H. Res. 1512 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (December 8, 2022)
Summary
House Resolution 1512, dated December 8, 2022, provides that upon its adoption the House is considered to have taken from the Speaker’s table House bill 7776 with the Senate amendment, and to have concurred in the Senate amendment with an amendment. The inserted text may be cited as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. It states that the Act is organized into 11 divisions, from Division A (Department of Defense Authorizations) and Division B (Military Construction Authorizations) through Division K (Don Young Coast Guard Authorization Act of 2022).
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Cite this document
“H. Res. 1512 — James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (December 8, 2022).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hres1512eh-bills-117hres1512eh/
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H. Res. 1512
In the House of Representatives, U. S.,
December 8, 2022.
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker’s
table the bill, H.R. 7776, with the Senate amendment there-
to, and to have concurred in the Senate amendment with the
following amendment:
In lieu of the matter proposed to be inserted by the
amendment of the Senate to the text of the bill, insert
the following:
SECTION 1. SHORT TITLE.
(a) IN GENERAL.—This Act may be cited as the ‘‘James
M. Inhofe National Defense Authorization Act for Fiscal
Year 2023’’.
(b) REFERENCES.—Any reference in this or any other
Act to the ‘‘National Defense Authorization Act for Fiscal
Year 2023’’ shall be deemed to be a reference to the ‘‘James
M. Inhofe National Defense Authorization Act for Fiscal
Year 2023’’.
2
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CON-
TENTS.
(a) DIVISIONS.—This Act is organized into 11 divisions
as follows:
(1) Division A—Department of Defense Authoriza-
tions.
(2) Division B—Military Construction Authoriza-
tions.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Non-Department of Defense Mat-
ters.
(6) Division F—Intelligence Authorization Act for
Fiscal Year 2023.
(7) Division G—Homeland Security.
(8) Division H—Water Resources.
(9) Division I—Department of State Authoriza-
tions.
(10) Division J—Oceans and Atmosphere.
(11) Division K—Don Young Coast Guard Author-
ization Act of 2022.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
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Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery how-
itzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port water-
borne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration
of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment
oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding pro-
grams.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer pro-
gram.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class ves-
sels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker air-
craft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–
1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines
for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warn-
ing and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A air-
craft.
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Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue
mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats
posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial
base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion,
power, and thermal management systems of F–35 aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project author-
ity.
Sec. 212. Clarification of role of senior official with principal responsibility for
artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and
Engineering in personnel management authority to attract ex-
perts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic
warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure
at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other mi-
nority-serving institutions regarding National Security Innova-
tion Network programs that promote entrepreneurship and in-
novation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding de-
fense research capacity at historically Black colleges and uni-
versities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in
the Department of the Navy.
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Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test
and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth
generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing
approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communica-
tions technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fel-
lowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innova-
tion ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the
Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and
development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and infor-
mation technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven expo-
sure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department
of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and
energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered,
or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to
renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and
promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements
for future operational energy needs of Department of Defense.
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Sec. 321. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain
military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions
to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through re-
cycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites pro-
grams.
Sec. 327. Analysis and plan for addressing heat island effect on military instal-
lations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered ve-
hicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red
Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-
Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill
Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implica-
tions of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and assessment
on health implications of per- and polyfluoroalkyl substances
contamination in drinking water by Agency for Toxic Sub-
stances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private prop-
erty.
Sec. 345. Restriction on procurement or purchasing by Department of Defense
of turnout gear for firefighters containing perfluoroalkyl sub-
stances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installa-
tions from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense
procurement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and ob-
jectives for major defense acquisition programs.
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Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readi-
ness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts fol-
lowing major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration
of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding
Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support
operations.
Sec. 358. Notification of modification to policy regarding retention rates for
Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United
States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribu-
tion points in United States Indo-Pacific Command area of re-
sponsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance
and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspec-
ified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition produc-
tion facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level
maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for
performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Depart-
ment of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint
Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibil-
ities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire preven-
tion and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installa-
tions.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
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Sec. 390. Requirements relating to reduction of out-of-pocket costs of members
of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanita-
tion and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
TITLE IV—MILITARY PERSONNEL AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in
grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer
and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades
of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and
flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limita-
tions on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military de-
partments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement
for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of
a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense
and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
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Sec. 511. Inclusion of additional information on the Senior Reserve Officers’
Training Corps in reports accompanying the national defense
strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Re-
serve Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the Na-
tional Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard
and Reserve duty at the request of a Governor may not inter-
fere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain
reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Re-
serve Officers’ Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review
boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of
the Armed Forces and Department of Defense and Coast
Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who
accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative dis-
charges of certain members on the basis of failure to receive
COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the
Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occu-
pational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospec-
tive recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment
incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial
and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public sec-
ondary schools.
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Sec. 537. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted
aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize
in air and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain
other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of
military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy founda-
tions.
Sec. 552. Individuals from the District of Columbia who may be considered for
appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of
Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service
academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military
education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-
led programs for members of the Armed Forces.
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Sec. 572. Pilot program to expand eligibility for enrollment at domestic depend-
ent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces with enrollment changes due to
base closures, force structure changes, or force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion coordinators for
Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide fi-
nancial assistance to members of the Armed Forces for in-
home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of
the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools
operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military
records to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of
the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications; codi-
fication.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installa-
tions.
Sec. 597. Briefing on the effects of economic inflation on members of the
Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
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TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 602. Increase to maximum amounts of certain bonus and special pay au-
thorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay;
travel allowance for members of the Armed Forces assigned to
Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for hous-
ing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for
members of the Armed Forces whose sole dependent dies while
residing with the member.
Sec. 614. Basic allowance for housing for members without dependents when
home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for cer-
tain members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to
the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain con-
gressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed serv-
ices for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing
costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to
relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the
Armed Forces who attend a professional military education in-
stitution or training classes.
Sec. 626. Conforming amendments to update references to travel and transpor-
tation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces to
accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
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Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; re-
port.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur
Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces: study;
report.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime
during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for mem-
bers of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE
directory.
Sec. 706. Independent analysis of quality and patient safety review process
under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve
and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in requirements for
medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
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Sec. 715. Congressional notification requirement to modify scope of services
provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civil-
ians for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to
delivery of health and medical care through use of other trans-
action authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humani-
tarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management
in the military health system.
Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former
spouses.
Sec. 722. Authority for Department of Defense program to promote early lit-
eracy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System
Medical Logistics Directorate and Military Health System
Education and Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical
manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Au-
tism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority
for independent suicide prevention and response review com-
mittee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruc-
tion.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under mili-
tary health system.
Sec. 738. Certification program in provision of mental health services to mem-
bers of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by in-
dividuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of De-
fense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength:
certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense intern-
ship programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command
on defense health.
Sec. 744. Capability assessment and action plan with respect to effects of expo-
sure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
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Sec. 746. Reports on composition of medical personnel of each military depart-
ment and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational
tempo and physical and mental health of members of the
Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner
violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed
Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT,
AND RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming
obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon sys-
tems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and
deployment of capabilities needed under specified high-priority
circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for dis-
closure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition
programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on
proposed cancellations and modifications to multiyear con-
tracts.
Sec. 812. Comptroller General assessment of acquisition programs and related
efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with requests for
multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activi-
ties with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of foreign-
made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and pricing proc-
esses.
Sec. 819. Extension of pilot program for distribution support and services for
weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department of
Defense to conduct certain reviews.
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Sec. 822. Modification of contracts to provide extraordinary relief due to infla-
tion impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce
excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agree-
ments with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or
hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills pro-
gram.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual
property.
Sec. 842. Modification of authority of the Department of Defense to carry out
certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procure-
ment and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain
naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and stra-
tegic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and in-
dustrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobiliza-
tion and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply
chains.
Sec. 861. Strategy for increasing competitive opportunities for certain critical
technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F—Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
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Sec. 875. Demonstration of commercial due diligence for small business pro-
grams.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G—Other Matters
Sec. 881. Technical correction to effective date of the transfer of certain title
10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into
program classification guides and program protection plans.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant
Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Man-
agement Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to iden-
tify, task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements re-
lating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum
operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into
a single component.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans review
process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
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Sec. 1022. Navy consultation with Marine Corps on major decisions directly
concerning Marine Corps amphibious force structure and capa-
bility.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned
dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify fa-
cilities in the United States to house detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for trans-
fer or release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish con-
trol of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified
form.
Sec. 1042. Department of Defense support for funerals and memorial events
for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed
Forces and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense sys-
tems for certain congressional staff for oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Aus-
tralian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of
Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support operations
in the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to
humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
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Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding en-
hancement of information sharing and coordination of military
training between Department of Homeland Security and De-
partment of Defense.
Sec. 1059. Continuation of requirement for annual report on National Guard
and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess
aircraft to other departments of the Federal Government and
authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, sur-
veillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space near
wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Govern-
ment Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction be-
tween combatants and civilians in United States military oper-
ations.
Sec. 1068. Report on strategy and improvement of community engagement ef-
forts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Carib-
bean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil au-
thorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local gov-
ernments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions re-
ceiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of
Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of
the United States Armed Forces to certain European coun-
tries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Subtitle G—Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed
in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of operations of
United States Indo-Pacific Command.
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Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of De-
fense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Stra-
tegic Studies as the James M. Inhofe Center for Africa Stra-
tegic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint train-
ing exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense civilian em-
ployees choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for Federal
civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, ben-
efits, and gratuities to civilian personnel on official duty in a
combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Depart-
ment of Defense.
Sec. 1105. Temporary extension of authority to provide security for former De-
partment of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology posi-
tions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited ap-
pointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts
in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of
the workforce to improve the technical skills and expertise at
certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive
appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber
and information technology personnel to private sector organi-
zations.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in train-
ing program conducted by Colombia under the United States-
Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational centers
of excellence.
Sec. 1204. Modification of existing authorities to provide for an Irregular War-
fare Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of oper-
ations.
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Sec. 1206. Extension and modification of authority for reimbursement of cer-
tain coalition nations for support provided to United States
military operations.
Sec. 1207. Modification and extension of authority to support border security
operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to advance
women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for assist-
ance to units of foreign security forces that have committed a
gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train, advise,
assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Pro-
gram.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and
loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghani-
stan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities of Iran
and related activities.
Sec. 1232. Extension of authority to support operations and activities of the
Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian
groups and individuals.
Sec. 1234. Extension and modification of authority to provide assistance to
counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics production
and trafficking and affiliated networks linked to the regime of
Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D—Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initia-
tive.
Sec. 1242. Extension of limitation on military cooperation between the United
States and Russia.
Sec. 1243. Modification to annual report on military and security developments
involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
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Sec. 1245. Prohibition on availability of funds relating to sovereignty of the
Russian Federation over internationally recognized territory of
Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short
and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security developments
involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to author-
ize use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People’s Republic
of China in rim of the Pacific (RIMPAC) naval exercises to in-
clude cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin clean-
up.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with
ties to the Government of the People’s Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in the Peo-
ple’s Republic of China that provide support to the People’s
Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and in-
vestments made by the Government of the People’s Republic of
China and entities directed or backed by the Government of the
People’s Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-
Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States military
posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the
Indo-Pacific region.
Subtitle F—Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations Head-
quarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in
Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared na-
tional security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership
among Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observ-
ers.
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Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical
Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-De-
partment of Veterans Affairs Medical Facility Demonstration
Fund for Captain James A. Lovell Health Care Center, Illi-
nois.
Sec. 1422. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV—CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United
States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cyberse-
curity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that
advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy
with National Defense Strategy and Department of Defense
Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jor-
dan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain
systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence,
and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
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Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the
information environment.
Sec. 1522. Assessment and optimization of Department of Defense information
and influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint
lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information
operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of as-
sessments relating to cybersecurity of the defense industrial
base.
Subtitle C—Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for the
Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path study.
Sec. 1537. Study to determine optimal strategy for structuring and manning
elements of Joint Force Headquarters–Cyber Organizations,
Joint Mission Operations Centers, and Cyber Operations-Inte-
grated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office of the
Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for De-
partment of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D—Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related information
with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology budg-
et data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial
intelligence.
Sec. 1555. Review of Department of Defense implementation of recommenda-
tions from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency
and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget
control responsibility to Commander of United States Cyber
Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency
enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adver-
saries in the information environment.
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TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and capability
delivery schedules for segments of major satellite acquisitions
programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space tech-
nology development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capa-
bilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack
Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support oper-
ational preparation of the environment.
Subtitle C—Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B–21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber resilience
of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site activation task
force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of
the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile pro-
grams within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile.
Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the ballistic
missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense informa-
tion and systems.
Sec. 1654. Next generation interceptors for missile defense of United States
homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense
programs to the military departments.
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Sec. 1656. Persistent cybersecurity operations for ballistic missile defense sys-
tems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report
on implementation of the cruise missile defense architecture for
the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain al-
lies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United
States.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White
House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address
hard and deeply buried targets.
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE
PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons
provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot
air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and ca-
pacity needs for munitions production and stockpiling.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified
by law.
Sec. 2803. Effective date and automatic execution of conforming changes to ta-
bles of sections, tables of contents, and similar tabular entries.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4, 13,
and 15.
Sec. 2105. Modification of authority to carry out fiscal year 2019 project at
Camp Tango, Korea.
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Sec. 2106. Extension and modification of authority to carry out certain fiscal
year 2018 projects.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project.
Sec. 2205. Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical
system in Kalaeloa, Hawaii.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018 projects.
Sec. 2305. Modification of authority to carry out certain fiscal year 2021
project.
Sec. 2306. Modification of authority to carry out certain military construction
projects at Tyndall Air Force Base, Florida.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment program
projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction project.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition
projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
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Sec. 2607. Corrections to authority to carry out certain fiscal year 2022
projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure ac-
tivities funded through Department of Defense Base Closure
Account.
Sec. 2702. Authorization to fund certain demolition and removal activities
through Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to
carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds appli-
cable to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor mili-
tary construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installa-
tions, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for mili-
tary construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction
projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve
energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Fa-
cilities Criteria to include specifications on use of gas insulated
switchgear and criteria and specifications on microgrids and
microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that im-
pact cost and scope of work of military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and
Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical condi-
tions of residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
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Sec. 2831. Authorized land and facilities transfer to support contracts with fed-
erally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installa-
tion resilience component of master plans for at-risk major
military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Vir-
ginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military construc-
tion projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors
of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military in-
stallations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications
related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of
certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on
strategic seaports in Defense Community Infrastructure Pilot
Program.
Sec. 2864. Inclusion of certain property for purposes of defense community in-
frastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building
materials in military construction to include locations through-
out the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain
construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of In-
spectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facil-
ity.
Sec. 2870. Limitation on use of funds for closure of combat readiness training
centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil
aviation.
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Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.
TITLE XXIX—FALLON RANGE TRAINING COMPLEX
Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B—Lander County Economic Development and Conservation
Sec. 2911. Definitions.
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
PART II—LANDER COUNTY WILDERNESS AREAS
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear weap-
ons.
Sec. 3112. Modifications to long-term plan for meeting national security re-
quirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of non-
operational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at
vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for labora-
tory-directed research and development.
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Sec. 3117. Workforce enhancement for National Nuclear Security Administra-
tion.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2
warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the
Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium
pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced manu-
facturing development.
Sec. 3126. Authorization of workforce development and training partnership
programs within National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and
other provisions.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes
procured, furnished, or financed by other Federal departments
and agencies.
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant
mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government
works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy ca-
dets on certain vessels.
Subtitle C—Maritime Infrastructure
Sec. 3521. United States marine highway program.
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Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure development pro-
gram.
Sec. 3524. Infrastructure improvements identified in the report on strategic
seaports.
Sec. 3525. GAO review of Government efforts to promote growth and mod-
ernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resil-
iency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at ports.
Sec. 3529. Study of cybersecurity and national security threats posed by for-
eign manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E—Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on Pacific
salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
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TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY
PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS MATTERS
Subtitle A—Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B—Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of information
on Department of Veterans Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by De-
partment of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and
housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Vet-
erans Affairs.
Subtitle C—Other Matters
Sec. 5121. Improved application of employment and reemployment rights of all
members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of Vet-
erans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing Act
of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of Vet-
erans Affairs of donated facilities and related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical occupations; pro-
gram on intermediate care technicians of Department of Vet-
erans Affairs.
TITLE LII—INSPECTOR GENERAL INDEPENDENCE AND
EMPOWERMENT MATTERS
Subtitle A—Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty
status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
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Subtitle B—Presidential Explanation of Failure to Nominate an Inspector
General
Sec. 5221. Presidential explanation of failure to nominate an Inspector General.
Subtitle C—Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports to
Congress.
Sec. 5233. Availability of information to Congress on certain allegations of
wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of establishments by
the Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in status
of Inspector General.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency
Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors
General.
Subtitle G—Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-governmental or-
ganizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa
program.
TITLE LIII—OVERSIGHT AND REFORM MATTERS
Subtitle A—General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI reprisal
allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022
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Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and sup-
porting positions.
TITLE LIV—21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
PART 1—IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP
BETWEEN THE UNITED STATES AND TAIWAN
Sec. 5502. Modernizing Taiwan’s security capabilities to deter and, if nec-
essary, defeat aggression by the People’s Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions and sup-
port for Taiwan.
Sec. 5504. International military education and training cooperation with Tai-
wan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military forces of
Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales pro-
gram.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States allies
in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan’s needs for civilian defense and resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and intel-
ligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
PART 2—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S COERCION AND
INFLUENCE CAMPAIGNS
Sec. 5513. Strategy to respond to influence and information operations tar-
geting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People’s Republic of
China.
Sec. 5515. China censorship monitor and action group.
PART 3—INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan’s meaningful participation in inter-
national organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Avia-
tion Organization.
PART 4—MISCELLANEOUS PROVISIONS
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Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and En-
hancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People’s Republic of China’s nuclear threat in es-
calation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the
objectives of the People’s Republic of China with respect to
Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations
with Taiwan.
PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE
PROGRAMS WITH TAIWAN
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with
Taiwan.
PART 6—UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
PART 7—RULES OF CONSTRUCTION
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B—United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign influ-
ence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C—FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to combat inter-
national trafficking in covered synthetic drugs.
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Sec. 5553. Program to provide assistance to build the capacity of foreign law
enforcement agencies with respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to illicit
use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D—International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States’ international response to pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention, Prepared-
ness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E—Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
PART 1—MATTERS RELATING TO THE CONFLICT IN BURMA
Sec. 5569. Statement of policy.
PART 2—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses and
perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to Burma.
Sec. 5574. Sunset.
PART 3—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR
BURMA
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
PART 4—EFFORTS AGAINST HUMAN RIGHTS ABUSES
Sec. 5578. Authorization to provide technical assistance for efforts against
human rights abuses.
PART 5—SANCTIONS EXCEPTION RELATING TO IMPORTATION OF GOODS
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F—Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
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Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea’s repressive informa-
tion environment.
Sec. 5584. Promoting freedom of information and countering censorship and
surveillance in North Korea.
Subtitle G—Other Matters
Sec. 5585. Congressional notification for rewards paid using cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef Conservation
Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer
of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic Republic of
Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of
2022.
Subtitle H—Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation with
Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked
invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in
the international counterterrorism academy in Côte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family mem-
bers in North Korea.
Subtitle I—Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition leader
Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons by
Iran.
TITLE LVI—TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII—FINANCIAL SERVICES MATTERS
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Sec. 5701. United States policy on World Bank Group and Asian Development
Bank assistance to the People’s Republic of China.
Sec. 5702. Support for international initiatives to provide debt restructuring
or relief to developing countries with unsustainable levels of
debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII—FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A—Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B—Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange Com-
mission.
Sec. 5822. Open data publication by the Securities and Exchange Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the
Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corpora-
tion.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Of-
fice of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bu-
reau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F—Federal Reserve System
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Sec. 5861. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Re-
serve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G—National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H—Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I—Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX—OTHER MATTERS
Subtitle A—Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H–2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E–1 and E–2
nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors’ bill of rights.
Sec. 5904. Extending the statute of limitations for certain money laundering
offenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized fa-
cilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger
technology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D—Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
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Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E—Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain shortfalls
and infrastructure needs at wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of Reclama-
tion dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration prop-
erty in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-bind-
ing instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI—INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by law.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment activities by
former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for intelligence
community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdic-
tion to facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller Gen-
eral of the United States for the Director of National Intel-
ligence.
Sec. 6305. Timely submission of classified intelligence budget justification ma-
terials.
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Sec. 6306. Copyright protection for civilian faculty of the National Intelligence
University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel of intel-
ligence community in positions highly vulnerable to cyber at-
tack.
Sec. 6309. Enforcement of cybersecurity requirements for national security sys-
tems.
Sec. 6310. Review and briefing on intelligence community activities under Exec-
utive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export
controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic stand-
ards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation
and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE
INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director of Na-
tional Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intel-
ligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency
functions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay
personnel of Central Intelligence Agency for certain injuries to
the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide protection for
certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.
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Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 6433. Elevation of the commercial and business operations office of the
National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Pro-
gram.
Sec. 6436. Briefing on coordination between intelligence community and Bu-
reau of Industry and Security.
TITLE LXV—MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A—Intelligence Matters Relating to the People’s Republic of China
Sec. 6501. Report on wealth and corrupt activities of the leadership of the Chi-
nese Communist Party.
Sec. 6502. Identification and threat assessment of companies with investments
by the People’s Republic of China.
Sec. 6503. Intelligence community working group for monitoring the economic
and technological capabilities of the People’s Republic of
China.
Sec. 6504. Annual report on concentrated reeducation camps in the Xinjiang
Uyghur Autonomous Region of the People’s Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People’s Repub-
lic of China.
Subtitle B—Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile systems by
Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities account-
ability.
Sec. 6513. Lead intelligence community coordinator for countering and neutral-
izing proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of
Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement
technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone as-
sets.
Subtitle C—Reports and Other Matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin America
and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community
for atrocity prevention and accountability.
TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted Work-
force 2.0 initiative.
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Sec. 6603. Inspector General of the Intelligence Community assessment of ad-
ministration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified informa-
tion for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered
insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of
space certified as sensitive compartmented information facili-
ties.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence
community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of
urgent concern received by inspectors general of the intel-
ligence community.
TITLE LXVII—MATTERS RELATING TO EMERGING
TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National Intelligence for ar-
tificial intelligence policies, standards, and guidance for the in-
telligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial
integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access
by certain contractors; reports on expansion of security clear-
ances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal
Acquisition Regulation relating to commercially available off-
the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for ar-
tificial intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software sys-
tems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence
community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence commu-
nity relating to science, technology, engineering, and math, and
related areas.
Subtitle D—Talent, Education, and Training
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Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties
Oversight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anom-
alous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on
unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic
opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemi-
sphere.
Sec. 6806. Report on international norms, rules, and principles applicable in
space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the
Russian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food secu-
rity.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to
undertake an effort to identify International Mobile Subscriber
Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assess-
ment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing require-
ments.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in per-
sonnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital en-
gineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence activities.
Sec. 6820. Report on declassification efforts of Central Intelligence Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding con-
trolled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G—HOMELAND SECURITY
TITLE LXXI—HOMELAND SECURITY MATTERS
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Subtitle A—Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit Security
Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B—Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protégé program.
Sec. 7116. DHS economic security council.
Subtitle C—Enhancing Cybersecurity Training and Operations
Sec. 7121. President’s Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the Department
of Homeland Security.
Subtitle D—Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages to ad-
vance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter
vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection per-
sonnel on the use of containment devices to prevent secondary
exposure to fentanyl and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug interdiction at
and between ports of entry.
Subtitle E—Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII—GOVERNMENTAL AFFAIRS
Subtitle A—Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A—Improving Government for America’s Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority rec-
ommendations.
Subtitle B—Advancing American AI Act
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Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in Govern-
ment.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial intelligence
capabilities to demonstrate modernization activities related to
use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C—Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D—Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII—TRANSPORTATION AND INFRASTRUCTURE
MATTERS
Subtitle A—Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B—Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological hazards
and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C—Other Matters
Sec. 7321. Crisis counseling assistance and training.
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DIVISION H—WATER RESOURCES
TITLE LXXXI—WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A—General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities; outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from appropria-
tion for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small, remote,
and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake Okeechobee,
Florida.
Sec. 8142. Forecasting models for the Great Lakes.
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Sec. 8143. Monitoring and assessment program for saline lakes in the Great
Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or rehabilita-
tion of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation
sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B—Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance
responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in Appa-
lachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek, California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley, Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine–Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
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Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and testing ca-
pacity.
Sec. 8231. Report on socially and economically disadvantaged small business
concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of open
space, recreational areas, and habitat associated with project
lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources develop-
ment projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration services
on lands owned by the Corps of Engineers.
Subtitle C—Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and ice
and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver Counties,
Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles County
Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County, California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin, California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
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Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and Illinois
Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas
Levees units, Missouri River and tributaries at Kansas Cities,
Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and
demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Ne-
braska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mex-
ico.
Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and
New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
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Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D—Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV—CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I—DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI—ORGANIZATION AND OPERATIONS OF THE
DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compli-
ance and the Bureau of International Security and Non-
proliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of
State’s Unit for Subnational Diplomacy.
TITLE XCII—PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to, harassment,
discrimination, sexual assault, and related retaliation.
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Sec. 9203. Increasing the maximum amount authorized for science and tech-
nology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investiga-
tions.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional develop-
ment for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges and im-
munities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS) or-
ders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the
Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain monthly
workers’ compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign Service.
Sec. 9220. Expanding scope of fellowship programs to include civil servants.
TITLE XCIII—EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and Counterterrorism
Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV—A DIVERSE WORKFORCE: RECRUITMENT,
RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the Department
of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department of
State workforce.
Sec. 9405. Rule of construction.
TITLE XCV—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
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Sec. 9508. Establishment and expansion of Regional Technology Officer Pro-
gram.
Sec. 9509. Vulnerability disclosure policy and bug bounty program report.
TITLE XCVI—PUBLIC DIPLOMACY
Sec. 9601. United States participation in international fairs and expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through music
diplomacy.
TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by inter-
national organizations.
Sec. 9702. Increasing housing availability for certain employees assigned to the
United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping oper-
ations not authorized by the United Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the
Middle East Broadcasting Networks, and the Open Technology
Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into a single
private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Re-
form Act.
Sec. 9709. Increasing the maximum annual lease payment available without ap-
proval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications through
United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to ordered
departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domes-
tic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII—EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of
State.
DIVISION J—OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C—CORAL REEF CONSERVATION
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Subtitle A—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B—United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C—Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D—Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI—BOLSTERING LONG-TERM UNDERSTANDING AND EX-
PLORATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTU-
ARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII—REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII—NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization Coun-
cil.
Sec. 10305. Modifications to the ocean exploration program of the National
Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the Na-
tional Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
TITLE CIV—MARINE MAMMAL RESEARCH AND RESPONSE
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
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Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV—VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and Monitoring
System.
TITLE CVI—LEARNING EXCELLENCE AND GOOD EXAMPLES
FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K—DON YOUNG COAST GUARD AUTHORIZATION ACT OF
2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI—AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction im-
provement.
TITLE CXII—COAST GUARD
Subtitle A—Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western Pacific re-
gion.
Sec. 11203. Study and report on national security and drug trafficking threats
in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts and
grants to procure cost-effective technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through
condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Subtitle B—Great Lakes
Sec. 11212. Great Lakes winter commerce.
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Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet mis-
sion demands.
Subtitle C—Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D—Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous con-
trol and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of
performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation sys-
tem.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authoriza-
tion and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft and strat-
egy for Coast Guard Aviation.
Subtitle F—Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on active duty.
Sec. 11236. Number and distribution of officers on active duty promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend officers of
particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain per-
sonnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers’ Training
Corps.
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Sec. 11248. Improving representation of women and racial and ethnic minori-
ties among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard per-
sonnel.
Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-
made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at Port
Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard
Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities associated
with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing for
fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit trans-
fers by persons who report being the victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims’ Counsel program.
TITLE CXIII—ENVIRONMENT
Subtitle A—Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port op-
erations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large
cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound re-
gion.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B—Oil Spills
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Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response con-
tracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C—Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established anchor-
age grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and rec-
reational fisheries from development of renewable energy on
West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fish-
ing gear.
Subtitle D—Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and related
stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust Fund
administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy
production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E—Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
CHAPTER 1—COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO
COMBAT HUMAN TRAFFICKING
Sec. 11336. Denial of port privileges.
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Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV—SUPPORT FOR COAST GUARD WORKFORCE
Subtitle A—Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B—Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or traumatic
brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and transi-
tion program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast
Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of
Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard per-
sonnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV—MARITIME
Subtitle A—Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard oversight
of third-party organizations.
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Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B—Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant mariner
credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C—Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in aquaculture
activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI—SEXUAL ASSAULT AND SEXUAL HARASSMENT
PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or
revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
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Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and weather re-
connaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B—Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and Atmos-
pheric Administration in Juneau, Alaska.
TITLE CXVIII—TECHNICAL, CONFORMING, AND CLARIFYING
AMENDMENTS
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical amend-
ments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 101(a)(16)
of title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010,
shall be determined by reference to the latest statement titled
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
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SEC. 5. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House section of the Congressional Record on or about
December 7, 2022, by the Chairman of the Committee on
Armed Services of the House of Representatives and the
Chairman of the Committee on Armed Services of the Senate,
shall have the same effect with respect to the implementation
of this Act as if it were a joint explanatory statement of a
committee of conference.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery how-
itzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port water-
borne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration
of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment
oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding pro-
grams.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer pro-
gram.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class ves-
sels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
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Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker air-
craft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–
1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines
for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warn-
ing and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A air-
craft.
Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue
mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats
posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial
base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion,
power, and thermal management systems of F–35 aircraft.
Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2023 for procurement for the Army, the Navy and
the Marine Corps, the Air Force and the Space Force, and
Defense-wide activities, as specified in the funding table in
section 4101.
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Subtitle B—Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE
CANNON ARTILLERY HOWITZERS.
(a) LIMITATIONS.—In carrying out the acquisition of
Extended Range Cannon Artillery howitzers, the Secretary of
the Army shall—
(1) limit production of prototype Extended Range
Cannon Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States
Government of a Paladin Integrated Management-modi-
fication production approach with a new-build produc-
tion approach;
(3) include in any cost analysis or comparison—
(A) the monetary value of a Paladin howitzer
that may be modified to produce an Extended
Range Cannon Artillery howitzer; and
(B) the monetary value of leveraging govern-
ment-owned infrastructure to facilitate the modi-
fication;
(4) use a full and open competitive approach using
best value criteria for post-prototype production source
selection; and
(5) base any production strategy and source selec-
tion decisions on a full understanding of the cost of pro-
duction, including—
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(A) the comparison of production approaches
described in paragraph (2); and
(B) any cost analysis or comparison described
in paragraph (3).
(b) CERTIFICATION.—Before issuing a request for pro-
posal for the post-prototype production of an Extended
Range Cannon Artillery howitzer, the Secretary of the Army
shall—
(1) certify to the congressional defense committees
that the acquisition strategy upon which the request for
proposal is based complies with the requirements of sub-
section (a); and
(2) provide to the congressional defense committees
a briefing on that acquisition strategy and the relevant
cost and value comparison described in subsection (a)(2).
(c) INCLUSION OF CERTAIN INFORMATION IN BUDGET
MATERIALS.—The Secretary of the Army shall ensure that
the cost of procuring Paladin howitzers to be modified for
post-prototype production of Extended Range Cannon Artil-
lery howitzers is included—
(1) in the materials relating to the Extended Range
Cannon Artillery program submitted in support of the
budget of the President (as submitted to Congress under
section 1105(a) of title 31, United States Code) for each
fiscal year in which such program is carried out; and
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(2) in any budget briefings concerning such pro-
gram.
Subtitle C—Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT OF
THE NAVY.
(a) LIMITATIONS AND MINIMUM INVENTORY REQUIRE-
MENTS.—Section 8062 of title 10, United States Code, is
amended—
(1) by redesignating subsection (f) as subsection
(g); and
(2) by inserting after subsection (e) the following
new subsection:
‘‘(f)(1)(A) During the period beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2023 and ending on September 30, 2027, the
Secretary of the Navy may not—
‘‘(i) retire an EA–18G aircraft;
‘‘(ii) reduce funding for unit personnel or
weapon system sustainment activities for EA–
18G aircraft in a manner that presumes future
congressional authority to divest such aircraft;
‘‘(iii) place an EA–18G aircraft in active
storage status or inactive storage status; or
‘‘(iv) keep an EA–18G aircraft in a status
considered excess to the requirements of the
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possessing command and awaiting disposition
instructions.
‘‘(B) The prohibition under subparagraph (A) shall
not apply to individual EA–18G aircraft that the Sec-
retary of the Navy determines, on a case-by-case basis,
to be no longer mission capable and uneconomical to re-
pair because of aircraft accidents or mishaps.
‘‘(2)(A) The Secretary of the Navy shall maintain a total
aircraft inventory of EA–18G aircraft of not less than 158
aircraft, of which not less than 126 aircraft shall be coded
as primary mission aircraft inventory.
‘‘(B) The Secretary of the Navy may reduce the number
of EA–18G aircraft in the inventory of the Navy below the
minimum number specified in subparagraph (A) if the Sec-
retary determines, on a case-by-case basis, that an aircraft is
no longer mission capable and uneconomical to repair because
of aircraft accidents or mishaps.
‘‘(C) In this paragraph, the term ‘primary mission air-
craft inventory’ means aircraft assigned to meet the primary
aircraft authorization—
‘‘(i) to a unit for the performance of its wartime
mission;
‘‘(ii) to a training unit for technical and specialized
training for crew personnel or leading to aircrew quali-
fication;
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‘‘(iii) to a test unit for testing of the aircraft or its
components for purposes of research, development, test,
and evaluation, operational test and evaluation, or to
support testing programs; or
‘‘(iv) to meet requirements for missions not other-
wise specified in clauses (i) through (iii).’’.
(b) REPORT REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Navy and the Secretary of the Air Force shall jointly submit
to the congressional defense committees a report that in-
cludes a strategy and execution plan for continuously and ef-
fectively meeting the airborne electronic attack training and
combat requirements of the joint force. At a minimum, the
strategy and execution plan shall provide for—
(1) the integration and utilization of both reserve
and active duty component forces and resources within
the Department of the Navy and the Department of the
Air Force; and
(2) the establishment or continuation of one or
more joint service expeditionary, land-based electronic
attack squadrons that equal or exceed the capacity and
capability of such squadrons in effect as of the date of
the enactment of this Act.
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SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT
SPECIAL INCENTIVE.
(a) IN GENERAL.—Chapter 863 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT
SPECIAL INCENTIVE.
‘‘(a) REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary of the Navy
shall include in any solicitation for a covered contract a
special incentive for workforce development that funds
one or more workforce development activities described
in subsection (c).
‘‘(2) AMOUNT OF SPECIAL INCENTIVE.—The
amount of a special incentive required under subsection
(a)(1) shall be equal to not less than one quarter of one
percent and not more than one percent of the estimated
cost of the covered contract.
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary of the Navy
may waive one or more of the requirements of this
section if the Secretary determines—
‘‘(i) unreasonable cost or delay would be
incurred by complying with such requirements;
‘‘(ii) existing workforce development ini-
tiatives are sufficient to meet workforce needs;
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‘‘(iii) there are minimal workforce develop-
ment issues to be addressed; or
‘‘(iv) it is not in the national security in-
terests of the United States to comply with
such requirements.
‘‘(B) NOTICE TO CONGRESS.—Not less than 30
days prior to issuing a waiver under subparagraph
(A), the Secretary of the Navy shall submit to the
congressional defense committees written notice of
the intent of the Secretary to issue such a waiver.
Such notice shall specify the basis for such waiver
and include a detailed explanation of the reasons
for issuing the waiver.
‘‘(b) MATCHING CONTRIBUTION REQUIREMENT.—
‘‘(1) IN GENERAL.—Funds for a special incentive
for workforce development required under subsection
(a)(1) may be expended only—
‘‘(A) on or after the date on which the service
acquisition executive of the Navy receives a written
commitment from one or more entities described in
paragraph (2) of separate and distinct cumulative
monetary contributions to be made on or after the
date of such commitment for workforce develop-
ment; and
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‘‘(B) in an amount that is equal to the aggre-
gate amount of all monetary contributions from en-
tities that made commitments under subparagraph
(A) not to exceed the amount of funding made
available for the special incentive under subsection
(a)(2).
‘‘(2) ENTITIES DESCRIBED.—The entities described
in this paragraph are the following:
‘‘(A) The prime contractor that was awarded a
covered contract.
‘‘(B) A qualified subcontractor.
‘‘(C) A State government or other State entity.
‘‘(D) A county government or other county en-
tity.
‘‘(E) A local government or other local entity.
‘‘(F) An industry association, organization, or
consortium that directly supports workforce devel-
opment.
‘‘(3) SPECIAL RULE.—In a case in which the aggre-
gate amount of all monetary contributions from entities
that made commitments under paragraph (1)(A) is less
than the minimum amount specified for the special in-
centive under subsection (a)(2), funds for the special in-
centive may be expended in an amount equal to such
lesser amount.
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‘‘(c) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Funds for a special incentive
for workforce development required under subsection
(a)(1) may be obligated or expended only to provide for
the activities described in paragraph (2) in support of
the production and production support workforce of the
prime contractor concerned or a qualified subcontractor
concerned.
‘‘(2) ACTIVITIES DESCRIBED.—The activities de-
scribed in this paragraph are the following:
‘‘(A) The creation of short- and long-term
workforce housing, transportation, and other sup-
port services to facilitate attraction, relocation, and
retention of workers.
‘‘(B) The expansion of local talent pipeline pro-
grams for both new and existing workers.
‘‘(C) Investments in long-term outreach in
middle school and high school programs, specifically
career and technical education programs, to pro-
mote and develop manufacturing skills.
‘‘(D) The development or modification of facili-
ties for the primary purpose of workforce develop-
ment.
‘‘(E) Payment of direct costs attributable to
workforce development.
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‘‘(F) Attraction and retention bonus programs.
‘‘(G) On-the-job training to develop key manu-
facturing skills.
‘‘(d) APPROVAL REQUIREMENT.—The service acquisition
executive of the Navy shall—
‘‘(1) provide the final approval of the use of funds
for a special incentive for workforce development re-
quired under subsection (a)(1); and
‘‘(2) not later than 30 days after the date on which
such approval is provided, certify to the congressional
defense committees compliance with the requirements of
subsections (b) and (c), including—
‘‘(A) a detailed explanation of such compliance;
and
‘‘(B) the associated benefits to—
‘‘(i) the Federal Government; and
‘‘(ii) the shipbuilding industrial base of
the Navy.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered contract’ means a prime
contract for the construction of a naval vessel funded
using amounts appropriated or otherwise made available
for Shipbuilding and Conversion, Navy.
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‘‘(2) The term ‘qualified subcontractor’ means a
subcontractor that will deliver the vessel or vessels
awarded under a covered contract to the Navy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 863 of such title is amended by add-
ing at the end the following new item:
‘‘8696. Navy shipbuilding workforce development special incentive.’’.
(c) APPLICABILITY.—Section 8696 of title 10, United
States Code, as added by subsection (a), shall apply with re-
spect to—
(1) a solicitation for a covered contract (as defined
in subsection (e) of that section) made on or after June
1, 2023; and
(2) a solicitation or award of a covered contract, if
otherwise determined appropriate by the Secretary of the
Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF
FUNDS FOR NAVY PORT WATERBORNE SECURITY
BARRIERS.
(a) IN GENERAL.—Subsection (a) of section 130 of the
John S. McCain National Defense Authorization Act for Fis-
cal Year 2019 (Public Law 115–232; 132 Stat. 1665), as
most recently amended by section 122 of the National De-
fense Authorization Act for Fiscal Year 2022 (Public Law
117–81; 135 Stat. 1570), is further amended by striking ‘‘for
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fiscal years 2019, 2020, 2021, or 2022’’ and inserting ‘‘for
any of fiscal years 2019 through 2023’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(4) of
such section is amended by striking ‘‘section 2304’’ and in-
serting ‘‘sections 3201 through 3205’’.
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILI-
TIES AND FLEET CONFIGURATION OF E–6B AIR-
CRAFT.
(a) LIMITATION.—Until the date on which the certifi-
cation described in subsection (b) is submitted to the congres-
sional defense committees, the Secretary of the Navy—
(1) may not retire, or prepare to retire, any E–6B
aircraft;
(2) shall maintain the fleet of E–6B aircraft in the
configuration in effect as of the date of the enactment
of this Act; and
(3) shall ensure that E–6B aircraft continue to
meet the operational requirements of the combatant
commands that are met by such aircraft as of the date
of the enactment of this Act.
(b) CERTIFICATION DESCRIBED.—The certification de-
scribed in this subsection is a written certification from the
Chair of the Joint Requirements Oversight Council indicating
that the replacement capability for the E–6B aircraft—
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(1) will be fielded at the same time or before the
retirement of the first E–6B aircraft; and
(2) at the time such replacement capability achieves
initial operational capability, will have the ability to meet
the operational requirements of the combatant com-
mands that have been, or that are expected to be, as-
signed to such replacement capability.
(c) EXCEPTION.—The requirements of subsection (a)
shall not apply to an individual E–6B aircraft otherwise re-
quired to be maintained by that subsection if the Secretary
of the Navy determines, on a case-by-case basis, that such
aircraft is no longer mission capable due to a mishap or other
damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR
ARLEIGH BURKE CLASS DESTROYERS.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Sub-
ject to section 3501 of title 10, United States Code, the Sec-
retary of the Navy may enter into one or more multiyear con-
tracts for the procurement of up to 15 Arleigh Burke class
Flight III guided missile destroyers.
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The
Secretary of the Navy may enter into one or more contracts,
beginning in fiscal year 2023, for advance procurement asso-
ciated with the destroyers for which authorization to enter
into a multiyear procurement contract is provided under sub-
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section (a), and for systems and subsystems associated with
such destroyers in economic order quantities when cost sav-
ings are achievable.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—
A contract entered into under subsection (a) shall provide
that any obligation of the United States to make a payment
under the contract for a fiscal year after fiscal year 2023 is
subject to the availability of appropriations or funds for that
purpose for such later fiscal year.
(d) MANDATORY INCLUSION OF PRE-PRICED OPTION IN
CERTAIN CIRCUMSTANCES.—
(1) IN GENERAL.—In the event the total base quan-
tity of destroyers to be procured through all contracts
entered into under subsection (a) is less than 15, the
Secretary of the Navy shall ensure that one or more of
the contracts includes a pre-priced option for the pro-
curement of additional destroyers such that the sum of
such base quantity and the number of destroyers that
may be procured through the exercise of such options is
equal to 15 destroyers.
(2) DEFINITIONS.—In this subsection:
(A) The term ‘‘base quantity’’ means the quan-
tity of destroyers to be procured under a contract
entered into under subsection (a) excluding any
quantity of destroyers that may be procured
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through the exercise of an option that may be part
of such contract.
(B) The term ‘‘pre-priced option’’ means a
contract option for a contract entered into under
subsection (a) that, if exercised, would allow the
Secretary of the Navy to procure a destroyer at a
predetermined price specified in such contract.
(e) LIMITATION.—The Secretary of the Navy may not
modify a contract entered into under subsection (a) if the
modification would increase the target price of the destroyer
by more than 10 percent above the target price specified in
the original contract for the destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE
CONNECTOR PROGRAM.
(a) CONTRACT AUTHORITY.—Beginning in fiscal year
2023, the Secretary of the Navy may enter into one or more
contracts for the procurement of up to 25 Ship-to-Shore Con-
nector class craft and associated material.
(b) LIABILITY.—Any contract entered into under sub-
section (a) shall provide that—
(1) any obligation of the United States to make a
payment under the contract is subject to the availability
of appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
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amount of funding obligated to the contract at the time
of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be
entered into under subsection (a) unless the Secretary of the
Navy certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the contract,
each of the following, which shall be prepared by the mile-
stone decision authority for the Ship-to-Shore Connector pro-
gram:
(1) The use of such a contract is consistent with
the Chief of Naval Operations’ projected force structure
requirements for Ship-to-Shore Connector class craft.
(2) The use of such a contract will result in signifi-
cant savings compared to the total anticipated costs of
carrying out the program through annual contracts. In
certifying cost savings under the preceding sentence, the
Secretary shall include a written explanation of—
(A) the estimated end cost and appropriated
funds by fiscal year, by craft, without the authority
provided in subsection (a);
(B) the estimated end cost and appropriated
funds by fiscal year, by craft, with the authority
provided in subsection (a);
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(C) the estimated cost savings or increase by
fiscal year, by craft, with the authority provided in
subsection (a);
(D) the discrete actions that will accomplish
such cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that through-
out the contemplated contract period the Secretary of
the Navy will request funding for the contract at the
level required to avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
contract authorized under subsection (a) are realistic, in-
cluding a description of the basis for such estimates.
(6) The use of such a contract will promote the na-
tional security of the United States.
(7) During the fiscal year in which such contract is
to be awarded, sufficient funds will be available to per-
form the contract in such fiscal year.
(d) MILESTONE DECISION AUTHORITY DEFINED.—In
this section, the term ‘‘milestone decision authority’’ has the
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meaning given that term in section 4251(d) of title 10,
United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY LIFT
HELICOPTER PROGRAM.
(a) CONTRACT AUTHORITY.—During fiscal years 2023
and 2024, the Secretary of the Navy may enter into one or
more fixed-price contracts for the procurement of airframes
and engines in support of the CH–53K heavy lift helicopter
program (in this section referred to as the ‘‘program’’).
(b) LIABILITY.—Any contract entered into under sub-
section (a) shall provide that—
(1) any obligation of the United States to make a
payment under the contract is subject to the availability
of appropriations for that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total
amount of funding obligated to the contract at the time
of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be
entered into under subsection (a) unless the Secretary of De-
fense certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the contract,
each of the following, which shall be prepared by the mile-
stone decision authority (as defined in section 4251(d) of title
10, United States Code) for the program:
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(1) The use of such a contract will result in signifi-
cant savings compared to the total anticipated costs of
carrying out the program through annual contracts. In
certifying cost savings under the preceding sentence, the
Secretary shall include a written explanation of—
(A) the estimated obligations and expenditures
by fiscal year for the program without the authority
provided in subsection (a);
(B) the estimated obligations and expenditures
by fiscal year for the program with the authority
provided in subsection (a);
(C) the estimated cost savings or increase by
fiscal year for the program with the authority pro-
vided in subsection (a);
(D) the discrete actions that will accomplish
such cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(2) There is a reasonable expectation that through-
out the contemplated contract period the Secretary of
Defense will request funding for the contract at the level
required to avoid contract cancellation.
(3) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
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(4) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
contract authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the na-
tional security of the United States.
(6) During the fiscal year in which such contract is
to be awarded, sufficient funds will be available to per-
form the contract in such fiscal year, and the future-
years defense program submitted to Congress under sec-
tion 221 of title 10, United States Code, for such fiscal
year will include the funding required to execute the pro-
gram without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-
CLASS FLEET REPLENISHMENT OILER SHIPS.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—During fiscal
years 2023 and 2024, the Secretary of the Navy may
enter into one or more contracts for the procurement of
not more than eight John Lewis-class fleet replenish-
ment oiler ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXIST-
ING CONTRACTS.—The ships authorized to be procured
under paragraph (1) may be procured as additions to ex-
isting contracts covering the John Lewis-class fleet re-
plenishment oiler ship program.
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(b) CERTIFICATION REQUIRED.—A contract may not be
entered into under subsection (a) unless the Secretary of the
Navy certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the contract,
each of the following, which shall be prepared by the mile-
stone decision authority for the John Lewis-class fleet replen-
ishment oiler ship program:
(1) The use of such a contract is consistent with
the Department of the Navy’s projected force structure
requirements for such ships.
(2) The use of such a contract will result in signifi-
cant savings compared to the total anticipated costs of
carrying out the program through annual contracts. In
certifying cost savings under the preceding sentence, the
Secretary shall include a written explanation of—
(A) the estimated end cost and appropriated
funds by fiscal year, by hull, without the authority
provided in subsection (a);
(B) the estimated end cost and appropriated
funds by fiscal year, by hull, with the authority pro-
vided in subsection (a);
(C) the estimated cost savings or increase by
fiscal year, by hull, with the authority provided in
subsection (a);
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(D) the discrete actions that will accomplish
such cost savings or avoidance; and
(E) the contractual actions that will ensure the
estimated cost savings are realized.
(3) There is a reasonable expectation that through-
out the contemplated contract period the Secretary of
the Navy will request funding for the contract at the
level required to avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
contract authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the na-
tional security of the United States.
(7) During the fiscal year in which such contract is
to be awarded, sufficient funds will be available to per-
form the contract in such fiscal year, and the future-
years defense program (as defined under section 221 of
title 10, United States Code) for such fiscal year will in-
clude the funding required to execute the program with-
out cancellation.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
Secretary of the Navy may enter into one or more contracts
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for advance procurement associated with a ship or ships for
which authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated
with such ships in economic order quantities when cost sav-
ings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—
A contract entered into under subsection (a) shall provide
that any obligation of the United States to make a payment
under the contract for a fiscal year is subject to the avail-
ability of appropriations for that purpose for such fiscal year.
(e) MILESTONE DECISION AUTHORITY DEFINED.—In
this section, the term ‘‘milestone decision authority’’ has the
meaning given that term in section 4251(d) of title 10,
United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIB-
IOUS SHIPBUILDING PROGRAMS.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—The Secretary
of the Navy may enter into one or more contracts for
the procurement of up to five covered ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXIST-
ING CONTRACTS.—The ships authorized to be procured
under paragraph (1) may be procured as additions to ex-
isting contracts covering programs for covered ships.
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(b) CERTIFICATION REQUIRED.—A contract may not be
entered into under subsection (a) unless the Secretary of the
Navy certifies to the congressional defense committees, in
writing, not later than 30 days before entry into the contract,
each of the following, which shall be prepared by the mile-
stone decision authority for the covered ship program con-
cerned:
(1) The use of such a contract is consistent with
the Commandant of the Marine Corps’ projected force
structure requirements for amphibious ships.
(2) The use of such a contract will result in savings
compared to the total anticipated costs of carrying out
the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated
funds by fiscal year, by hull, without the authority
provided in subsection (a);
(B) the estimated end cost and appropriated
funds by fiscal year, by hull, with the authority pro-
vided in subsection (a);
(C) the estimated cost savings or increase by
fiscal year, by hull, with the authority provided in
subsection (a); and
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(D) the contractual actions that will ensure the
estimated cost savings are realized.
(3) The Secretary of the Navy has a reasonable ex-
pectation that throughout the contemplated contract pe-
riod funding will be available for the contract at the level
required to avoid contract cancellation.
(4) There is a stable design for the property to be
acquired and the technical risks associated with such
property are not excessive.
(5) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of a
contract authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the na-
tional security of the United States.
(7) During the fiscal year in which such contract is
to be awarded, sufficient funds will be available to per-
form the contract in such fiscal year.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The
Secretary of the Navy may enter into one or more contracts
for advance procurement associated with a ship or ships for
which authorization to enter into a contract is provided under
subsection (a), and for systems and subsystems associated
with such ships in economic order quantities when cost sav-
ings are achievable.
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(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—
A contract entered into under subsection (a) shall provide
that any obligation of the United States to make a payment
under the contract for a fiscal year is subject to the avail-
ability of appropriations for that purpose for such fiscal year.
(e) TERMINATION.—The authority of the Secretary of
the Navy to enter into contracts under subsection (a) shall
terminate on September 30, 2026.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered ship’’ means a San Antonio-
class or America-class ship.
(2) The term ‘‘milestone decision authority’’ has the
meaning given that term in section 4251(d) of title 10,
United States Code.
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF
THE DDG(X) DESTROYER PROGRAM.
(a) IN GENERAL.—If the milestone decision authority of
the covered program elects to use source selection procedures
for the detailed design and construction of the covered pro-
gram other than those specified in section 3201 of title 10,
United States Code, the Secretary of the Navy—
(1) with respect to prime contracts for concept de-
sign, preliminary design, and contract design for the cov-
ered program—
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(A) shall award such contracts to eligible ship-
builders; and
(B) may award such contracts to other con-
tractors;
(2) shall award prime contracts for detailed design
and construction for the covered program only to eligible
shipbuilders; and
(3) shall allocate only one vessel in the covered pro-
gram to each eligible shipbuilder that is awarded a prime
contract under paragraph (2).
(b) COLLABORATION REQUIREMENT.—The Secretary of
the Navy shall maximize collaboration among the Federal
Government and eligible shipbuilders throughout the design
and development phases of the covered program, including—
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) COMPETITIVE INCENTIVE REQUIREMENT.—The Sec-
retary of the Navy shall provide for competitive incentives for
eligible shipbuilders and other contractors throughout the de-
sign, development, and production phases of the covered pro-
gram, including the following:
(1) Allocation of design labor hours, provided that
no eligible shipbuilder has fewer than 30 percent of ag-
gregate design labor hours for any phase of vessel design
for the covered program.
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(2) Allocation of the lead ship in the covered pro-
gram.
(3) To the maximum extent practicable, competitive
solicitations for vessel procurement under the covered
program.
(d) TECHNOLOGY MATURATION REQUIREMENTS.—The
Secretary of the Navy shall incorporate into the acquisition
strategy of the covered program the requirements of the fol-
lowing:
(1) Section 131 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1237).
(2) Section 221 of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1599).
(e) TRANSITION REQUIREMENT.—The Secretary of the
Navy shall ensure that the transition from the Arleigh Burke-
class destroyer program to the covered program maintains
predictable production workload for eligible shipbuilders.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered program’’ means the pro-
gram of the Department of the Navy to procure
DDG(X) destroyer class vessels.
(2) The term ‘‘eligible shipbuilder’’ means a prime
contractor designated by the milestone decision authority
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to perform detailed design and construction of the cov-
ered program.
(3) The term ‘‘milestone decision authority’’ has the
meaning given in section 4211 of title 10, United States
Code.
SEC. 131. TOMAHAWK AND STANDARD MISSILE–6 CAPABILITY
ON FFG–62 CLASS VESSELS.
Before the first deployment of the vessel designated
FFG–63 and that of each successive vessel in the FFG–62
class, the Secretary of the Navy shall ensure that such vessel
is capable of carrying and employing Tomahawk and Stand-
ard Missile–6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–82
AND CVN–83.
(a) REPORT.—Not later than March 1, 2023, the Sec-
retary of the Navy shall submit to the congressional defense
committees a report on the plan of the Navy for advance pro-
curement for the aircraft carriers designated CVN–82 and
CVN–83.
(b) ELEMENTS.—The report required by subsection (a)
shall include an assessment of—
(1) the value, cost, and feasibility of a two-year ad-
vance procurement period under a single-carrier acquisi-
tion strategy;
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(2) the value, cost, and feasibility of a three-year
advance procurement period under a single-carrier acqui-
sition strategy;
(3) the value, cost, and feasibility of a two-year ad-
vance procurement period under a two-carrier acquisition
strategy;
(4) the value, cost, and feasibility of a three-year
advance procurement period under a two-carrier acquisi-
tion strategy; and
(5) the effect of a two-carrier acquisition strategy
on force development and fleet capability.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘single-carrier acquisition strategy’’
means a strategy for the procurement of the aircraft car-
riers designated CVN–82 and CVN–83 pursuant to
which each aircraft carrier is procured separately under
a different contract.
(2) The term ‘‘two-carrier acquisition strategy’’
means a strategy for the procurement of the aircraft car-
riers designated CVN–82 and CVN–83 pursuant to
which both aircraft carriers are procured together under
one contract.
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SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING STAL-
LION HELICOPTER PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, and on a quarterly basis there-
after through the end of fiscal year 2024, the Secretary of
the Navy shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the progress of the CH–53K King Stallion helicopter pro-
gram.
(b) ELEMENTS.—Each briefing under subsection (a)
shall include, with respect to the CH–53K King Stallion heli-
copter program, the following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as
of the date of the briefing, including the cost of develop-
ment, testing, and production.
(3) A comparison of the total cost of the program
relative to the original acquisition program baseline and
the most recently approved acquisition program baseline
as of the date of the briefing.
(4) An assessment of the flight testing that remains
to be conducted under the program, including any test-
ing required for validation of correction of technical defi-
ciencies.
(5) An update on the status of the correction of
technical deficiencies under the program and any effects
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on the program schedule resulting from the discovery
and correction of such deficiencies.
(c) CONFORMING REPEAL.—Section 132 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1238) is repealed.
Subtitle D—Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR
AIRCRAFT OF THE COMBAT AIR FORCES.
(a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIRE-
MENTS.—Section 9062(i)(1) of title 10, United States Code,
is amended by striking ‘‘1,970’’ and inserting ‘‘1,800’’.
(b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
(1) Section 134(d) of the National Defense Author-
ization Act for Fiscal Year 2017 (Public Law 114–328;
130 Stat. 2038) is amended by striking ‘‘171’’ and in-
serting ‘‘153’’.
(2) Section 142(b)(2) of the National Defense Au-
thorization Act for Fiscal Year 2016 (Public Law 114–
92; 129 Stat. 755 ) is amended by striking ‘‘171’’ and
inserting ‘‘153’’.
(c) MODIFICATION OF LIMITATION ON AVAILABILITY OF
FUNDS FOR DESTRUCTION OF A–10 AIRCRAFT IN STORAGE
STATUS.—Section 135(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130
Stat. 2039) is amended by striking ‘‘the report required
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under section 134(e)(2)’’ and inserting ‘‘a report that in-
cludes the information described in section 134(e)(2)(C)’’.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING
TO AIR REFUELING TANKER AIRCRAFT.
(a) MINIMUM INVENTORY REQUIREMENT FOR AIR RE-
FUELING TANKER AIRCRAFT.—Section 9062(j) of title 10,
United States Code, is amended—
(1) by striking ‘‘effective October 1, 2019,’’; and
(2) by striking ‘‘479’’ each place it appears and in-
serting ‘‘466’’.
(b) REPEAL OF LIMITATION ON RETIREMENT OF KC–
135 AIRCRAFT.—Section 137 of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1576) is amended—
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively.
(c) MINIMUM NUMBER OF AIR REFUELING TANKER
AIRCRAFT IN PMAI OF THE AIR FORCE.—Section 135(a) of
the William M. (Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021 (Public Law 116–283; 134
Stat. 3431) is amended by striking ‘‘412’’ and inserting
‘‘400’’.
(d) PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT
IN PMAI OF THE RESERVE COMPONENTS.—
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(1) IN GENERAL.—None of the funds authorized to
be appropriated by this Act or otherwise made available
for fiscal year 2023 for the Air Force may be obligated
or expended to reduce, by more than 12 aircraft, the
number of KC–135 aircraft designated as primary mis-
sion aircraft inventory within the reserve components of
the Air Force.
(2) PRIMARY MISSION AIRCRAFT INVENTORY DE-
FINED.—In this subsection, the term ‘‘primary mission
aircraft inventory’’ has the meaning given that term in
section 9062(i)(2)(B) of title 10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F–22 AIRCRAFT.
(a) LIMITATIONS AND MINIMUM INVENTORY REQUIRE-
MENTS.—Section 9062 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(k)(1) During the period beginning on the date of the
enactment of the National Defense Authorization Act for Fis-
cal Year 2023 and ending on September 30, 2027, the Sec-
retary of the Air Force may not—
‘‘(A) retire an F–22 aircraft;
‘‘(B) reduce funding for unit personnel or weapon
system sustainment activities for F–22 aircraft in a
manner that presumes future congressional authority to
divest such aircraft;
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‘‘(C) keep an F–22 aircraft in a status considered
excess to the requirements of the possessing command
and awaiting disposition instructions (commonly referred
to as ‘XJ’ status); or
‘‘(D) decrease the total aircraft inventory of F–22
aircraft below 184 aircraft.
‘‘(2) The prohibition under paragraph (1) shall not
apply to individual F–22 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no longer
mission capable and uneconomical to repair because of air-
craft accidents, mishaps, or excessive material degradation
and non-airworthiness status of certain aircraft.’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the congressional defense
committees a report that includes a strategy and execu-
tion plan, approved by the Secretary, for conducting for-
mal training for F–22 aircrews to ensure that combat
capability, capacity, and availability at all F–22 oper-
ational units is not degraded.
(2) ELEMENTS.—The strategy and execution plan
under paragraph (1) shall—
(A) address how the Air Force will avoid—
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(i) diminishing the combat effectiveness of
all block variants of F–22 aircraft;
(ii) exacerbating F–22 aircraft availability
concerns; and
(iii) complicating F–22 aircraft squadron
maintenance operations; and
(B) include the plan of the Secretary for—
(i) the basing of 184 F–22 aircraft; and
(ii) the reestablishment of one or more F–
22 formal training units, including—
(I) the planned location of such units;
(II) the planned schedule for the re-
establishment of such units; and
(III) and the number of F–22 air-
craft that are expected to be assigned to
such units.
(c) COMPTROLLER GENERAL AUDIT.—
(1) AUDIT REQUIRED.—The Comptroller General of
the United States shall conduct an audit to assess and
validate data and information relating to—
(A) the events and activities that would be nec-
essary to upgrade Block 20 F–22 aircraft to a ca-
pability configuration comparable to or exceeding
the existing or planned configuration of Block 30/
35 F–22 aircraft;
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(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) AVAILABILITY OF INFORMATION.—At the re-
quest of the Comptroller General, the Secretary of the
Air Force shall promptly provide to the Comptroller
General any data or other information that may be need-
ed to conduct the audit under paragraph (1), including
any data or information it may be necessary to obtain
from the original equipment manufacturer of the F–22
aircraft.
(3) BRIEFING.—Not later than April 15, 2023, the
Comptroller General shall provide to the congressional
defense committees a briefing on the progress and any
preliminary results of the audit conducted under para-
graph (1).
(4) REPORT.—Following the briefing under para-
graph (3), at such time as is mutually agreed upon by
the congressional defense committees and the Comp-
troller General, the Comptroller General shall submit to
the congressional defense committees a report on the
final results of the audit conducted under paragraph (1).
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SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON
CERTAIN REDUCTIONS TO B–1 BOMBER AIRCRAFT
SQUADRONS.
Section 133(b) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
1574) is amended by striking ‘‘an individual unit’’ and insert-
ing ‘‘a bomb wing’’.
SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESENTATION
REQUIREMENT.
Section 147 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 132 Stat. 1669) is amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C–130 AIRCRAFT.
(a) MINIMUM INVENTORY REQUIREMENT.—
(1) IN GENERAL.—During the covered period, the
Secretary of the Air Force shall maintain a total inven-
tory of C–130 aircraft of not less than 271 aircraft.
(2) EXCEPTION.—The Secretary of the Air Force
may reduce the number of C–130 aircraft in the Air
Force below the minimum number specified in para-
graph (1) if the Secretary determines, on a case-by-case
basis, that an aircraft is no longer mission capable be-
cause of a mishap or other damage.
(3) COVERED PERIOD DEFINED.—In this sub-
section, the term ‘‘covered period’’ means the period—
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(A) beginning at the close of the period de-
scribed in section 138(c) of the National Defense
Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1577); and
(B) ending on September 30, 2023.
(b) PROHIBITION ON REDUCTION OF C–130 AIRCRAFT
ASSIGNED TO NATIONAL GUARD.—
(1) IN GENERAL.—During fiscal year 2023, the
Secretary of the Air Force may not reduce the total
number of C–130 aircraft assigned to the National
Guard below the number so assigned as of the date of
the enactment of this Act.
(2) EXCEPTION.—The prohibition under paragraph
(1) shall not apply to an individual C–130 aircraft that
the Secretary of the Air Force determines, on a case-by-
case basis, to be no longer mission capable because of a
mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RE-
TIREMENT OF C–40 AIRCRAFT.
(a) PROHIBITION.—None of the funds authorized to be
appropriated by this Act or otherwise made available for fis-
cal year 2023 for the Air Force may be obligated or expended
to retire, prepare to retire, or place in storage or on backup
aircraft inventory status any C–40 aircraft.
(b) EXCEPTION.—
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(1) IN GENERAL.—The limitation under subsection
(a) shall not apply to an individual C–40 aircraft that
the Secretary of the Air Force determines, on a case-by-
case basis, to be no longer mission capable because of a
Class A mishap.
(2) CERTIFICATION REQUIRED.—If the Secretary
determines under paragraph (1) that an aircraft is no
longer mission capable, the Secretary shall submit to the
congressional defense committees a certification that the
status of such aircraft is due to a Class A mishap and
not due to lack of maintenance or repairs or other rea-
sons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TER-
MINATION OF PRODUCTION LINES FOR HH–60W
AIRCRAFT.
None of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the
Air Force may be obligated or expended to terminate the op-
erations of, or to prepare to terminate the operations of, a
production line for HH–60W Combat Rescue Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVEN-
TORY OF E–3 AIRBORNE WARNING AND CONTROL
SYSTEM AIRCRAFT.
(a) PROHIBITION.—Except as provided in subsections
(b) and (c), none of the funds authorized to be appropriated
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by this Act or otherwise made available for fiscal year 2023
for the Air Force may be obligated or expended to retire, pre-
pare to retire, or place in storage or in backup aircraft inven-
tory any E–3 aircraft if such actions would reduce the total
aircraft inventory for such aircraft below 26.
(b) EXCEPTION FOR ACQUISITION STRATEGY.—If the
Secretary of the Air Force submits to the congressional de-
fense committees an acquisition strategy for the E–7
Wedgetail aircraft approved by the Service Acquisition Execu-
tive of the Air Force, the prohibition under subsection (a)
shall not apply to actions taken to reduce the total aircraft
inventory for E–3 aircraft to 21 after the date on which the
strategy is so submitted.
(c) EXCEPTION FOR CONTRACT AWARD.—If the Sec-
retary of the Air Force awards a contract for the E–7
Wedgetail aircraft, the prohibition under subsection (a) shall
not apply to actions taken to reduce the total aircraft inven-
tory for E–3 aircraft to 18 after the date on which such con-
tact is so awarded.
(d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT IN-
VENTORY.—The Secretary of the Air Force shall designate
two E–3 aircraft as Primary Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.
(a) LIMITATION.—Beginning on October 1, 2023, the
Secretary of the Air Force may not divest, or prepare to di-
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vest, any covered F–15 aircraft until a period of 180 days
has elapsed following the date on which the Secretary sub-
mits the report required under subsection (b).
(b) REPORT REQUIRED.—The Secretary of the Air
Force shall submit to the congressional defense committees a
report on the following:
(1) Any plans of the Secretary to divest covered F–
15 aircraft during the period covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in-
cluding—
(A) a description of each proposed divestment
by fiscal year and location;
(B) an explanation of the anticipated effects of
such divestments on the missions, personnel, force
structure, and budgeting of the Air Force;
(C) a description of the actions the Secretary
intends to carry out—
(i) to mitigate any negative effects identi-
fied under subparagraph (B); and
(ii) to modify or replace the missions and
capabilities of any units and military installa-
tions affected by such divestments; and
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(D) an assessment of how such divestments
may affect the ability of the Air Force to maintain
minimum tactical aircraft inventories.
(2) Any plans of the Secretary to procure covered
F–15 aircraft.
(3) Any specific plans of the Secretary to deviate
from procurement of new F–15EX aircraft as articu-
lated by the validated requirements contained in Air
Force Requirements Decision Memorandum, dated Feb-
ruary 1, 2019, regarding F–15EX Rapid Fielding Re-
quirements Document, dated January 16, 2019.
(c) COVERED F–15 AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘covered F–15 aircraft’’ means the following:
(1) F–15C aircraft.
(2) F–15D aircraft.
(3) F–15E aircraft.
(4) F–15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION
SEATS FOR CERTAIN T–38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure
upgraded ejection seats for—
(1) all T–38A aircraft of the Air Force Global
Strike Command that have not received an upgraded
ejection seat under the T–38 Ejection Seat Upgrade
Program; and
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(2) all T–38A aircraft of the Air Combat Command
that have not received an upgraded ejection seat as part
of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION
OPERATIONS PLATFORM FOR THE SPACE FORCE.
(a) PROCUREMENT AUTHORITY.—The Secretary of the
Air Force is authorized to enter into one or more contracts
for the procurement of a digital mission operations platform
for the Space Force.
(b) REQUIRED CAPABILITIES.—A digital mission oper-
ations platform procured under subsection (a) shall include
the following capabilities:
(1) The platform shall be capable of providing sys-
tems operators with the ability to analyze system per-
formance in a simulated mission environment.
(2) The platform shall enable collaboration among
such operators in an integrated, physics-based environ-
ment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE
ACQUISITION.
(a) PROCUREMENT AUTHORITY.—The Secretary of the
Air Force may enter into one or more contracts for the pro-
curement of commercial digital engineering and software tools
to meet the digital transformation goals and objectives of the
Department of the Air Force.
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(b) INCLUSION OF PROGRAM ELEMENT IN BUDGET MA-
TERIALS.—In the materials submitted by the Secretary of the
Air Force in support of the budget of the President for fiscal
year 2024 (as submitted to Congress pursuant to section
1105 of title 31, United States Code), the Secretary shall in-
clude a program element dedicated to the procurement and
management of the commercial digital engineering and soft-
ware tools described in subsection (a).
(c) REVIEW.—In carrying out subsection (a), the Sec-
retary of the Air Force shall—
(1) review the market for commercial digital engi-
neering and software tools; and
(2) conduct research on providers of commercial
software capabilities that have the potential to expedite
the progress of digital engineering initiatives across the
weapon system enterprise, with a particular focus on ca-
pabilities that have the potential to generate significant
life-cycle cost savings, streamline and accelerate weapon
system acquisition, and provide data-driven approaches
to inform investments by the Department of the Air
Force.
(d) REPORT.—Not later than March 1, 2023, the Sec-
retary of the Air Force shall submit to the congressional de-
fense committees a report that includes—
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(1) an analysis of specific digital engineering and
software tool capability manufacturers that deliver high
mission impact with broad reach into the weapon system
enterprise of the Department of the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize
commercial digital engineering and software tools and
opportunities for the implementation of such digital en-
gineering and software tool capabilities within the De-
partment.
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE
COMBAT SEARCH AND RESCUE MISSION OF THE
AIR FORCE.
(a) REQUIREMENTS STUDY.—
(1) IN GENERAL.—The Secretary of the Air Force
shall conduct a study to determine the requirements for
the combat search and rescue mission of the Air Force
in support of the objectives of the National Defense
Strategy.
(2) ELEMENTS.—The study under paragraph (1)
shall include the following:
(A) Identification of anticipated combat search
and rescue mission requirements necessary to meet
the objectives of the most recent National Defense
Strategy, including—
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(i) requirements for short-term, mid-term,
and long-term contingency and steady-state op-
erations against adversaries;
(ii) requirements under the Agile Combat
Employment operational scheme of the Air
Force;
(iii) requirements relating to regions and
specific geographic areas that are expected to
have a need for combat search and rescue
forces based on the combat-relevant range and
penetration capability of United States air as-
sets and associated weapon systems; and
(iv) the level of operational risk associated
with each likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed
wing aircraft and key combat search and rescue en-
abling capabilities that—
(i) are needed to meet the requirements
identified under subparagraph (A); and
(ii) have been accounted for in the budget
of the Air Force as of the date of the study.
(C) Identification of any combat search and
rescue capability gaps, including an assessment of—
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(i) whether and to what extent such gaps
may affect the ability of the Air Force to con-
duct combat search and rescue operations;
(ii) any capability gaps that may be cre-
ated by procuring fewer HH–60W aircraft
than planned under the program of record, in-
cluding any expected changes to the plan for
fielding such aircraft for active, reserve, and
National Guard units; and
(iii) any capability gaps attributable to
unfunded requirements.
(D) Identification and assessment of key cur-
rent, emerging, and future technologies with poten-
tial application to the combat search and rescue
mission, including electric vertical takeoff and land-
ing, unmanned aerial systems, armed air launched
effects or similar armed capabilities, electric short
take-off and landing, or a combination of such tech-
nologies.
(E) An assessment of each technology identi-
fied under subparagraph (D), including (as applica-
ble) an assessment of—
(i) technology maturity;
(ii) suitability to the combat search and
rescue mission;
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(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signa-
tures;
(vii) operational conditions required for
the use of such technology, such as runway
availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions
other than combat search and rescue; and
(xi) estimated cost.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than April 30,
2023, the Secretary of the Air Force shall submit
to the Committees on Armed Services of the Senate
and the House of Representatives a report on the
results of the study under paragraph (1).
(B) FORM.—The report required under sub-
paragraph (A) shall be submitted in unclassified
form, but may include a classified annex.
(b) STRATEGY REQUIRED.—
(1) IN GENERAL.—Based on the results of the
study conducted under subsection (a), the Secretary of
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the Air Force shall develop a strategy to meet the re-
quirements identified under such study.
(2) ELEMENTS.—The strategy under paragraph (1)
shall include—
(A) A prioritized list of the capabilities needed
to meet the requirements identified under sub-
section (a).
(B) The estimated costs of such capabilities,
including—
(i) any amounts already budgeted for such
capabilities as of the date of the strategy, in-
cluding amounts already budgeted for emerg-
ing and future technologies; and
(ii) any amounts not already budgeted for
such capabilities as of such date.
(C) An estimate of the date by which the capa-
bility is expected to become operational.
(D) A description of any requirements identi-
fied under subsection (a) that the Secretary of the
Air Force does not expect to meet as part of the
strategy and an explanation of the reasons such re-
quirements cannot be met.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than July 30,
2023, the Secretary of the Air Force shall submit
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to the Committees on Armed Services of the Senate
and the House of Representatives a report on the
strategy developed under paragraph (1).
(B) FORM.—The report required under sub-
paragraph (A) shall be submitted in unclassified
form, but may include a classified annex.
SEC. 155. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO THE
AIR NATIONAL GUARD.
(a) PLAN REQUIRED.—The Secretary of the Air Force
shall develop a plan to transfer covered KC–135 aircraft to
air refueling wings of the Air National Guard that are classic
associations with active duty units of the Air Force.
(b) BRIEFING.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on the
plan developed under subsection (a). The briefing shall in-
clude an explanation of—
(1) the effects the plan is expected to have on—
(A) the aerial refueling capability of the De-
partment of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) DEFINITIONS.—In this section:
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(1) The term ‘‘covered KC–135 aircraft’’ means a
KC–135 aircraft that the Secretary of the Air Force is
in the process of replacing with a KC–46A aircraft.
(2) The term ‘‘classic association’’ means a struc-
ture under which a regular Air Force unit retains prin-
cipal responsibility for an aircraft and shares the aircraft
with one or more reserve component units.
SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT TRAIN-
ING SYSTEM.
(a) ANNUAL REPORT.—Not later than March 1, 2023,
and annually thereafter through 2028, the Assistant Sec-
retary of the Air Force for Acquisition, Technology, and Lo-
gistics shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
acquisition efforts of the Air Force with respect to the T–7A
Advanced Pilot Training System (including any associated
aircraft and ground training systems).
(b) ELEMENTS.—Each report under subsection (a) shall
include the following:
(1) An overview of the Assistant Secretary’s acqui-
sition strategy for the T–7 Advanced Pilot Training Sys-
tem, including the current status of the acquisition strat-
egy as of the date of the report.
(2) The cost and schedule estimates for the T–7
Advanced Pilot Training System program.
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(3) In the case of the initial report under this sec-
tion, the key performance parameters or the equivalent
requirements for the program. In the case of subsequent
reports, any key performance parameters or the equiva-
lent requirements for the program that have changed
since the submission of the previous report under this
section.
(4) The test and evaluation master plan for the pro-
gram.
(5) With respect to the testing program events com-
pleted in the year covered by the report—
(A) the completion date of each event;
(B) a summary of the event, including identi-
fication of—
(i) the quantity of data points evaluated
and subsequently considered complete and vali-
dated; and
(ii) the quantity of data points evaluated
that remain incomplete or unvalidated and re-
quiring further testing.
(6) The logistics and sustainment strategy for the
program and a description of any activities carried out
to implement such strategy as of the date of the report.
(7) An explanation of—
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(A) the causes of any engineering, manufac-
turing, development, testing, production, delivery,
acceptance, and fielding delays incurred by the pro-
gram as of the date of the report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such
delays.
(8) The post-production aircraft basing and fielding
strategy for the program.
(9) Any other matters regarding the acquisition of
the T–7 Advanced Pilot Training System that the As-
sistant Secretary determines to be of critical importance
to the long-term viability of the program.
Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED
COMMERCIAL DUAL-USE PARTS IN CERTAIN AIR-
CRAFT AND ENGINES.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Air
Force, with respect to the Air Force, and the Secretary of the
Navy, with respect to the Navy, shall develop and implement
processes and procedures for—
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(1) the acquisition of used, overhauled, recondi-
tioned, and remanufactured commercial dual-use parts;
and
(2) the use of such commercial dual-use parts in
all—
(A) commercial derivative aircraft and engines;
and
(B) aircraft used by the Air Force or Navy
that are based on the design of commercial prod-
ucts.
(b) PROCUREMENT OF PARTS.—The processes and pro-
cedures implemented under subsection (a) shall provide that
commercial dual-use parts shall be acquired—
(1) pursuant to competitive procedures (as defined
in section 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that pos-
sess an Authorized Release Certificate Federal Aviation
Administration Form 8130-3 Airworthy Approval Tag
from a certified repair station pursuant to part 145 of
title 14, Code of Federal Regulations.
(c) DEFINITIONS.—In this section:
(1) COMMERCIAL DERIVATIVE.—The term ‘‘com-
mercial derivative’’ means an item procured by the De-
partment of Defense that is or was produced using the
same or similar production facilities, a common supply
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chain, and the same or similar production processes that
are used for the production of the item as predominantly
used by the general public or by nongovernmental enti-
ties for purposes other than governmental purposes.
(2) COMMERCIAL DUAL-USE PART.—The term
‘‘commercial dual-use part’’ means a product that is—
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) COMMERCIAL PRODUCT.—The term ‘‘commer-
cial product’’ has the meaning given such term in section
103 of title 41, United States Code.
(4) DUAL-USE.—The term ‘‘dual-use’’ has the
meaning given such term in section 4801 of title 10,
United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPA-
BILITIES TO COUNTER THREATS POSED BY UN-
MANNED AERIAL SYSTEM SWARMS.
(a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Sec-
retary of Defense shall conduct—
(1) an assessment of the threats posed by un-
manned aerial system swarms and unmanned aerial sys-
tems with swarm capabilities to installations and de-
ployed Armed Forces;
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(2) an analysis of the use or potential use of un-
manned aerial system swarms by adversaries, including
the People’s Republic of China, the Russian Federation,
the Islamic Republic of Iran, the Democratic People’s
Republic of North Korea, and non-state actors;
(3) an analysis of the national security implications
of swarming technologies such as autonomous intel-
ligence and machine learning;
(4) a review of the capabilities used by the Depart-
ment of Defense to counter threats posed by unmanned
aerial systems and an assessment of the effectiveness of
such capabilities at countering the threat of unmanned
aerial system swarms; and
(5) an overview of the efforts of the Department of
Defense to develop and field test technologies that offer
scalable, modular, and rapidly deployable capabilities
with the ability to counter unmanned aerial system
swarms.
(b) STRATEGY DEVELOPMENT AND IMPLEMENTATION
REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall
develop and implement a strategy to field capabilities to
counter threats posed by unmanned aerial system
swarms.
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(2) ELEMENTS.—The strategy required by para-
graph (1) shall include the following:
(A) The development of a comprehensive defi-
nition of ‘‘unmanned aerial system swarm’’.
(B) A plan to establish and incorporate re-
quirements for the development, testing, and field-
ing of technologies and capabilities to counter un-
manned aerial system swarms.
(C) A plan to acquire and field adequate capa-
bilities to counter unmanned aerial system swarms
in defense of the Armed Forces, infrastructure, and
other assets of the United States across land, air,
and maritime domains.
(D) An estimate of the resources needed by
each Armed Force to implement the strategy.
(E) An analysis, determination, and
prioritization of legislative action required to ensure
the Department of Defense has the ability to
counter the threats posed by unmanned aerial sys-
tem swarms.
(F) Such other matters as the Secretary deter-
mines to be relevant to the strategy.
(3) INCORPORATION INTO EXISTING STRATEGY.—
The Secretary of Defense may incorporate the strategy
required by paragraph (1) into a comprehensive strategy
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of the Department of Defense to counter the threat of
unmanned aerial systems.
(c) INFORMATION TO CONGRESS.—Not later than 270
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense
committees a report on—
(1) the findings of the Secretary under subsection
(a); and
(2) the strategy developed and implemented by the
Secretary under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY
WING AIRCRAFT INDUSTRIAL BASE.
(a) ASSESSMENT REQUIRED.—The Under Secretary of
Defense for Acquisition and Sustainment, in coordination
with the Secretaries of the Army, Navy, and Air Force, shall
conduct an assessment of the military rotary wing aircraft in-
dustrial base.
(b) ELEMENTS.—The assessment under subsection (a)
shall include the following:
(1)(A) Identification of each rotary wing aircraft
program of the Department of Defense that is in the re-
search and development or procurement phase.
(B) A description of any platform-specific or capa-
bility-specific facility or workforce technical skill require-
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ments necessary for each program identified under sub-
paragraph (A).
(2) Identification of—
(A) the rotary wing aircraft capabilities of each
Armed Force anticipated for programming beyond
the period covered by the most recent future-years
defense program submitted to Congress under sec-
tion 221 of title 10, United States Code (as of the
date of the assessment); and
(B) the technologies, facilities, and workforce
skills necessary for the development of such capa-
bilities.
(3) An assessment of the military industrial base
capacity and skills that are available (as of the date of
the assessment) to design and manufacture the plat-
forms and capabilities identified under paragraphs (1)
and (2) and a list of any gaps in such capacity and
skills.
(4)(A) Identification of each component, subcompo-
nent, or equipment supplier in the military rotary wing
aircraft industrial base that is the sole source within
such industrial base from which that component, sub-
component, or equipment may be obtained.
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(B) An assessment of any risk resulting from the
lack of other suppliers for such components, subcompo-
nents, or equipment.
(5) Analysis of the likelihood of future consolida-
tion, contraction, or expansion, within the rotary wing
aircraft industrial base, including—
(A) identification of the most probable sce-
narios with respect to such consolidation, contrac-
tion, or expansion; and
(B) an assessment of how each such scenario
may affect the ability of the Armed Forces to ac-
quire military rotary wing aircraft in the future, in-
cluding any effects on the cost and schedule of such
acquisitions.
(6) Such other matters the Under Secretary of De-
fense for Acquisition and Sustainment determines appro-
priate.
(c) REPORT.—Not later than June 1, 2023, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report that
includes—
(1) the results of the assessment conducted under
subsection (a); and
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(2) based on such results, recommendations for re-
ducing any risks identified with respect to the military
rotary wing aircraft industrial base.
(d) ROTARY WING AIRCRAFT DEFINED.—In this sec-
tion, the term ‘‘rotary wing aircraft’’ includes rotary wing
and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO
MODERNIZE THE PROPULSION, POWER, AND
THERMAL MANAGEMENT SYSTEMS OF F–35 AIR-
CRAFT.
(a) AUDIT REQUIRED.—The Comptroller General of the
United States shall conduct an audit of the efforts of the De-
partment of Defense to modernize the propulsion, power, and
thermal management systems of F–35 aircraft.
(b) ELEMENTS.—The audit conducted under subsection
(a) shall include the following:
(1) An evaluation of the results of the business-case
analysis conducted by the Director of the F–35 Joint
Program Office, in which the Director assessed options
to modernize the propulsion, power, and thermal man-
agement systems of the F–35 aircraft.
(2) An assessment of the costs associated with each
modernization option assessed in the business-case anal-
ysis described in paragraph (1), including any costs as-
sociated with development, production, retrofit, integra-
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tion, and installation of the option (including any air-
craft modifications required to accommodate such op-
tion), and an assessment of the sustainment infrastruc-
ture requirements associated with that option for each
variant of F–35 aircraft.
(3) An assessment of the progress made by the pro-
totype engines developed under the Adaptive Engine
Transition Program and the development and testing
status of the other modernization options assessed in the
business-case analysis described in paragraph (1).
(4) An assessment of the timeline associated with
modernizing the propulsion, power, and thermal manage-
ment systems of F–35 aircraft to meet the capability
performance requirements of the full Block 4 suite up-
grade planned for each variant of such aircraft.
(5) An assessment of the costs associated with mod-
ernizing the propulsion, power, and thermal management
systems of F–35 aircraft to meet the capability perform-
ance requirements of the full Block 4 suite upgrade
planned for each variant of such aircraft.
(6) An assessment of the potential effects of each
modernization option assessed in the business-case anal-
ysis described in paragraph (1) on life-cycle sustainment
costs and the costs of spare parts for F–35 aircraft, in-
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cluding any participatory effects on international part-
ners and foreign military sales customers.
(c) BRIEFING.—Not later than February 28, 2023, the
Comptroller General shall provide to the congressional de-
fense committees a briefing on the preliminary results of the
audit conducted under subsection (a).
(d) REPORT.—Following the briefing under subsection
(c), at such time as is mutually agreed upon by the congres-
sional defense committees and the Comptroller General, the
Comptroller General shall submit to the congressional defense
committees a report on the final results of the audit con-
ducted under subsection (a), including the findings of the
Comptroller General with respect to each element specified in
subsection (b).
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project author-
ity.
Sec. 212. Clarification of role of senior official with principal responsibility for
artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and
Engineering in personnel management authority to attract ex-
perts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic
warfare technology.
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Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure
at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other mi-
nority-serving institutions regarding National Security Innova-
tion Network programs that promote entrepreneurship and in-
novation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding de-
fense research capacity at historically Black colleges and uni-
versities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in
the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test
and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth
generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing
approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communica-
tions technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fel-
lowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innova-
tion ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the
Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and
development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and infor-
mation technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation re-
sources supporting certain major defense acquisition programs.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2023 for the use of the Department of Defense for
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research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DE-
VELOPMENT PROJECT AUTHORITY.
(a) IN GENERAL.—Section 2350a(a)(2) of title 10,
United States Code, is amended by adding at the end the fol-
lowing:
‘‘(F) The European Union, including the European
Defence Agency, the European Commission, and the
Council of the European Union, and their suborganiza-
tions.’’.
(c) CONFORMING REGULATIONS.—Not later than 120
days after the date of the enactment of this Act, the Sec-
retary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to conform
with section 2350a of title 10, United States Code, as amend-
ed by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL IN-
TELLIGENCE AND MACHINE LEARNING.
(a) PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
EXPERTS IN SCIENCE AND ENGINEERING.—Section 4092 of
title 10, United States Code, is amended—
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(1) in subsection (a)(6)—
(A) by striking ‘‘Director of the Joint Artificial
Intelligence Center’’ and inserting ‘‘official des-
ignated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232)’’;
(B) by striking ‘‘for the Center’’ and inserting
‘‘to support the activities of such official under sec-
tion 238 of such Act’’; and
(C) in the paragraph heading, by striking
‘‘Center’’;
(2) in subsection (b)(1)(F)—
(A) by striking ‘‘Joint Artificial Intelligence
Center’’ and inserting ‘‘office of the official des-
ignated under section 238(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232)’’; and
(B) by striking ‘‘in the Center’’ and inserting
‘‘in support of the activities of such official under
section 238 of such Act’’; and
(3) in subsection (c)(2), by striking ‘‘Joint Artificial
Intelligence Center’’ and inserting ‘‘the activities under
section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law
115–232)’’.
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(b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
TIONS AND ESTABLISHMENT OF PERFORMANCE METRICS.—
Section 226(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note)
is amended—
(1) in paragraph (3), by striking ‘‘Director of the
Joint Artificial Intelligence Center’’ and inserting ‘‘offi-
cial designated under subsection (b) of section 238 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’;
(2) in paragraph (4), by striking ‘‘Director of the
Joint Artificial Intelligence Center’’ and inserting ‘‘offi-
cial designated under subsection (b) of section 238 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’; and
(3) in paragraph (5), by striking ‘‘Director of the
Joint Artificial Intelligence Center’’ and inserting ‘‘offi-
cial designated under subsection (b) of section 238 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’.
(c) MODIFICATION OF THE JOINT COMMON FOUNDA-
TION PROGRAM.—Section 227(a) of the National Defense Au-
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thorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 4001 note) is amended by striking ‘‘Joint Artificial
Intelligence Center’’ and inserting ‘‘the office of the official
designated under subsection (b) of section 238 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
4061)’’.
(d) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
CILITATE THE DEVELOPMENT OF ARTIFICIAL INTELLIGENCE
CAPABILITIES FOR THE DEPARTMENT OF DEFENSE.—Sec-
tion 232 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note) is
amended—
(1) in the section heading, by striking ‘‘PILOT
PROGRAM ON DATA REPOSITORIES’’ and inserting
‘‘DATA REPOSITORIES’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—The
Secretary of Defense, acting through the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. note prec. 4061) (and such
other officials as the Secretary determines appropriate),
shall—
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‘‘(1) establish data repositories containing Depart-
ment of Defense data sets relevant to the development
of artificial intelligence software and technology; and
‘‘(2) allow appropriate public and private sector or-
ganizations to access such data repositories for the pur-
pose of developing improved artificial intelligence and
machine learning software capabilities that may, as de-
termined appropriate by the Secretary, be procured by
the Department to satisfy Department requirements and
technology development goals.’’;
(3) in subsection (b), by striking ‘‘If the Secretary
of Defense carries out the pilot program under sub-
section (a), the data repositories established under the
program’’ and inserting ‘‘The data repositories estab-
lished under subsection (a)’’; and
(4) by amending subsection (c) to read as follows:
‘‘(c) BRIEFING.—Not later than July 1, 2023, the Sec-
retary of Defense shall provide to the congressional defense
committees a briefing on—
‘‘(1) the types of information the Secretary deter-
mines are feasible and advisable to include in the data
repositories established under subsection (a); and
‘‘(2) the progress of the Secretary in establishing
such data repositories.’’.
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(e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN
AND WORKING GROUP.—Section 1531(d)(2)(C) of the Na-
tional Defense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81; 135 Stat. 2051) is amended by striking
‘‘The Joint Artificial Intelligence Center (JAIC)’’ and insert-
ing ‘‘The office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (Public Law 115–232;
10 U.S.C. note prec. 4061)’’.
(f) BOARD OF ADVISORS FOR THE OFFICE OF THE SEN-
IOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTI-
FICIAL INTELLIGENCE AND MACHINE LEARNING.—Section
233 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 10 U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘JOINT AR-
TIFICIAL INTELLIGENCE CENTER’’ and inserting
‘‘OFFICE OF THE SENIOR OFFICIAL WITH PRIN-
CIPAL RESPONSIBILITY FOR ARTIFICIAL INTEL-
LIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a), by striking ‘‘Joint Artificial
Intelligence Center’’ and inserting ‘‘office of the official
designated under subsection (b) of section 238 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
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prec. 4061) (referred to in this section as the ‘Offi-
cial’)’’;
(3) in subsection (b), by striking ‘‘Director’’ each
place in appears and inserting ‘‘Official’’;
(4) in subsection (f), by striking ‘‘September 30,
2024’’ and inserting ‘‘September 30, 2026’’; and
(5) in subsection (g)—
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as para-
graph (2).
(g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE
DEFENSE REFORM PILLAR IN THE NATIONAL DEFENSE
STRATEGY.—Section 234(b) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended
by striking ‘‘Director of the Joint Artificial Intelligence Cen-
ter’’ and inserting ‘‘official designated under section 238(b)
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note
prec. 4061)’’.
(h) PILOT PROGRAM ON THE USE OF ELECTRONIC
PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR
TECHNICAL POSITIONS.—Section 247(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
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Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. note prec.
1580) is amended—
(1) in paragraph (1), by striking ‘‘the Joint Artifi-
cial Intelligence Center’’ and inserting ‘‘the office of the
official designated under subsection (b) of section 238 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(i) ACQUISITION AUTHORITY OF THE DIRECTOR OF THE
JOINT ARTIFICIAL INTELLIGENCE CENTER.—Section 808 the
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘THE DI-
RECTOR OF THE JOINT ARTIFICIAL INTELLIGENCE
CENTER’’ and inserting ‘‘THE SENIOR OFFICIAL
WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘the Director of the Joint Arti-
ficial Intelligence Center’’ and inserting ‘‘the official
designated under subsection (b) of section 238 of
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the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. note prec. 4061) (referred to in this
section as the ‘Official’)’’; and
(B) by striking ‘‘the Center’’ and inserting
‘‘the office of such official (referred to in this sec-
tion as the ‘Office’)’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking
‘‘JAIC’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph
(A),
(I) by striking ‘‘staff of the Director’’
and inserting ‘‘staff of the Official’’; and
(II) by striking ‘‘the Director of the
Center’’ and inserting ‘‘such Official’’;
(ii) in subparagraph (A), by striking ‘‘the
Center’’ and inserting ‘‘the Office’’;
(iii) in subparagraph (B), by striking ‘‘the
Center’’ and inserting ‘‘the Office’’;
(iv) in subparagraph (C), by striking ‘‘the
Center’’ each place it appears and inserting
‘‘the Office’’; and
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(v) in subparagraph (D), by striking ‘‘the
Center’’ each place it appears and inserting
‘‘the Office’’; and
(C) in paragraph (2)—
(i) by striking ‘‘the Center’’ and inserting
‘‘the Office’’; and
(ii) by striking ‘‘the Director’’ and insert-
ing ‘‘the Official’’;
(4) in subsection (c)(1)—
(A) by striking ‘‘the Center’’ and inserting
‘‘the Office’’; and
(B) by striking ‘‘the Director’’ and inserting
‘‘the Official’’;
(5) in subsection (d), by striking ‘‘the Director’’
and inserting ‘‘the Official’’;
(6) in subsection (e)—
(A) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘Cen-
ter missions’’ and inserting ‘‘the missions of
the Office’’; and
(ii) in subparagraph (D), by striking ‘‘the
Center’’ and inserting ‘‘the Office’’; and
(B) in paragraph (3), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
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(7) in subsection (f), by striking ‘‘the Director’’ and
inserting ‘‘the Official’’; and
(8) in subsection (g)—
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively.
(j) BIANNUAL REPORT ON OFFICE OF THE SENIOR OF-
FICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING.—Section 260 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92) is amended—
(1) in the section heading, by striking ‘‘JOINT AR-
TIFICIAL INTELLIGENCE CENTER’’ and inserting
‘‘OFFICE OF THE SENIOR OFFICIAL WITH PRIN-
CIPAL RESPONSIBILITY FOR ARTIFICIAL INTEL-
LIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘2023’’ and inserting ‘‘2026’’;
and
(B) by striking ‘‘the Joint Artificial Intel-
ligence Center (referred to in this section as the
‘Center’)’’ and inserting ‘‘the office of the official
designated under subsection (b) of section 238 of
the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–
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232; 10 U.S.C. note prec. 4061) (referred to in this
section as the ‘Office’)’’;
(3) in subsection (b)—
(A) by striking ‘‘Center’’ each place it appears
and inserting ‘‘Office’’;
(B) in paragraph (2), by striking ‘‘the Na-
tional Mission Initiatives, Component Mission Ini-
tiatives, and any other initiatives’’ and inserting
‘‘any initiatives’’; and
(C) in paragraph (7), by striking ‘‘the Center’s
investments in the National Mission Initiatives and
Component Mission Initiatives’’ and inserting ‘‘the
Office’s investments in its initiatives and other ac-
tivities’’; and
(4) by striking subsection (c).
(k) CHIEF DATA OFFICER RESPONSIBILITY FOR DE-
PARTMENT OF DEFENSE DATA SETS.—Section 903(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 10 U.S.C. 2223 note) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph
(3).
(l) JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DE-
VELOPMENT, AND TRANSITION ACTIVITIES.—Section 238 of
the John S. McCain National Defense Authorization Act for
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Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
4061) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) ORGANIZATION AND ROLES.—
‘‘(1) IN GENERAL.—In addition to designating an
official under subsection (b), the Secretary of Defense
shall assign to appropriate officials within the Depart-
ment of Defense roles and responsibilities relating to the
research, development, prototyping, testing, procurement
of, requirements for, and operational use of artificial in-
telligence technologies.
‘‘(2) APPROPRIATE OFFICIALS.—The officials as-
signed roles and responsibilities under paragraph (1)
shall include—
‘‘(A) the Under Secretary of Defense for Re-
search and Engineering;
‘‘(B) the Under Secretary of Defense for Ac-
quisition and Sustainment;
‘‘(C) one or more officials in each military de-
partment;
‘‘(D) officials of appropriate Defense Agencies;
and
‘‘(E) such other officials as the Secretary of
Defense determines appropriate.’’;
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(2) in subsection (e), by striking ‘‘Director of the
Joint Artificial Intelligence Center’’ and inserting ‘‘offi-
cial designated under subsection (b)’’; and
(3) by striking subsection (h).
(m) REFERENCES.—Any reference in any law, regula-
tion, guidance, instruction, or other document of the Federal
Government to the Director of the Joint Artificial Intelligence
Center of the Department of Defense or to the Joint Artifi-
cial Intelligence Center shall be deemed to refer to the official
designated under section 238(b) of the John S. McCain Na-
tional Defense Authorization Act for Fiscal Year 2019 (Pub-
lic Law 115–232; 10 U.S.C. note prec. 4061) or the office
of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DE-
FENSE FOR RESEARCH AND ENGINEERING IN
PERSONNEL MANAGEMENT AUTHORITY TO AT-
TRACT EXPERTS IN SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amend-
ed—
(1) in subsection (a), by adding at the end the fol-
lowing new paragraph:
‘‘(10) OFFICE OF THE UNDER SECRETARY OF DE-
FENSE FOR RESEARCH AND ENGINEERING.—The Under
Secretary of Defense for Research and Engineering may
carry out a program of personnel management authority
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provided in subsection (b) in order to facilitate recruit-
ment of eminent experts in science or engineering for the
Office of the Under Secretary.’’; and
(2) in subsection (b)(1)—
(A) in subparagraph (H), by striking ‘‘; and’’
and inserting a semicolon;
(B) in subparagraph (I), by striking the semi-
colon and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(J) in the case of the Office of the Under
Secretary of Defense for Research and Engineering,
appoint scientists and engineers to a total of not
more than 10 scientific and engineering positions in
the Office;’’.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION
OF DESIGNATION OF EXECUTIVE AGENT FOR A
CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1335)
is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection:
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‘‘(e) DESIGNATION OF OTHER EXECUTIVE AGENTS.—
Notwithstanding the requirements of this section or section
1792 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (50 U.S.C. 4531 note), the Sec-
retary of Defense may designate one or more Executive
Agents within the Department of Defense (other than the
Executive Agent described in subsection (a)) to implement
Defense Production Act transactions entered into under the
authority of sections 4021, 4022, and 4023 of title 10,
United States Code.’’.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF
BIOINDUSTRIAL MANUFACTURING PROCESSES.
(a) AUTHORIZATION.—Subject to the availability of ap-
propriations, the Secretary of Defense shall provide support
for the development of a network of bioindustrial manufac-
turing facilities to conduct research and development to im-
prove the ability of the industrial base to assess, validate, and
scale new, innovative bioindustrial manufacturing processes
for the production of chemicals, materials, and other products
necessary to support national security or secure fragile supply
chains.
(b) FORM OF SUPPORT.—The support provided under
subsection (a) may consist of—
(1) providing funding to one or more existing facili-
ties or the establishment of new facilities—
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(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial man-
ufacturing capabilities of such facilities;
(2) the establishment of dedicated facilities within
one or more bioindustrial manufacturing facilities to
serve as regional hubs for the research, development,
and the scaling of bioindustrial manufacturing processes
and products to higher levels of production; or
(3) designating a bioindustrial manufacturing facil-
ity to serve as the lead entity responsible for integrating
a network of pilot and intermediate scale bioindustrial
manufacturing facilities.
(c) ACTIVITIES.—A facility that receives support under
subsection (a) shall carry out activities relating to the re-
search, development, test, and evaluation of innovative bio-
industrial manufacturing processes and the scaling of bio-
industrial manufacturing products to higher levels of produc-
tion, which may include—
(1) research on the use of bioindustrial manufac-
turing to create materials such as polymers, coatings,
resins, commodity chemicals, and other materials with
fragile supply chains;
(2) demonstration projects to evaluate bioindustrial
manufacturing processes and technologies;
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(3) activities to scale bioindustrial manufacuring
processes and products to higher levels of production;
(4) strategic planning for infrastructure and equip-
ment investments for bioindustrial manufacturing of de-
fense-related materials;
(5) analyses of bioindustrial manufactured products
and validation of the application of biological material
used as input to new and existing processes to aid in fu-
ture investment strategies and the security of critical
supply chains;
(6) the selection, construction, and operation of
pilot and intermediate scale bioindustrial manufacturing
facilities;
(7) development and management of a network of
facilities to scale production of bioindustrial products;
(8) activities to address workforce needs in bio-
industrial manufacturing;
(9) establishing an interoperable, secure, digital in-
frastructure for collaborative data exchange across enti-
ties in the bioindustrial manufacturing community, in-
cluding government agencies, industry, and academia;
(10) developing and implementing digital tools,
process security and assurance capabilities, cybersecurity
protocols, and best practices for data storage, sharing
and analysis; and
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(11) such other activities as the Secretary of De-
fense determines appropriate.
(d) CONSIDERATIONS.—In determining the number,
type, and location of facilities to support under subsection
(a), the Secretary of Defense shall consider—
(1) how the facilities may complement each other or
increase production levels by functioning together as a
network;
(2) how to geographically distribute support to such
facilities—
(A) to maximize access to biological material
needed as an input to bioindustrial manufacturing
processes;
(B) to leverage available industrial and aca-
demic expertise, including workforce and human
capital;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and
other materials;
(D) to leverage access to venture capital and
private sector finance expertise and funding instru-
ments; and
(E) to complement the capabilities of similar
facilities; and
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(3) how the activities supported under this section
can be coordinated with relevant activities of other de-
partments and agencies of the Federal Government.
(e) INITIAL CONCEPT PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense com-
mittees and the National Security Commission on
Emerging Biotechnology an initial concept plan for the
implementation of this section that includes—
(A) an assessment of capacity scaling needs to
determine if, and what type of, additional bioindus-
trial manufacturing facilities may be needed to meet
the needs of the Department of Defense;
(B) a description of types, relative sizes, and
locations of the facilities the Secretary intends to
establish or support under this section;
(C) a general description of the focus of each
facility, including the types of bioindustrial manu-
facturing equipment, if any, that are expected to be
procured for each such facility;
(D) a general description of how the facilities
will work as a network to maximize the diversity of
bioindustrial products available to be produced by
the network;
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(E) an explanation of how the network will
support the establishment and maintenance of the
bioindustrial manufacturing industrial base; and
(F) an explanation of how the Secretary in-
tends to ensure that bioindustrial manufacturing
activities conducted under this section are modern-
ized digitally, including through—
(i) the use of data automation to rep-
resent processes and products as models and
simulations; and
(ii) the implementation of measures to ad-
dress cybersecurity and process assurance con-
cerns.
(2) BRIEFINGS.—Not later than 180 days after the
date of the submittal of the plan under paragraph (1),
and annually thereafter for five years, the Secretary of
Defense shall provide to the congressional defense com-
mittees a briefing on the Secretary’s progress in imple-
menting the plan.
(f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In
this section, the term ‘‘bioindustrial manufacturing’’ means
the use of living organisms, cells, tissues, enzymes, or cell-
free systems to produce materials and products for non-phar-
maceutical applications.
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SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CA-
PACITY UPGRADES TO SUPPORT CRITICAL
HYPERSONIC WEAPONS DEVELOPMENT.
(a) IN GENERAL.—Subject to the availability of appro-
priations for such purpose, the Secretary of the Air Force
shall carry out activities to upgrade testing facilities of the
Department of the Air Force that support the development
of critical hypersonic weapons that—
(1) use air-breathing or rocket booster capabilities;
and
(2) are expected to operate in sea-level or high-alti-
tude operational domains.
(b) TIMELINE FOR COMPLETION.—The Secretary of the
Air Force shall seek to complete any upgrade under sub-
section (a), subject to availability of appropriations for such
upgrade, not later than 24 months after the upgrade is com-
menced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND
TESTS OF ELECTROMAGNETIC WARFARE TECH-
NOLOGY.
(a) DEMONSTRATIONS AND TESTS REQUIRED.—Not
later than 270 days after the date of the enactment of this
Act, the Director of the Air Force Rapid Capabilities Office,
in coordination with the Air Force Life Cycle Management
Center, shall select one or more qualified entities under com-
petitive processes to conduct demonstrations and tests of
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commercial electronics technology to determine whether tech-
nology currently exists that could enable the following electro-
magnetic warfare capabilities:
(1) The operation of multiple emitters and receivers
in the same frequency at the same time and in the same
location without mutual interference and without using
adaptive beam forming or nulling.
(2) Protecting the reception of Global Positioning
System and other vulnerable low-power signals from
multiple high-power jammers at a level that is signifi-
cantly better than the protection afforded by controlled
reception pattern antennas.
(3) Simultaneous transmission from and reception
of separate signals on the same platform wherein the
signals lie in the same frequency and are transmitted
and received at the same time without interference.
(4) Capabilities similar those described in para-
graphs (1) through (3) in a live, virtual constructive sim-
ulation environment.
(5) Other capabilities that might satisfy or support
needs set forth in the Electromagnetic Spectrum Superi-
ority Strategy Implementation Plan released on August
5, 2021.
(b) OVERSIGHT OF TESTS.—The Director of Operational
Test and Evaluation shall—
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(1) provide oversight of the demonstrations and
tests required by subsection (a);
(2) review other applicable government or commer-
cial demonstrations and tests; and
(3) not later than 30 days after the completion of
the demonstrations and tests under subsection (a), ad-
vise the Chief Information Officer of the Department of
Defense, the Under Secretary of Defense for Research
and Engineering, and the Under Secretary of Defense
for Acquisition and Sustainment of the outcomes of the
demonstrations and tests.
(c) OUTCOME-BASED ACTIONS REQUIRED.—If the Di-
rector of Operational Test and Evaluation and the Director
of the Air Force Rapid Capabilities Office affirm that the
demonstrations and tests under subsection (a) confirm that
certain commercial electronics technology could enable one or
more of the capabilities described in such subsection—
(1) not later than 45 days after the conclusion of
the tests under subsection (a), the Director of the Air
Force Rapid Capabilities Office and the Director of
Operational Test and Evaluation shall jointly provide to
the congressional defense committees a briefing on the
outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities
Office may begin engineering form, fit, and function de-
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velopment and integration to incorporate technologies
demonstrated and tested under subsection (a) into spe-
cific Department of Defense platforms and applications;
and
(3) not later than 90 days after the conclusion of
the tests under subsection (a), the Director of the Air
Force Rapid Capabilities Office, the Chief Information
Officer, the Under Secretary of Defense for Research
and Engineering, and the Under Secretary of Defense
for Acquisition and Sustainment shall jointly provide to
the congressional defense committees a briefing on any
plans of the Department of Defense to further develop
and deploy the technologies demonstrated and tested
under subsection (a) to support the Electromagnetic
Spectrum Superiority Strategy Implementation Plan re-
leased on August 5, 2021.
(d) COMPETITIVENESS REQUIREMENTS.—A decision to
commit, obligate, or expend funds for the purposes outlined
in this section shall be based on merit-based selection proce-
dures in accordance with the requirements of sections
3201(e) and 4024 of title 10, United States Code, or on com-
petitive procedures.
(e) COMMERCIAL ELECTRONICS TECHNOLOGY DE-
FINED.—The term ‘‘commercial electronics technology’’
means electronics technology that is—
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(1) a commercial component (as defined in section
102 of title 41, United States Code);
(2) a commercial product (as defined in section 103
such title);
(3) a commercial service (as defined in section 103a
of such title); or
(4) a commercially available off-the-shelf item (as
defined in section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLI-
CATIONS PROGRAM.
(a) RESOURCE SPONSORS.—
(1) IN GENERAL.—The Commander of Naval Air
Systems Command and the Director of Air Warfare
shall jointly serve as the resource sponsors for the Ad-
vanced Sensor Applications Program (commonly known
as ‘‘ASAP’’ and in this section referred to as the ‘‘Pro-
gram’’).
(2) RESPONSIBILITIES.—The resource sponsors of
the Program shall be responsible for the following:
(A) Developing budget requests relating to the
Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and
projects for the Program.
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(D) Coordination and joint planning with ex-
ternal stakeholders in matters relating to the Pro-
gram.
(b) LIMITATIONS.—Only the Secretary of the Navy, the
Under Secretary of the Navy, and the Commander of Naval
Air Systems Command may—
(1) provide direction and management for the Pro-
gram;
(2) set priorities for the Program;
(3) regulate or limit the information available or ac-
cessible to the Program;
(4) edit reports or findings generated under the
Program; or
(5) coordinate and manage interactions of the Pro-
gram with external stakeholders.
(c) AUTHORITY FOR PROGRAM MANAGER.—The pro-
gram manager for the Program may access, consider, act on,
and apply information, at all levels of classification and from
all sources and organizations, that is pertinent to the projects
and activities that the Program is executing, or considering
proposing for the future.
(d) QUARTERLY BRIEFINGS.—Not less frequently than
once every three months, the program manager for the Pro-
gram shall provide to the congressional defense committees
and congressional intelligence committees (as defined in sec-
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tion 3 of the National Security Act of 1947 (50 U.S.C.
3003)) a briefing on all aspects of the Program, including on
the status of—
(1) the implementation of this section;
(2) the implementation of other congressional direc-
tives relating to the Program; and
(3) any direction and oversight of the Program ex-
ercised by the Commander of Naval Air Systems Com-
mand, the Secretary of the Navy, or the Under Sec-
retary of the Navy.
(e) STRATEGIC RELATIONSHIP.—The program manager
for the Program shall evaluate the feasibility and advisability
of establishing a strategic relationship with the Naval Re-
search Laboratory pursuant to which the Laboratory provides
scientific and technical assistance and support for the Pro-
gram.
(f) USE OF ASSETS.—The Commander of Naval Air
Systems Command shall take all actions the Commander con-
siders reasonable—
(1) to enable the Program to use assets controlled
within the Naval Air Systems Command enterprise, in-
cluding sensor systems and platforms; and
(2) to pursue the use of other assets that may fur-
ther the mission of the Program.
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(g) TERMINATION.—This section shall have no force or
effect after September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECU-
RITY OF MICROELECTRONICS.
(a) DEVELOPMENT AND IMPLEMENTATION OF CAPA-
BILITY.—The Secretary of Defense shall develop and imple-
ment a capability for quantifiable assurance to achieve prac-
tical, affordable, and risk-based objectives for security of
microelectronics to enable the Department of Defense to ac-
cess and apply state-of-the-art microelectronics for military
purposes.
(b) ESTABLISHMENT OF REQUIREMENTS AND SCHED-
ULE OF SUPPORT FOR DEVELOPMENT, TEST, AND ASSESS-
MENT.—
(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Deputy Secretary
of Defense shall, in consultation with the Under Sec-
retary of Defense for Research and Engineering, estab-
lish requirements and a schedule for support from the
National Security Agency to develop, test, assess, imple-
ment, and improve the capability required by subsection
(a).
(2) NATIONAL SECURITY AGENCY.—The Director of
the National Security Agency shall take such actions as
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may be necessary to satisfy the requirements established
under paragraph (1).
(3) BRIEFING.—Not later than 120 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Research and Engineering and the Direc-
tor of the National Security Agency shall jointly provide
the congressional defense committees a briefing on the
requirements and the schedule for support established
under paragraph (1).
(c) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall
assess whether the Department of Defense, to enable ex-
panded use of unprogrammed application specific inte-
grated circuits or other custom-designed integrated cir-
cuits manufactured by a supplier that is not using proc-
esses accredited by the Defense Microelectronics Activity
for the purpose of enabling the Department to access
commercial state-of-the-art microelectronics technology
using risk-based quantifiable assurance security method-
ology, should—
(A) seek changes to the International Traffic
in Arms Regulations under subchapter M of chapter
I of title 22, Code of Federal Regulations, and De-
partment of Defense Instruction 5200.44 (relating
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to protection of mission critical functions to achieve
trusted systems and networks); and
(B) expand the use of unprogrammed custom-
designed integrated circuits that are not controlled
by such regulations.
(2) BRIEFING.—Not later than April 1, 2023, the
Secretary of Defense shall provide the congressional de-
fense committees a briefing on the findings of the Sec-
retary with respect to the assessment conducted under
paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING
GROUP ON MICROELECTRONICS.
(a) ESTABLISHMENT AND DESIGNATION.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish a working group to facilitate co-
ordination among industry, academia, and the Depart-
ment of Defense on issues of mutual interest relating to
microelectronics as described in subsection (c).
(2) DESIGNATION.—The working group established
under paragraph (1) shall be known as the ‘‘Govern-
ment-Industry-Academia Working Group on Microelec-
tronics’’ (referred to in this section as the ‘‘Working
Group’’).
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(b) COMPOSITION.—The Working Group shall be com-
posed of representatives of organizations and elements of the
Department of Defense, industry, and academia.
(c) SCOPE.—The Secretary shall ensure that the Work-
ing Group supports dialogue and coordination among indus-
try, academia, and the Department of Defense on the fol-
lowing issues relating to microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the work-
force.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging se-
curity.
(7) Technology transition issues and opportunities.
(d) CHARTER AND POLICIES.—Not later than March 1,
2023, the Secretary of Defense shall develop a charter and
issue policies for the functioning of the Working Group.
(e) ADMINISTRATIVE SUPPORT.—The joint federation of
capabilities established under section 937 of the National De-
fense Authorization Act for Fiscal Year 2014 (Public Law
113–66; 10 U.S.C. 2224 note) shall provide administrative
support to the Working Group.
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(f) RULE OF CONSTRUCTION.—Nothing in this section
shall be construed to allow the Department of Defense to pro-
vide any competitive advantage to any participant in the
Working Group.
(g) SUNSET.—The provisions of this section shall termi-
nate on December 31, 2030.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS
BROADBAND INFRASTRUCTURE AT ALL MILITARY
INSTALLATIONS.
(a) TARGET REQUIRED.—Not later than July 30, 2023,
the Secretary of Defense shall—
(1) establish a target date by which the Secretary
plans to deploy 5G wireless broadband infrastructure at
all military installations; and
(2) establish metrics, which shall be identical for
each of the military departments, to measure progress
toward reaching the target required by paragraph (1).
(b) ANNUAL REPORT.—Not later than December 31,
2023, and on an annual basis thereafter until the date speci-
fied in subsection (c), the Secretary of Defense shall submit
to the congressional defense committees a report that in-
cludes—
(1) the metrics in use pursuant to subsection (a)(2);
and
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(2) the progress of the Secretary in reaching the
target required by subsection (a)(1).
(c) TERMINATION.—The requirement to submit annual
reports under subsection (b) shall terminate on the date that
is five years after the date of the enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND OTHER MINORITY-SERVING IN-
STITUTIONS REGARDING NATIONAL SECURITY IN-
NOVATION NETWORK PROGRAMS THAT PROMOTE
ENTREPRENEURSHIP AND INNOVATION AT INSTI-
TUTIONS OF HIGHER EDUCATION.
(a) PILOT PROGRAM.—The Under Secretary of Defense
for Research and Engineering, acting through the National
Security Innovation Network, may carry out a pilot program
under which the Under Secretary conducts activities, includ-
ing outreach and technical assistance, to better connect his-
torically Black colleges and universities and other minority-
serving institutions to the commercialization, innovation, and
entrepreneurial activities of the Department of Defense.
(b) BRIEFING.—Not later than one year after com-
mencing a pilot program under subsection (a), the Under
Secretary of Defense for Research and Engineering shall pro-
vide to the congressional defense committees a briefing on the
program, including—
(1) an explanation of—
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(A) the results of any outreach efforts con-
ducted under the pilot program;
(B) the success of the pilot program in expand-
ing National Security Innovation Network programs
to historically Black colleges and universities and
other minority-serving institutions; and
(C) any potential barriers to the expansion of
the pilot program; and
(2) recommendations for how the Department of
Defense can support historically Black colleges and uni-
versities and other minority-serving institutions to enable
such institutions to successfully participate in Depart-
ment of Defense commercialization, innovation, and en-
trepreneurship programs.
(c) TERMINATION.—The authority to carry out the pilot
program under subsection (a) shall terminate on the date
that is five years after the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘historically Black college or univer-
sity’’ means a part B institution (as defined in section
322 of the Higher Education Act of 1965 (20 U.S.C.
1061)).
(2) The term ‘‘other minority-serving institution’’
means an institution of higher education specified in
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paragraphs (2) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON REC-
OMMENDATIONS REGARDING DEFENSE RE-
SEARCH CAPACITY AT HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES AND OTHER MINORITY-
SERVING INSTITUTIONS.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense com-
mittees a report on the recommendations set forth in the
publication of the National Academies of Sciences, Engi-
neering, and Medicine titled ‘‘Defense Research Capacity
at Historically Black Colleges and Universities and
Other Minority Institutions: Transitioning from Good
Intentions to Measurable Outcomes’’ and dated April 28,
2022.
(2) CONTENTS.—The report required under para-
graph (1) shall include the following:
(A) With respect to the recommendations and
subrecommendations set forth in the publication de-
scribed in paragraph (1)—
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(i) a description of each recommendation
and subrecommendation the Secretary has im-
plemented as of the date of the report;
(ii) a description of each recommendation
and subrecommendation the Secretary has
commenced implementing as of the date of the
report, including a justification for determining
to commence implementing the recommenda-
tion; and
(iii) a description of each recommendation
and subrecommendation the Secretary has not
implemented or commenced implementing as of
the date of the report and a determination as
to whether or not to implement the rec-
ommendation.
(B) For each recommendation or sub-
recommendation the Secretary determines to imple-
ment under subparagraph (A)(iii)—
(i) a timeline for implementation;
(ii) a description of any additional re-
sources or authorities required for implementa-
tion; and
(iii) the plan for implementation.
(C) For each recommendation or sub-
recommendation the Secretary determines not to
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implement under subparagraph (A)(iii), a justifica-
tion for the determination not to implement the rec-
ommendation.
(3) FORMAT.—The report required under para-
graph (1) shall be submitted in unclassified form, but
may include a classified annex.
(b) PROGRAM TO IMPLEMENT REPORT RECOMMENDA-
TIONS AND SUBRECOMMENDATIONS.—
(1) PROGRAM REQUIRED.—The Secretary of De-
fense shall establish and carry out a program (referred
to in this subsection as the ‘‘Program’’) under which the
Secretary carries out activities to increase the capacity
of eligible institutions to achieve very high research ac-
tivity status.
(2) CONSIDERATIONS.—In establishing the Pro-
gram the Secretary shall consider—
(A) the recommendations and subrecommenda-
tions to be implemented under subsection (a);
(B) the extent of nascent research capabilities
and planned research capabilities at eligible institu-
tions and the relevance of those capabilities to re-
search areas of interest to the Department of De-
fense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible
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institutions to very high research activity status, in-
cluding measurable milestones such as growth in
very high research activity status indicators and
other relevant factors;
(D) how institutions participating in the Pro-
gram will evaluate and assess progress toward
achieving very high research activity status;
(E) how such institutions will sustain an in-
creased level of research activity after the Program
terminates; and
(F) reporting requirements for institutions par-
ticipating in the Program.
(3) CONSULTATION.—In designing the Program,
the Secretary may consult with the President’s Board of
Advisors on historically Black colleges and universities.
(4) PROGRAM ACTIVITIES.—
(A) ACTIVITIES.—Under the Program, the
Secretary shall carry out activities to build the ca-
pacity of eligible institutions to achieve very high
research activity status, which may include—
(i) activities to support—
(I) faculty professional development;
(II) stipends for undergraduate and
graduate students and post-doctoral schol-
ars;
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(III) recruitment and retention of
faculty and graduate students;
(IV) the provision of laboratory
equipment and instrumentation;
(V) communication and dissemination
of research products produced during the
Program;
(VI) construction, modernization, re-
habilitation, or retrofitting of facilities for
research purposes; and
(ii) such other activities as the Secretary
determines appropriate.
(B) IDENTIFICATION OF PRIORITY AREAS.—
The Secretary shall establish and update, on an an-
nual basis, a list of research priorities for STEM
and critical technologies appropriate for the Pro-
gram to assist eligible institutions in identifying ap-
propriate areas for research and related activities.
(5) TERMINATION.—The Program shall terminate
10 years after the date on which the Secretary com-
mences the Program.
(6) EVALUATION.—Not later than two years after
the date of the enactment of this Act and every two
years thereafter until the date on which the Program
terminates under paragraph (5), the Secretary shall sub-
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mit to the Committees on Armed Services of the Senate
and the House of Representatives a report providing an
update on the Program, including—
(A) a description of the activities carried out
under the Program;
(B) an analysis of any growth in very high re-
search activity status indicators of eligible institu-
tions that participated in the Program; and
(C) emerging research areas of interest to the
Department of Defense that are being pursued by
such institutions.
(7) REPORT TO CONGRESS.—Not later than 180
days after the date on which the program terminates
under paragraph (5), the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the Program that
includes the following:
(A) An analysis of the growth in very high re-
search activity status indicators of eligible institu-
tions that participated in the Program.
(B) An evaluation on the effectiveness of the
Program in increasing the research capacity of such
institutions.
(C) An explanation of how institutions that
achieved very high research activity status plan to
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sustain that status after the termination of the Pro-
gram.
(D) An evaluation of the maintenance of very
high research status by eligible institutions that
participated in the Program.
(E) An evaluation of the effectiveness of the
Program in increasing the diversity of students con-
ducting high quality research in unique areas.
(F) Recommendations with respect to further
activities and investments necessary to elevate the
research status of historically Black colleges and
universities and other minority-serving institutions.
(G) Recommendations as to whether the Pro-
gram should be renewed or expanded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘eligible institution’’ means a histori-
cally Black college or university or other minority-serv-
ing institution that is classified as a high research activ-
ity status institution at the time of participation in the
program under subsection (b).
(2) The term ‘‘high research activity status’’ means
R2 status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(3) The term ‘‘historically Black college or univer-
sity’’ has the meaning given the term ‘‘part B institu-
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tion’’ under section 322 of the Higher Education Act of
1965 (20 U.S.C. 1061).
(4) The term ‘‘other minority-serving institution’’
means an institution of higher education specified in
paragraphs (2) through (7) of section 371(a) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) The term ‘‘Secretary’’ means the Secretary of
Defense.
(6) The term ‘‘very high research activity status’’
means R1 status, as classified by the Carnegie Classi-
fication of Institutions of Higher Education.
(7) The term ‘‘very high research activity status in-
dicators’’ means the categories used by the Carnegie
Classification of Institutions of Higher Education to de-
lineate which institutions have very high activity status,
including—
(A) annual expenditures in science and engi-
neering;
(B) per-capita (faculty member) expenditures
in science and engineering;
(C) annual expenditures in non-science and en-
gineering fields;
(D) per-capita (faculty member) expenditures
in non-science and engineering fields;
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(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a
research emphasis;
(I) total number of research staff including
postdoctoral researchers;
(J) other doctorate-holding non-faculty re-
searchers in science and engineering and per-capita
(faculty) number of doctorate-level research staff in-
cluding post-doctoral researchers; and
(K) other categories utilized to determine clas-
sification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF
PATENTABLE INVENTIONS IN THE DEPARTMENT
OF THE NAVY.
(a) IN GENERAL.—The Secretary of the Navy may carry
out a pilot program to expand the support available to cov-
ered personnel who seek to engage in the development of pat-
entable inventions that—
(1) have applicablity to the job-related functions of
such personnel; and
(2) may have applicability in the civilian sector.
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(b) ACTIVITIES.—As part of the pilot program under
subsection (a), the Secretary of the Navy may—
(1) expand outreach to covered personnel regarding
the availability of patent-related training, legal assist-
ance, and other support for personnel interested in de-
veloping patentable inventions;
(2) expand the availability of patent-related training
to covered personnel, including by making such training
available online;
(3) clarify and issue guidance detailing how covered
personnel, including personnel outside of the laboratories
and other research organizations of the Department of
the Navy, may—
(A) seek and receive support for the develop-
ment of patentable inventions; and
(B) receive a portion of any royalty or other
payment as an inventor or coinventor such as may
be due under section 14(a)(1)(A)(i) of the
Stevension-Wylder Technology Innovation Act of
1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary
determines appropriate in accordance with the purposes
of the pilot program.
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(c) TERMINATION.—The authority to carry out the pilot
program under subsection (a) shall terminate three years
after the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ means members
of the Navy and Marine Corps and civilian employees of
the Department of the Navy, including members and
employees whose primary duties do not involve research
and development.
(2) The term ‘‘patentable invention’’ means an in-
vention that is patentable under title 35, United States
Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT
OF BATTERY TECHNOLOGIES FOR WARFIGHTERS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense may
establish and carry out a pilot program to assess the fea-
sibility and advisability of providing support to battery
producers—
(A) to facilitate the research and development
of safe and secure battery technologies for existing
and new or novel battery chemistry configurations,
including through the research and development of
new or updated manufacturing processes and tech-
nologies;
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(B) to assess commercial battery offerings
within the marketplace for viability and utility for
warfighter applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs,
prototype projects, or other research and develop-
ment programs, from the prototyping phase to man-
ufacturing production.
(2) DESIGNATION.—The pilot program established
under paragraph (1) shall be known as the ‘‘Warfighter
Electric Battery Transition Project’’ (referred to in this
section as the ‘‘Project’’).
(3) ADMINISTRATION.—The Under Secretary of De-
fense for Research and Engineering shall administer the
Project.
(b) GRANTS, CONTRACTS, AND OTHER AGREEMENTS.—
The Secretary of Defense may carry out the Project through
the award of support, as described in subsection (a)(1), in the
form of grants to, or contracts or other agreements with, bat-
tery producers.
(c) COORDINATION.—The Secretary of Defense shall en-
sure that activities under the Project are coordinated with the
Strategic Environmental Research and Development Program
under section 2901 of title 10, United States Code.
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(d) USE OF GRANT AND CONTRACT AMOUNTS.—A bat-
tery producer who receives a grant, contract, or other agree-
ment under the Project may use the amount of the grant,
contract, or other agreement to carry out one or more of the
following activities:
(1) Conducting research and development to vali-
date new or novel battery chemistry configurations, in-
cluding through—
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate
with other technologies and systems; or
(E) addressing manufacturing or other produc-
tion challenges.
(2) Providing commercially available battery tech-
nologies to each Secretary of a military department and
the commanders of the combatant commands to support
utility assessments or other testing by warfighters.
(3) Expanding, validating, or assessing battery re-
cycling capabilities that may provide operational utility
to the Department of Defense.
(4) Building and strengthening relationships of the
Department of Defense with nontraditional defense con-
tractors in the technology industry that may have un-
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used or underused solutions to specific operational chal-
lenges of the Department relating to battery technology.
(e) PRIORITY OF AWARDS.—In awarding grants, con-
tracts, or other agreements under the Project, the Secretary
shall give preference to battery producers that meet one or
more of the following criteria:
(1) The producer manufactures, designs, or devel-
ops battery cells, packs, modules, or other related capa-
bilities in the United States.
(2) The producer manufactures, designs, or devel-
ops battery cells, packs, modules, or other related capa-
bilities in the national technology and industrial base (as
defined in section 4801 of title 10, United States Code).
(3) The technology made available by the producer
provides modularity to support diverse applications.
(4) The technology made available by the producer
facilitates safety in tactical and combat applications by
using battery chemistries and configurations that reduce
thermal runaway and minimize oxygen liberation.
(5) The producer demonstrates new or novel battery
chemistry configurations, safety characteristics, or form-
factor configurations.
(6) The producer facilitates the domestic supply
chain for raw materials needed for battery production.
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(7) The producer offers battery-related commercial
products or commercial services.
(f) PLANNING, REPORTING AND DATA COLLECTION.—
(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary of Defense
may not commence the Project until the Secretary
has completed a plan for the implementation of the
Project.
(B) ELEMENTS.—The plan under subpara-
graph (A) shall provide for—
(i) collecting, analyzing, and retaining
Project data;
(ii) developing and sharing best practices
for achieving the objectives of the Project;
(iii) identification of any policy or regu-
latory impediments inhibiting the execution of
the Project; and
(iv) sharing results from the Project
across the Department of Defense and with
other departments and agencies of the Federal
Government and Congress.
(C) SUBMITTAL TO CONGRESS.—Not later
than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to
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the congressional defense committees the implemen-
tation plan developed under subparagraph (A).
(2) FINAL REPORT.—Not later than one year after
the date on which the Project terminates under sub-
section (g), the Secretary of Defense shall submit to the
congressional defense committees a final report on the
results of the Project. Such report shall include—
(A) a summary of the objectives achieved by
the Project; and
(B) recommendations regarding the steps that
may be taken to promote battery technologies that
are not dependent on foreign competitors to meet
the needs of the Armed Forces.
(g) TERMINATION.—The authority to carry out the
Project shall terminate on December 31, 2028.
Subtitle C—Plans, Reports, and Other
Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIREC-
TOR OF OPERATIONAL TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is
amended—
(1) by inserting ‘‘or controlled unclassified’’ after
‘‘classified’’; and
(2) by striking ‘‘submit an unclassified version of
the report to Congress’’ and inserting ‘‘submit to Con-
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gress a version of the report that is unclassified and
does not require safeguarding or dissemination con-
trols’’.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY
BRIEFINGS ON STRATEGY FOR FIFTH GENERA-
TION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
Section 254(d)(1) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
4571 note) is amended, in the matter preceding subpara-
graph (A), by striking ‘‘March 15, 2022’’ and inserting ‘‘De-
cember 1, 2026’’.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOP-
MENT OF NOVEL PROCESSING APPROACHES FOR
DEFENSE APPLICATIONS.
(a) INVESTMENT PLANS REQUIRED.—Not later than
November 1, 2023, and not less frequently than once every
three years thereafter until December 31, 2035, the Sec-
retary of Defense shall submit to the congressional defense
committees a plan for making investments to support the de-
velopment of novel processing approaches for defense applica-
tions.
(b) ELEMENTS.—Each investment plan required by sub-
section (a) shall—
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(1) identify any investments the Secretary has
made, and any future investments the Secretary intends
to make, in research and technology development to sup-
port the use and fielding of novel processing approaches
for defense applications;
(2) identify any investments the Secretary has
made, and any future investments the Secretary intends
to make, to accelerate the development of novel proc-
essing approaches for defense applications, including in-
vestments in—
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host sys-
tems utilizing novel processing approaches;
(C) algorithm developments necessary to ex-
pand the functionality of each novel processing ap-
proach;
(D) other Federal agencies and federally fund-
ed laboratories; and
(E) appropriate international and commercial
sector organizations and activities;
(3) describe mechanisms to coordinate and leverage
investments in novel processing approaches within the
Department and with non-Federal partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the plan; and
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(5) include recommendations for such legislative or
administration actions as may support the effective exe-
cution of the investment plan.
(c) FORM.—Each plan submitted under subsection (a)
shall be submitted in such form as the Secretary considers
appropriate, which may include classified, unclassified, and
publicly releasable formats.
(d) NOVEL PROCESSING APPROACHES DEFINED.—In
this section, the term ‘‘novel processing approaches’’ means—
(1) emerging techniques in computation, such as
biocomputing, exascale computing, utility scale quantum
computing; and
(2) associated algorithm and hardware development
needed to implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G IN-
FORMATION AND COMMUNICATIONS TECH-
NOLOGY WITHIN THE MILITARY DEPARTMENTS.
(a) THREE-YEAR TRANSITION PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after
the date of the enactment of this Act, each Assistant
Secretary concerned shall develop and submit to the con-
gressional defense committees a plan that specifies—
(A) the extent to which fifth generation infor-
mation and communications technology (5G) infra-
structure is expected to be implemented in the mili-
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tary department of the Assistant Secretary by the
end of the three-year period following the date of
the enactment of this Act; and
(B) how the implementation of such technology
is expected to be achieved during such period.
(2) ELEMENTS.—Each plan required under para-
graph (1) shall include—
(A) an operational needs assessment that iden-
tifies the highest priority areas in which the Assist-
ant Secretary intends to implement fifth generation
information and communications technologies dur-
ing the three-year period described in paragraph
(1);
(B) an explanation of—
(i) whether and to what extent the Assist-
ant Secretary intends to use an open radio ac-
cess network approach in implementing fifth
generation information and communications
technologies in the areas identified under sub-
paragraph (A); and
(ii) if the Assistant Secretary does not in-
tend to use such an open radio access network
approach, an explanation of the reasons for
such determination;
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(C) an investment plan that includes funding
estimates, by fiscal year and appropriation account,
to accelerate—
(i) the maturation and acquisition of fifth
generation information and communications
capabilities that use the open radio access net-
work approach; and
(ii) the deployment of such capabilities in
the facilities and systems of the military de-
partment concerned;
(D) metrics and reporting mechanisms to en-
sure progress in achieving the objectives of the plan
within the three-year period described in paragraph
(1);
(E) identification and designation of a single
point of contact at each military installation and
within each armed force under the jurisdiction of
the military department concerned to facilitate the
deployment of fifth generation information and
communications technologies;
(F) actions the Assistant Secretary intends to
carry out to streamline the process for establishing
fifth generation wireless coverage at military instal-
lations, including actions to reduce delays caused by
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policies and processes relating to contracting, com-
munications, and the use of real property;
(G) identification of investments that are re-
quired to support the transition to fifth generation
information and communications technology that
uses an open radio access network approach; and
(H) such other matters as the Assistant Sec-
retary considers appropriate.
(3) COORDINATION.—In developing the plans re-
quired under paragraph (1), each Assistant Secretary
concerned shall coordinate with—
(A) the Chief Information Officer of the De-
partment of Defense;
(B) and the Under Secretary of Defense for
Acquisition and Sustainment; and
(C) the Under Secretary of Defense for Re-
search and Engineering.
(4) FORM OF PLAN.—Each plan required under
paragraph (1) shall be submitted in unclassified form.
(b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
(1) ASSESSMENT AND BRIEFING REQUIRED.—After
all of the plans required by subsection (a)(1) have been
submitted in accordance with such subsection and not
later than 150 days after the date of the enactment of
this Act, the cross-functional team established pursuant
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to section 224(c)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 4571 note) shall
assess such plans and provide to the congressional de-
fense committees a briefing on the findings of the team
with respect to such assessment.
(2) ELEMENTS.—The briefing provided under para-
graph (1) shall include the following:
(A) Recommendations to further accelerate the
deployment of fifth-generation information and
communications technologies that use the open
radio access network approach across the Depart-
ment of Defense.
(B) Recommendations to standardize and
streamline the process for establishing fifth genera-
tion wireless coverage at military installations, in-
cluding recommendations for reducing delays caused
by policies and processes relating to contracting,
communications, and the use of real property.
(C) A plan for the inclusion of representatives
of the Department of Defense in international wire-
less standards-setting bodies.
(D) Such other matters as the cross-functional
team described in paragraph (1) considers appro-
priate.
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(c) DEFINITIONS.—In this section:
(1) The term ‘‘Assistant Secretary concerned’’
means—
(A) the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology, with respect
to matters concerning the Department of the Army;
(B) the Assistant Secretary of the Navy for
Research, Development, and Acquisition, with re-
spect to matters concerning the Department of the
Navy; and
(C) the Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics, with re-
spect to matters concerning the Department of the
Air Force.
(2) The term ‘‘open radio access network approach’’
means an approach to networking, such as the Open
Radio Access Network (commonly known as ‘‘Open
RAN’’), that uses open protocols and interfaces within
a network so that components provided by different ven-
dors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH
PROJECTS AGENCY INNOVATION FELLOWSHIP
PROGRAM.
(a) IN GENERAL.—The Director of the Defense Ad-
vanced Research Projects Agency shall develop a plan for the
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establishment of a fellowship program (to be known as the
‘‘Innovation Fellowship Program’’) to expand opportunities
for early career scientists to participate in the programs,
projects, and other activities of the Agency.
(b) ELEMENTS.—In developing the plan under sub-
section (a), the Director of the Defense Advanced Research
Projects Agency shall—
(1) review the types of programs, projects, and
other activities of the Agency that may be open to par-
ticipation from early career scientists to identify oppor-
tunities for the expansion of such participation;
(2) identify criteria for evaluating applicants to the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation
of the fellowship program;
(4) conduct an assessment of the potential costs of
the fellowship program;
(5) define eligibility requirements for participants in
the fellowship program; and
(6) address such other matters as the Director de-
termines appropriate.
(c) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Director of
the Defense Advanced Research Projects Agency shall submit
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to the congressional defense committee a report that in-
cludes—
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities
for early career scientists to participate in the programs,
projects, and other activities of the Agency.
(d) EARLY CAREER SCIENTIST DEFINED.—The term
‘‘early career scientist’’ means a scientist who is in an early
stage of career development according to criteria determined
by the Director of the Defense Advanced Research Projects
Agency for purposes of this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND
STRENGTHENING THE DEFENSE INNOVATION
ECOSYSTEM.
(a) STRATEGY AND IMPLEMENTATION PLAN RE-
QUIRED.—Not later than 180 days after the date of the en-
actment of this Act, the Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineer-
ing, shall develop—
(1) a strategy fostering and strengthening the de-
fense innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) PURPOSES.—
(1) STRATEGY.—The purpose of the strategy re-
quired by subsection (a)(1) is to provide a framework for
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identifying, assessing, and tracking innovation eco-
systems that are beneficial to advancing the defense, na-
tional security, and warfighting missions of the Depart-
ment of Defense.
(2) IMPLEMENTATION PLAN.—The purpose of the
implementation plan required by subsection (a)(2) is to
provide—
(A) concrete steps and measures of effective-
ness to gauge the effect of the innovation eco-
systems described in paragraph (1) on the Depart-
ment; and
(B) a means for assessing the effectiveness of
the strategy developed under subsection (a)(1), in-
cluding the approaches taken by the Department to
grow, foster, and sustain such innovation eco-
systems.
(c) ELEMENTS.—The strategy and the implementation
plan required by subsection (a) shall include the following ele-
ments:
(1) A process for defining, assessing, and selecting
innovation ecosystems with potential to provide benefit
to the Department of Defense.
(2) Metrics for measuring the performance and
health of innovation ecosystems being supported by the
Department, including identification of criteria to deter-
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mine when to support or cease supporting identified eco-
systems.
(3) Identification of the authorities and Department
of Defense research, development, test, and evaluation
assets that can be used to identify, establish, sustain,
and expand innovation ecosystems.
(4) For each innovation ecosystem supported by the
Department—
(A) a description of the core competencies or
focus areas of the ecosystem;
(B) identification of any organizations or ele-
ments of the Department that engage with the eco-
system;
(C) identification of the private sector assets
that are being used to support, sustain, and expand
the identified innovation ecosystem; and
(D) a description of any challenges and suc-
cesses associated with such ecosystem.
(5) Such other elements as the Secretary considers
appropriate.
(d) INTERIM BRIEFING.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of De-
fense shall provide to the congressional defense committees a
briefing on the strategy and implementation plan developed
under subsection (a).
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(e) SUBMITTAL OF STRATEGY AND PLAN.—Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional de-
fense committees the strategy and implementation plan devel-
oped under subsection (a).
(f) QUADRENNIAL UPDATES.—Not later than March 1,
2027, and not less frequently than once ever four years there-
after until December 31, 2039, the Secretary shall—
(1) update the strategy and plan developed under
subsection (a); and
(2) submit the updated strategy and plan to the
congressional defense committees.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Defense research, de-
velopment, test, and evaluation assets’’ includes the fol-
lowing:
(A) The Department of Defense science and
technology reinvention laboratories designated
under section 4121 of title 10, United States Code.
(B) The Major Range and Test Facility Base
(as defined in section 4173(i) of such title).
(C) Department of Defense sponsored manu-
facturing innovation institutes.
(D) The organic industrial base.
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(E) Defense Agencies and Department of De-
fense Field Activities (as defined in section 101(a)
of title 10, United States Code) that carry out ac-
tivities using funds appropriated for research, devel-
opment, test, and evaluation.
(F) Any other organization or element of the
Department of Defense that carries out activities
using funds appropriated for research, development,
test, and evaluation.
(2) The term ‘‘innovation ecosystem’’ refers to a re-
gionally based network of private sector, academic, and
government institutions in a network of formal and in-
formal institutional relationships that contribute to tech-
nological and economic development in a defined tech-
nology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO
HYPERSONIC TESTING CAPACITY OF THE DEPART-
MENT OF DEFENSE.
(a) ASSESSMENT.—The Secretary of Defense shall as-
sess the capacity of the Department of Defense to test, evalu-
ate, and qualify the hypersonic capabilities and related tech-
nologies of the Department.
(b) ELEMENTS.—The assessment under subsection (a)
shall include the following:
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(1) An assumption, for purposes of evaluating the
capacity described in subsection (a), that the Depart-
ment of Defense will conduct at least one full-scale,
operationally relevant, live-fire, hypersonic weapon test
of each hypersonic weapon system that is under develop-
ment each year by each of the Air Force, the Army, and
the Navy, once such system reaches initial operational
capability.
(2) An identification of test facilities outside the
Department of Defense that have potential to be used to
expand the capacity described in subsection (a), includ-
ing test facilities of other departments and agencies of
the Federal Government, academia, and commercial test
facilities.
(3) An analysis of the capability of each test facility
identified under paragraph (2) to simulate various indi-
vidual and coupled hypersonic conditions to accurately
simulate a realistic flight-like environment with all rel-
evant aero-thermochemical conditions.
(4) An identification of the coordination, sched-
uling, reimbursement processes, and requirements need-
ed for the potential use of test facilities of other depart-
ments and agencies of the Federal Government, as avail-
able.
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(5) An analysis of the test frequency, scheduling
lead time, test cost, and capacity of each test facility
identified under paragraph (2).
(6) A review of test facilities identified under para-
graph (2) that could enhance efforts to test flight vehi-
cles of the Department in all phases of hypersonic flight,
and other technologies, including sensors, communica-
tions, thermal protective shields and materials, optical
windows, navigation, and environmental sensors.
(7) An assessment of any cost savings and time sav-
ings that could result from using technologies identified
in the strategy under subsection (c).
(c) STRATEGY.—
(1) REQUIREMENT.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a strategy to coordinate the potential use of
test facilities and ranges identified under subsection
(b)(2) to evaluate hypersonic technologies.
(2) ELEMENTS.—The strategy under paragraph (1)
shall—
(A) be based on the assessment under sub-
section (a);
(B) address how the Secretary will coordinate
with other departments and agencies of the Federal
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Government, including the National Aeronautics
and Space Administration, to plan for and schedule
the potential use of other Federal Government-
owned test facilities and ranges, as available, to
evaluate the hypersonic technologies of the Depart-
ment of Defense;
(C) to the extent practicable, address in what
cases the Secretary can use test facilities identified
under subsection (b)(2) to fill any existing testing
requirement gaps to enhance and accelerate flight
qualification of critical hypersonic technologies of
the Department;
(D) identify—
(i) the resources needed to improve the
frequency and capacity for testing hypersonic
technologies of the Department at ground-
based test facilities and flight test ranges, in-
cluding estimated costs for conducting at least
one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic
weapon system that is under development each
year by each of the Air Force, the Army, and
the Navy, once such system reaches initial
operational capability;
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(ii) the resources needed to reimburse
other departments and agencies of the Federal
Government for the use of the test facilities
and ranges of those departments or agencies to
test the hypersonics technologies of the De-
partment;
(iii) the requirements, approval processes,
and resources needed to enhance, as appro-
priate, the testing capabilities and capacity of
other Federal Government-owned test facilities
and flight ranges, in coordination with the
heads of the relevant departments and agen-
cies;
(iv) investments that the Secretary can
make to incorporate test facilities identified
under subsection (b)(2) into the overall
hypersonic test infrastructure of the Depart-
ment of Defense; and
(v) the environmental conditions, testing
sizes, and duration required for flight qualifica-
tion of both hypersonic cruise and hypersonic
boost-glide technologies of the Department;
and
(E) address all advanced or emerging tech-
nologies that could shorten timelines and reduce
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costs for hypersonic missile testing, including with
respect to—
(i) 3D printing of hypersonic test missile
components including the frame, warhead, and
propulsion systems;
(ii) reusable hypersonic test beds, includ-
ing air-launched, sea-launched, and ground-
launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne plat-
forms other than the B–52 aircraft to improve
flight schedules for such testing; and
(v) other relevant technologies.
(3) COORDINATION.—The Secretary of Defense
shall develop the strategy under paragraph (1) in coordi-
nation with the Program Director of the Joint
Hypersonics Transition Office, the Administrator of the
National Aeronautics and Space Administration, the re-
search laboratories of the military departments, and the
Department of Defense Test Resource Management Cen-
ter.
(d) REPORT ON ESTIMATED COSTS OF CONDUCTING A
MINIMUM FREQUENCY OF HYPERSONIC WEAPONS TEST-
ING.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the
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appropriate congressional committees a report that includes
an estimate of the costs of conducting at least one full-scale,
operationally relevant, live-fire, hypersonic weapon test of
each hypersonic weapon system that is under development
each year by each of the Air Force, the Army, and the Navy,
once such system reaches initial operational capability.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—The term ‘‘appropriate congressional committees’’
means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Tech-
nology of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FED-
ERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) ANNUAL REPORT REQUIRED.—On an annual basis,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a report that identifies and provides information about
the studies and reports undertaken for the Department of
Defense by federally funded research and development cen-
ters.
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(b) ELEMENTS.—Each report submitted under sub-
section (a) shall set forth the following:
(1) A list identifying each study and report under-
taken by a federally funded research center for the De-
partment of Defense—
(A) that has been completed during the period
covered by the report under subsection (a); or
(B) that is in progress as of the date of the re-
port under subsection (a).
(2) For each study and report listed under para-
graph (1), the following:
(A) The title of the study or report.
(B) The federally funded research and develop-
ment center undertaking the study or report.
(C) The amount of funding provided to the
federally funded research and development center
under the contract or other agreement pursuant to
which the study or report is being produced or con-
ducted.
(D) The completion date or anticipated comple-
tion date of the study or report.
(c) EXCEPTIONS.—The report required by subsection (a)
shall not apply to the following:
(1) Classified reports or studies.
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(2) Technical reports associated with scientific re-
search or technical development activities.
(3) Any report or study undertaken pursuant to a
contract or other agreement between a federally funded
research and development center and an entity outside
the Department of Defense.
(4) Reports or studies that are in draft form or
that have not undergone a peer-review or prepublication
security review process established by the federally fund-
ed research and development center concerned.
(d) SPECIAL RULE.—Each report under subsection (a)
shall be generated using the products and processes gen-
erated pursuant to section 908 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 111 note).
(e) TERMINATION.—The requirement to submit annual
reports under subsection (a) shall terminate on the date that
is three years after the date of the enactment of this Act.
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FU-
TURES COMMAND RESEARCH PROGRAM REALIGN-
MENT STUDY.
(a) REPORT REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Army shall submit to the congressional defense committees a
report on the recommendations set forth in the publication of
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the National Academies of Sciences, Engineering, and Medi-
cine titled ‘‘Consensus Study Report: U.S. Army Futures
Command Research Program Realignment’’ and dated April
23, 2022.
(b) CONTENTS.—The report submitted under subsection
(a) shall include the following:
(1) A description of each recommendation described
in such subsection that has already been implemented.
(2) A description of each recommendation described
in such subsection that the Secretary has commenced
implementing, including a justification for determining
to commence implementing the recommendation.
(3) A description of each recommendation described
in such subsection that the Secretary has not imple-
mented or commenced implementing and a determina-
tion as to whether or not to implement the recommenda-
tion.
(4) For each recommendation under paragraph (3)
the Secretary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources
or authorities required for implementation.
(C) The plan for implementation.
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(5) For each recommendation under paragraph (3)
the Secretary determines not to implement, a justifica-
tion for the determination not to implement.
(c) FORMAT.—The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZA-
TION OF THE ELECTRONIC PROVING GROUNDS
TESTING RANGE.
(a) REPORT REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of De-
fense, acting through the Chair of the Electronic Warfare Ex-
ecutive Committee of the Department of Defense, shall sub-
mit to the congressional defense committees a report on the
Electronic Proving Grounds testing range located at Fort
Huachuca, Arizona.
(b) ELEMENTS.—The report under subsection (a) shall
address—
(1) the amount and types of testing activities con-
ducted at the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of
the range;
(3) the capacity of the range to be used for addi-
tional testing activities;
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(4) the possibility of using the range for the testing
activities of other Armed Forces, Federal agencies, and
private-sector entities in the United States;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training shortfalls at domestic
military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare capabili-
ties.
(c) CONSULTATION.—In preparing the report under sub-
section (a), the Chair of the Electronic Warfare Executive
Committee shall consult with the following:
(1) The Under Secretary of Defense for Research
and Engineering.
(2) The Chief Information Officer of the Depart-
ment of Defense.
(3) The Director of Operational Test and Evalua-
tion of the Department of Defense.
(4) The Commander of the United States Strategic
Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations
Cross-Functional Team established pursuant to section
911(c) of the National Defense Authorization Act for
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Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111
note).
(7) The governments of Cochise County and Sierra
Vista, Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
FORMING SOFTWARE AND INFORMATION TECH-
NOLOGY.
(a) STUDY REQUIRED.—The Secretary of Defense shall
seek to enter into a contract or other agreement with an eligi-
ble entity to conduct an independent study on the challenges
associated with the use of software and information tech-
nology in the Department of Defense, the effects of such
challenges, and potential solutions to such challenges.
(b) ELEMENTS.—The independent study conducted
under subsection (a) shall include the following:
(1) A survey of members of each Armed Force
under the jurisdiction of a Secretary of a military de-
partment to identify the most important software and
information technology challenges that result in lost
working hours, including—
(A) an estimate of the number of working
hours lost due to each challenge and the cost of
such lost working hours;
(B) the effects of each challenge on service-
member and employee retention; and
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(C) any negative effects of each challenge on a
mission of the Armed Force or military department
concerned.
(2) A summary of the policy or technical challenges
that limit the ability of each Secretary of a military de-
partment to implement needed software and information
technology reforms, which shall be determined based on
interviews conducted with individuals who serve as a
chief information officer (or an equivalent position) in a
military department.
(3) Development of a framework for assessing
underperforming software and information technology,
with an emphasis on foundational information tech-
nology to standardize the measurement and comparison
of programs across the Department of Defense and its
component organizations. Such a framework shall enable
the assessment of underperforming software and infor-
mation technology based on—
(A) designs, interfaces, and functionality which
prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
(D) comparisons between—
(i) outdated or outmoded information
technologies, software, and applications; and
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(ii) modern information technologies, soft-
ware, and applications;
(E) overhead costs for software and informa-
tion technology in the Department compared to the
overhead costs for comparable software and infor-
mation technology in the private sector;
(F) comparison of the amounts the Depart-
ment planned to expend on software and informa-
tion technology services versus the amounts actually
spent for such software and services;
(G) the mean amount of time it takes to re-
solve technical problems reported by users;
(H) the average rate, expressed in time, for re-
mediating or patching weaknesses or flaws in infor-
mation technologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations—
(A) to address the challenges identified under
paragraph (1); and
(B) to improve the processes through which the
Secretary provides software and information tech-
nology throughout the Department, including
through—
(i) business processes reengineering;
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(ii) improvement of procurement or
sustainment processes;
(iii) remediation of hardware and software
technology gaps; and
(iv) the development of more detailed and
effective cost estimates.
(c) REPORT REQUIRED.—Not later than one year after
the date of the enactment of this Act, the eligible entity that
conducts the study under subsection (a) shall submit to the
Secretary of Defense and the congressional defense commit-
tees a report on the results of such study.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible entity’’ means an inde-
pendent entity not under the direction or control of the
Secretary of Defense, which may include a department
or agency of the Federal Government outside the De-
partment of Defense.
(2) The term ‘‘software and information tech-
nology’’ does not include embedded software and infor-
mation technology used for weapon systems.
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SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPER-
ATIONAL TEST AND EVALUATION RESOURCES
SUPPORTING CERTAIN MAJOR DEFENSE ACQUISI-
TION PROGRAMS.
(a) STUDY.—The Director of Operational Test and Eval-
uation of the Department of Defense shall conduct a study
of at least one major defense acquisition program within each
covered Armed Force to determine the sufficiency of the oper-
ational test and evaluation resources supporting such pro-
gram.
(b) ELEMENTS.—The study under subsection (a) shall
include, with respect to each major defense acquisition pro-
gram evaluated as part of the study, the following:
(1) Identification and assessment of the operational
test and evaluation resources supporting the program—
(A) as of the date of the study;
(B) during the five-year period preceding the
date of the study; and
(C) over the period covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(2) For any operational test and evaluation re-
sources determined to be insufficient to meet the needs
of the program, an evaluation of the amount of addi-
tional funding and any other support that may be re-
quired to ensure the sufficiency of such resources.
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(3) The amount of Government-funded, contractor-
provided operational test and evaluation resources—
(A) provided for the program as of the date of
the study; and
(B) that are planned to be provided for the
program after such date.
(4) Such other matters as the Director of Oper-
ational Test and Evaluation determines to be relevant to
the study.
(c) REPORT.—Not later than one year after the date of
the enactment of this Act, the Director of Operational Test
and Evaluation shall submit to the congressional defense
committees a report on the results of the study conducted
under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the
Army, the Navy, the Marine Corps, the Air Force, and
the Space Force.
(2) The term ‘‘major defense acquisition program’’
has the meaning given that term in section 4201 of title
10, United States Code.
(3) The term ‘‘operational test and evaluation re-
sources’’ means the facilities, specialized test assets,
schedule, workforce, and any other resources supporting
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operational test and evaluation activities under a major
defense acquisition program.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven expo-
sure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department
of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and
energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered,
or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to
renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and
promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements
for future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to ex-
treme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain
military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions
to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through re-
cycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites pro-
grams.
Sec. 327. Analysis and plan for addressing heat island effect on military instal-
lations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department
of Defense with electric vehicles, advanced-biofuel-powered ve-
hicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red
Hill Bulk Fuel Storage Facility.
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Sec. 333. Report on bulk fuel requirements applicable to United States Indo-
Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill
Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implica-
tions of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and assessment
on health implications of per- and polyfluoroalkyl substances
contamination in drinking water by Agency for Toxic Sub-
stances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private prop-
erty.
Sec. 345. Restriction on procurement or purchasing by Department of Defense
of turnout gear for firefighters containing perfluoroalkyl sub-
stances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installa-
tions from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense
procurement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and ob-
jectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readi-
ness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts fol-
lowing major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration
of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding
Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support
operations.
Sec. 358. Notification of modification to policy regarding retention rates for
Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United
States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribu-
tion points in United States Indo-Pacific Command area of re-
sponsibility.
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Subtitle F—Matters Relating to Depots and Ammunition Production
Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance
and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspec-
ified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition produc-
tion facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level
maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for
performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Depart-
ment of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint
Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibil-
ities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire preven-
tion and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installa-
tions.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members
of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanita-
tion and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine
countermeasures platforms.
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2023 for the use of the Armed Forces and other ac-
tivities and agencies of the Department of Defense for ex-
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penses, not otherwise provided for, for operation and mainte-
nance, as specified in the funding table in section 4301.
Subtitle B—Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SE-
CURITY.
Chapter 7 of title 10, United States Code, is amended
by inserting after section 182 the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
‘‘§ 182a. Center for Excellence in Environmental Security
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may
operate a Center for Excellence in Environmental Security
(in this section referred to as the ‘Center’).
‘‘(b) MISSIONS.—(1) The Center shall be used to provide
and facilitate education, training, and research in civil-mili-
tary operations, particularly operations that require inter-
national assistance and operations that require coordination
between the Department of Defense and other Federal agen-
cies.
‘‘(2) The Center shall be used to provide and facilitate
education, training, interagency coordination, and research on
the following additional matters:
‘‘(A) Management of the consequences of environ-
mental insecurity with respect to—
‘‘(i) access to water, food, and energy;
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‘‘(ii) related health matters; and
‘‘(iii) matters relating to when, how, and why
environmental stresses to human safety, health,
water, energy, and food will cascade to economic,
social, political, or national security events.
‘‘(B) Appropriate roles for the reserve components
in response to environmental insecurity resulting from
natural disasters.
‘‘(C) Meeting requirements for information in con-
nection with regional and global disasters, including
through the use of advanced communications technology
as a virtual library.
‘‘(3) The Center shall perform such other missions as
the Secretary of Defense may specify.
‘‘(4) To assist the Center in carrying out the missions
under this subsection, upon request of the Center, the head
of any Federal agency may grant to the Center access to the
data, archives, and other physical resources (including facili-
ties) of that agency, and may detail any personnel of that
agency to the Center, for the purpose of enabling the develop-
ment of global environmental indicators.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITU-
TION AUTHORIZED.—The Secretary of Defense may enter
into an agreement with appropriate officials of an institution
of higher education to provide for the operation of the Cen-
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ter. Any such agreement shall provide for the institution to
furnish necessary administrative services for the Center, in-
cluding by directly providing such services or providing the
funds for such services.
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as pro-
vided in paragraph (2), the Secretary of Defense may accept,
on behalf of the Center, donations to be used to defray the
costs of the Center or to enhance the operation of the Center.
Such donations may be accepted from any agency of the Fed-
eral Government, any State or local government, any foreign
government, any foundation or other charitable organization
(including any that is organized or operates under the laws
of a foreign country), or any other private source in the
United States or a foreign country.
‘‘(2) The Secretary may not accept a donation under
paragraph (1) if the acceptance of the donation would com-
promise or appear to compromise—
‘‘(A) the ability of the Department of Defense, any
employee of the Department, or any member of the
armed forces, to carry out any responsibility or duty of
the Department or the armed forces in a fair and objec-
tive manner; or
‘‘(B) the integrity of any program of the Depart-
ment of Defense or of any person involved in such a pro-
gram.
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‘‘(3) The Secretary shall prescribe written guidance set-
ting forth the criteria to be used in determining whether or
not the acceptance of a foreign donation under paragraph (1)
would have a result described in paragraph (2).
‘‘(4) Funds accepted by the Secretary under paragraph
(1) as a donation on behalf of the Center shall be credited
to appropriations available to the Department of Defense for
the Center. Funds so credited shall be merged with the ap-
propriations to which credited and shall be available for the
Center for the same purposes and the same period as the ap-
propriations with which merged.’’.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER
QUALITY TRADING.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by inserting after section 2694c the
following new section:
‘‘§ 2694d. Participation in pollutant banks and water
quality trading
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of a
military department, and the Secretary of Defense with re-
spect to matters concerning a Defense Agency, when engaged
in an authorized activity that may or will result in the dis-
charge of pollutants, may make payments to a pollutant
banking program or water quality trading program approved
in accordance with the Water Quality Trading Policy dated
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January 13, 2003, set forth by the Office of Water of the
Environmental Protection Agency, or any successor adminis-
trative guidance or regulation.
‘‘(b) TREATMENT OF PAYMENTS.—Payments made
under subsection (a) to a pollutant banking program or water
quality trading program may be treated as eligible project
costs for military construction.
‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In this
section, the term ‘discharge of pollutants’ has the meaning
given that term in section 502(12) of the Federal Water Pol-
lution Control Act (33 U.S.C. 1362(12)) (commonly referred
to as the ‘Clean Water Act’).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2694c following new item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM FOR STATE-OWNED FA-
CILITIES OF THE NATIONAL GUARD WITH PROVEN
EXPOSURE OF HAZARDOUS SUBSTANCES AND
WASTE.
(a) DEFINITION OF STATE-OWNED NATIONAL GUARD
FACILITY.—Section 2700 of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(4) The term ‘State-owned National Guard facil-
ity’ includes land owned and operated by a State when
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such land is used for training the National Guard pursu-
ant to chapter 5 of title 32 with funds provided by the
Secretary of Defense or the Secretary of a military de-
partment, even though such land is not under the juris-
diction of the Department of Defense.’’.
(b) AUTHORITY FOR DEFENSE ENVIRONMENTAL RES-
TORATION PROGRAM.—Section 2701(a)(1) of such title is
amended, in the first sentence, by inserting ‘‘and at State-
owned National Guard facilities’’ before the period.
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Section
2701(c)(1) of such title is amended by adding at the end the
following new subparagraph:
‘‘(D) Each State-owned National Guard facility
being used for training the National Guard pursu-
ant to chapter 5 of title 32 with funds provided by
the Secretary of Defense or the Secretary of a mili-
tary department at the time of actions leading to
contamination by hazardous substances or pollut-
ants or contaminants.’’.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY
REPORTS OF DEPARTMENT OF DEFENSE.
(a) ENVIRONMENTAL REPORT.—Section 2711 of title
10, United States Code, is amended by striking subsections
(a) and (b) and inserting the following new subsections:
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‘‘(a) REPORT REQUIRED.—Not later than March 31 of
each year, the Secretary of Defense shall submit to Congress
a report on progress made by environmental programs of the
Department of Defense during the preceding fiscal year.
‘‘(b) ELEMENTS.—Each report under subsection (a)
shall include, for the year covered by the report, the fol-
lowing:
‘‘(1) With respect to environmental restoration ac-
tivities of the Department of Defense, and for each of
the military departments, information on the Defense
Environmental Restoration Program under section 2701
of this title, including—
‘‘(A) the total number of sites at which such
program was carried out;
‘‘(B) the progress of remediation for sites that
have not yet completed cleanup;
‘‘(C) the remaining cost to complete cleanup of
known sites; and
‘‘(D) an assessment by the Secretary of De-
fense of the overall progress of such program.
‘‘(2) An assessment by the Secretary of achieve-
ments for environmental conservation and planning by
the Department.
‘‘(3) An assessment by the Secretary of achieve-
ments for environmental compliance by the Department.
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‘‘(4) An assessment by the Secretary of achieve-
ments for climate resiliency by the Department.
‘‘(5) An assessment by the Secretary of the
progress made by the Department in achieving the objec-
tives and goals of the Environmental Technology Pro-
gram of the Department.
‘‘(c) CONSOLIDATION.—The Secretary of Defense may
consolidate, attach with, or otherwise include in any report
required under subsection (a) any annual report or other re-
quirement that is aligned or associated with, or would be bet-
ter understood if presented as part of a consolidated report
addressing environmental restoration, compliance, and resil-
ience.’’.
(b) ENERGY REPORT.—
(1) IN GENERAL.—Section 2925 of such title is
amended—
(A) by amending the section heading to read as
follows: ‘‘Annual report on energy per-
formance, resilience, and readiness of
Department of Defense’’; and
(B) by striking subsections (a) and (b) and in-
serting the following new subsections:
‘‘(a) REPORT REQUIRED.—Not later than 240 days
after the end of each fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report
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detailing the fulfillment during that fiscal year of the authori-
ties and requirements under sections 2688, 2911, 2912,
2920, and 2926 of this title, including progress on energy re-
silience at military installations and the use of operational en-
ergy in combat platforms and at contingency locations.
‘‘(b) ELEMENTS.—Each report under subsection (a)
shall include the following:
‘‘(1) For the year covered by the report, the fol-
lowing:
‘‘(A) A description of the progress made to
achieve the goals of the Energy Policy Act of 2005
(Public Law 109–58), section 2911(g) of this title,
and the Energy Independence and Security Act of
2007 (Public Law 110–140).
‘‘(B) A description of the energy savings, re-
turn on investment, and enhancements to installa-
tion mission assurance realized by the fulfillment of
the goals described in subparagraph (A).
‘‘(C) A description of and progress toward the
energy security, resilience, and performance goals
and master planning for the Department of De-
fense, including associated metrics pursuant to sub-
sections (c) and (d) of section 2911 of this title and
requirements under section 2688(g) of this title.
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‘‘(D) An evaluation of progress made by the
Department in implementing the operational energy
strategy of the Department, including the progress
of key initiatives and technology investments related
to operational energy demand and management.
‘‘(E) Details of the amounts of any funds
transferred by the Secretary of Defense pursuant to
section 2912 of this title, including a detailed de-
scription of the purpose for which such amounts
have been used.
‘‘(2) Statistical information on operational energy
demands of the Department, in terms of expenditures
and consumption, for the preceding five fiscal years, in-
cluding information on funding made available in regular
defense appropriations Acts and any supplemental ap-
propriations Acts.
‘‘(3) A description of each initiative related to the
operational energy strategy of the Department and a
summary of funds appropriated for each initiative in the
previous fiscal year and current fiscal year and re-
quested for each initiative for the next five fiscal years.
‘‘(4) Such recommendations as the Secretary con-
siders appropriate for additional changes in organization
or authority within the Department to enable further im-
plementation of the energy strategy and such other com-
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ments and recommendations as the Secretary considers
appropriate.
‘‘(c) CLASSIFIED FORM.—If a report under subsection
(a) is submitted in classified form, the Secretary of Defense
shall, concurrently with such report, submit to the congres-
sional defense committees an unclassified version of the re-
port.
‘‘(d) CONSOLIDATION.—The Secretary of Defense may
consolidate, attach with, or otherwise include in any report
required under subsection (a) any annual report or other re-
quirement that is aligned or associated with, or would be bet-
ter understood if presented as part of a consolidated report
addressing energy performance, resilience, and readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sections
at the beginning of subchapter III of chapter 173 of
such title is amended by striking the item relating to
section 2925 and inserting the following new item:
‘‘2925. Annual report on energy performance, resilience, and readiness of De-
partment of Defense.’’.
(c) CONTINUATION OF REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Section 1080(a) of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does
not apply to the following reports:
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(A) The report required to be submitted to
Congress under section 2711 of title 10, United
States Code.
(B) The report required to be submitted to
Congress under section 2925 of title 10, United
States Code.
(2) CONFORMING REPEAL.—Section 1061(c) of Na-
tional Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 10 U.S.C. 111 note) is amended
by striking paragraphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEAS-
URES AND FUNDING.
Section 2911 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(j) AGGREGATE ENERGY CONSERVATION MEASURES
AND FUNDING.—(1) To the maximum extent practicable, the
Secretary concerned shall take a holistic view of the energy
project opportunities on installations under the jurisdiction of
such Secretary and shall consider aggregate energy conserva-
tion measures, including energy conservation measures with
quick payback, with energy resilience enhancement projects
and other projects that may have a longer payback period.
‘‘(2) In considering aggregate energy conservation meas-
ures under paragraph (1), the Secretary concerned shall in-
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corporate all funding available to such Secretary for such
measures, including—
‘‘(A) appropriated funds, such as—
‘‘(i) funds appropriated for the Energy Resil-
ience and Conservation Investment Program of the
Department; and
‘‘(ii) funds appropriated for the Facilities
Sustainment, Restoration, and Modernization pro-
gram of the Department; and
‘‘(B) funding available under performance con-
tracts, such as energy savings performance contracts and
utility energy service contracts.’’.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY
PERFORMANCE GOALS AND ENERGY PERFORM-
ANCE MASTER PLAN.
Section 2911(e) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
‘‘(14) The reliability and security of energy re-
sources in the event of a military conflict.
‘‘(15) The value of resourcing energy from partners
and allies of the United States.’’.
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SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION,
ADVANCED-BIOFUEL-POWERED, OR HYDROGEN-
POWERED VEHICLES FOR THE DEPARTMENT OF
DEFENSE.
(a) REQUIREMENT.—Section 2922g of title 10, United
States Code, is amended—
(1) in the heading, by striking ‘‘systems’’ and in-
serting ‘‘systems; purchase or lease of certain
electric and other vehicles’’;
(2) in subsection (a), by striking ‘‘In leasing’’ and
inserting ‘‘During the period preceding October 1, 2035,
in leasing’’;
(3) in subsection (c), by inserting ‘‘, during the pe-
riod specified in subsection (a),’’ after ‘‘from author-
izing’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(d) REQUIREMENT.—Except as provided in subsection
(e), beginning on October 1, 2035, each covered nontactical
vehicle purchased or leased by or for the use of the Depart-
ment of Defense shall be—
‘‘(1) an electric or zero emission vehicle that uses
a charging connector type (or other means to transmit
electricity to the vehicle) that meets applicable industry
accepted standards for interoperability and safety;
‘‘(2) an advanced-biofuel-powered vehicle; or
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‘‘(3) a hydrogen-powered vehicle.
‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES
THAT REDUCE CONSUMPTION OF FOSSIL FUELS.—Notwith-
standing the requirement under subsection (d), beginning on
October 1, 2035, the Secretary of Defense may authorize the
purchase or lease of a covered nontactical vehicle that is not
described in such subsection if the Secretary determines, on
a case-by-case basis, that—
‘‘(1) the technology used in the vehicle to be pur-
chased or leased reduces the consumption of fossil fuels
compared to vehicles that use conventional internal com-
bustion technology;
‘‘(2) the purchase or lease of such vehicle is con-
sistent with the energy performance goals and plan of
the Department of Defense required by section 2911 of
this title; and
‘‘(3) the purchase or lease of a vehicle described in
subsection (d) is impracticable under the circumstances.
‘‘(f) WAIVER.—(1) The Secretary of Defense may waive
the requirement under subsection (d).
‘‘(2) The Secretary of Defense may not delegate the
waiver authority under paragraph (1).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘advanced-biofuel-powered vehicle’ in-
cludes a vehicle that uses a fuel described in section
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9001(3)(A) of the Farm Security and Rural Investment
Act of 2202 (7 U.S.C. 8101(3)(A)).
‘‘(2) The term ‘covered nontactical vehicle’ means
any vehicle—
‘‘(A) that is not a tactical vehicle designed for
use in combat; and
‘‘(B) that is purchased or leased by the De-
partment of Defense pursuant to a contract entered
into, renewed, modified, or amended on or after Oc-
tober 1, 2035.
‘‘(3) The term ‘hydrogen-powered vehicle’ means a
vehicle that uses hydrogen as the main source of motive
power, either through a fuel cell or internal combus-
tion.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter II of chapter 173 of such title
is amended by striking the item relating to section 2922g and
inserting the following new item:
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion sys-
tems; purchase or lease of certain electric and other vehicles.’’.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPART-
MENT OF DEFENSE RELATING TO RENEWABLE
BIOMASS AND BIOGAS.
Section 2924 of title 10, United States Code, is amend-
ed—
(1) in paragraph (6)—
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(A) by redesignating subparagraphs (D)
through (I) as subparagraphs (E) through (J), re-
spectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
‘‘(D) Biogas.’’; and
(2) by adding at the end the following new para-
graphs:
‘‘(7) The term ‘biomass’ has the meaning given the
term ‘renewable biomass’ in section 211(o)(1) of the
Clean Air Act (42 U.S.C. 7545(o)(1)).
‘‘(8) The term ‘biogas’ means biogas as such term
is used in section 211(o)(1)(B)(ii)(V) of the Clean Air
Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).’’.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUC-
TION OF FUEL RELIANCE AND PROMOTION OF EN-
ERGY-AWARE BEHAVIORS.
(a) ESTABLISHMENT.—Subchapter III of chapter 173 of
title 10, United States Code, is amended by adding at the
end the following new section (and conforming the table of
sections at the beginning of such subchapter accordingly):
‘‘§ 2928. Programs on reduction of fuel reliance and pro-
motion of energy-aware behaviors
‘‘(a) ESTABLISHMENT.—Each Secretary of a military
department shall establish a program for the promotion of
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energy-aware behaviors and the reduction of unnecessary fuel
consumption within that military department.
‘‘(b) GOALS.—The goals of the programs established
under subsection (a) shall be as follows:
‘‘(1) To increase operational energy resiliency.
‘‘(2) To decrease energy-related strategic
vulnerabilities and enhance military readiness.
‘‘(3) To integrate sustainability features for new
and existing military installations and other facilities of
the Department.
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the pro-
gram of a military department under subsection (a), the Sec-
retary of the military department shall carry out, with respect
to the military department, and at a minimum, the following:
‘‘(1) The development and implementation of a
strategy for the collection and analysis of data on fuel
consumption, to identify operational inefficiencies and
enable data-driven decision making with respect to fuel
logistics and the reduction of fuel consumption.
‘‘(2) The fostering of an energy-aware culture
across the military department to reduce fuel consump-
tion, including through—
‘‘(A) the incorporation of energy conservation
and resiliency principles into training curricula and
other training materials of the military department,
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including by updating such materials to include in-
formation on the effect of energy-aware behaviors
on improving readiness and combat capability; and
‘‘(B) the review of standard operating proce-
dures, and other operational manuals and proce-
dures, of the military department, to identify proce-
dures that increase fuel consumption with no oper-
ational benefit.
‘‘(3) The integration of operational energy factors
into the wargaming of the military department and re-
lated training activities that involve the modeling of sce-
narios, in accordance with subsection (d), to provide to
participants in such activities realistic data on the risks
and challenges relating to operational energy and fuel lo-
gistics.
‘‘(4) The implementation of data-driven procedures,
operations planning, and logistics, to optimize cargo
transport and refueling operations within the military
department.
‘‘(d) WARGAMING ELEMENTS.—In integrating oper-
ational energy factors into the wargaming and related train-
ing activities of a military department under subsection
(c)(3), the Secretary of the military department shall seek to
ensure that the planning, design, and execution of such ac-
tivities include—
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‘‘(1) coordination with the elements of the military
department responsible for fuel and logistics matters, to
ensure the modeling of energy demand and network risk
during such activities are accurate, taking into account
potential shortfalls and the direct and indirect effects of
the efforts of foreign adversaries to target fuel supply
chains; and
‘‘(2) a focus on improving integrated life-cycle man-
agement processes and fuel supply logistics.’’.
(b) DEADLINE FOR ESTABLISHMENT.—The programs
required under section 2928 of title 10, United States Code,
as added by subsection (a), shall be established by not later
than 180 days after the date of the enactment of this Act.
(c) BRIEFING.—Not later than 180 days after the date
of enactment of this Act, each Secretary of a military depart-
ment shall provide to the congressional defense committees a
briefing on the establishment of the program of the military
department required under such section 2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DE-
TERMINE JOINT REQUIREMENTS FOR FUTURE
OPERATIONAL ENERGY NEEDS OF DEPARTMENT
OF DEFENSE.
Section 352 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1653)
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is amended by adding at the end the following new sub-
section:
‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP TO
DETERMINE JOINT REQUIREMENTS FOR FUTURE OPER-
ATIONAL ENERGY NEEDS OF DEPARTMENT OF DEFENSE.—
‘‘(1) ESTABLISHMENT.—The Secretary of Defense
shall establish a joint working group (in this subsection
referred to as the ‘working group’) to determine joint re-
quirements for future operational energy needs of the
Department of Defense.
‘‘(2) EXECUTIVE AGENT.—The Secretary of the Air
Force shall serve as the executive agent of the working
group.
‘‘(3) REQUIREMENTS SPECIFIED.—
‘‘(A) IN GENERAL.—In determining joint re-
quirements under paragraph (1), the working group
shall address the operational energy needs of each
military department and combatant command to
meet energy needs in all domains of warfare, includ-
ing land, air, sea, space, cyberspace, subsea, and
subterranean environments.
‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—Pri-
ority for joint requirements under paragraph (1)
shall be given to independent operational energy
systems that—
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‘‘(i) are capable of operating in austere
and isolated environments with quick deploy-
ment capabilities; and
‘‘(ii) may reduce conventional air pollution
and greenhouse gas emissions comparable to
systems already in use.
‘‘(4) EXISTING OR NEW PROGRAMS.—The working
group shall address the feasibility of meeting joint re-
quirements determined under paragraph (1) through the
existing energy programs of the Department and make
recommendations for new programs to meet such re-
quirements.
‘‘(5) FOCUS AREAS.—In carrying out the require-
ments under this subsection, the working group shall
focus the efforts of the working group on operational en-
ergy, including—
‘‘(A) micro-reactors and small modular reac-
tors;
‘‘(B) hydrogen-based fuel systems, including
hydrogen fuel cells and hydrogen-based combustion
engines;
‘‘(C) battery storage;
‘‘(D) renewable energy sources;
‘‘(E) retrofits to existing platforms that shall
increase efficiencies; and
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‘‘(F) other technologies and resources that
meet joint requirements determined under para-
graph (1).
‘‘(6) RECOMMENDED PLAN OF ACTION.—
‘‘(A) IN GENERAL.—Not later than 180 days
after the date of the enactment of this subsection,
the Secretary shall submit to the congressional de-
fense committees a report, and provide to the con-
gressional defense committees a classified briefing,
outlining recommendations for programs to meet
joint requirements for future operational energy
needs of the Department of Defense by 2025, 2030,
and 2040.
‘‘(B) FOCUS ON READINESS AND FLEXI-
BILITY.—In submitting the report and providing
the briefing under subparagraph (A), the Secretary
shall—
‘‘(i) address each element of the report or
briefing, as the case may be, in the context of
maintaining or increasing the readiness levels
of the Armed Forces and the flexibility of oper-
ational elements within the Department; and
‘‘(ii) disregard energy sources that do not
increase such readiness and flexibility, with an
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explanation for the reason such sources were
disregarded.
‘‘(C) FORM.—The report under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘advanced nuclear reactor’ has
the meaning given that term in section 951(b) of
the Energy Policy Act of 2005 (42 U.S.C.
16271(b)).
‘‘(B) The term ‘micro-reactor’ means an ad-
vanced nuclear reactor that has an electric power
production capacity that is not greater than 50
megawatts that can be transported via land, air, or
sea transport and can be redeployed.
‘‘(C) The term ‘small modular reactor’ means
an advanced nuclear reactor—
‘‘(i) with a rated capacity of less than 300
electrical megawatts; or
‘‘(ii) that can be constructed and operated
in combination with similar reactors at a single
site.’’.
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SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DE-
FENSE RELATING TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C.
221 note) is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and in-
serting a semicolon;
(2) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the following
new paragraph:
‘‘(3) a calculation of the annual costs to the De-
partment for—
‘‘(A) assistance that is—
‘‘(i) provided to the Federal Emergency
Management Agency or any Federal land man-
agement agency (as such term is defined in
section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)) pursuant
to a request for such assistance and in con-
sultation with the National Interagency Fire
Center; or
‘‘(ii) provided under title 10 or title 32,
United States Code, to any State, territory, or
possession of the United States, regarding ex-
treme weather; and
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‘‘(B) resourcing required to support—
‘‘(i) wildfire response, recovery, or restora-
tion efforts occurring within military installa-
tions or other facilities of the Department; or
‘‘(ii) any Federal agency other than the
Department (including the Federal Emergency
Management Agency and the National Inter-
agency Fire Center) with respect to wildfire re-
sponse, recovery, or restoration efforts, where
such resourcing is not reimbursed.’’.
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR
ENERGY RESILIENCE AT CERTAIN MILITARY IN-
STALLATIONS.
(a) IN GENERAL.—Subject to the availability of appro-
priations for such purpose, each Secretary of a military de-
partment shall ensure that covered prototype and demonstra-
tion projects are conducted at each military installation under
the jurisdiction of that Secretary that is designated by the
Secretary of Defense as an ‘‘Energy Resilience Testbed’’ pur-
suant to subsection (b).
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) NOMINATION.—Each Secretary of a military de-
partment shall nominate military installations under the
jurisdiction of that Secretary for selection under para-
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graph (2), and submit to the Secretary of Defense a list
of such nominations.
(2) SELECTION.—Not later than one year after the
date of the enactment of this Act, the Secretary of De-
fense shall select, from among the lists of nominated
military installations provided by the Secretaries of the
military departments under paragraph (1), at least one
such nominated military installation per military depart-
ment for designation pursuant to paragraph (4).
(3) CONSIDERATIONS.—In selecting military instal-
lations under paragraph (2), the Secretary of Defense
shall, to the extent practicable, take into consideration
the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation
and of the community surrounding the installation.
(C) The energy resources available to support
the installation.
(D) An assessment of any extreme weather
risks or vulnerabilities at the installation and the
community surrounding the installation.
(4) DESIGNATION AS ENERGY RESILIENCE
TESTBED.—Each military installation selected under
paragraph (2) shall be known as an ‘‘Energy Resilience
Testbed’’.
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(c) COVERED TECHNOLOGIES.—Covered prototype and
demonstration projects conducted at military installations
designated pursuant to subsection (b) shall include the proto-
type and demonstration of technologies in the following areas:
(1) Energy storage technologies, including long-du-
ration energy storage systems.
(2) Technologies to improve building energy effi-
ciency in a cyber-secure manner, such as advanced light-
ing controls, high-performance cooling systems, and
technologies for waste heat recovery.
(3) Technologies to improve building energy man-
agement and control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and
decision making on the installation with respect to all
hazards resilience and hazard analysis, energy use, man-
agement, and the construction of resilient buildings and
infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy
generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including
small modular reactors.
(7) Port electrification and surrounding defense
community infrastructure.
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(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall provide to the appropriate congressional committees a
briefing on the conduct of covered prototype and demonstra-
tion projects at each military installation designated pursuant
to subsection (b). Such briefing shall include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installa-
tion so designated was selected for such designation.
(3) A strategy for commencing the conduct of such
projects at each military installation so designated by
not later than one year after the date of the enactment
of this Act.
(e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—
Beginning not later than one year after the date of the enact-
ment of this Act, covered prototype and demonstration
projects shall be conducted at, and such conduct shall be in-
corporated into the mission of, each military installation des-
ignated pursuant to subsection (b).
(f) RESPONSIBILITY FOR ADMINISTRATION AND OVER-
SIGHT.—Notwithstanding the responsibility of the Secretary
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of Defense to select each military installation for designation
pursuant to subsection (b)(2), the administration and over-
sight of the conduct of covered prototype and demonstration
projects at a military installation so designated, as required
under subsection (a), shall be the responsibility of the Sec-
retary of the military department with jurisdiction over that
military installation.
(g) CONSORTIUMS.—
(1) IN GENERAL.—Each Secretary of a military de-
partment may enter into a partnership with, or seek to
establish, a consortium of industry, academia, and other
entities described in paragraph (2) to conduct covered
prototype and demonstration projects at a military in-
stallation that is under the jurisdiction of that Secretary
and designated by the Secretary of Defense pursuant to
subsection (b).
(2) CONSORTIUM ENTITIES.—The entities described
in this paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of
which relates to technologies and business models
relating to energy resilience and all hazards resil-
ience.
(h) AUTHORITIES.—
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(1) IN GENERAL.—Covered prototype and dem-
onstration projects required under this section may be
conducted as part of the program for operational energy
prototyping established under section 324(c) of the Wil-
liam M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283;
134 Stat. 3523; 10 U.S.C. 2911 note) (including by
using funds available under the Operational Energy
Prototyping Fund established pursuant to such section),
using the other transactions authority under section
4021 or 4022 of title 10, United States Code, or using
any other available authority or funding source the Sec-
retary of Defense determines appropriate.
(2) FOLLOW-ON PRODUCTION CONTRACTS OR
TRANSACTIONS.—Each Secretary of a military depart-
ment shall ensure that, to the extent practicable, any
transaction entered into under the other transactions au-
thority under section 4022 of title 10, United States
Code, for the conduct of a covered prototype and dem-
onstration project under this section shall provide for the
award of a follow-on production contract or transaction
pursuant to subsection (f) of such section 4022.
(i) INTERAGENCY COLLABORATION.—In carrying out
this section, to the extent practicable, the Secretary of De-
fense shall collaborate with the Secretary of Energy and the
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heads of such other Federal departments and agencies as the
Secretary of Defense may determine appropriate, including
by entering into relevant memoranda of understanding.
(j) RULE OF CONSTRUCTION.—Nothing in this section
shall be construed as precluding any Secretary of a military
department from carrying out any activity, including con-
ducting a project or making an investment, relating to the
improvement of energy resilience or all hazards resilience
under an authority other than this section.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House
of Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate.
(2) The term ‘‘community infrastructure’’ has the
meaning given that term in section 2391(e) of title 10,
United States Code.
(3) The term ‘‘covered prototype and demonstration
project’’ means a project to prototype and demonstrate
advanced technologies to enhance energy resilience, in-
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cluding with respect to energy supply disruptions, and
all hazards resilience at a military installation.
(4) The term ‘‘military installation’’ has the mean-
ing given that term in section 2867 of title 10, United
States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC
VEHICLE CHARGING SOLUTIONS TO MITIGATE
GRID STRESS.
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the Secretaries of the military departments, and
in consultation with the Secretary of Energy, shall carry out
a pilot program to develop and test covered infrastructure to
mitigate grid stress caused by electric vehicles through the
implementation and maintenance on certain military installa-
tions of charging stations, microgrids, and other covered in-
frastructure sufficient to cover the energy demand at such in-
stallations.
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) SELECTION.—Not later than 180 days after the
date of the enactment of this Act, each Secretary of a
military department shall—
(A) select at least one military installation of
each Armed Force under the jurisdiction of that
Secretary at which to carry out the pilot program
under subsection (a); and
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(B) submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate
a notification containing an identification of each
such selected installation.
(2) CONSIDERATIONS.—In choosing a military in-
stallation for selection pursuant to paragraph (1), each
Secretary of a military department shall take into ac-
count the following:
(A) A calculation of existing loads at the in-
stallation and the existing capacity of the installa-
tion for the charging of electric vehicles, including
(as applicable) light duty trucks.
(B) Any required upgrades to covered infra-
structure on the installation, including electrical
wiring, anticipated by the Secretary.
(C) The ownership, financing, operation, and
maintenance models of existing and planned covered
infrastructure on the installation.
(D) An assessment of local grid needs, and any
required updates relating to such needs anticipated
by the Secretary.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the
date on which a Secretary of a military department sub-
mits a notification identifying a selected military instal-
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lation under subsection (b), that Secretary shall submit
to the Committee on Armed Services and the Committee
on Energy and Commerce of the House of Representa-
tives and the Committee on Armed Services of the Sen-
ate a report on—
(A) the covered infrastructure to be imple-
mented under the pilot program at the installation;
(B) the methodology by which each type of cov-
ered infrastructure so implemented shall be as-
sessed for efficacy and efficiency at providing suffi-
cient energy to cover the anticipated energy demand
of the electric vehicle fleet at the installation and
mitigating grid stress; and
(C) the maintenance on the military installa-
tion of charging stations and other covered infra-
structure, including a microgrid, that will be suffi-
cient to—
(i) cover the anticipated electricity de-
mand of such fleet; and
(ii) improve installation energy resilience.
(2) ELEMENTS.—Each report under paragraph (1)
shall include, with respect to the selected military instal-
lation for which the report is submitted, the following:
(A) A determination of the type and number of
charging stations to implement on the installation,
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taking into account the interoperability of chargers
and the potential future needs or applications for
chargers, such as vehicle-to-grid or vehicle-to-build-
ing applications.
(B) A determination of the optimal ownership
model to provide charging stations on the installa-
tion, taking into account the following:
(i) Use of Government-owned (purchased,
installed, and maintained) charging stations.
(ii) Use of third-party financed, installed,
operated, and maintained charging stations.
(iii) Use of financing models in which en-
ergy and charging infrastructure operations
and maintenance are treated as a service.
(iv) Cyber and physical security consider-
ations and best practices associated with dif-
ferent ownership, network, and control models.
(C) A determination of the optimal power
source to provide charging stations at the installa-
tion, taking into account the following:
(i) Transformer and substation require-
ments.
(ii) Microgrids and distributed energy to
support both charging requirements and energy
storage.
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(3) SOURCE OF SERVICES.—Each Secretary of a
military department may use expertise within the mili-
tary department or enter into a contract with a non-De-
partment of Defense entity to make the determinations
specified in paragraph (2).
(d) FINAL REPORT.—Not later than January 1, 2025,
the Secretary of Defense shall submit to the congressional
committees specified in subsection (c)(1) a final report on the
pilot program under subsection (a). Such report shall include
the observations and findings of the Department relating to
the charging stations and other covered infrastructure imple-
mented and maintained under such pilot program, including
with respect to the elements specified in subsection (c)(2).
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘military de-
partments’’ have the meanings given those terms in sec-
tion 101 of title 10, United States Code.
(2) The term ‘‘charging station’’ means a collection
of one or more electric vehicle supply equipment units
serving the purpose of charging an electric vehicle bat-
tery.
(3) The term ‘‘covered infrastructure’’—
(A) means infrastructure that the Secretary of
Defense determines may be used to—
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(i) charge electric vehicles, including by
transmitting electricity to such vehicles di-
rectly; or
(ii) support the charging of electric vehi-
cles, including by supporting the resilience of
grids or other systems for delivering energy to
such vehicles (such as through the mitigation
of grid stress); and
(B) includes—
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the
specific purpose of delivering energy to an elec-
tric vehicle or to a battery intended to be used
in an electric vehicle, including wireless charg-
ing technologies.
(4) The term ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses
a combination of electric and gas powered engine
that can use either gasoline or electricity as a fuel
source; and
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(B) a plug-in electric vehicle that runs solely
on electricity and does not contain an internal com-
bustion engine or gas tank.
(5) The term ‘‘electric vehicle supply equipment
unit’’ means the port that supplies electricity to one ve-
hicle at a time.
(6) The term ‘‘microgrid’’ means a group of inter-
connected loads and distributed energy resources within
clearly defined electrical boundaries that acts as a single
controllable entity with respect to the grid.
(7) The term ‘‘military installation’’ has the mean-
ing given that term in section 2801 of title 10, United
States Code.
(8) The term ‘‘wireless charging’’ means the charg-
ing of a battery by inductive charging or by any means
in which a battery is charged without a wire, or plug-
in wire, connecting the power source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION
FUEL.
(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—Subject to the availability of ap-
propriations for such purpose, the Secretary of Defense
shall conduct a pilot program on the use of sustainable
aviation fuel by the Department of Defense (in this sec-
tion referred to as the ‘‘pilot program’’).
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(2) DESIGN OF PROGRAM.—The pilot program shall
be designed to—
(A) identify any logistical challenges with re-
spect to the use of sustainable aviation fuel by the
Department;
(B) promote understanding of the technical
and performance characteristics of sustainable avia-
tion fuel when used in a military setting; and
(C) engage nearby commercial airports to ex-
plore opportunities and challenges to partner on the
increased use of sustainable aviation fuel.
(b) SELECTION OF FACILITIES.—
(1) SELECTION.—
(A) IN GENERAL.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary of Defense shall select not fewer than two
geographically diverse facilities of the Department
at which to carry out the pilot program.
(B) ONSITE REFINERY.—Not fewer than one
facility selected under subparagraph (A) shall be a
facility with an onsite refinery that is located in
proximity to not fewer than one major commercial
airport that is also actively seeking to increase the
use of sustainable aviation fuel.
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(2) NOTICE TO CONGRESS.—Upon the selection of
each facility under paragraph (1), the Secretary shall
submit to the appropriate congressional committees no-
tice of the selection, including an identification of the fa-
cility selected.
(c) USE OF SUSTAINABLE AVIATION FUEL.—
(1) PLANS.—For each facility selected under sub-
section (b), not later than one year after the selection of
the facility, the Secretary shall—
(A) develop a plan on how to implement, by
September 30, 2028, a target of exclusively using at
the facility aviation fuel that is blended to contain
not less than 10 percent sustainable aviation fuel;
(B) submit the plan developed under subpara-
graph (A) to the appropriate congressional commit-
tees; and
(C) provide to the appropriate congressional
committees a briefing on such plan that includes, at
a minimum—
(i) a description of any operational, infra-
structure, or logistical requirements, and rec-
ommendations, for the blending and use of sus-
tainable aviation fuel; and
(ii) a description of any stakeholder en-
gagement in the development of the plan, in-
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cluding any consultations with nearby commer-
cial airport owners or operators.
(2) IMPLEMENTATION OF PLANS.—For each facility
selected under subsection (b), during the period begin-
ning on a date that is not later than September 30,
2028, and for five years thereafter, the Secretary shall
require, in accordance with the respective plan developed
under paragraph (1), the exclusive use at the facility of
aviation fuel that is blended to contain not less than 10
percent sustainable aviation fuel.
(d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—Sus-
tainable aviation fuel used under the pilot program shall meet
the following criteria:
(1) Such fuel shall be produced in the United
States from domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that
meets all specifications and performance requirements of
the Department of Defense and the Armed Forces.
(e) WAIVER.—The Secretary may waive the use of sus-
tainable aviation fuel at a facility under the pilot program if
the Secretary—
(1) determines such use is not feasible due to a lack
of domestic availability of sustainable aviation fuel or a
national security contingency; and
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(2) submits to the congressional defense committees
notice of such waiver and the reasons for such waiver.
(f) FINAL REPORT.—
(1) IN GENERAL.—At the conclusion of the pilot
program, the Assistant Secretary of Defense for Energy,
Installations, and Environment shall submit to the ap-
propriate congressional committees a final report on the
pilot program.
(2) ELEMENTS.—The report under paragraph (1)
shall include each of the following:
(A) An assessment of the effect of using sus-
tainable aviation fuel on the overall fuel costs of
blended fuel.
(B) A description of any operational, infra-
structure, or logistical requirements, and rec-
ommendations, for the blending and use of sustain-
able aviation fuel, with a focus on scaling up adop-
tion of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how mili-
tary installations can leverage proximity to commer-
cial airports and other jet fuel consumers to in-
crease the rate of use of sustainable aviation fuel,
for both military and non-military use, including po-
tential collaboration on innovative financing or pur-
chasing and shared supply chain infrastructure.
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(D) A description of the effects on performance
and operation of aircraft using sustainable aviation
fuel, including—
(i) if used, considerations of various
blending ratios and the associated benefits
thereof;
(ii) efficiency and distance improvements
of flights using sustainable aviation fuel;
(iii) weight savings on large transpor-
tation aircraft and other types of aircraft by
using blended fuel with higher concentrations
of sustainable aviation fuel;
(iv) maintenance benefits of using sustain-
able aviation fuel, including with respect to en-
gine longevity;
(v) the effect of the use of sustainable
aviation fuel on emissions and air quality;
(vi) the effect of the use of sustainable
aviation fuel on the environment and on sur-
rounding communities, including environmental
justice factors that are created by the demand
for and use of sustainable aviation fuel by the
Department of Defense; and
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(vii) benefits with respect to job creation
in the sustainable aviation fuel production and
supply chain.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional commit-
tees’’ means the following:
(A) The Committee on Armed Services and the
Committee on Transportation and Infrastructure of
the House of Representatives.
(B) The Committee on Armed Services and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
(2) The term ‘‘sustainable aviation fuel’’ has the
meaning given such term in section 40007(e) of the Act
titled ‘An Act to provide for reconciliation pursuant to
title II of S. Con. Res. 14’ (Public Law 117–169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT AD-
VANCED BATTERIES THROUGH RECYCLING.
(a) POLICY REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Assistant Secretary
of Defense for Energy, Installations, and Environment, in co-
ordination with the Director of the Defense Logistics Agency,
shall establish a policy to increase the disposition of spent ad-
vanced batteries of the Department of Defense through recy-
cling (including by updating the Department of Defense Man-
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ual 4160.21, titled ‘‘Defense Material Disposition: Disposal
Guidance and Procedures’’, or such successor document, ac-
cordingly), for the purpose of supporting the reclamation and
return of precious metals, rare earth metals, and elements of
strategic importance (such as cobalt and lithium) into the
supply chain or strategic reserves of the United States.
(b) CONSIDERATIONS.—In developing the policy under
subsection (a), the Assistant Secretary shall consider, at a
minimum, the following recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and
upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FOR-
MERLY USED DEFENSE SITES PROGRAMS.
(a) GUIDANCE RELATING TO SITE PRIORITIZATION.—
The Assistant Secretary of Defense for Energy, Installations,
and Environment shall issue guidance setting forth how, in
prioritizing sites for activities funded under the ‘‘Environ-
mental Restoration Account, Formerly Used Defense Sites’’
account established under section 2703(a)(5) of title 10,
United States Code, the Assistant Secretary shall weigh the
relative risk or other factors between Installation Restoration
Program sites and Military Munitions Response Program
sites.
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(b) TARGET GOAL FOR MILITARY MUNITIONS RE-
SPONSE PROGRAM.—The Assistant Secretary of Defense for
Energy, Installations, and Environment shall establish a tar-
get goal for the completion of the cleanup of all Military Mu-
nitions Response Program sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND
EFFECT ON MILITARY INSTALLATIONS.
(a) INSTALLATION ANALYSIS.—Each Secretary of a mili-
tary department shall conduct an analysis of the military in-
stallations under the jurisdiction of that Secretary to assess
the extent to which heat islands affect readiness, infrastruc-
ture service life, and utilities costs. Each such analysis shall
contain each of the following:
(1) An analysis of how heat islands exacerbate sum-
mer heat conditions and necessitate the increased use of
air conditioning on the installations, including an esti-
mate of the cost of such increased usage with respect to
both utilities costs and shortened service life of air con-
ditioning units.
(2) An assessment of any readiness effects related
to heat islands, including the loss of training hours due
to black flag conditions, and the corresponding cost of
such effects.
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(b) PLAN.—Based on the results of the analyses con-
ducted under subsection (a), the Secretaries of the military
departments shall jointly—
(1) develop a plan for mitigating the effects of heat
islands at the most severely affected installations, includ-
ing by increasing tree coverage, installing cool roofs or
green roofs, and painting asphalt; and
(2) promulgate best practices enterprise-wide for
cost avoidance and reduction of the effects of heat is-
lands.
(c) BRIEFING.—Not later than September 30, 2024, the
Secretaries of the military departments shall jointly provide
to the congressional defense committees a briefing on—
(1) the findings of each analysis conducted under
subsection (a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine
appropriate.
(d) HEAT ISLAND DEFINED.—The term ‘‘heat island’’
means an area with a high concentration of structures (such
as building, roads, and other infrastructure) that absorb and
re-emit the sun’s heat more than natural landscapes such as
forests or bodies of water.
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SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VE-
HICLE FLEET OF DEPARTMENT OF DEFENSE WITH
ELECTRIC VEHICLES, ADVANCED-BIOFUEL-POW-
ERED VEHICLES, OR HYDROGEN-POWERED VEHI-
CLES.
(a) IN GENERAL.—Until the date on which the Sec-
retary of Defense submits to the Committees on Armed Serv-
ices of the House of Representatives and the Senate the re-
port described in subsection (b), the Secretary may not enter
into an indefinite delivery-indefinite quantity delivery order
contract to procure and replace the existing non-tactical vehi-
cle fleet of the Department of Defense with electric vehicles,
advanced-biofuel-powered vehicles, or hydrogen-powered vehi-
cles.
(b) ELEMENTS.—The report described in this subsection
shall include the following:
(1) A cost estimate for the procurement by the Sec-
retary of Defense, or through contract mechanisms used
by the Department (such as energy savings performance
contracts), of electric non-tactical vehicles to replace the
existing non-tactical vehicle fleet of the Department,
which shall include—
(A) an estimated cost per unit and number of
units to be procured of each type of electric non-
tactical vehicle (such as trucks, buses, and vans);
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(B) the cost associated with building the re-
quired infrastructure to support electric non-tactical
vehicles, including charging stations and electric
grid requirements;
(C) a lifecycle cost comparison between electric
vehicles and combustion engine vehicles of each type
(such as an electric truck versus a conventional
truck);
(D) maintenance requirements of electric vehi-
cles compared to combustion engine vehicles; and
(E) for each military department, a cost com-
parison over periods of three, five, and 10 years of
pursuing an electric non-tactical vehicle fleet versus
continuing with combustion engine non-tactical ve-
hicles.
(2) An assessment of the current and projected sup-
ply chain shortfalls, including critical minerals, for elec-
tric vehicles and combustion engine vehicles.
(3) An assessment of the security risks associated
with data collection conducted with respect to electric ve-
hicles, combustion engine vehicles, and the related com-
puter systems for each.
(4) An assessment of the current range require-
ments for electric vehicles compared to combustion en-
gine vehicles and the average life of vehicles of the De-
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partment necessary to maintain current readiness re-
quirements of the Department.
(5) An identification of components for electric non-
tactical vehicles, advanced-biofuel-powered vehicles, hy-
drogen-powered vehicles, and combustion engine vehicles
that are currently being sourced from the People’s Re-
public of China.
(6) An assessment of the mid- and long-term costs
and benefits to the Department of falling behind indus-
try trends related to the adoption of alternative fuel ve-
hicles including electric vehicles, hydrogen-powered vehi-
cles, and advanced-biofuel-powered vehicles.
(7) An assessment of the long-term availability to
the Department of internal combustion engines and
spare parts for such engines, including whether or not
such engines and spare parts will be manufactured in
the United States or repairable with parts made in the
United States and labor in the United States.
(8) An assessment of the relative risks associated
with parking and storing electric vehicles, hydrogen-pow-
ered vehicles, advanced-biofuel-powered vehicles, and
combustion engine vehicles inside parking structures, in-
cluding fire risk and water damage.
(c) ADDITIONAL PROHIBITION.—None of the funds au-
thorized to be appropriated by this Act or otherwise made
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available for the Department of Defense may be obligated or
expended to procure non-tactical vehicles that are electric ve-
hicles, advanced-biofuel-powered vehicles, or hydrogen-pow-
ered vehicles, or any components or spare parts associated
with such vehicles, that are not in compliance with subpart
22.15 of the Federal Acquisition Regulation (or any successor
regulations).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘advanced-biofuel-powered vehicle’’ in-
cludes a vehicle that uses a fuel described in section
9001(3)(A) of the Farm Security and Rural Investment
Act of 2202 (7 U.S.C. 8101(3)(A)).
(2) The term ‘‘charging station’’ means a parking
space with electric vehicle supply equipment that sup-
plies electric energy for the recharging of electric vehi-
cles with at least a level two charger.
(3) The term ‘‘electric grid requirements’’ means
the power grid and infrastructure requirements needed
to support plug-in electric vehicles and vehicle-to-grid re-
quirements.
(4) The term ‘‘electric non-tactical vehicle’’ means
a non-tactical vehicle that is an electric vehicle.
(5) The terms ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses
a combination of electric and gas powered engine
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that can use either gasoline or electricity as a fuel
source; and
(B) a plug-in electric vehicle that runs solely
on electricity and does not contain an internal com-
bustion engine or gas tank.
(6) The term ‘‘hydrogen-powered vehicle’’ means a
vehicle that uses hydrogen as the main source of motive
power, either through a fuel cell or internal combustion.
(7) The term ‘‘non-tactical vehicle’’ means a vehicle
other than a tactical vehicle.
(8) The term ‘‘tactical vehicle’’ means a motor vehi-
cle designed to military specification, or a commercial
design motor vehicle modified to military specification, to
provide direct transportation support of combat or tac-
tical operations, or for the training of personnel for such
operations.
Subtitle C—Red Hill Bulk Fuel
Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FA-
CILITY.
(a) DEADLINE FOR COMPLETION OF DEFUELING.—
(1) IN GENERAL.—The Secretary of Defense shall
complete the defueling of the Red Hill Bulk Fuel Stor-
age Facility in a safe and expeditious manner by a dead-
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line that is approved by the State of Hawaii Department
of Health.
(2) REPORT.—Not later than 30 days after the date
of the enactment of this Act, and quarterly thereafter
until the completion of the defueling of the Red Hill
Bulk Fuel Storage Facility, the Secretary of Defense
shall submit to the congressional defense committees,
and make publicly available on an appropriate website of
the Department of Defense, a report on the status of
such defueling.
(b) PLANNING AND IMPLEMENTATION OF
DEFUELING.—The Secretary of Defense shall plan for and
implement the defueling of the Red Hill Bulk Fuel Storage
Facility in consultation with the Administrator of the Envi-
ronmental Protection Agency and the State of Hawaii De-
partment of Health.
(c) NOTIFICATION REQUIREMENT.—The Secretary of
Defense may not begin the process of defueling the Red Hill
Bulk Storage Facility until the date on which the Secretary
submits to the congressional defense committees a notifica-
tion that such defueling would not adversely affect the ability
of the Department of Defense to provide fuel to support mili-
tary operations in the area of responsibility of the United
States Indo-Pacific Command.
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SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND
STORAGE TANK SYSTEM AT RED HILL BULK FUEL
STORAGE FACILITY.
(a) AUTHORIZATION.—The Secretary of Defense may
close the underground storage tank system at the Red Hill
Bulk Fuel Storage Facility of the Department of Defense lo-
cated in Hawaii (in this section referred to as the ‘‘Facility’’).
(b) PLAN FOR FACILITY CLOSURE AND POST-CLOSURE
CARE.—
(1) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of the
Navy shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a plan
for—
(A) the closure of the Facility, along with a re-
port on the cost projections for such closure;
(B) monitoring of the Facility following clo-
sure;
(C) corrective actions to mitigate fuel releases
of groundwater at the Facility, including resources
necessary for the Secretary of the Navy to conduct
such actions at the Facility;
(D) coordination and communication with ap-
plicable Federal and State regulatory authorities,
and surrounding communities, on release response
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and remediation activities conducted by the Sec-
retary of the Navy at the Facility;
(E) improvements to processes, procedures, or-
ganization, training, leadership, education, facilities,
and policy of the Department of Defense related to
best practices for the remediation and closure of the
Facility; and
(F) measures to ensure that future strategic
level assets of the Department of Defense are prop-
erly maintained and critical environmental assets
are protected.
(2) PREPARATION OF PLAN.—The Secretary of the
Navy shall prepare the plan required under paragraph
(1) in consultation with the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agen-
cies the Secretary considers appropriate.
(c) IDENTIFICATION OF POINT OF CONTACT AT DE-
PARTMENT OF DEFENSE.—Not later than 60 days after the
date of the enactment of this Act, to ensure clear and con-
sistent communication relating to defueling, closure, and re-
lease response, the Secretary of Defense shall identify a sin-
gle point of contact within the Office of the Secretary of De-
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fense to oversee and communicate with the public and Mem-
bers of Congress regarding the status of the Facility.
(d) WATER MONITORING BRIEFING.—Not later than 60
days after the date of the enactment of this Act, the Sec-
retary of the Navy shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on the status of the ground water monitoring pro-
gram—
(1) to monitor movement of the fuel plume in the
aquifer surrounding the Facility;
(2) to monitor long-term impacts to such aquifer
and local water bodies resulting from fuel releases from
the Facility; and
(3) to coordinate with the Agency for Toxic Sub-
stances and Disease Registry of the Department of
Health and Human Services as the Agency conducts a
follow up to the previously conducted voluntary survey of
individuals and entities potentially impacted by fuel re-
leases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE
TO UNITED STATES INDO-PACIFIC COMMAND.
(a) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2023 for the Office of the Secretary of Defense for adminis-
tration and service-wide activities, not more than 90 percent
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may be obligated or expended until the Secretary of Defense
submits to the congressional defense committees a report that
includes the following elements:
(1) The bulk fuel requirements of the United States
Indo-Pacific Command associated with the operational
plans of the command that involve the most stress on
bulk fuel, disaggregated by theater component com-
mander, as such term is defined in section 1513 of title
10, United States Code, implementing the requirement.
(2) The hardening requirements of the United
States Indo-Pacific Command associated with the dis-
tribution of bulk fuel to support the proposed force
laydown in the area of responsibility of such command.
(3) A bulk fuels connector strategy to reposition
fuels within the area of responsibility of such command,
which shall include a specific assessment of the fol-
lowing:
(A) The overall bulk fuel requirements for the
force structure of the surface fleet tankers of the
Navy and any specific requirements associated with
the proposed force laydown specified in paragraph
(2).
(B) The intra-theater connector strategy of the
Department of Defense to logistically support the-
ater-specific bulk fuel requirements.
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(C) The bulk fuel requirements for light am-
phibious warfare ships.
(4) An identification of the funding mechanisms
used, or proposed to be used, to meet each of the re-
quirements specified in paragraphs (1) through (3), in-
cluding programmed and unfunded requirements, and a
description of any additional staffing or resources nec-
essary to meet such requirements.
(5) A risk assessment of the potential risk associ-
ated with the denial of access to bulk fuel storage facili-
ties located in foreign countries, including a specific as-
sessment of clauses in contracts entered into by the Di-
rector of the Defense Logistics Agency that provide for
surety of access to such storage facilities, taking into ac-
count the insurance sought with respect to such surety
and the anticipated penalties for failing to provide such
surety.
(b) INCLUSION IN SEPARATE REPORTS.—An element
listed in paragraphs (1) through (5) of subsection (a) shall
be deemed to be included in the report under subsection (a)
if included in a separate report submitted to the congres-
sional defense committees on or before the date of the sub-
mission of the report under such subsection.
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(c) FORM.—The report under subsection (a) shall be
submitted in an unclassified and publicly releasable form, but
may contain a classified annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN
PROXIMITY TO RED HILL BULK FUEL STORAGE
FACILITY.
(a) IN GENERAL.—Not later than April 1, 2023, the
Secretary of the Navy, in coordination with the Director of
the United States Geological Survey and the Administrator of
the Environmental Protection Agency, shall submit to the
congressional defense committees a report on the placement
of sentinel or monitoring wells in proximity to the Red Hill
Bulk Fuel Storage Facility for the purpose of monitoring and
tracking the movement of fuel that has escaped the Facility.
Such report shall include—
(1) the number and location of new wells that have
been established during the 12-month period preceding
the date of the submission of the report;
(2) an identification of any new wells proposed to
be established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such
additional wells; and
(5) the priority level of each proposed well based
on—
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(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist
in monitoring and tracking the movement of fuel to-
ward the Halawa shaft, the Halawa Well, and the
Aiea Well.
(b) QUARTERLY BRIEFINGS.—Not later than 30 days
after the submission of the report under subsection (a), and
every 90 days thereafter for 12 months, the Secretary of the
Navy shall provide to the congressional defense committees a
briefing on the progress of the Department of the Navy to-
ward installing the wells described in paragraphs (2) and (3)
of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED
FORCES ON OAHU.
(a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
(1) IN GENERAL.—Not later than July 31, 2023,
the Secretary of Defense shall conduct a study on how
the Department of Defense may best address the future
water needs of the Armed Forces on the island of Oahu.
Such study shall include consideration of—
(A) the construction of a new water treatment
plant or plants;
(B) the construction of a new well for use by
members of the Armed Forces and the civilian pop-
ulation;
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(C) the construction of a new well for the ex-
clusive use of members of the Armed Forces;
(D) transferring ownership and operation of
existing Department of Defense utilities to a mu-
nicipality or existing publicly owned utility;
(E) conveying certain Navy utilities to the
Honolulu Board of Water Supply; and
(F) any other water solutions the Secretary of
Defense determines appropriate.
(2) CONSULTATION.—In carrying out the study
under paragraph (1), the Secretary of Defense shall con-
sult with the Administrator of the Environmental Pro-
tection Agency, the State of Hawaii, the Honolulu Board
of Water Supply, and any other entity the Secretary of
Defense determines appropriate.
(3) REPORT; BRIEFING.—Upon completion of the
study under paragraph (1), the Secretary of Defense
shall—
(A) submit to the appropriate congressional
committees a report on the findings of the study;
and
(B) provide to the appropriate congressional
committees a briefing on such findings.
(b) HYDROLOGICAL STUDIES.—
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(1) GROUNDWATER FLOW MODEL STUDY.—Not
later than July 31, 2023, the Secretary of the Navy, in
consultation with the Administrator of the Environ-
mental Protection Agency, the Director of the United
States Geological Survey, and the State of Hawaii, shall
commence the conduct of a new study, or continue an
existing study, to further refine the modeling of ground-
water flow in the area surrounding the Red Hill Bulk
Fuel Storage Facility. Such study shall be designed to—
(A) seek to improve the understanding of the
direction and rate of groundwater flow and dis-
solved fuel migration within the aquifers in the area
surrounding the facility;
(B) reflect site-specific data, including avail-
able data of the heterogeneous subsurface geologic
system of such area; and
(C) address previously identified deficiencies in
existing groundwater flow models.
(2) DEADLINES FOR COMPLETION.—
(A) GROUNDWATER FLOW MODEL STUDY.—
The study under paragraph (1) shall be completed
by not later than one year after the date of the en-
actment of this Act.
(B) SUBSEQUENT STUDY.—Not later than one
year after the date on which the study under para-
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graph (1) is completed, the Secretary of the Navy
shall complete a subsequent study to model con-
taminant fate and transport in the area sur-
rounding the Red Hill Bulk Fuel Storage Facility.
(3) REPORTS; BRIEFINGS.—Upon completion of a
study under this subsection, the Secretary of the Navy
shall—
(A) submit to the congressional defense com-
mittees a report on the findings of the study; and
(B) provide to the congressional defense com-
mittees a briefing on such findings.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congressional
committees’’ means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of
the House of Representatives.
(3) The Committee on Environment and Public
Works of the Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK
FUEL STORAGE FACILITY.
(a) STUDY REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of De-
fense shall seek to enter into an agreement with a feder-
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ally funded research and development center that meets
the criteria specified in paragraph (2) under which such
center will conduct a study to determine the range of
feasible alternative Department of Defense uses for the
Red Hill Bulk Fuel Storage Facility and provide to the
Secretary a report on the findings of the study. The con-
duct of such study shall include—
(A) engagement with stakeholders;
(B) a review of historical alternative uses of fa-
cilities with similar characteristics; and
(C) such other modalities as determined nec-
essary to appropriately identify alternative use op-
tions, including data and information collected from
various stakeholders and through site visits to phys-
ically inspect the facility.
(2) CRITERIA FOR FFRDC.—The federally funded
research and development center with which the Sec-
retary seeks to enter into an agreement under paragraph
(1) shall meet the following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and anal-
ysis using a multidisciplinary approach.
(C) Demonstrated specific competencies in—
(i) life cycle cost-benefit analysis;
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(ii) military facilities and how such facili-
ties support missions; and
(iii) the measurement of environmental
impacts.
(D) A strong reputation for publishing publicly
releasable analysis to inform public debate.
(b) COST-BENEFIT ANALYSIS.—An agreement entered
into pursuant to subsection (a) shall specify that the study
conducted under the agreement will include a cost-benefit
analysis of the feasible Department of Defense alternative
uses considered under the study. Such cost-benefit analysis
shall cover each of the following for each such alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and
maintenance costs of operating the facility, such as an-
nual operating costs, predicted maintenance costs, and
any disposal costs at the end of the useful life of the fa-
cility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, in-
cluding any potential employment opportunities for
members of the community.
(5) A determination of environmental impact anal-
ysis requirements.
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(6) The effects of the use on future mitigation ef-
forts.
(7) Any additional factors determined to be relevant
by the federally funded research and development center
in consultation with the Secretary.
(c) DEADLINE FOR COMPLETION.—An agreement en-
tered into pursuant to subsection (a) shall specify that the
study conducted under the agreement shall be completed by
not later than February 1, 2024.
(d) BRIEFING.—Upon completion of a study conducted
under an agreement entered into pursuant to subsection (a),
the Secretary shall provide to the Committees on Armed
Services of the Senate and House of Representatives a brief-
ing on the findings of the study.
(e) PUBLIC AVAILABILITY.—
(1) FFRDC.—An agreement entered into pursuant
to subsection (a) shall specify that the federally funded
research and development center shall make an unclassi-
fied version of the report provided to the Secretary pub-
licly available on an appropriate website of the center.
(2) DEPARTMENT OF DEFENSE.—Upon receipt of
such report, the Secretary shall make an unclassified
version of the report publicly available on an appropriate
website of the Department of Defense.
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SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS
TO TRACK HEALTH IMPLICATIONS OF FUEL
LEAKS AT RED HILL BULK FUEL STORAGE FACIL-
ITY.
(a) BRIEFING.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in con-
sultation with the Secretary of Health and Human Services,
shall provide to the congressional defense committees a brief-
ing on the efforts of the Secretary of Defense to appro-
priately track the health implications of fuel leaks at the Red
Hill Bulk Fuel Storage Facility for members of the Armed
Forces and dependents thereof, including members of each
Armed Force and dependents thereof. The briefing shall in-
clude each of the following:
(1) A plan to coordinate with the Director of the
Centers for Disease Control and Prevention to align
such efforts with the public health assessment and moni-
toring efforts of the Director.
(2) A description of any potential benefits of coordi-
nating and sharing data with the State of Hawaii De-
partment of Health.
(3) An analysis of the extent to which data from
the State of Hawaii Department of Health and data
from other non-Department of Defense sources can and
should be used in any long-term health study relating to
fuel leaks at the Red Hill Bulk Fuel Storage Facility.
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(4) A description of the potential health implica-
tions of contaminants, including fuel, detected in the
drinking water distribution system at the Red Hill Bulk
Fuel Storage Facility during testing after the fuel leaks
at such facility that occurred in May and November
2021, respectively.
(5) A description of any contaminants, including
fuel, detected in the water supply at the Red Hill Bulk
Fuel Storage Facility during the 12-month period pre-
ceding the fuel leak at such facility that occurred in No-
vember 2021.
(6) A description of any potential benefits of broad-
ening the tracing window to include indications of con-
taminants, including fuel, in the drinking water supply
at the Red Hill Bulk Fuel Storage Facility prior to May
2021.
(b) ARMED FORCES DEFINED.—In this section, the
term ‘‘Armed Forces’’ has the meaning given that term in
section 101 of title 10, United States Code.
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Subtitle D—Treatment of
Perfluoroalkyl Substances and
Polyfluoroalkyl Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO
PERFLUOROALKYL OR POLYFLUOROALKYL SUB-
STANCES.
(a) PUBLICATION OF INFORMATION.—
(1) IN GENERAL.—Beginning not later than 180
days after the date of the enactment of this Act, Sec-
retary of Defense shall publish on the publicly available
website established under section 331(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 10 U.S.C. 2701 note) timely and regularly
updated information on the research efforts of the De-
partment of Defense relating to perfluoroalkyl sub-
stances or polyfluoroalkyl substances, which shall include
the following:
(A) A description of any research collaboration
or data sharing by the Department with the De-
partment of Veterans Affairs, the Agency for Toxic
Substances and Disease Registry, or any other
agency (as defined in section 551 of title 5, United
States Code), State, academic institution, non-
governmental organization, or other entity.
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(B) Regularly updated information on research
projects supported or conducted by the Department
of Defense pertaining to the development, testing,
and evaluation of a fluorine-free firefighting foam
or any other alternative to aqueous film forming
foam that contains perfluoroalkyl substances or
polyfluoroalkyl substances, excluding any propri-
etary information that is business confidential.
(C) Regularly updated information on research
projects supported or conducted by the Department
pertaining to the health effects of perfluoroalkyl
substances or polyfluoroalkyl substances, including
information relating to the impact of such sub-
stances on firefighters, veterans, and military fami-
lies, and excluding any personally identifiable infor-
mation.
(D) Regularly updated information on research
projects supported or conducted by the Department
pertaining to treatment options for drinking water,
surface water, ground water, and the safe disposal
of perfluoroalkyl substances or polyfluoroalkyl sub-
stances.
(E) Budget information, including specific
spending information for the research projects relat-
ing to perfluoroalkyl substances or polyfluoroalkyl
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substances that are supported or conducted by the
Department.
(F) Such other matters as may be relevant to
ongoing research projects supported or conducted
by the Department to address the use of
perfluoroalkyl substances or polyfluoroalkyl sub-
stances and the health effects of the use of such
substances.
(2) FORMAT.—The information published under
paragraph (1) shall be made available in a downloadable,
machine-readable, open, and user-friendly format.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘military installation’’ includes
active, inactive, and former military installations.
(B) The term ‘‘perfluoroalkyl substance’’
means a man-made chemical of which all of the car-
bon atoms are fully fluorinated carbon atoms.
(C) The term ‘‘polyfluoroalkyl substance’’
means a man-made chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated
carbon atoms, and nonfluorinated carbon atoms.
(b) INCLUSION OF RESEARCH DUTIES IN
PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES TASK FORCE.—Section 2714(e) of title 10,
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United States Code, is amended by adding at the end the fol-
lowing new paragraphs:
‘‘(5) Supporting research efforts relating to
perfluoroalkyl substances or polyfluoroalkyl substances.
‘‘(6) Establishing practices to ensure the timely and
complete dissemination of research findings and related
data relating to perfluoroalkyl substances or
polyfluoroalkyl substances to the general public.’’.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING
OF STUDY AND ASSESSMENT ON HEALTH IMPLI-
CATIONS OF PER- AND POLYFLUOROALKYL SUB-
STANCES CONTAMINATION IN DRINKING WATER
BY AGENCY FOR TOXIC SUBSTANCES AND DIS-
EASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat.
1350), as amended by section 315(a) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1713), section 321 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 133 Stat. 1307), section 337 of the
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283; 134
Stat. 3533), and section 342 of the National Defense Author-
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ization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1643), is further amended—
(1) in clause (ii), by striking ‘‘2023’’ and inserting
‘‘2022’’; and
(2) by adding at the end the following new clause:
‘‘(iii) Without regard to section 2215 of title
10, United States Code, the Secretary of Defense
may transfer not more than $20,000,000 during fis-
cal year 2023 to the Secretary of Health and
Human Services to pay for the study and assess-
ment required by this section.’’.
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
TAINING TURNOUT GEAR.
Section 330 of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3528;
10 U.S.C. 2661 note prec.) is amended—
(1) in subsection (a)—
(A) by striking ‘‘of a non-PFAS-containing’’
and inserting ‘‘of the following:’’
‘‘(1) A non-PFAS-containing’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) Covered personal protective firefighting equip-
ment that does not contain an intentionally added
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perfluoroalkyl substance or polyfluoroalkyl substance.’’;
and
(2) by amending subsection (f) to read as follows:
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘perfluoroalkyl substance’ means a
man-made chemical of which all of the carbon atoms are
fully fluorinated carbon atoms.
‘‘(2) The term ‘polyfluoroalkyl substance’ means a
man-made chemical containing at least one fully
fluorinated carbon atom and at least one non-fully
fluorinated carbon atom.
‘‘(3) The term ‘covered personal protective fire-
fighting equipment’’ means the following:
‘‘(A) Turnout gear jacket or coat.
‘‘(B) Turnout gear pants.
‘‘(C) Turnout coveralls.
‘‘(D) Any other personal protective firefighting
equipment, as determined by the Secretary of De-
fense, in consultation with the Administrator of the
United States Fire Administration.’’.
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SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF
RESULTS OF TESTING FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES ON PRIVATE
PROPERTY.
Section 345(a)(2) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
2715 note) is amended by inserting ‘‘personally identifiable
information in connection with’’ after ‘‘publicly disclose’’.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY
DEPARTMENT OF DEFENSE OF TURNOUT GEAR
FOR FIREFIGHTERS CONTAINING
PERFLUOROALKYL SUBSTANCES OR
POLYFLUOROALKYL SUBSTANCES.
(a) PROHIBITION ON PROCUREMENT AND PUR-
CHASING.—Subject to subsection (d), beginning on October 1,
2026, the Secretary of Defense may not enter into a contract
to procure or purchase covered personal protective fire-
fighting equipment for use by Federal or civilian firefighters
if such equipment contains an intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(b) IMPLEMENTATION.—
(1) INCLUSION IN CONTRACTS.—The Secretary of
Defense shall include the prohibition under subsection
(a) in any contract entered into by the Department of
Defense to procure covered personal protective fire-
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fighting equipment for use by Federal or civilian fire-
fighters.
(2) NO OBLIGATION TO TEST.—In carrying out the
prohibition under subsection (a), the Secretary shall not
have an obligation to test covered personal protective
firefighting equipment to confirm the absence of
perfluoroalkyl substances or polyfluoroalkyl substances.
(c) EXISTING INVENTORY.—Nothing in this section shall
impact existing inventories of covered personal protective fire-
fighting equipment.
(d) AVAILABILITY OF ALTERNATIVES.—
(1) IN GENERAL.—The requirement under sub-
section (a) shall be subject to the availability of suffi-
ciently protective covered personal protective firefighting
equipment that does not contain intentionally added
perfluoroalkyl substances or polyfluoroalkyl substances.
(2) EXTENSION OF EFFECTIVE DATE.—If the Sec-
retary of Defense determines that no sufficiently protec-
tive covered personal protective firefighting equipment
that does not contain intentionally added perfluoroalkyl
substances or polyfluoroalkyl substances is available, the
deadline under subsection (a) shall be extended until the
Secretary determines that such covered personal protec-
tive firefighting equipment is available.
(e) DEFINITIONS.—In this section:
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(1) The term ‘‘covered personal protective fire-
fighting equipment’’ means—
(A) any product that provides protection to the
upper and lower torso, arms, legs, head, hands, and
feet; or
(B) any other personal protective firefighting
equipment, as determined by the Secretary of De-
fense.
(2) The term ‘‘perfluoroalkyl substance’’ means a
man-made chemical of which all of the carbon atoms are
fully fluorinated carbon atoms.
(3) The term ‘‘polyfluoroalkyl substance’’ means a
man-made chemical containing at least one fully
fluorinated carbon atom and at least one non-fully
fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CER-
TAIN MILITARY INSTALLATIONS FROM SOURCES
OTHER THAN AQUEOUS FILM-FORMING FOAM.
Not later than one year after the date of the enactment
of this Act, and annually thereafter for the following four
years, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense com-
mittees a report on any known or suspected contamination on
or around military installations located in the United States
resulting from the release of any perfluoroalkyl substance or
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polyfluoroalkyl substance originating from a source other
than aqueous film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DE-
PARTMENT OF DEFENSE PROCUREMENT OF CER-
TAIN ITEMS CONTAINING PFOS OR PFOA.
(a) IDENTIFICATION OF CRITICAL USES.—Not later
than June 1, 2023, the Secretary of Defense, in consultation
with the Defense Critical Supply Chain Task Force and the
Chemical and Material Risk Management Program of the De-
partment of Defense, shall submit to the Committees on
Armed Services of the House of Representatives and the Sen-
ate a report outlining the uses of perfluoroalkyl substances
and polyfluoroalkyl substances that are critical to the na-
tional security of the United States, with a focus on such
critical uses in—
(1) the sectors outlined in the February 2022 re-
port of the Department of Defense titled ‘‘Securing De-
fense-Critical Supply Chains’’; and
(2) sectors of strategic importance for domestic pro-
duction and investment to build supply chain resilience,
including kinetic capabilities, energy storage and bat-
teries, and microelectronics and semiconductors.
(b) ANNUAL BRIEFINGS.—Not later than 270 days after
the date of the enactment of this Act, and annually there-
after, the Secretary of Defense shall provide to the Commit-
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tees on Armed Services of the House of Representatives and
the Senate a briefing that includes a description of each of
the following:
(1) Steps taken to identify covered items procured
by the Department of Defense that contain
perfluorooctane sulfonate (PFOS) or perfluorooctanoic
acid (PFOA).
(2) Steps taken to identify products and vendors of
covered items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the De-
partment of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or
PFOA.
(c) COVERED ITEM DEFINED.—In this section, the term
‘‘covered item’’ means—
(1) nonstick cookware or cooking utensils for use in
galleys or dining facilities; and
(2) upholstered furniture, carpets, and rugs that
have been treated with stain-resistant coatings.
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Subtitle E—Logistics and
Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL
READINESS METRICS AND OBJECTIVES FOR
MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) IN GENERAL.—Section 118 of title 10, United
States Code, is amended:
(1) in subsection (d)(2), by striking ‘‘objectives’’
and inserting ‘‘objectives, such as infrastructure, work-
force, or supply chain considerations’’;
(2) redesignating subsection (e) as subsection (f);
and
(3) inserting after subsection (d) the following new
subsection (e):
‘‘(e) FUNDING ESTIMATES.—Not later than five days
after the date on which the Secretary of Defense submits to
Congress the materials in support of the budget of the Presi-
dent for a fiscal year, the Director of Cost Assessment and
Performance Evaluation shall submit to the congressional de-
fense committees a comprehensive estimate of the funds nec-
essary to meet the materiel readiness objectives required by
subsection (c) through the period covered by the most recent
future-years defense program. At a minimum, the Director
shall provide, for each major weapon system, by designated
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mission design series, variant, or class, a comprehensive esti-
mate of the funds necessary to meet such objectives that—
‘‘(1) have been obligated by subactivity group with-
in the operation and maintenance accounts for the sec-
ond fiscal year preceding the budget year;
‘‘(2) the Director estimates will have been obligated
by subactivity group within the operation and mainte-
nance accounts by the end of the fiscal year preceding
the budget year; and
‘‘(3) have been budgeted and programmed across
the future years defense program within the operation
and maintenance accounts by subactivity group.’’.
(b) PHASED IMPLEMENTATION.—The Director of Cost
Assessment and Performance Evaluation may meet the re-
quirements of subsection (e) of section 118 of title 10, United
States Code, as added by subsection (a), through a phased
submission of the funding estimates required under such sub-
section. In conducting a phased implementation, the Director
shall ensure that—
(1) for the budget request for fiscal year 2024,
funding estimates are provided for a representative sam-
ple by military department of at least one-third of the
major weapon systems;
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(2) for the budget request for fiscal year 2025,
funding estimates are provided for an additional one-
third of the major weapon systems; and
(3) full implementation for all major weapons sys-
tems is completed not later than five days after the date
on which the Secretary of Defense submits to Congress
the materials in support of the budget of the President
for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZA-
TION OF NAVAL VESSELS.
(a) ANNUAL PLAN.—Section 231 of title 10, United
States Code, is amended—
(1) in the heading, by inserting ‘‘, maintenance,
and modernization’’ after ‘‘construction’’;
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following
new subsection:
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS.—In addition to the plan
included under subsection (a)(1), the Secretary of Defense
shall include with the defense budget materials for a fiscal
year each of the following:
‘‘(1) A plan for the maintenance and modernization
of naval vessels that includes the following:
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‘‘(A) A forecast of the maintenance and mod-
ernization requirements for both the naval vessels in
the inventory of the Navy and the vessels required
to be delivered under the naval vessel construction
plan under subsection (a)(1).
‘‘(B) A description of the initiatives of the Sec-
retary of the Navy to ensure that activities key to
facilitating the maintenance and modernization of
naval vessels (including with respect to increasing
workforce and industrial base capability and capac-
ity, shipyard level-loading, and facility improve-
ments) receive sufficient resourcing, and are includ-
ing in appropriate planning, to facilitate the re-
quirements specified in subparagraph (A).
‘‘(2) A certification by the Secretary that both the
budget for that fiscal year and the future-years defense
program submitted to Congress in relation to such budg-
et under section 221 of this title provide for funding for
the maintenance and modernization of naval vessels at
a level that is sufficient for such maintenance and mod-
ernization in accordance with the plan under paragraph
(1).’’; and
(4) in subsection (f), as redesignated by paragraph
(2), by inserting ‘‘ and the plan and certification under
subsection (d)’’ after ‘‘subsection (a)’’.
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(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 9 of title 10, United States Code,
is amended by striking the item relating to section 231 and
inserting the following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT
MEDICAL ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (11) as paragraph
(12); and
(2) by inserting after paragraph (10) the following
new paragraph:
‘‘(11) A summary of the joint medical estimate
under section 732(b)(1) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 132 Stat. 1817) prepared by the Joint
Staff Surgeon, with a mitigation plan to correct any
readiness problem or deficiency and the timeline, cost,
and any legislative action required to correct any such
problem or deficiency.’’.
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SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIM-
ITATION FOR RELIEF EFFORTS FOLLOWING
MAJOR DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is
amended—
(1) by striking ‘‘The total’’ and inserting ‘‘(A) Ex-
cept as provided in subparagraph (B), the total’’; and
(2) by adding at the end the following new subpara-
graph:
‘‘(B) The dollar limitation under subparagraph (A) shall
not apply with respect to advance billing for relief efforts fol-
lowing a declaration of a major disaster or emergency under
the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.).’’.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON
TIME LIMITATIONS ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS.
Section 322(c) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat.
2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL REC-
OMMENDATIONS REGARDING SHIPYARD INFRA-
STRUCTURE OPTIMIZATION PLAN OF THE NAVY.
(a) IN GENERAL.—Not later than March 1, 2023, the
Secretary of the Navy shall—
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(1) develop metrics for assessing progress of the
Secretary toward improved shipyard capacity and per-
formance in carrying out the Shipyard Infrastructure
Optimization Plan of the Navy, including by measuring
the effectiveness of capital investments;
(2) ensure that the shipyard optimization program
office of the Navy—
(A) includes all costs, such as inflation, pro-
gram office activities, utilities, roads, environmental
remediation, historic preservation, and alternative
workspace when developing a detailed cost estimate;
and
(B) uses cost estimating best practices in de-
veloping a detailed cost estimate, including—
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and
key assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncer-
tainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects
under the shipyard optimization program that are esti-
mated to exceed $250,000,000, to validate the cost esti-
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mates of the Navy developed for such projects pursuant
to paragraph (2) and inform the prioritization of
projects under such program.
(b) BRIEFING.—If the Secretary of the Navy is unable
to implement the requirements under subsection (a) by
March 1, 2023, the Secretary shall brief the Committees on
Armed Services of the Senate and the House of Representa-
tives before such date on—
(1) the current progress of the Secretary toward
implementing those requirements;
(2) any hindrance to implementing those require-
ments; and
(3) any additional resources necessary to implement
those requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILI-
TARY INFORMATION SUPPORT OPERATIONS.
Of the funds authorized to be appropriated by this Act
or otherwise made available for Operation and Maintenance,
Defense-Wide, for military information support operations,
not more than 75 percent may be obligated or expended until
the Secretary of Defense submits to the congressional defense
committees a plan for—
(1) appropriately scoping and tailoring messaging
activities to foreign target audiences;
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(2) ensuring messages serve a valid military pur-
pose;
(3) effectively managing risk associated with web-
based military information support operations;
(4) maintaining alignment with policies and proce-
dures of the Department of Defense;
(5) adequately overseeing and approving the work
of contractors;
(6) ensuring alignment with policy guidance and
procedures of the Department; and
(7) coordinating activities with the Global Engage-
ment Center of the Department of State and other rel-
evant non-Department of Defense entities.
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY RE-
GARDING RETENTION RATES FOR NAVY SHIP RE-
PAIR CONTRACTS.
(a) NOTIFICATION.—The Secretary of the Navy may not
modify the general policy of the Department of the Navy re-
garding retention rates for contracts for Navy ship repair
until a period of 15 days has elapsed following the date on
which the Assistant Secretary of the Navy for Research, De-
velopment, and Acquisition submits to the congressional de-
fense committees a notification that includes, with respect to
such modification, the following information:
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(1) An identification of any considerations that in-
formed the decision to so modify.
(2) A description of the desired effect of the modi-
fication on the Navy ship repair industrial base.
(b) TERMINATION.—This section, and the requirements
thereof, shall terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE
SHIPYARDS IN UNITED STATES AND EFFECT OF
THOSE SHIPYARDS ON NAVAL FLEET READINESS.
(a) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
seek to enter into an agreement with a nonprofit entity or a
federally funded research and development center to conduct
research and analysis regarding the capacity and capability of
private shipyards in the United States to repair, maintain,
and modernize surface combatants and support ships of the
Navy to ensure fleet readiness.
(b) ELEMENTS.—The research and analysis conducted
under subsection (a) shall include the following:
(1) An assessment of the maintenance needs of the
Navy during the five-year period preceding the date of
the enactment of this Act, including the frequency of un-
planned maintenance and the average time it takes to
repair ships.
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(2) An assessment of the projected maintenance
needs of the Navy during the 10-year period following
such date of enactment.
(3) An assessment of whether current private ship-
yards in the United States have the capacity to meet
current and anticipated needs of the Navy to maintain
and repair ships, including whether there are adequate
ship repair facilities and a sufficiently trained workforce.
(4) An identification of barriers limiting the success
of intermediate-level and depot-level maintenance avail-
abilities, including constraints of adding private depot
capacity and capability.
(5) Recommendations based on the findings of
paragraphs (1) through (4) regarding actions the Sec-
retary of the Navy can take to ensure there is an indus-
trial base of private ship repair facilities to meet the
needs of the Navy and ensure fleet readiness, including
whether the Secretary should institute a new force gen-
eration model, establish additional homeport facilities, or
establish new hub-type maintenance facilities.
(c) INPUT FROM PRIVATE SHIPYARDS.—In conducting
research and analysis under subsection (a), the nonprofit en-
tity or federally funded research and development center with
which the Secretary of the Navy enters into an agreement
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under subsection (a) shall consult with private shipyards re-
garding—
(1) the fleet maintenance needs of surface combat-
ant and support ships of the Navy;
(2) private shipyard capacity, including workforce;
and
(3) additional investment in private shipyards nec-
essary to meet the needs of the Navy.
(d) REPORT.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the nonprofit enti-
ty or federally funded research and development center
with which the Secretary of the Navy enters into an
agreement under subsection (a) shall submit to the Sec-
retary a report on the results of the research and anal-
ysis undertaken under such subsection.
(2) SUBMISSION TO CONGRESS.—Not later than 30
days after the Secretary receives the report under para-
graph (1), the Secretary shall submit to the congres-
sional defense committees a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBU-
TION LOGISTICS ACROSS UNITED STATES INDO-
PACIFIC COMMAND.
(a) STUDY.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
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to enter into a contract with a federally funded research and
development center that meets the criteria under subsection
(b) to conduct a study on fuel distribution logistics in the
area of responsibility of the United States Indo-Pacific Com-
mand.
(b) CRITERIA FOR FFRDC.—The criteria under this
subsection are the following:
(1) A primary focus on the conduct of studies and
analysis.
(2) A demonstrated record of conducting research
and analysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly re-
leasable analysis to inform public debate.
(c) IDA STRATEGIC FUEL ASSESSMENT.—In conducting
the study pursuant to a contract under subsection (a), the
federally funded research and development center shall use
the results of the July 1, 2020, report of the Institute for De-
fense Analyses titled ‘‘INDOPACOM Strategic Fuel Assess-
ment’’ as a baseline to inform its analysis of fuel distribution
logistics in the area of responsibility of the United States
Indo-Pacific Command.
(d) ELEMENTS.—A contract under subsection (a) shall
provide that a study conducted under the contract shall in-
clude, with respect to the area of responsibility of the United
States Indo-Pacific Command, the following:
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(1) An evaluation of the vulnerabilities associated
with the production, refinement, and distribution of fuel
by the Armed Forces during periods of conflict and in
contested logistics environments within the area, includ-
ing with respect to the capability of the Armed Forces
to sustain operational flights by aircraft and joint force
distributed operations.
(2) An assessment of potential adversary capabili-
ties to disrupt such fuel distribution in the area through
a variety of means, including financial means, cyber
means, and conventional kinetic attacks.
(3) An assessment of any gaps in the capability or
capacity of inter- or intra-theater fuel distribution, in-
cluding any gaps relating to storage, transfer platforms,
manning for platforms, command and control, or fuel
handling.
(4) An evaluation of the positioning of defense fuel
support points in the area, including with respect to
operational suitability and vulnerability to a variety of
kinetic threats.
(5) An assessment of the readiness of allies and
partners of the United States to support the supply,
storage, and distribution of fuel by the Armed Forces in
the area, including a review of any relevant security co-
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operation agreements entered into between the United
States and such allies and partners.
(6) An assessment of potential actions to mitigate
any vulnerabilities identified pursuant to the study.
(e) REPORT.—
(1) SUBMISSION TO SECRETARY OF DEFENSE.—
(A) IN GENERAL.—A contract under sub-
section (a) shall provide that a study conducted
under the contract shall require that the federally
funded research and development center submit to
the Secretary a report containing the findings of
such study.
(B) FORM.—The report under subparagraph
(A) shall be submitted in an unclassified and pub-
licly releasable form, but may include a classified
annex.
(2) SUBMISSION TO CONGRESS.—Not later than 30
days after the date on which the Secretary receives the
report under paragraph (1)(A), the Secretary shall sub-
mit to the appropriate congressional committees a copy
of such report, submitted without change.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the congressional defense committees;
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(B) the Committee on Transportation and In-
frastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ‘‘contested logistics environment’’ has
the meaning given such term in section 2926 of title 10,
United States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ES-
TABLISHMENT OF FUEL DISTRIBUTION POINTS IN
UNITED STATES INDO-PACIFIC COMMAND AREA
OF RESPONSIBILITY.
(a) QUARTERLY BRIEFINGS.—On a quarterly basis until
the date that is two years after the date of the enactment of
this Act, the Commander of United States Indo-Pacific Com-
mand shall provide to the congressional defense committees
briefings on the use of the funds described in subsection (c).
(b) CONTENTS OF BRIEFINGS.—Each briefing under
subsection (a) shall include an expenditure plan for the estab-
lishment of fuel distribution points in the area of responsi-
bility of United States Indo-Pacific Command relating to the
defueling and closure of the Red Hill Bulk Fuel Storage Fa-
cility.
(c) FUNDS DESCRIBED.—The funds described in this
subsection are the amounts authorized to be appropriated or
otherwise made available for fiscal year 2023 for Military
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Construction, Defense-wide for Planning and Design for
United States Indo-Pacific Command.
Subtitle F—Matters Relating to De-
pots and Ammunition Production
Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUC-
TION FACILITY MAINTENANCE AND REPAIR: AN-
NUAL REPORT.
Chapter 9 of title 10, United States Code, is amended
by adding at the end the following new section (and con-
forming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 239d. Budgeting for depot and ammunition production
facility maintenance and repair: annual re-
port
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall include with the defense budget materials for each fiscal
year a report regarding the maintenance and repair of cov-
ered facilities.
‘‘(b) ELEMENTS.—Each report required under sub-
section (a) shall include, at a minimum, the following
(disaggregated by military department):
‘‘(1) With respect to each of the three fiscal years
preceding the fiscal year covered by the defense budget
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materials with which the report is included, revenue data
for that fiscal year for the maintenance, repair, and
overhaul workload funded at all the depots of the mili-
tary department.
‘‘(2) With respect to the fiscal year covered by the
defense budget materials with which the report is in-
cluded and each of the two fiscal years prior, an identi-
fication of the following:
‘‘(A) The amount of appropriations budgeted
for that fiscal year for depots, further disaggregated
by the type of appropriation.
‘‘(B) The amount budgeted for that fiscal year
for working-capital fund investments by the Sec-
retary of the military department for the capital
budgets of the covered depots of the military de-
partment, shown in total and further disaggregated
by whether the investment relates to the efficiency
of depot facilities, work environment, equipment,
equipment (non-capital investment program), or
processes.
‘‘(C) The total amount required to be invested
by the Secretary of the military department for that
fiscal year for the capital budgets of covered depots
pursuant to section 2476(a) of this title.
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‘‘(D) A comparison of the budgeted amount
identified under subparagraph (B) with the total re-
quired amount identified under subparagraph (C).
‘‘(E) For each covered depot of the military de-
partment, of the total required amount identified
under subparagraph (C), the percentage of such
amount allocated, or projected to be allocated, to
the covered depot for that fiscal year.
‘‘(3) For each covered facility of the military de-
partment, the following:
‘‘(A) Information on the average facility condi-
tion, average critical facility condition, restoration
and maintenance project backlog, and average
equipment age, including a description of any
changes in such metrics from previous years.
‘‘(B) Information on the status of the imple-
mentation at the covered facility of the plans and
strategies of the Department of Defense relating to
covered facility improvement, including, as applica-
ble, the implementation of the strategy required
under section 359 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1323; 10 U.S.C. 2460 note).
‘‘(c) DEFINITIONS.—In this section:
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‘‘(1) The term ‘ammunition production facility’
means an ammunition organic industrial base production
facility.
‘‘(2) The terms ‘budget’ and ‘defense budget mate-
rials’ have the meaning given those terms in section 234
of this title.
‘‘(3) The term ‘covered depot’ has the meaning
given that term in section 2476 of this title.
‘‘(4) The term ‘covered facility’ means a covered
depot or an ammunition production facility.’’.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING
CAPITAL FUNDS FOR UNSPECIFIED MINOR MILI-
TARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is
amended by striking ‘‘2023’’ and inserting ‘‘2025’’.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT
AND AMMUNITION PRODUCTION FACILITY INFRA-
STRUCTURE.
Chapter 146 of title 10, United States Code, is amended
by inserting after section 2742 the following new section (and
conforming the table of sections at the beginning of such
chapter accordingly):
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‘‘§ 2473. Annual five-year plans on improvement of depot
infrastructure
‘‘(a) SUBMISSION.—As part of the annual budget sub-
mission of the President under section 1105(a) of title 31,
each Secretary of a military department shall submit to the
congressional defense committees a plan describing the objec-
tives of that Secretary to improve depot infrastructure during
the five fiscal years following the fiscal year for which such
budget is submitted.
‘‘(b) ELEMENTS.—Each plan submitted by a Secretary
of a military department under subsection (a) shall include
the following:
‘‘(1) With respect to the five-year period covered by
the plan, an identification of the major lines of effort,
milestones, and specific goals of the Secretary over such
period relating to the improvement of depot infrastruc-
ture and a description of how such goals support the
goals outlined in section 359(b)(1)(B) of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1324; 10 U.S.C. 2476 note).
‘‘(2) The estimated costs of necessary depot infra-
structure improvements and a description of how such
costs would be addressed by the Department of Defense
budget request submitted during the same year as the
plan and the applicable future-years defense program.
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‘‘(3) Information regarding the plan of the Sec-
retary to initiate such environmental and engineering
studies as may be necessary to carry out planned depot
infrastructure improvements.
‘‘(4) Detailed information regarding how depot in-
frastructure improvement projects will be paced and
sequenced to ensure continuous operations.
‘‘(c) INCORPORATION OF RESULTS-ORIENTED MANAGE-
MENT PRACTICES.—Each plan under subsection (a) shall in-
corporate the leading results-oriented management practices
identified in the report of the Comptroller General of the
United States titled ‘Actions Needed to Improve Poor Condi-
tions of Facilities and Equipment that Affect Maintenance
Timeliness and Efficiency’ (GAO–19–242), or any successor
report, including—
‘‘(1) analytically based goals;
‘‘(2) results-oriented metrics;
‘‘(3) the identification of required resources, risks,
and stakeholders; and
‘‘(4) regular reporting on progress to decision mak-
ers.’’.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT
FOR CERTAIN DEPOTS.
(a) MODIFICATION.—Section 2476 of title 10, United
States Code, is amended—
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(1) in subsection (a)—
(A) by striking ‘‘Each fiscal year’’ and insert-
ing ‘‘(1) Each fiscal year’’;
(B) by striking ‘‘six’’ and inserting ‘‘eight’’;
and
(C) by inserting after paragraph (1), as des-
ignated by subparagraph (A), the following new
paragraph:
‘‘(2) Of the amount required to be invested in the capital
budgets of the covered depots of a military department under
paragraph (1) for each fiscal year—
‘‘(A) 75 percent shall be used for the modernization
or improvement of the efficiency of depot facilities,
equipment, work environment, or processes in direct sup-
port of depot operations; and
‘‘(B) 25 percent shall be used for the sustainment,
restoration, and modernization (as such terms are de-
fined in the Department of Defense Financial Manage-
ment Regulation 7000.14–R, or successor regulation) of
existing facilities or infrastructure.’’;
(2) in subsection (b), by striking ‘‘, but does not in-
clude funds spent for sustainment of existing facilities,
infrastructure, or equipment’’;
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f);
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(4) by inserting after subsection (b) the following
new subsection:
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS RE-
LATING TO PERSONNEL AND TOTAL FORCE MANAGE-
MENT.—In identifying amounts to invest pursuant to the re-
quirement under subsection (a)(1), the Secretary of a mili-
tary department shall comply with all applicable requirements
of sections 129 and 129a of this title.’’; and
(5) in subsection (e)(2), as redesignated by para-
graph (3), by adding at the end the following new sub-
paragraph:
‘‘(F) A table enumerating, for the period covered by
the report, the amounts invested to meet the require-
ment under subsection (a)(1), disaggregated by funding
source and whether the amount is allocated pursuant to
subparagraph (A) or subparagraph (B) of subsection
(a)(2).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Such section is further amended
in subsections (d) and (e), as redesignated by subsection
(a)(3), by striking ‘‘subsection (a)’’ and inserting ‘‘sub-
section (a)(1)’’ each place it appears.
(2) ADDITIONAL TECHNICAL AND CONFORMING
AMENDMENTS.—Section 2861(b) of title 10, United
States Code, is amended—
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(A) by striking ‘‘subsection (e) of section
2476’’ and inserting ‘‘subsection (f) of section
2476’’; and
(B) by striking ‘‘subsection (a) of such sec-
tion’’ and inserting ‘‘subsection (a)(1) of such sec-
tion’’.
(c) APPLICABILITY.—The amendments made by this sec-
tion shall apply with respect to fiscal years beginning on or
after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL RE-
PORT ON CORE DEPOT-LEVEL MAINTENANCE AND
REPAIR.
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply
to the report required to be submitted to Congress under sec-
tion 2464(d) of title 10, United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is
amended by striking paragraph (45).
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SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL RE-
PORT ON FUNDS EXPENDED FOR PERFORMANCE
OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS.
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply
to the report required to be submitted to Congress under sec-
tion 2466(d) of title 10, United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is
amended by striking paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN
WORKLOAD CARRYOVER OF DEPARTMENT OF THE
ARMY.
For purposes of calculating the amount of workload car-
ryover with respect to the depots and arsenals of the Depart-
ment of the Army, the Secretary of Defense shall authorize
the Secretary of the Army to use a calculation for such carry-
over that applies a material end of period exclusion.
Subtitle G—Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DE-
FENSE ON ACTIVITIES OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amend-
ed—
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(1) by striking ‘‘REPORT.—The Chair’’ and insert-
ing ‘‘REPORTS.—(1) The Chair’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) Not later than March 31, 2023, and not later than
December 31 of each year thereafter, the Deputy Secretary
of Defense shall submit to the congressional defense commit-
tees a report containing—
‘‘(A) a summary of the goals and priorities of the
Deputy Secretary for the year following the date of the
submission of the report with respect to the activities of
the Council; and
‘‘(B) an assessment by the Deputy Secretary of the
activities of the Council carried out during the year pre-
ceding the date of such submission.’’.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE
CONTRACTORS USING MILITARY WORKING DOGS.
(a) IN GENERAL.—Chapter 50 of title 10, United States
Code, is amended by adding at the end the following new sec-
tion (and conforming the table of sections at the beginning
of such chapter accordingly):
‘‘§ 995. Accountability for contractors using military
working dogs
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
TRACTORS.—Each covered contract shall specify that the con-
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tractor is required to submit to the Under Secretary of De-
fense (Comptroller), on an annual basis for the duration of
the covered contract, a report containing an identification
of—
‘‘(1) the number of military working dogs that are
in the possession of the covered contractor and located
outside of the continental United States in support of a
military operation, if any; and
‘‘(2) the primary location of any such military
working dogs.
‘‘(b) COVERED CONTRACT DEFINED.—In this section
the term ‘covered contract’ means a contract that the Sec-
retary of Defense determines involves military working
dogs.’’.
(b) APPLICABILITY.—Section 995 of title 10, United
States Code, as added by subsection (a), shall apply with re-
spect to a contract entered into on or after the date of the
enactment of this Act.
(c) BRIEFING REQUIREMENT.—Not later than March 1,
2023, and annually thereafter for each of the subsequent
three years, the Secretary of Defense shall provide to the con-
gressional defense committees a briefing on the implementa-
tion of section 995 of title 10, United States Code, as added
by subsection (a).
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(d) DEADLINE FOR GUIDANCE.—Not later than 180
days after the date of the enactment of this Act, the Under
Secretary of Defense (Comptroller) shall issue the guidance
on the annual reporting requirement under section 995 of
title 10, United States Code, as added by subsection (a).
(e) REGULATIONS TO PROHIBIT ABANDONMENT.—Not
later than two years after the date of the enactment of this
Act, the Secretary of Defense shall issue regulations to pro-
hibit the abandonment of military working dogs used in sup-
port of a military operation outside of the continental United
States.
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY
COUNCIL.
Section 184(b)(1) of title 10, United States Code, is
amended—
(1) by redesignating subparagraph (D) as subpara-
graph (E); and
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) During periods in which the Coast Guard is
not operating as a service in the Department of the
Navy, an officer of the Coast Guard, appointed by the
Secretary of Homeland Security.’’.
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SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES
NATIONAL GUARD RESPONSIBILITIES IN CONNEC-
TION WITH NATURAL AND MAN-MADE DISASTERS.
(a) IN GENERAL.—In the report required under section
222a of title 10, United States Code, for fiscal year 2024, the
officer specified under subsection (b)(7) of such section shall
include as part of the National Guard unfunded priorities de-
scribed in subsection (c)(3) of such section unfunded prior-
ities that relate to non-Federal National Guard responsibil-
ities in connection with natural and man-made disasters.
(b) TECHNICAL AMENDMENT.—Section 222a(c)(3) of
title 10, United States Code, is amended by striking ‘‘sub-
section (b)(6)’’ both places it appears and inserting ‘‘sub-
section (b)(7)’’.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PER-
SONNEL ON WILDFIRE PREVENTION AND RE-
SPONSE.
Section 351 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1367;
32 U.S.C. 501 note) is amended to read as follows:
‘‘SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON
WILDFIRE PREVENTION AND RESPONSE.
‘‘The Secretary of the Army and the Secretary of the Air
Force, in consultation with the Chief of the National Guard
Bureau, may provide support for the training of appropriate
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personnel of the National Guard on wildfire prevention and
response. In carrying out this section, the Secretaries—
‘‘(1) shall give a preference to personnel assigned to
military installations with the highest wildfire suppres-
sion needs, as determined by the Secretaries; and
‘‘(2) may consult with the Executive Board of the
National Interagency Fire Center.’’.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF
PILOT PROGRAM ON MILITARY WORKING DOGS
AND EXPLOSIVES DETECTION.
(a) EXTENSION OF PILOT PROGRAM.—Section 381(b) of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062 note)
is amended by striking ‘‘2024’’ and inserting ‘‘2025’’.
(b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT
OF DEFENSE AND DEPARTMENT OF HOMELAND SECU-
RITY.—
(1) REVIEW.—The Secretary of Defense, in coordi-
nation with the Secretary of Homeland Security, shall
conduct a review of the recent and ongoing research,
testing, and evaluation efforts of the Department of De-
fense and the Department of Homeland Security, respec-
tively, regarding explosives detection working dogs.
(2) MATTERS.—The review under paragraph (1)
shall include an analysis of the following:
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(A) Any recent or ongoing research efforts of
the Department of Defense or the Department of
Homeland Security, respectively, relating to explo-
sives detection working dogs, and any similarities
between such efforts.
(B) Any recent or ongoing veterinary research
efforts of the Department of Defense or the Depart-
ment of Homeland Security, respectively, relating to
working dogs, canines, or other areas that may be
relevant to the improvement of the breeding, health,
performance, or training of explosives detection
working dogs.
(C) Any research areas relating to explosives
detection working dogs in which there is a need for
ongoing research but no such ongoing research is
being carried out by either the Secretary of Defense
or the Secretary of Homeland Security, particularly
with respect to the health, domestic breeding, and
training of explosives detection working dogs.
(D) How the recent and ongoing research ef-
forts of the Department of Defense and the Depart-
ment of Homeland Security, respectively, may im-
prove the domestic breeding of working dogs, in-
cluding explosives detection working dogs, and the
health outcomes and performance of such domesti-
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cally bred working dogs, including through coordi-
nation with academic or industry partners with ex-
perience in research relating to working dogs.
(E) Potential opportunities for the Secretary of
Defense to collaborate with the Secretary of Home-
land Security on research relating to explosives de-
tection working dogs.
(F) Any research partners of the Department
of Defense or the Department of Homeland Secu-
rity, or both, that may be beneficial in assisting
with the research efforts and areas described in this
subsection.
(c) PLAN REQUIRED.—Not later than 180 days of the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of Homeland Security,
shall submit to the appropriate congressional committees a
plan for the Secretary of Defense to collaborate, as appro-
priate, with the Secretary of Homeland Security on research
relating to explosives detection working dogs and other rel-
evant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for col-
laboration between the Secretary of Defense and the
Secretary of Homeland Security on the research efforts
and areas described in subsection (a)(2).
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(2) An identification of specific programs or areas
of research for such collaboration.
(3) An identification of any additional agreements
or authorities necessary for the Secretaries to carry out
such collaboration.
(4) An identification of additional funding necessary
to carry out such collaboration.
(5) An analysis of potential coordination on the re-
search efforts and areas described in subsection (a)(2)
with academic and industry partners with experience in
research relating to working dogs, including an identi-
fication of potential opportunities for such coordination
in carrying out the collaboration described in paragraph
(1).
(6) A proposed timeline for the Secretary of De-
fense to engage in such collaboration, including specific
proposed deadlines.
(7) A description of how programs carried out pur-
suant to this section seek to address the health and wel-
fare issues identified by the Comptroller General of the
United States in the report titled ‘‘Working Dogs: Fed-
eral Agencies Need to Better Address Health and Wel-
fare’’ published on October 19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense con-
siders appropriate.
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(d) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional commit-
tees’’ means the following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of
the House of Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) The term ‘‘explosives detection working dog’’
means a canine that, in connection with the work duties
of the canine performed for a Federal department or
agency, is certified and trained to detect odors indicating
the presence of explosives in a given object or area, in
addition to the performance of such other duties for the
Federal department or agency as may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) USE OF NATURAL FEATURES.—Section
101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A)) is
amended—
(1) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(2) by inserting after clause (i) the following:
‘‘(ii) the use of natural and nature-based fea-
tures to maintain or improve military installation
resilience;’’.
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(b) EXPANDING AND MAKING PERMANENT THE PRO-
GRAM FOR INVASIVE SPECIES MANAGEMENT FOR MILITARY
INSTALLATIONS.—Section 101(g) of the Sikes Act (16 U.S.C.
670a(g)) is amended—
(1) by striking the header and inserting ‘‘PROGRAM
FOR INVASIVE SPECIES MANAGEMENT FOR MILITARY
INSTALLATIONS’’; and
(2) in paragraph (1)—
(A) by striking ‘‘During fiscal years 2009
through 2014, the’’ and inserting ‘‘The’’; and
(B) by striking ‘‘in Guam’’.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTEC-
TION AT MILITARY INSTALLATIONS.
(a) STANDARDS REQUIRED.—Beginning not later than
one year after the date of the enactment of this Act, the Sec-
retary of Defense shall ensure that—
(1) members of the Armed Forces and employees of
Defense Agencies who provide fire protection services to
military installations comply with the national consensus
standards developed by the National Fire Protection As-
sociation;
(2) the minimum staffing requirement for any fire-
fighting vehicle responding to a structural building emer-
gency at a military installation is not less than four fire-
fighters per vehicle; and
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(3) the minimum staffing requirement for any fire-
fighting vehicle responding to an aircraft or airfield inci-
dent at a military installation is not less than three fire-
fighters per vehicle.
(b) REPORTS REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, each Secretary of a
military department shall submit to the Committees on
Armed Services of the House of Representatives and the Sen-
ate a report that—
(1) details each instance in which the standards of
that military department deviate from the national con-
sensus standards specified in subsection (a)(1), and at
what military installation;
(2) includes, for each military installation under the
jurisdiction of that Secretary, a detailed description of
response times for emergency services and firefighting
vehicle staffing levels; and
(3) includes an assessment of the feasibility of re-
quiring compliance with the national consensus stand-
ards specified in subsection (a)(1) in accordance with
such subsection at each military installation under the
jurisdiction of that Secretary (without exception), the
cost of requiring such compliance, and the estimated
timeline for that Secretary to implement such require-
ment.
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(c) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense Agen-
cy’’ have the meanings given such terms in section 101
of title 10, United States Code.
(2) The term ‘‘firefighter’’ has the meaning given
that term in section 707(b) of the National Defense Au-
thorization Act for Fiscal Year 2020 (Pub. L. 116–92;
10 U.S.C. 1074m note).
(3) The term ‘‘military installation’’ has the mean-
ing given that term in section 2801 of title 10, United
States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY
DATA COLLECTION.
(a) IN GENERAL.—Not later than October 1, 2023, the
Secretary of the Army and the Secretary of the Navy shall
each initiate a pilot program to evaluate the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles in the Army
and the Marine Corps, respectively.
(b) DURATION.—Each pilot program initiated under
subsection (a) shall be carried out for a period of not less
than two years.
(c) REQUIREMENTS.—In carrying out a pilot program
under this section, the Secretary of the Army and the Sec-
retary of the Navy each shall—
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(1) select not fewer than one military installation in
the United States under the jurisdiction of the Secretary
that contains the necessary forces, equipment, and ma-
neuver training ranges to collect data on drivers and
military tactical vehicles during training and routine op-
eration at which to carry out the pilot program;
(2) install data recorders on a sufficient number of
each type of military tactical vehicle specified in sub-
section (d) to gain statistically significant results;
(3) select a data recorder capable of collecting and
exporting telemetry data, event data, and driver identi-
fication data during operation and accidents;
(4) establish and maintain a data repository for op-
eration and event data captured by the data recorder;
and
(5) establish processes to leverage operation and
event data to improve individual vehicle operator per-
formance, identify installation hazards that threaten safe
vehicle operation, and identify vehicle-type specific oper-
ating conditions that increase the risk of accidents or
mishaps.
(d) MILITARY TACTICAL VEHICLES SPECIFIED.—Mili-
tary tactical vehicles specified in this subsection are the fol-
lowing:
(1) High Mobility Multipurpose Wheeled Vehicles.
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(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Sec-
retary of the Army or the Secretary of the Navy con-
siders appropriate.
(e) CYBER RISK EXEMPTION.—The Secretary of the
Army or the Secretary of the Navy, as the case may be, may
exempt from a pilot program under this section a military
tactical vehicle specified under subsection (d) if that Sec-
retary submits to the Committees on Armed Services of the
House of Representatives and the Senate a certification that,
with respect to inclusion of the military tactical vehicle, there
is a high potential of cyber risk as a result of the absence
of a cross-domain solution capable of segregating classified
and unclassified data.
(f) IMPLEMENTATION PLAN.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of
the Army and the Secretary of the Navy shall each—
(1) develop plans for implementing the pilot pro-
grams under this section; and
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(2) provide to the congressional defense committees
a briefing on those plans and the estimated cost of im-
plementing those plans.
(g) REPORT REQUIRED.—Not later than December 15,
2024, the Secretary of the Army and the Secretary of the
Navy shall each submit to the congressional defense commit-
tees a report on the respective pilot programs carried out
under this section by the Secretaries, including—
(1) insights and findings regarding the utility of
using data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehi-
cles;
(2) adjustments made, or to be made, to the imple-
mentation plans developed under subsection (f); and
(3) any other matters determined appropriate by
the Secretaries.
(h) ASSESSMENT REQUIRED.—Not later than December
15, 2025, the Secretary of the Army and the Secretary of the
Navy shall jointly submit to the congressional defense com-
mittees an assessment of the pilot programs carried out
under this section, including—
(1) insights and findings regarding the utility of
using data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehi-
cles;
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(2) an assessment of the utility of establishing an
enduring program to use data recorders to monitor, as-
sess, and improve readiness and the safe operation of
military tactical vehicles;
(3) an assessment of the scope, size, and estimated
cost of such an enduring program; and
(4) such other matters as the Secretary of the
Army and the Secretary of the Navy determine appro-
priate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-
OF-POCKET COSTS OF MEMBERS OF THE ARMED
FORCES FOR UNIFORM ITEMS.
(a) TRACKING REQUIREMENT.—The Secretary of De-
fense shall take such steps as may be necessary to track the
expected useful life of uniform items for officers and enlisted
members of the Armed Forces, for the purposes of—
(1) estimating the rate at which such uniform items
are replaced;
(2) determining the resulting out-of-pocket costs for
such members over time;
(3) determining the necessity of establishing a uni-
form replacement allowance for officers of the Armed
Forces, based on the replacement rate estimated pursu-
ant to paragraph (1) and the out-of-pocket costs deter-
mined pursuant to paragraph (2); and
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(4) determining the adequacy of the uniform allow-
ance for enlisted members of the Armed Forces.
(b) REPORT.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall sub-
mit to the congressional defense committees a report on the
expected useful life of required uniform items for members of
the Armed Forces, projected changes to such required uni-
form items, and related costs anticipated by the Secretary
(disaggregated by Armed Force). Such report shall include—
(1) pricing information for each such item, includ-
ing items that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a
uniform replacement allowance for officers of the Armed
Forces, as determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING
TO ANIMAL FACILITY SANITATION AND PLAN FOR
HOUSING AND CARE OF HORSES.
(a) IMPLEMENTATION BY SECRETARY OF THE ARMY OF
CERTAIN RECOMMENDATIONS RELATING TO ANIMAL FACIL-
ITY SANITATION.—Not later than March 1, 2023, the Sec-
retary of the Army shall implement the recommendations
contained in the memorandum of the Department of the
Army dated February 25, 2022, the subject of which is ‘‘Ani-
mal Facility Sanitation Inspection Findings for the Fort
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Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson
Pasture Facility’’ (MHCB–RN).
(b) PLAN FOR HOUSING AND CARE OF ALL HORSES
WITHIN CARE OF OLD GUARD.—
(1) IN GENERAL.—Not later than March 1, 2023,
the Secretary of the Army shall submit to Congress a
plan for the housing and care of all horses within the
care of the 3rd United States Infantry (commonly
known as the ‘‘Old Guard’’).
(2) ELEMENTS.—The plan required by paragraph
(1) shall include—
(A) a description of each modification planned
or underway at the Fort Myer Caisson Barns/Pad-
docks, the Fort Belvoir Caisson Pasture Facility,
and any other facility or location under consider-
ation for stabling of the horses described in para-
graph (1);
(B) an identification of adequate space at Fort
Myer, Virginia, to properly care for the horses de-
scribed in paragraph (1);
(C) a prioritization of the allotment of the
space identified under subparagraph (B) over other
functions of Fort Myer that could be placed else-
where;
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(D) projected timelines and resource require-
ments to execute the plan; and
(E) a description of—
(i) immediate remedies for the unsanitary
and unsafe conditions present at the locations
described in subparagraph (A); and
(ii) how long-term quality of life improve-
ments will be provided for the horses described
in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE
NAVY AS EXECUTIVE AGENT FOR NAVAL SMALL
CRAFT INSTRUCTION AND TECHNICAL TRAINING
SCHOOL.
The Secretary of the Navy shall continue, through fiscal
year 2023—
(1) to perform the responsibilities of the Depart-
ment of Defense executive agent for the Naval Small
Craft Instruction and Technical Training School pursu-
ant to section 352(b) of title 10, United States Code;
and
(2) to provide such support as may be necessary for
the continued operation of such school.
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SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT
OF LEGACY MARITIME MINE COUNTERMEASURES
PLATFORMS.
(a) PROHIBITION.—Except as provided in subsection (b),
the Secretary of the Navy may not obligate or expend funds
to discontinue or prepare to discontinue, including by making
a substantive reduction in training and operational employ-
ment, any element of the Marine Mammal Program of the
Navy, that has been used, or is currently being used, for—
(1) port security at Navy bases, known as Mark-6
systems; or
(2) mine search capabilities, known as Mark-7 sys-
tems.
(b) WAIVER.—The Secretary of the Navy may waive the
prohibition under subsection (a) if the Secretary, with the
concurrence of the Director of Operational Test and Evalua-
tion, certifies in writing to the congressional defense commit-
tees that the Secretary has—
(1) identified a replacement capability and the nec-
essary quantity of such capability to meet all operational
requirements currently being met by the Marine Mam-
mal Program, including a detailed explanation of such
capability and quantity;
(2) achieved initial operational capability of all ca-
pabilities referred to in paragraph (1), including a de-
tailed explanation of such achievement; and
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(3) deployed a sufficient quantity of capabilities re-
ferred to in paragraph (1) that have achieved initial
operational capability to continue to meet or exceed all
operational requirements currently being met by Marine
Mammal Program, including a detailed explanation of
such deployment.
TITLE IV—MILITARY PERSONNEL
AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active
duty personnel as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
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SEC. 402. END STRENGTH LEVEL MATTERS.
(a) STRENGTH LEVELS TO SUPPORT NATIONAL DE-
FENSE STRATEGY.—
(1) REPEAL.—Section 691 of title 10, United
States Code, is repealed.
(2) TABLE OF SECTIONS.—The table of sections at
the beginning of chapter 39 of such title is amended by
striking the item relating to section 691.
(b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE
STRENGTHS.—Section 115 of such title is amended—
(1) in subsection (f), by striking ‘‘increase’’ each
place it appears and inserting ‘‘vary’’; and
(2) in subsection (g)—
(A) in paragraph (1), by striking subpara-
graphs (A) and (B) and inserting the following new
subparagraphs:
‘‘(A) vary the end strength pursuant to subsection
(a)(1)(A) for a fiscal year for the armed force or forces
under the jurisdiction of that Secretary by a number not
equal to more than two percent of such authorized end
strength; and
‘‘(B) vary the end strength pursuant to subsection
(a)(2) for a fiscal year for the Selected Reserve of the
reserve component of the armed force or forces under
the jurisdiction of that Secretary by a number equal to
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not more than one percent of such authorized end
strength.’’;
(B) in paragraph (2), by striking ‘‘increase’’
each place it appears and inserting ‘‘variance’’; and
(C) by adding at the end the following new
paragraph (3):
‘‘(3) The Secretary of the military department concerned
shall promptly notify the congressional defense committees if
such Secretary exceeds a variance under paragraph (1), and
at least once every 90 days thereafter for so long as such end
strength is outside such variance. Each such notification shall
include the following:
‘‘(A) Modified projected end strengths for active
and reserve components of the armed force or forces for
which such Secretary exceeds such variance.
‘‘(B) An identification of any budgetary effects pro-
jected as a result of such modified end strength projec-
tions.
‘‘(C) An explanation of any effects on readiness re-
sulting from such modified end strength projections.’’.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.
(a) IN GENERAL.—Notwithstanding section 115(g) of
title 10, United States Code, upon determination by the Sec-
retary of the Air Force that such action would enhance man-
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ning and readiness in essential units or in critical specialties,
the Secretary may vary the end strength authorized by Con-
gress for each fiscal year as follows:
(1) Increase the end strength authorized pursuant
to section 115(a)(1)(A) of such title for a fiscal year for
the Space Force by a number equal to not more than
5 percent of such authorized end strength.
(2) Decrease the end strength authorized pursuant
to section 115(a)(1)(A) of such title for a fiscal year for
the Space Force by a number equal to not more than
10 percent of such authorized end strength.
(b) TERMINATION.—The authority provided under sub-
section (a) shall terminate on December 31, 2023.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2023, as follows:
(1) The Army National Guard of the United States,
325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States,
108,400.
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(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths
prescribed by subsection (a) for the Selected Reserve of any
reserve component shall be proportionately reduced by—
(1) the total authorized strength of units organized
to serve as units of the Selected Reserve of such compo-
nent which are on active duty (other than for training)
at the end of the fiscal year; and
(2) the total number of individual members not in
units organized to serve as units of the Selected Reserve
of such component who are on active duty (other than
for training or for unsatisfactory participation in train-
ing) without their consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or in-
dividual members of the Selected Reserve for any reserve
component are released from active duty during any fiscal
year, the end strength prescribed for such fiscal year for the
Selected Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a),
the reserve components of the Armed Forces are authorized,
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as of September 30, 2023, the following number of Reserves
to be serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components:
(1) The Army National Guard of the United States,
30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States,
25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) IN GENERAL.—The minimum number of military
technicians (dual status) as of the last day of fiscal year
2023 for the reserve components of the Army and the Air
Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army National Guard of the United
States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United
States, 10,994.
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(4) For the Air Force Reserve, 7,111.
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY
TECHNICIANS (DUAL STATUS).—The number of temporary
military technicians (dual-status) employed under the author-
ity of subsection (a) may not exceed 25 percent of the total
authorized number specified in such subsection.
(c) LIMITATION.—Under no circumstances may a mili-
tary technician (dual status) employed under the authority of
this section be coerced by a State into accepting an offer of
realignment or conversion to any other military status, in-
cluding as a member of the Active, Guard, and Reserve pro-
gram of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conver-
sion, no further action will be taken against the individual or
the individual’s position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR OPER-
ATIONAL SUPPORT.
During fiscal year 2023, the maximum number of mem-
bers of the reserve components of the Armed Forces who may
be serving at any time on full-time operational support duty
under section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States,
17,000.
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(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States,
16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated for fiscal year 2023 for
the use of the Armed Forces and other activities and agencies
of the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the fund-
ing table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any
other authorization of appropriations (definite or indefinite)
for such purpose for fiscal year 2023.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in
grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer
and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades
of O-8 and O-9.
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Sec. 504. Authorized strength after December 31, 2022: general officers and
flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limita-
tions on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military de-
partments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement
for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of
a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense
and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’
Training Corps in reports accompanying the national defense
strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Re-
serve Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the Na-
tional Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard
and Reserve duty at the request of a Governor may not inter-
fere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain
reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Re-
serve Officers’ Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review
boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of
the Armed Forces and Department of Defense and Coast
Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who
accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative dis-
charges of certain members on the basis of failure to receive
COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the
Space Force.
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Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occu-
pational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospec-
tive recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment
incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial
and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public sec-
ondary schools.
Sec. 537. Best practices for the retention of certain female members of the
Armed Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted
aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize
in air and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain
other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of
military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of offenses
under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy founda-
tions.
Sec. 552. Individuals from the District of Columbia who may be considered for
appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of agreement to serve as an officer.
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Sec. 554. Naval Postgraduate School and United States Air Force Institute of
Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service
academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military
education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of
the Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-
led programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic depend-
ent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit depend-
ents of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit dependents of
members of the Armed Forces with enrollment changes due to
base closures, force structure changes, or force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion coordinators for
Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide fi-
nancial assistance to members of the Armed Forces for in-
home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of
the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for
purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools
operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military
records to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of
the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
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Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications; codi-
fication.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installa-
tions.
Sec. 597. Briefing on the effects of economic inflation on members of the
Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of
the professional military ethic of the Space Force.
Subtitle A—Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFI-
CERS ON ACTIVE DUTY IN GRADES OF MAJOR,
LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10,
United States Code, is amended by inserting after the items
relating to the Marine Corps new items relating to the total
number of commissioned officers (excluding officers in cat-
egories specified in subsection (b) of such section) serving on
active duty in the Space Force in the grades of major, lieu-
tenant colonel, and colonel, respectively, as follows:
‘‘3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565’’.
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SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON AC-
TIVE DUTY IN GENERAL OFFICER AND FLAG OFFI-
CER GRADES.
Section 525 of title 10, United States Code, is amend-
ed—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by
striking ‘‘as follows:’’ and inserting an em dash;
(B) in paragraph (4)(C), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(5) in the Space Force, if that appointment would
result in more than—
‘‘(A) 2 officers in the grade of general;
‘‘(B) 7 officers in a grade above the grade of
major general; or
‘‘(C) 6 officers in the grade of major gen-
eral.’’;’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘and Ma-
rine Corps’’ and inserting ‘‘Marine Corps, and
Space Force’’; and
(B) in paragraph (2), by striking ‘‘or Marine
Corps’’ and inserting ‘‘Marine Corps, or Space
Force’’; and
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(3) in subsection (d), by striking ‘‘or Commandant
of the Marine Corps’’ and inserting ‘‘Commandant of
the Marine Corps, or Chief of Space Operations’’.
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON
ACTIVE DUTY IN THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United
States Code, as amended by section 502, is amended—
(1) in subparagraph (B), by striking ‘‘33’’ and in-
serting ‘‘34’’; and
(2) in subparagraph (C), by striking ‘‘50’’ and in-
serting ‘‘49’’.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022:
GENERAL OFFICERS AND FLAG OFFICERS ON AC-
TIVE DUTY.
Section 526a of title 10, United States Code, is amend-
ed—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by
striking ‘‘and Marine Corps’’ and inserting ‘‘Marine
Corps, and Space Force’’;
(B) in paragraph (1), by striking ‘‘220’’ and
inserting ‘‘218’’;
(C) in paragraph (2), by striking ‘‘151’’ and
inserting ‘‘149’’;
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(D) in paragraph (3), by striking ‘‘187’’ and
inserting ‘‘170’’; and
(E) by adding at the end the following new
paragraph:
‘‘(5) For the Space Force, 21.’’; and
(2) in subsection (b)(2), by adding at the end the
following new subparagraph:
‘‘(E) For the Space Force, 6.’’.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OF-
FICERS AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is
amended by striking ‘‘retirement, but not for more than 60
days.’’ and inserting the following: ‘‘retirement, but—
‘‘(A) subject to subparagraph (B), not for
more than 60 days; and
‘‘(B) with respect to an officer awaiting retire-
ment following not less than one year of consecutive
deployment outside of the United States to a com-
bat zone (as defined in section 112(c) of the Inter-
nal Revenue Code of 1986) or in support of a con-
tingency operation, not for more than 90 days.’’.
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SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL
TRIAL COUNSEL FROM LIMITATIONS ON AUTHOR-
IZED STRENGTHS FOR GENERAL AND FLAG OFFI-
CERS.
During the two-year period beginning on the date of the
enactment of this Act, the limitations in section 526a(a) of
title 10, United States Code, as amended by section 504,
shall not apply to a general or flag officer serving in the posi-
tion of lead special trial counsel pursuant to an appointment
under section 1044f(a)(2) of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFI-
CERS OF THE ARMED FORCES.
(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT OF-
FICERS.—Section 572 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’;
and
(2) by adding at the end the following new sub-
section:
‘‘(b) The Secretary concerned shall credit a person who
is receiving an original appointment as a warrant officer in
the regular component of an armed force under the jurisdic-
tion of such Secretary concerned, and who has advanced edu-
cation or training or special experience, with constructive
service for such education, training, or experience, as follows:
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‘‘(1) For special training or experience in a par-
ticular warrant officer field designated by the Secretary
concerned, if such training or experience is directly re-
lated to the operational needs of the armed force con-
cerned, as determined by such Secretary concerned.
‘‘(2) For advanced education in a warrant officer
field designated by the Secretary concerned, if such edu-
cation is directly related to the operational needs of the
armed force concerned, as determined by such Secretary
concerned.’’.
(b) REPORT.—Not later than February 1, 2027, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a report on the amendments made by subsection (a). Such re-
port shall include—
(1) the evaluation of such amendments by the Sec-
retary;
(2) the estimate of the Secretary regarding how
many individuals are eligible for credit under subsection
(b) of such section, as added by subsection (a); and
(3) the determination of the Secretary whether ex-
isting special pay for such members is adequate.
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SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OF-
FICERS IN THE MILITARY DEPARTMENTS FOR
PROMOTION.
(a) PROMOTION BY SELECTION BOARDS: RECOMMENDA-
TION; EXCLUSION FROM CONSIDERATION.—Section 575 of
title 10, United States Code, is amended by adding at the
end the following new subsections:
‘‘(e)(1) In selecting the warrant officers to be rec-
ommended for promotion, a selection board shall, when au-
thorized by the Secretary concerned, recommend warrant offi-
cers of particular merit, pursuant to guidelines and proce-
dures prescribed by the Secretary concerned, from among
those warrant officers selected for promotion, to be placed
higher on the promotion list contained in the report of such
board under section 576(c) of this title.
‘‘(2) A selection board may recommend that a warrant
officer be placed higher on a promotion list under paragraph
(1) only if the warrant officer receives the recommendation
of at least a majority of the members of the board, unless
the Secretary concerned establishes an alternative require-
ment. Any such alternate requirement shall be furnished to
the board as part of the guidelines furnished to the board
under section 576 of this title.
‘‘(3) For the warrant officers recommended to be placed
higher on a promotion list under paragraph (1), the board
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shall recommend the order in which those warrant officers
should be placed on the list.
‘‘(f)(1) Upon the request of a warrant officer, the Sec-
retary concerned may exclude the warrant officer from con-
sideration for promotion under this section.
‘‘(2) The Secretary concerned may approve a request of
a warrant officer under paragraph (1) only if—
‘‘(A) the basis for the request is to allow the officer
to complete—
‘‘(i) an assignment in support of career pro-
gression;
‘‘(ii) advanced education;
‘‘(iii) an assignment such Secretary determines
is of significant value to the Armed Force con-
cerned; or
‘‘(iv) a career progression requirement delayed
by an assignment or education;
‘‘(B) such Secretary determines that such exclusion
from consideration is in the best interest of the Armed
Force concerned; and
‘‘(C) the officer has not previously failed of selec-
tion for promotion to the grade for which the officer re-
quests exclusion from consideration.’’.
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(b) PRIORITY FOR PROMOTION OF WARRANT OFFICERS
IN REPORT OF SELECTION BOARD.—Subsection (c) of sec-
tion 576 of such title is amended to read as follows:
‘‘(c) The names of warrant officers selected for pro-
motion under this section shall be arranged in the report of
such board in the following order of priority:
‘‘(1) Warrant officers recommended under section
575(e) of this title to be placed higher on the promotion
list, in the order in which the board determines.
‘‘(2) Warrant officers otherwise recommended for
promotion, in the order of seniority on the warrant offi-
cer active-duty list.’’.
(c) PROMOTIONS: HOW MADE; EFFECTIVE DATE.—Sec-
tion 578(a) of such title is amended by striking ‘‘of the se-
niority of such officers on the warrant officer active-duty list’’
and inserting ‘‘set forth in section 576(c) of this title’’.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS
OF MANDATORY RETIREMENT FOR SUPERINTEND-
ENTS OF MILITARY SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
7321(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under
this subsection is granted, the subsequent nomination and ap-
pointment of such officer having served as Superintendent of
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the Academy to a further assignment in lieu of retirement
shall be subject to the advice and consent of the Senate.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section
8371(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under
this subsection is granted, the subsequent nomination and ap-
pointment of such officer having served as Superintendent of
the Academy to a further assignment in lieu of retirement
shall be subject to the advice and consent of the Senate.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9321(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under
this subsection is granted, the subsequent nomination and ap-
pointment of such officer having served as Superintendent of
the Academy to a further assignment in lieu of retirement
shall be subject to the advice and consent of the Senate.’’.
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PER-
SONNEL PERFORMING DUTIES OF A NUCLEAR
AND MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
1682) is amended—
(1) by redesignating paragraph (8) as paragraph
(9); and
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(2) by inserting after paragraph (7) the following
new paragraph (8):
‘‘(8) A staffing plan for managing personnel in the
13N career field as the Air Force transitions from the
Minuteman III weapon system to the Sentinel weapon
system.’’.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE
SECRETARY OF DEFENSE AND OTHER DEPART-
MENT OF DEFENSE HEADQUARTERS OFFICES.
(a) OFFICE OF THE SECRETARY OF DEFENSE.—The
Secretary of Defense shall conduct an assessment of staffing
of the Office of the Secretary of Defense. Such assessment
shall including the following elements:
(1) A validation of every military staff billet as-
signed to the Office of the Secretary of Defense against
existing military personnel requirements.
(2) The estimated effect of returning 15 percent of
such military staff billets to operational activities of the
Armed Forces concerned, over a period of 36 months,
would have on the office of the Secretary of Defense and
other Department of Defense Headquarters Offices.
(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for
such reductions, and the process by which the billets
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would be returned to the operational activities of the
Armed Forces concerned.
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The
Chairman of the Joint Chiefs of Staff shall conduct an as-
sessment of staffing of the Office of the Joint Chiefs of Staff.
Such assessment shall including the following elements:
(1) A validation of every military staff billet as-
signed to the Office of the Joint Chiefs of Staff against
existing military personnel requirements.
(2) The estimated effect of returning 15 percent of
such military staff billets to operational activities of the
Armed Forces concerned, over a period of 36 months,
would have on the office of the Joint Staff and the
Chairman’s Controlled Activities and other related Joint
Staff Headquarters Offices.
(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for
such reductions, and the process by which the billets
would be returned to the operational activities of the
Armed Forces concerned.
(c) INTERIM BRIEFING AND REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1,
2023, the Secretary shall provide to the Committees on
Armed Services of the Senate and House of Representa-
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tives an interim briefing on the assessments under sub-
sections (a) and (b).
(2) FINAL REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the Sen-
ate and House of Representatives a report on the assess-
ments under subsections (a) and (b). Such report shall
include the following:
(A) A validation of every military staff billet
assigned to the Office of the Secretary of Defense
and the Joint Staff to include the Chairman’s Con-
trolled Activities against existing military personnel
requirements.
(B) The methodology and process through
which such validation was performed.
(C) Relevant statistical analysis on military bil-
let fill rates against validated requirements.
(D) An analysis of unvalidated military billets
currently performing staff support functions,
(E) The rationale for why unvalidated military
billets may be required.
(F) The cost of military staff filling both vali-
dated and unvalidated billets.
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(G) Lessons learned through the military billet
validation process and statistical analysis under
subparagraphs (B) through (F).
(H) Any other matters the Secretary deter-
mines relevant to understanding the use of military
staff billets described in subsections (a) and (b).
(I) Any legislative, policy or budgetary rec-
ommendations of the Secretary related to the sub-
ject matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE
EVALUATIONS.
(a) REVIEW REQUIRED.—Not later than one year after
the enactment of this Act, the Comptroller General of the
United States shall review the officer performance reports of
each Armed Force under the jurisdiction of a Secretary of a
military department in order to—
(1) study the fitness report systems used for the
performance evaluation of officers; and
(2) provide to the Secretary of Defense and the Sec-
retaries of the military departments recommendations
regarding how to improve such systems.
(b) ELEMENTS.—The review required under subsection
(a) shall include the following:
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(1) An analysis of the effectiveness of the fitness re-
port systems at evaluating and documenting the per-
formance of officers.
(2) A comparison of the fitness report systems for
officers of each Armed Force described in subsection (a)
with best practices for performance evaluations used by
public- and private-sector organizations.
(3) An analysis of the value of fitness reports in
providing useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in
providing useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report
systems to—
(A) increase its effectiveness at accurately eval-
uating and documenting the performance of offi-
cers;
(B) provide more useful information to officer
promotion boards; and
(C) provide more useful feedback regarding
evaluated officers.
(c) ACCESS TO DATA AND RECORDS.—The Secretaries
of the military departments shall provide to the Comptroller
General sufficient resources and access to technical data, in-
dividuals, organizations, and records that the Comptroller
General requires to complete the review under this section.
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(d) SUBMISSION TO SECRETARIES.—Upon completing
the review under subsection (a), the Comptroller General
shall submit to the Secretary of Defense and the Secretaries
of the military departments a report on the results of the re-
view.
(e) SUBMISSION TO CONGRESS.—Not later than 30 days
after the date on which the Secretary of Defense and the Sec-
retaries of the military departments receive the report under
subsection (d), the Secretary of Defense shall submit to the
congressional defense committees—
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such
report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) STUDY REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military de-
partments, shall submit to the Committees on Armed Services
of the Senate and House of Representatives a study of the
roles and responsibilities of chaplains.
(b) ELEMENTS.—The study under subsection (a) shall
include the following:
(1) The resources (including funding, administrative
support, and personnel) available to support religious
programs.
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(2) Inclusion of chaplains in resiliency, suicide pre-
vention, wellness, and other related programs.
(3) The role of chaplains in embedded units, head-
quarters activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains
spend in roles including pastoral care, religious services,
counseling, and administration.
(6) The results of any surveys that have assessed
the roles, responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for
chaplains during fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer
ministry services.
Subtitle B—Reserve Component
Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE
SENIOR RESERVE OFFICERS’ TRAINING CORPS IN
REPORTS ACCOMPANYING THE NATIONAL DE-
FENSE STRATEGY.
Section 113(m) of title 10, United States Code, is
amended—
(1) by redesignating the second paragraph (8) as
paragraph (11);
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(2) by redesignating the first paragraph (8), as
paragraph (10);
(3) by redesignating paragraphs (5), (6), and (7)
paragraphs (7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following
new paragraphs:
‘‘(5) The number of Senior Reserve Officers’ Train-
ing Corps scholarships awarded during the fiscal year
covered by the report, disaggregated by gender, race,
and ethnicity, for each military department.
‘‘(6) The program completion rates and program
withdrawal rates of Senior Reserve Officers’ Training
Corps scholarship recipients during the fiscal year cov-
ered by the report, disaggregated by gender, race, and
ethnicity, for each military department.’’.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN IN-
STRUCTOR IN THE JUNIOR RESERVE OFFICERS’
TRAINING CORPS.
(a) IN GENERAL.—Section 2031 of title 10, United
States Code, is amended—
(1) by redesignating subsections (f) and (g) as sub-
sections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following
new subsection:
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‘‘(f)(1) Instead of, or in addition to, detailing officers
and noncommissioned officers on active duty under subsection
(c)(1) or authorizing the employment of retired officers and
noncommissioned officers under subsection (d) or (e), the
Secretary of the military department concerned may author-
ize qualified institutions to employ as administrators and in-
structors in the program officers or noncommissioned officers
who—
‘‘(A)(i) receive honorable discharges—
‘‘(I) after completing at least eight years of
service; and
‘‘(II) not longer than five years before applying
for such employment; or
‘‘(ii)(I) are in an active status; and
‘‘(II) who are not yet eligible for retired pay; and
‘‘(B) apply for such employment.
‘‘(2) The Secretary of the military department concerned
shall pay to the institution an amount equal to one-half of
the amount to be paid to an instructor pursuant to the
JROTC Instructor Pay Scale for any period.
‘‘(3) Notwithstanding the limitation in paragraph (2),
the Secretary of the military department concerned may pay
to the institution more than one-half of the amount paid to
the member by the institution if, as determined by such Sec-
retary—
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‘‘(A) the institution is in an educationally and eco-
nomically deprived area; and
‘‘(B) such action is in the national interest.
‘‘(4) Payments under this subsection shall be made from
funds appropriated for that purpose.
‘‘(5) The Secretary of the military department concerned
may require an officer or noncommissioned officer employed
under this subsection to transfer to the Individual Ready Re-
serve as a condition of such employment.’’.
(b) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing regarding—
(1) the number of instructors employed pursuant to
the amendment made by subsection (a); and
(2) costs to the Federal Government arising from
such employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RE-
SERVE OFFICERS IN THE NATIONAL GUARD DUE
TO UNDUE DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United
States Code, is amended to read as follows:
‘‘(2) If there is a delay in extending Federal recognition
in the next higher grade in the Army National Guard or the
Air National Guard to a reserve commissioned officer of the
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Army or the Air Force that exceeds 100 days from the date
the National Guard Bureau deems such officer’s application
for Federal recognition to be completely submitted by the
State and ready for review at the National Guard Bureau,
and the delay was not attributable to the action or inaction
of such officer—
‘‘(A) in the event of State promotion with an effec-
tive date before January 1, 2024, the effective date of
the promotion concerned under paragraph (1) may be
adjusted to a date determined by the Secretary con-
cerned, but not earlier than the effective date of the
State promotion; and
‘‘(B) in the event of State promotion with an effec-
tive date on or after January 1, 2024, the effective date
of the promotion concerned under paragraph (1) shall be
adjusted by the Secretary concerned to the later of—
‘‘(i) the date the National Guard Bureau
deems such officer’s application for Federal recogni-
tion to be completely submitted by the State and
ready for review at the National Guard Bureau; and
‘‘(ii) the date on which the officer occupies a
billet in the next higher grade.’’.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) ELEMENT.—Subsection (a) of section 105 of title 32,
United States Code, is amended—
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(1) in paragraph (6), by striking ‘‘; and’’ and in-
serting a semicolon;
(2) in paragraph (7), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) the units and members of the Army National
Guard or Air National Guard comply with Federal law
and policy applicable to the National Guard, including
policies issued by the Secretary of Defense, the Secretary
of the military department concerned, or the Chief of the
National Guard Bureau.’’.
(b) REPORT.—Not later than six months after the date
of the enactment of this Act, the Secretary of the Army and
the Secretary of the Air Force shall submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a report on the implementation of paragraph (8)
of such subsection, as added by subsection (a). Such report
shall include the following:
(1) The number of inspections conducted that in-
cluded determinations under such paragraph.
(2) With regard to each such inspection—
(A) the date;
(B) the unit of the Army National Guard or
the Air National Guard inspected;
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(C) the officer who conducted such inspection;
and
(D) the determination of the officer whether
the unit was in compliance with Federal law and
policy applicable to the National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PER-
FORMANCE OF ACTIVE GUARD AND RESERVE
DUTY AT THE REQUEST OF A GOVERNOR MAY NOT
INTERFERE WITH CERTAIN DUTIES.
(a) IN GENERAL.—Section 328(b) of title 32, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(c) WAIVER AUTHORITY.—(1) Notwithstanding section
101(d)(6)(A) of title 10 and subsection (b) of this section,
the Governor of a State or the Commonwealth of Puerto
Rico, Guam, or the Virgin Islands, or the commanding gen-
eral of the District of Columbia National Guard, as the case
may be, may, at the request of the Secretary concerned, order
a member of the National Guard to perform Active Guard
and Reserve duty for purposes of performing training of the
regular components of the armed forces as the primary duty.
‘‘(2) Training performed under paragraph (1) must be
in compliance with the requirements of section
502(f)(2)(B)(i) of this title.
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‘‘(3) No more than 100 personnel may be granted a
waiver by a Secretary concerned under paragraph (1) at a
time.
‘‘(4) The authority under paragraph (1) shall terminate
on October 1, 2024.’’.
(b) BRIEFING ON PERFORMANCE OF TRAINING AS PRI-
MARY DUTY.—Not later than March 1, 2023, the Secretary
of the Army and the Secretary of the Air Force shall each
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Rep-
resentatives a briefing describing how many members of the
National Guard are performing Active Guard and Reserve
duty for purposes of performing training of the regular com-
ponents of the Armed Forces as primary duty.
(c) BRIEFING ON END STRENGTH REQUIREMENTS.—
Not later than October 1, 2024, the Secretary of the Army
and the Secretary of the Air Force shall each submit to the
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives a
briefing outlining the end strength requirement going forward
for Active Guard and Reserve forces of the National Guard
impacted by subsection (c) of section 328(b) of title 32,
United States Code, as added by subsection (a) of this sec-
tion.
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SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR
FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81), is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Until’’;
(2) by striking ‘‘September 30, 2026’’ and inserting
‘‘September 30, 2029’’;
(3) by striking ‘‘support’’ and inserting ‘‘carry out’’;
(4) by striking ‘‘personnel of the California Na-
tional Guard’’ and inserting ‘‘National Guard personnel
(including from the Colorado National Guard and the
California National Guard)’’; and
(5) by adding at the end the following:
‘‘(b) TRANSFER.—Until the date specified in subsection
(a), no component (including any analytical responsibility) of
the FireGuard program may be transferred from the Depart-
ment of Defense to another entity. If the Secretary seeks to
make such a transfer, the Secretary shall, at least three years
before such transfer, provide to the appropriate congressional
committees a written report and briefing that detail—
‘‘(1) plans of the Secretary for such transfer; and
‘‘(2) how such transfer will sustain and improve de-
tection and monitoring of wildfires.
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‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘appropriate congressional
committees’ means the following:
‘‘(1) The Committee on Armed Services of the Sen-
ate.
‘‘(2) The Committee on Armed Services of the
House of Representatives.
‘‘(3) The Select Committee on Intelligence of the
Senate.
‘‘(4) The Permanent Select Committee on Intel-
ligence of the House of Representatives.’’.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHAL-
LENGE PROGRAM.
Section 516 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81) is amended, in
subsection (a), by striking ‘‘fiscal year 2022’’ and inserting
‘‘fiscal years 2022 and 2023’’.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS RE-
GARDING UNITS OF CERTAIN RESERVE COMPO-
NENTS.
(a) NOTICE REQUIRED; ELEMENTS.—The Secretary of a
military department may not take any covered action regard-
ing a covered unit until the day that is 60 days after the Sec-
retary of a military department submits to Congress notice
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of such covered action. Such notice shall include the following
elements:
(1) An analysis of how the covered action would im-
prove readiness.
(2) A description of how the covered action would
align with the National Defense Strategy and the sup-
porting strategies of each military departments.
(3) A description of any proposed organizational
change associated with the covered action and how the
covered action will affect the relationship of administra-
tive, operational, or tactical control responsibilities of the
covered unit.
(4) The projected cost and any projected long-term
cost savings of the covered action.
(5) A detailed description of any requirements for
new infrastructure or relocation of equipment and assets
necessary for the covered action.
(6) A description of how the covered activity will af-
fect the ability of the covered Armed Force to accom-
plish its current mission.
(b) APPLICABILITY.—This section shall apply to any
step to perform covered action regarding a covered unit on
or after the date of the enactment of this Act.
(c) DEFINITIONS.—In this section:
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(1) The term ‘‘covered action’’ means any of the
following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ‘‘covered Armed Force’’ means the
following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ‘‘covered unit’’ means a unit of a re-
serve component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF
NATIONAL GUARD OFFICERS.
(a) INDEPENDENT STUDY.—
(1) IN GENERAL.—Not later than 60 days after the
date of the enactment of this Act, the Secretary of De-
fense shall seek to enter into a contract with a federally
funded research and development center to conduct a
study on the National Guard commissioned officer and
warrant officer promotion system and provide rec-
ommendations to the Department of Defense, the De-
partment of the Air Force, the Department of the Army,
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the National Guard Bureau, and individual State Na-
tional Guard commands.
(2) ELEMENTS.—The study referred to in para-
graph (1) shall include a comprehensive review and as-
sessment of the following:
(A) Reasons for delays in processing personnel
actions for Federal recognition of State National
Guard member promotions.
(B) The Federal recognition process used to
extend Federal recognition to State promotions.
(C) Best practices among the various State
National Guards for managing their requirements
under the existing National Guard promotion sys-
tem.
(D) Possible improvements to requirements,
policies, procedures, workflow, or resources to re-
duce the processing time for Federal recognition of
state promotions.
(E) An assessment of the feasibility of devel-
oping or adopting a commercially available solution
for an integrated enterprise information technology
system for managing National Guard officer and
warrant officer promotions that allows seamless
transition for promotions as they move through re-
view at the National Guard Bureau, the Depart-
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ment of the Army, the Department of the Air
Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness
of any recommendations made.
(G) Possible remedies for undue delays in Fed-
eral recognition, including adjustment to the effec-
tive date of promotion beyond current statutory au-
thorities.
(H) Any other matters the federally funded re-
search and development center determines relevant.
(3) REPORT.—
(A) IN GENERAL.—The contract under para-
graph (1) shall require the federally funded re-
search and development center that conducts the
study under the contract to submit to the Secretary
of Defense, the Secretary of the Army, the Sec-
retary of the Air Force, and the Chief of the Na-
tional Guard Bureau a report on the results of the
study.
(B) SUBMISSION TO CONGRESS.—Upon receiv-
ing the report required under subparagraph (A), the
Secretary of Defense shall submit an unedited copy
of the report results to the congressional defense
committees within 30 days of receiving the report
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from the federally funded research and development
corporation.
(b) REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, and annually there-
after until the date specified in paragraph (3), the Sec-
retary of Defense, in consultation with the Secretary of
the Army and the Secretary of the Air Force as appro-
priate, shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report detailing the cur-
rent status of the Federal recognition process for Na-
tional Guard promotions.
(2) ELEMENTS.—The report required under para-
graph (1) shall include the following elements:
(A) An update on efforts to transition to fully
digital processes in accordance with recommenda-
tions made pursuant to subsection (a).
(B) The average processing time for personnel
actions related to Federal recognition of reserve
commissioned officer promotions in the Army and
Air National Guards, respectively, including the
time in days from the date at which the National
Guard Bureau received the promotion until the date
at which Federal recognition was granted.
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(C) The average time it took during the pre-
vious fiscal year to extend Federal recognition.
(D) The number of Army and Air National
Guard officers who experienced Federal recognition
delays greater than 90 days in the previous fiscal
year.
(E) A summary of any additional resources or
authorities needed to further streamline the Federal
recognition processes to reduce average Federal rec-
ognition processing time to 90 days or fewer.
(F) Any other information that the Secretaries
concerned deem relevant.
(3) EXPIRATION OF ANNUAL REPORTING REQUIRE-
MENT.—The date referred to in paragraph (1) is such
time as the average processing time for personnel actions
described under this subsection is reduced to 90 days or
fewer for each of the Army and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC
DISPERSION OF JUNIOR RESERVE OFFICERS’
TRAINING CORPS.
(a) REPORT: REVIEW; UPDATE.—The Secretary of De-
fense, in consultation with the Secretaries of the military de-
partments, shall review and update the 2017 report from the
RAND Corporation titled ‘‘Geographic and Demographic
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Representativeness of Junior Reserve Officer Training
Corps’’ (Library of Congress Control Number: 2017950423).
(b) ELEMENTS.—The report updated under subsection
(a) shall include the following:
(1) An assessment of whether there is adequate rep-
resentation in, and reasonable access to, units of the
Junior Reserve Officers’ Training Corps (hereinafter,
‘‘JROTC’’) for students in all regions of the of the
United States.
(2) The estimated cost and time to increase the
number of units of JROTC to ensure adequate represen-
tation and reasonable access described in paragraph (1).
(3) Recommendations to increase adequate rep-
resentation and reasonable access described in paragraph
(1) in areas of the United States that the Secretary of
Defense determines lack such adequate representation
and reasonable access.
(c) SUBMISSION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives the report updated under
this section.
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SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY
TRAINING AND EDUCATION CENTER.
Not later than 120 days after the date of the enactment
of this Act, the Secretary of Defense, in consultation with the
Assistant Secretary of Defense for Homeland Defense and
Global Security and the Chief of the National Guard Bureau,
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a briefing that in-
cludes—
(1) an organizational plan and an estimate of the
annual costs necessary for the Army Interagency Train-
ing and Education Center to carry out duties assigned
to it by the Chief of the National Guard Bureau; and
(2) the staffing requirements needed to adequately
staff such duties.
Subtitle C—General Service
Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPE-
CIAL SELECTION REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is
amended—
(1) by inserting ‘‘(A)’’ before ‘‘If the Secretary con-
cerned’’; and
(2) by adding at the end the following new subpara-
graph:
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‘‘(B) Nothing in this section shall be construed to pre-
vent a Secretary concerned from deferring consideration of
adverse information concerning an officer subject to this sec-
tion until the next regularly scheduled promotion board appli-
cable to such officer, in lieu of furnishing such adverse infor-
mation to a special selection review board under this sec-
tion.’’.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPT-
ANCE OF GIFTS BY MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE AND
COAST GUARD EMPLOYEES AND THEIR FAMILIES.
Section 2601a of title 10, United States Code, is amend-
ed—
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘; or’’ and
inserting a semicolon;
(B) by redesignating paragraph (3) as para-
graph (4); and
(C) by inserting after paragraph (2) the fol-
lowing new paragraph:
‘‘(3) that results in enrollment in a Warriors in
Transition program, as defined in section 738(e) of the
National Defense Authorization Act for Fiscal Year
2013 (Public Law 112–239; 10 U.S.C. 1071 note); or’’;
and
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(2) in subsection (c), by striking ‘‘paragraph (1),
(2) or (3) of’’.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE
DUTY FOR A MEMBER WHO ACCEPTS A FELLOW-
SHIP, SCHOLARSHIP, OR GRANT.
(a) LIMITATION.—Subsection (b) of section 2603 of title
10, United States Code, is amended by striking ‘‘at least’’.
(b) MODERNIZATION.—Subsection (a) of such section is
amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘or his designee’’ and inserting
‘‘(or an individual designated by the President)’’;
and
(B) by striking ‘‘him’’ and inserting ‘‘the mem-
ber’’;
(2) in paragraph (1), by striking ‘‘his field’’ and in-
serting ‘‘the field of the member’’;
(3) in paragraph (3), by striking ‘‘his recognized
potential for future career service’’ and inserting ‘‘the
recognized potential for future career service of the
member’’; and
(4) in the matter following paragraph (3)—
(A) by striking ‘‘his’’ both places it appears
and inserting ‘‘the member’s’’; and
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(B) by striking ‘‘him’’ and inserting ‘‘the mem-
ber’’.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEM-
BERS ON THE BASIS OF FAILURE TO RECEIVE
COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
1161 note) is amended—
(1) in the matter preceding paragraph (1), by strik-
ing ‘‘During the period of time beginning on August 24,
2021, and ending on the date that is two years after the
date of the enactment of this Act, any’’ and inserting
‘‘Any’’;
(2) in paragraph (1) by striking ‘‘; or’’ and insert-
ing a semicolon;
(3) in paragraph (2), by striking the period and in-
serting ‘‘; or’’; and
(4) by adding at the end the following new para-
graph:
‘‘(3) in the case of a covered member receiving an
administrative discharge before completing the first 180
continuous days of active duty, uncharacterized.’’.
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SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall rescind the man-
date that members of the Armed Forces be vaccinated
against COVID-19 pursuant to the memorandum dated Au-
gust 24, 2021, regarding ‘‘Mandatory Coronavirus Disease
2019 Vaccination of Department of Defense Service Mem-
bers’’.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH
GRADE RESTRICTIONS FOR THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501
of this Act) of title 10, United States Code, shall not apply
to the Space Force until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF
A MEMBER OF THE ARMED FORCES: STUDY; UP-
DATE; TRAINING; REPORT.
(a) STUDY.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall con-
duct a study on the notification processes of the next of kin
upon the death of a member of the Armed Forces. In con-
ducting the study, the Secretary shall identify the following
elements:
(1) The time it takes for such notification to occur
after such death, recovery of remains, and identification
of remains. Such time shall be determined through an
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analysis of data regarding cases involving such notifica-
tions.
(2) The effect of media (including social media) and
other forms of communication on such processes.
(3) Means by which the Secretary may improve
such processes to reduce the time described in paragraph
(1).
(4) Any legislative recommendations of the Sec-
retary to improve such processes to reduce the time de-
scribed in paragraph (1).
(b) UPDATE.—Upon completion of the study under sub-
section (a), the Secretary shall review and update training
and education materials regarding such processes, imple-
menting means described in subsection (a)(3).
(c) OPERATIONAL TRAINING.—The Secretary of the
military department concerned shall include a training exer-
cise, using materials updated (including lessons learned)
under subsection (b), regarding a death described in this sec-
tion in each major exercise conducted by such Secretary or
the Secretary of Defense.
(d) REPORT.—Not later one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and
House of Representatives a report containing—
(1) the results of the study;
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(2) a description of the update under subsection
(b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS
STANDARDS FOR MILITARY OCCUPATIONAL SPE-
CIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Army shall—
(1) establish gender-neutral physical readiness
standards that ensure soldiers can perform the duties of
their respective military occupational specialties; and
(2) provide to the Committees on Armed Services of
the Senate and House of Representatives a briefing de-
scribing the methodology used to determine the stand-
ards established under paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MAN-
DATE.
(a) REPORT REQUIRED.—The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and House of Representatives a recurring report regarding
the requirement that a member of the Armed Forces shall re-
ceive a vaccination against COVID-19. Each such report may
not contain any personally identifiable information, and shall
contain the following:
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(1) With regard to religious exemptions to such re-
quirement—
(A) the number of such exemptions for which
members applied;
(B) the number of such religious exemptions
denied;
(C) the reasons for such denials;
(D) the number of members denied such a reli-
gious exemption who complied with the require-
ment; and
(E) the number of members denied such a reli-
gious exemption who did not comply with the re-
quirement who were separated, and with what char-
acterization.
(2) With regard to medical exemptions to such re-
quirement—
(A) the number of such medical exemptions for
which members applied;
(B) the number of such medical exemptions de-
nied;
(C) the reasons for such denials;
(D) the number of members denied such a
medical exemption who complied with the require-
ment; and
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(E) the number of members denied such a
medical exemption who did not comply with the re-
quirement who were separated, and with what char-
acterization.
(b) FREQUENCY; TERMINATION.—The Secretary shall
submit the first such report not later than 90 days after the
date of the enactment of this Act and every 90 days there-
after until the first of the following to occur:
(1) The Secretary of Defense lifts such require-
ment.
(2) The day that is two years after the date of the
enactment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUN-
TARILY SEPARATED FROM THE ARMED FORCES
DUE TO PREGNANCY OR PARENTHOOD.
(a) FINDINGS.—Congress finds the following:
(1) In June 1948, Congress enacted the Women’s
Armed Services Integration Act of 1948, which formally
authorized the appointment and enlistment of women in
the regular components of the Armed Forces.
(2) With the expansion of the Armed Forces to in-
clude women, the possibility arose for the first time that
members of the regular components of the Armed Forces
could become pregnant.
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(3) The response to such possibilities and actualities
was Executive Order 10240, signed by President Harry
S. Truman in 1951, which granted the Armed Forces
the authority to involuntarily separate or discharge a
woman if she became pregnant, gave birth to a child, or
became a parent by adoption or a stepparent.
(4) The Armed Forces responded to the Executive
order by systematically discharging any woman in the
Armed Forces who became pregnant.
(5) The Armed Forces were required to offer
women who were involuntarily separated or discharged
due to pregnancy the opportunity to request retention in
the military.
(6) The Armed Forces may not have provided re-
quired separation benefits, counseling, or assistance to
the members of the Armed Forces who were separated
or discharged due to pregnancy.
(7) Thousands of members of the Armed Forces
were involuntarily separated or discharged from the
Armed Forces as a result of pregnancy.
(8) Such involuntary separation or discharge from
the Armed Forces on the basis of pregnancy was chal-
lenged in Federal district court by Stephanie Crawford
in 1975, whose legal argument stated that this practice
violated her constitutional right to due process of law.
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(9) The Court of Appeals for the Second Circuit
ruled in Stephanie Crawford’s favor in 1976 and found
that Executive Order 10240 and any regulations relating
to the Armed Forces that made separation or discharge
mandatory due to pregnancy were unconstitutional.
(10) By 1976, all regulations that permitted invol-
untary separation or discharge of a member of the
Armed Forces because of pregnancy or any form of par-
enthood were rescinded.
(11) Today, women comprise 17 percent of the
Armed Forces, and many are parents, including 12 per-
cent of whom are single parents.
(12) While military parents face many hardships,
today’s Armed Forces provide various lengths of paid
family leave for mothers and fathers, for both birth and
adoption of children.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that women who served in the Armed Forces before February
23, 1976, should not have been involuntarily separated or
discharged due to pregnancy or parenthood.
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Subtitle D—Recruitment and
Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFOR-
MATION REGARDING PROSPECTIVE RECRUITS.
(a) TREATMENT OF PERSONALLY IDENTIFIABLE INFOR-
MATION.—Section 503(a) of title 10, United States Code, is
amended adding at the end the following new paragraphs:
‘‘(3) PII regarding a prospective recruit collected or
compiled under this subsection shall be kept confidential,
and a person who has had access to such PII may not
disclose the information except for purposes of this sec-
tion or other purpose authorized by law.
‘‘(4) In the course of conducting a recruiting cam-
paign, the Secretary concerned shall—
‘‘(A) notify a prospective recruit of data collec-
tion policies of the armed force concerned; and
‘‘(B) permit the prospective recruit to elect not
to participate in such data collection.
‘‘(5) In this subsection, the term ‘PII’ means per-
sonally identifiable information.’’.
(b) PILOT PROGRAM ON RECRUITING.—
(1) AUTHORITY.—The Secretary of Defense may
conduct a pilot program (such a program shall be re-
ferred to as a ‘‘Military Recruiting Modernization Pro-
gram’’) to evaluate the feasibility and effectiveness of
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collecting and using PRI with modern technologies to
allow the Secretary to more effectively and efficiently use
recruiting resources.
(2) TREATMENT OF PROSPECTIVE RECRUIT INFOR-
MATION.—PRI collected under a pilot program under
this subsection—
(A) may be used by the Armed Forces and en-
tities into which the Secretary has entered into an
agreement regarding military recruitment only for
purposes of military recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three
years after collection; and
(3) OPT-OUT.—A pilot program under this sub-
section may allow a prospective recruit to opt-out of the
collection of PRI regarding such prospective recruit.
(4) TERMINATION.—Any such pilot program shall
terminate three years after implementation.
(5) INTERIM BRIEFING.—Not later than 90 days
after the implementing a pilot program under this sub-
section, the Secretary shall provide to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives a briefing on the pilot program. Such brief-
ing shall include the following:
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(A) The definition, prescribed by the Secretary,
of PRI.
(B) How the Secretary intends to handle pri-
vacy concerns related to the collection of PRI.
(C) Legal concerns over the collection, use, and
maintenance of PRI.
(6) FINAL REPORT.—Not later than 120 days after
the completion of a pilot program under this subsection,
the Under Secretary of Defense for Personnel and Read-
iness shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
on the pilot program. Such report shall include the fol-
lowing:
(A) A summary of whether and how the pilot
program modernized recruiting efforts.
(B) A description of any efficiencies identified
under the pilot program.
(C) Any violations of privacy laws arising from
the pilot program.
(D) Legislative recommendations of the Under
Secretary arising from this pilot program.
(7) DEFINITIONS.—In this section:
(A) The term ‘‘PRI’’ means information, pre-
scribed by the Secretary of Defense, regarding a
prospective recruit.
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(B) The term ‘‘prospective recruit’’ means an
individual who is eligible to join the Armed Forces
and is—
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equiva-
lent) or higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHOR-
ITY FOR TARGETED RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
503 note) is—
(1) is revived to read as it did immediately before
its expiration on December 31, 2020; and
(2) is amended—
(A) by striking the semicolon and inserting a
comma; and
(B) by striking ‘‘2020’’ and inserting ‘‘2025’’.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN
ARMED FORCES.
(a) REPORT REQUIRED.—Not later than 120 days after
the date of the enactment of this act, the Secretary of De-
fense, in coordination with the Secretaries of the military de-
partments, shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on re-
cruiting efforts of the covered Armed Forces.
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(b) ELEMENTS.—The report shall contain, with regards
to the covered Armed Forces during fiscal years 2018
through 2022, the following elements:
(1) A comparison of—
(A) the number of active duty enlistments from
each geographic region;
(B) the number of recruiters stationed in each
geographic region; and
(C) advertising dollars spent in each geo-
graphic region, including annual numbers and aver-
ages.
(2) A comparison of the number of active duty en-
listments produced by each recruiting battalion, recruit-
ing district, or recruiting region, the number of recruit-
ers stationed in each battalion, and advertising dollars
spent in support of each battalion, including annual
numbers and averages.
(3) An analysis of the geographic dispersion of en-
listments by military occupational specialty.
(4) An analysis of the amount of Federal funds
spent on advertising per active duty enlistment by re-
cruiting battalion, recruiting district, or recruiting re-
gion, and a ranked list of those battalions from most ef-
ficient to least efficient.
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(5) A comparison of the race, religion, sex, edu-
cation levels, military occupational specialties, and waiv-
ers for enlistment granted to enlistees by geographic re-
gion and recruiting battalion, recruiting district, or re-
cruiting region of responsibility.
(6) An assessment of obstacles that recruiters face
in the field, including access to schools and administra-
tive support.
(7) Efforts the Secretary of the military department
concerned is taking to mitigate obstacles described in
paragraph (6).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an
Armed Force under the jurisdiction of the Secretary of
a military department.
(2) The term ‘‘geographic region’’ means a region
used for the 2020 decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE
DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Not later that September 30, 2023,
the Comptroller General of the United States, in consultation
with experts determined by the Secretary of Defense, shall
evaluate the marketing and recruiting efforts of the Depart-
ment of Defense to determine how to use social media and
other technology platforms to convey to young people the op-
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portunities and benefits of service in the covered Armed
Forces.
(b) COVERED ARMED FORCE DEFINED.—In this section,
the term ‘‘covered Armed Force’’ means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUIT-
MENT ADVERTISING TO RACIAL AND ETHNIC MI-
NORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense
shall submit to the congressional defense committees a report
on the efforts of the Department of Defense to increase mar-
keting and advertising to adequately reach racial and ethnic
minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT
PRACTICES IN PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on military recruitment practices in
public secondary schools during calendar years 2018 through
2022, including—
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(1) the zip codes of public secondary schools visited
by military recruiters; and
(2) the number of recruits from public secondary
schools by zip code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN
FEMALE MEMBERS OF THE ARMED FORCES.
The Secretaries of the military departments shall share
and implement best practices regarding the use of retention
and exit survey data to identify barriers and lessons learned
to improve the retention of female members of the Armed
Forces under the jurisdiction of such Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPE-
CIAL OPERATIONS FORCES.
(a) REVIEW REQUIRED.—The Secretary of Defense shall
direct the covered officials to review (and, if a covered official
determines it necessary, update guidance and processes) mat-
ters described in section 167(e)(2)(J) of title 10, United
States Code. The covered officials shall complete such review
(and update) not later than 180 days after the date of the
enactment of this Act.
(b) ELEMENTS OF REVIEW.—The review and updates
under subsection (a) shall address the respective roles of the
military departments and the United States Special Oper-
ations Command with respect to the following:
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(1) Coordination between special operations com-
mand and the military departments regarding recruiting
and retention to ensure that personnel requirements of
special operations forces and the military departments
are met appropriately.
(2) Opportunities for members of special operations
forces to enroll in professional military education.
(3) Promotion opportunities for members of special
operations forces and an assessment of whether such op-
portunities are adequate to fulfill staffing requirements
of special operations forces.
(4) Data sharing between the military departments
and special operations command with respect to special
operations forces personnel.
(5) Any other matter the Secretary of Defense de-
termines appropriate.
(c) REPORT REQUIRED.—Not later than 90 days after
completing the review (and any updates) under subsection
(a), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representa-
tives a report on such review and any resulting updates to
guidance and processes. The report shall also include any rec-
ommendations of the Secretary regarding matters described
in subsection (a) or (b).
(d) DEFINITIONS.—In this section:
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(1) The term ‘‘covered officials’’ means—
(A) the Secretaries of the military depart-
ments;
(B) the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict; and
(C) the Commander of special operations com-
mand.
(2) The term ‘‘special operations command’’ has the
meaning given that term in section 167(a) of title 10,
United States Code.
(3) The term ‘‘special operations forces’’ means the
forces described in section 167(j) of title 10, United
States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES RE-
GARDING REMOTELY PILOTED AIRCRAFT: STUDY;
REPORT.
(a) STUDY.—The Secretary of Defense shall conduct a
study to identify opportunities to provide more support serv-
ices to, and greater recognition of combat accomplishments
of, RPA crew. Such study shall identify the following with re-
spect to each covered Armed Force:
(1) Safety policies applicable to crew of traditional
aircraft that apply to RPA crew.
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(2) Personnel policies, including crew staffing and
training practices, applicable to crew of traditional air-
craft that apply to RPA crew.
(3) Metrics the Secretaries of the military depart-
ments use to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion
rates, and career advancement opportunities for RPA
crew.
(5) Combat zone compensation available to RPA
crew.
(6) Decorations and awards for combat available to
RPA crew.
(7) Mental health care available to crew of tradi-
tional aircraft and RPA crew who conduct combat oper-
ations.
(8) Whether RPA crew receive post-separation
health (including mental health) care equivalent to crew
of traditional aircraft.
(9) An explanation of any difference under para-
graph (8).
(b) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the following:
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(1) The results of the study conducted under this
section.
(2) Any policy recommendations of the Secretary
regarding such results.
(3) Progress made by the Secretary of the Air
Force in implementing the recommendations of the
Comptroller General of the United States in the fol-
lowing reports:
(A) GAO-19-155, titled ‘‘Unmanned Aerial
Systems: Air Force Pilot Promotion Rates Have In-
creased but Oversight Process of Some Positions
Could Be Enhanced’’.
(B) GAO-20-320, titled ‘‘Unmanned Aerial
Systems: Air Force Should Take Additional Steps
to Improve Aircrew Staffing and Support’’.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an
Armed Force under the jurisdiction of the Secretary of
a military department.
(2) The term ‘‘RPA crew’’ means members of cov-
ered Armed Forces who perform duties relating to re-
motely piloted aircraft.
(3) The term ‘‘traditional aircraft’’ means fixed or
rotary wing aircraft operated by an onboard pilot.
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SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF
THE ARMY WHO SPECIALIZE IN AIR AND MISSILE
DEFENSE SYSTEMS.
(a) STUDY.—The Comptroller General of the United
States shall study efforts to retain and recruit members with
military occupational specialties regarding air and missile de-
fense systems of the Army.
(b) INTERIM BRIEFING.—Not later than 180 days after
the date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the status
of the study.
(c) FINAL REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Comptroller General
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report that identifies
steps the Secretary of the Army may take to improve such
retention and recruitment.
Subtitle E—Military Justice and
Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL
COUNSEL.
(a) DEFINITION OF COVERED OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10,
United States Code (article 1(17)(A) of the Uniform
Code of Military Justice), as added by section 533 of the
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National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1695), is amended
by striking ‘‘section 920 (article 120)’’ and inserting
‘‘section 919a (article 119a), section 920 (article 120),
section 920a (article 120a)’’.
(2) EFFECTIVE DATE.—The amendments made by
paragraph (1) shall take effect immediately after the
coming into effect of the amendments made by section
533 of the National Defense Authorization Act for Fis-
cal Year 2022 (Public Law 117–81; 135 Stat. 1695) as
provided in section 539C of that Act (10 U.S.C. 801
note) and shall apply with respect to offenses that occur
after that date.
(b) INCLUSION OF SEXUAL HARASSMENT AS COVERED
OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10,
United States Code (article 1(17)(A) of the Uniform
Code of Military Justice), as added by section 533 of the
National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1695) and amend-
ed by subsection (a) of this section, is further amend-
ed—
(A) by striking ‘‘or’’; and
(B) by striking ‘‘of this title’’ and inserting ‘‘,
or the standalone offense of sexual harassment pun-
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ishable under section 934 (article 134) of this title
in each instance in which a formal complaint is
made and such formal complaint is substantiated in
accordance with regulations prescribed by the Sec-
retary concerned’’.
(2) EFFECTIVE DATE.—The amendments made by
paragraph (1) shall take effect on January 1, 2025, and
shall apply with respect to offenses that occur after that
date.
(c) RESIDUAL PROSECUTORIAL DUTIES AND OTHER JU-
DICIAL FUNCTIONS OF CONVENING AUTHORITIES IN COV-
ERED CASES.—The President shall prescribe regulations to
ensure that residual prosecutorial duties and other judicial
functions of convening authorities, including granting immu-
nity, ordering depositions, and hiring experts, with respect to
charges and specifications over which a special trial counsel
exercises authority pursuant to section 824a of title 10,
United States Code (article 24a of the Uniform Code of Mili-
tary Justice) (as added by section 531 of the National De-
fense Authorization Act for Fiscal Year 2022 (Public Law
117–81; 135 Stat. 1692)), are transferred to the military
judge, the special trial counsel, or other authority as appro-
priate in such cases by no later than the effective date estab-
lished in section 539C of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
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801 note), in consideration of due process for all parties in-
volved in such a case.
(d) AMENDMENT TO THE RULES FOR COURTS-MAR-
TIAL.—The President shall prescribe in regulation such modi-
fications to Rule 813 of the Rules for Courts-Martial and
other Rules as appropriate to ensure that at the beginning
of each court-martial convened, the presentation of orders
does not in open court specify the name, rank, or position of
the convening authority convening such court, unless such
convening authority is the Secretary concerned, the Secretary
of Defense, or the President.
(e) BRIEFING REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the progress of the Department of Defense in implementing
this section, including an identification of—
(1) the duties to be transferred under subsection
(c);
(2) the positions to which those duties will be trans-
ferred; and
(3) any provisions of law or Rules for Courts Mar-
tial that must be amended or modified to fully complete
the transfer.
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(f) ADDITIONAL REPORTING RELATING TO IMPLEMEN-
TATION OF SUBTITLE D OF TITLE V OF THE NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.—Not
later than February 1, 2025, and annually thereafter for five
years, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report assessing the holistic effect of the re-
forms contained in subtitle D of title V of the National De-
fense Authorization Act for Fiscal Year 2022 (Public Law
117–81) on the military justice system. The report shall in-
clude the following elements:
(1) An overall assessment of the effect such reforms
have had on the military justice system and the mainte-
nance of good order and discipline in the ranks.
(2) The percentage of caseload and courts-martial
assessed as meeting, or having been assessed as poten-
tially meeting, the definition of ‘‘covered offense’’ under
section 801(17) of title 10, United States Code (article
1(17) of the Uniform Code of Military Justice) (as
added by section 533 of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 135
17 Stat. 1695)), disaggregated by offense and military
service where possible.
(3) An assessment of prevalence and data con-
cerning disposition of cases by commanders after dec-
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lination of prosecution by special trial counsel,
disaggregated by offense and military service when pos-
sible.
(4) Assessment of the effect, if any, the reforms
contained in such subtitle have had on non-judicial pun-
ishment concerning covered and non-covered offenses.
(5) A description of the resources and personnel re-
quired to maintain and execute the reforms made by
such subtitle during the reporting period relative to fis-
cal year 2022.
(6) A description of any other factors or matters
considered by the Secretary to be important to a holistic
assessment of those reforms on the military justice sys-
tem.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL
TRIAL COUNSEL.
(a) TECHNICAL CORRECTIONS.—Section 824a(c)(3) of
title 10, United States Code (article 24a(c)(3) of the Uniform
Code of Military Justice), is amended—
(1) by striking ‘‘Subject to paragraph (4)’’ and in-
serting ‘‘Subject to paragraph (5)’’; and
(2) in subparagraph (D), by striking ‘‘an ordered
rehearing’’ and inserting ‘‘an authorized rehearing’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect immediately after the coming into
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effect of the amendments made by section 531 of the Na-
tional Defense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81; 135 Stat. 1692) as provided in section 539C
of that Act (10 U.S.C. 801 note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) IN GENERAL.—Section 825(e) of title 10, United
States Code (article 25(e) of the Uniform Code of Military
Justice), is amended by adding at the end the following new
paragraph:
‘‘(4) When convening a court-martial, the convening au-
thority shall detail as members thereof members of the armed
forces under such regulations as the President may prescribe
for the randomized selection of qualified personnel, to the
maximum extent practicable.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is two years
after the date of the enactment of this Act and shall apply
with respect to courts-martial convened on or after that effec-
tive date.
(c) REGULATIONS.—Not later than the effective date
specified in subsection (b), the President shall prescribe regu-
lations implementing the requirement under paragraph (4) of
section 825(e) of title 10, United States Code (article 25(e)
of the Uniform Code of Military Justice), as added by sub-
section (a) of this section.
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SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) WAIVER OF RIGHT TO APPEAL; WITHDRAWAL OF
APPEAL.—Section 861(d) of title 10, United States Code (ar-
ticle 61(d) of the Uniform Code of Military Justice), is
amended by striking ‘‘A waiver’’ and inserting ‘‘Except as
provided by section 869(c)(2) of this title (article 69(c)(2)),
a waiver’’.
(b) JURISDICTION.—Section 866 of title 10, United
States Code (article 66 of the Uniform Code of Military Jus-
tice), is amended—
(1) in subsection (b)(1), by striking ‘‘shall have ju-
risdiction over’’ and all that follows through the period
at the end of subparagraph (D) and inserting the fol-
lowing: ‘‘shall have jurisdiction over—
‘‘(A) a timely appeal from the judgment of a court-
martial, entered into the record under section 860c(a) of
this title (article 60c(a)), that includes a finding of
guilty; and
‘‘(B) a summary court-martial case in which the ac-
cused filed an application for review with the Court
under section 869(d)(1) of this title (article 69(d)(1))
and for which the application has been granted by the
Court.’’; and
(2) in subsection (c), by striking ‘‘is timely if’’ and
all that follows through the period at the end of para-
graph (2) and inserting the following: ‘‘is timely if—
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‘‘(1) in the case of an appeal under subparagraph
(A) of such subsection, it is filed before the later of—
‘‘(A) the end of the 90-day period beginning on
the date the accused is provided notice of appellate
rights under section 865(c) of this title (article
65(c)); or
‘‘(B) the date set by the Court of Criminal Ap-
peals by rule or order; and
‘‘(2) in the case of an appeal under subparagraph
(B) of such subsection, an application for review with
the Court is filed not later than the earlier of the dates
established under section 869(d)(2)(B) of this title (arti-
cle 69(d)(2)(B)).’’.
(c) REVIEW BY JUDGE ADVOCATE GENERAL.—Section
869 of title 10, United States Code (article 69 of the Uni-
form Code of Military Justice), is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—Upon application by the accused or
receipt of the record pursuant to section 864(c)(3) of this
title (article 64(c)(3)) and subject to subsections (b), (c), and
(d), the Judge Advocate General may—
‘‘(1) with respect to a summary court-martial, mod-
ify or set aside, in whole or in part, the findings and
sentence; or
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‘‘(2) with respect to a general or special court-mar-
tial, order such court-martial to be reviewed under sec-
tion 866 of this title (article 66).’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘To qualify’’;
and
(B) by striking ‘‘not later than one year after’’
and all that follows through the period at the end
and inserting the following: ‘‘not later than—
‘‘(A) for a summary court-martial, one year after
the date of completion of review under section 864 of
this title (article 64); or
‘‘(B) for a general or special court-martial, one year
after the end of the 90-day period beginning on the date
the accused is provided notice of appellate rights under
section 865(c) of this title (article 65(c)), unless the ac-
cused submitted a waiver or withdrawal of appellate re-
view under section 861 of this title (article 61) before
being provided notice of appellate rights, in which case
the application must be submitted to the Judge Advocate
General not later than one year after the entry of judg-
ment under section 860c of this title (article 60c).
‘‘(2) The Judge Advocate General may, for good cause
shown, extend the period for submission of an application, ex-
cept that—
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‘‘(A) in the case of an application for review of a
summary court martial, the Judge Advocate may not
consider an application submitted more than three years
after the completion date referred to in paragraph
(1)(A); and
‘‘(B) in case of an application for review of a gen-
eral or special court-martial, the Judge Advocate may
not consider an application submitted more than three
years after the end of the applicable period under para-
graph (1)(B).’’;
(3) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘section
864 or 865(b) of this title (article 64 or 65(b))’’
and inserting ‘‘section 864 of this title (article 64)’’;
and
(B) in paragraph (2), by striking ‘‘the Judge
Advocate General shall order appropriate corrective
action under rules prescribed by the President’’ and
inserting ‘‘the Judge Advocate General shall send
the case to the Court of Criminal Appeals’’; and
(4) in subsection (d)—
(A) in paragraph (1), by striking ‘‘under sub-
section (c)—’’ and all that follows through ‘‘(B) in
a case submitted’’ and inserting ‘‘under subsection
(c)(1) in a case submitted’’; and
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(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘paragraph (1)’’.
(d) APPLICABILITY.—The amendments made by this
section shall not apply to—
(1) any matter that was submitted before the date
of the enactment of this Act to a Court of Criminal Ap-
peals established under section 866 of title 10, United
States Code (article 66 of the Uniform Code of Military
Justice); or
(2) any matter that was submitted before the date
of the enactment of this Act to a Judge Advocate Gen-
eral under section 869 of such title (article 69 of the
Uniform Code of Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF
THE AIR FORCE.
(a) IN GENERAL.—Section 1044f of title 10, United
States Code, is amended—
(1) in subsection (a), in the matter preceding para-
graph (1), by striking ‘‘The policies shall’’ and inserting
‘‘Subject to subsection (c), the policies shall’’;
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection:
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‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE
AIR FORCE.—In establishing policies under subsection (a),
the Secretary of Defense shall—
‘‘(1) in lieu of providing for separate offices for the
Air Force and Space Force under subsection (a)(1), pro-
vide for the establishment of a single dedicated office
from which office the activities of the special trial coun-
sel of the Department of the Air Force shall be super-
vised and overseen; and
‘‘(2) in lieu of providing for separate lead special
trial counsels for the Air Force and Space Force under
subsection (a)(2), provide for the appointment of one
lead special trial counsel who shall be responsible for the
overall supervision and oversight of the activities of the
special trial counsel of the Department of the Air
Force.’’.
(b) EFFECTIVE DATE.—The amendments made sub-
section (a) shall take effect immediately after the coming into
effect of the amendments made by section 532 of the Na-
tional Defense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81; 135 Stat. 1694) as provided in section 539C
of that Act (10 U.S.C. 801 note).
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SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASS-
MENT.
(a) DEFINITIONS.—Subsection (e) of section 1561 of
title 10, United States Code, as amended by section 543 of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 1709), is amended to read as
follows:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘independent investigator’ means a
civilian employee of the Department of Defense or a
member of the Army, Navy, Marine Corps, Air Force, or
Space Force who—
‘‘(A) is outside the immediate chain of com-
mand of the complainant and the subject of the in-
vestigation; and
‘‘(B) is trained in the investigation of sexual
harassment, as determined by—
‘‘(i) the Secretary of Defense, in the case
of a civilian employee of the Department of
Defense;
‘‘(ii) the Secretary of the Army, in the
case of a member of the Army;
‘‘(iii) the Secretary of the Navy, in the
case of a member of the Navy or Marine
Corps; or
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‘‘(iv) the Secretary of the Air Force, in
the case of a member of the Air Force or
Space Force.
‘‘(2) The term ‘sexual harassment’ means conduct
that constitutes the offense of sexual harassment as pun-
ishable under section 934 of this title (article 134) pur-
suant to the regulations prescribed by the Secretary of
Defense for purposes of such section (article).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect immediately after the coming into
effect of the amendments made by section 543 of the Na-
tional Defense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81; 135 Stat. 1709) as provided in subsection
(c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND
WORKFORCE.
(a) ANNUAL PRIMARY PREVENTION RESEARCH AGEN-
DA.—Section 549A(c) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
1722) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following
new paragraphs:
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‘‘(2) include a focus on whether and to what extent
sub-populations of the military community may be tar-
geted for interpersonal violence more than others;
‘‘(3) seek to identify factors that influence the pre-
vention, perpetration, and victimization of interpersonal
and self-directed violence;
‘‘(4) seek to improve the collection and dissemina-
tion of data on hazing and bullying related to inter-
personal and self-directed violence;’’; and
(3) by amending paragraph (6), as redesignated by
paragraph (1) of this section, to read as follows:
‘‘(6) incorporate collaboration with other Federal
departments and agencies, including the Department of
Health and Human Services and the Centers for Disease
Control and Prevention, State governments, academia,
industry, federally funded research and development cen-
ters, nonprofit organizations, and other organizations
outside of the Department of Defense, including civilian
institutions that conduct similar data-driven studies, col-
lection, and analysis; and’’.
(b) PRIMARY PREVENTION WORKFORCE.—Section 549B
of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1722) is amended—
(1) in subsection (c)—
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(A) in paragraph (2), by striking ‘‘subsection
(a)’’ and inserting ‘‘paragraph (1)’’; and
(B) by adding at the end the following new
paragraph:
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later
than one year after the date of the enactment of this
paragraph, the Comptroller General of the United States
shall submit to the congressional defense committees a
report that—
‘‘(A) compares the sexual harassment and pre-
vention training of the Department of Defense with
similar programs at other departments and agencies
of the Federal Government; and
‘‘(B) includes relevant data collected by col-
leges and universities and other relevant outside en-
tities on hazing and bullying and interpersonal and
self-directed violence.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) INCORPORATION OF RESEARCH AND FINDINGS.—
The Secretary of Defense shall ensure that the findings and
conclusions from the primary prevention research agenda es-
tablished under section 549A are regularly incorporated, as
appropriate, within the primary prevention workforce estab-
lished under subsection (a).’’.
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SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELO-
CATION OF ARMY CID SPECIAL AGENT TRAINING
COURSE.
(a) LIMITATION.—None of the funds authorized to be
appropriated by this Act or otherwise made available for fis-
cal year 2023 for the Army may be obligated or expended to
relocate an Army CID special agent training course until—
(1)(A) the Secretary of the Army submits to the
Committees on Armed Services of the Senate and the
House of Representatives—
(i) the evaluation and plan required by sub-
section (a) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1724);
(ii) the implementation plan required by sub-
section (b) of such section; and
(iii) a separate report on any plans of the Sec-
retary to relocate an Army CID special agent train-
ing course, including an explanation of the business
case for any transfer of training personnel proposed
as part of such plan;
(B) the Secretary provides to the Committee on
Armed Services of the House of Representatives a brief-
ing on the contents of each report specified in subpara-
graph (A); and
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(C) a period of 90 days has elapsed following the
briefing under subparagraph (B); and
(2) the Secretary submits a written certification to
the Committees on Armed Services of the Senate and
the House of Representatives indicating that the Army
has fully complied with subsection (c) of section 549C of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1724) with regard
to locations at which military criminal investigative
training is conducted.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘relocate’’, when used with respect to
an Army CID special agent training course, means the
transfer of such course to a location different than the
location used for such course as of the date of the enact-
ment of this Act.
(2) The term ‘‘Army CID special agent training
course’’ means a training course provided to members of
the Army to prepare such members for service as special
agents in the Army Criminal Investigation Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF
THE ARMY AND CERTAIN OTHER ORGANIZATIONS.
(a) REVIEW OF TITLING AN INDEXING DECISIONS.—
Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall review the case file
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of each member or former member of the Army, the Army
Reserve, or the Army National Guard who was titled or in-
dexed in connection with the Guard Recruiting Assistance
Program, the Army Reserve Recruiting Assistance Program,
or any related activity to determine the appropriateness of
the titling or indexing decision that was made with respect
to such member or former member.
(b) FACTORS TO BE CONSIDERED.—In reviewing a ti-
tling or indexing decision under subsection (a), the Secretary
of the Army shall consider—
(1) the likelihood that the member or former mem-
ber to whom the decision pertains will face future crimi-
nal prosecution or other adverse action on the basis of
the facts in the record at the time of the review;
(2) the appropriate evidentiary standard to apply to
the review of the decision; and
(3) such other circumstances or factors as the Sec-
retary determines are in the interest of equity and fair-
ness.
(c) NOTIFICATION AND APPEAL.—
(1) IN GENERAL.—Upon the completion of each re-
view under subsection (a), the Secretary of the Army
shall notify the member or former member concerned of
such review, the disposition of the relevant instance of
titling or indexing, and the mechanisms the member or
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former member may pursue to seek correction, removal,
or expungement of that instance of titling or indexing.
(2) NOTIFICATION OF NEXT OF KIN.—In a case in
which a member or former member required to be noti-
fied under paragraph (1) is deceased, the Secretary of
the Army shall provide the notice required under such
paragraph to the primary next of kin of the member or
former member.
(d) ACTIONS BY THE SECRETARY OF THE ARMY.—If the
Secretary of the Army determines that correction, removal, or
expungement of an instance of titling or indexing is appro-
priate after considering the factors under subsection (b), the
Secretary of the Army may request that the name, personally
identifying information, and other information relating to the
individual to whom the titling or indexing pertains be cor-
rected in, removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative re-
port of the Department of Defense or any component of
the Department.
(2) An index item or entry in the Department of
Defense Central Index of Investigations (DCII).
(3) Any other record maintained in connection with
a report described in paragraph (1), or an index item or
entry described in paragraph (2), in any system of
records, records database, records center, or repository
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maintained by or on behalf of the Department, including
entries in the Federal Bureau of Investigation’s Inter-
state Identification Index or any successor system.
(e) REPORT OF SECRETARY OF THE ARMY.—Not later
than 180 days after the completion of the review required by
subsection (a), the Secretary of the Army shall submit to the
Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the review. The
report shall include the following:
(1) The total number of instances of titling and in-
dexing reviewed under such subsection.
(2) The number of cases in which action was taken
to correct, remove, or expunge an instance of titling or
indexing.
(3) The number of members and former members
who remain titled after the conclusion of the review.
(4) The number of members and former members
who remain indexed after the conclusion of the review.
(5) A brief description of the reasons the members
and former members counted under paragraphs (3) and
(4) remain titled or indexed.
(6) Such other matters as the Secretary determines
appropriate.
(f) SECRETARY OF DEFENSE REVIEW AND REPORT.—
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(1) REVIEW.—The Secretary of Defense shall con-
duct a review the titling and indexing practices of the
criminal investigative organizations of the Armed Forces.
Such review shall include—
(A) an assessment of the practices of titling
and indexing and the continued relevance of such
practices to the operation of such criminal inves-
tigative organizations;
(B) an evaluation of the suitability of the evi-
dentiary requirements and related practices for ti-
tling and indexing in effect at the time of the re-
view; and
(C) the development of recommendations, as
appropriate, to improve the consistency, accuracy,
and utility of the titling and indexing processes
across such criminal investigative organizations.
(2) REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
on the results of the review conducted under paragraph
(1).
(g) DEFINITIONS.—In this section:
(1) The term ‘‘titling’’ means the practice of identi-
fying an individual as the subject of a criminal investiga-
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tion the records of a military criminal investigative orga-
nization and storing such information in a database or
other records system.
(2) The term ‘‘indexing’’ means the practice of sub-
mitting an individual’s name or other personally identifi-
able information to the Federal Bureau of Investiga-
tion’s Interstate Identification Index, or any successor
system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED
FOR IMPLEMENTATION OF MILITARY JUSTICE RE-
FORM.
(a) BRIEFING AND REPORT REQUIRED.—
(1) BRIEFING.—Not later than March 1, 2023, and
no less frequently than once every 180 days thereafter
through December 31, 2024, each Secretary concerned
shall provide to the appropriate congressional commit-
tees a briefing that details the resourcing necessary to
implement subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law
117–81) and the amendments made by that subtitle.
(2) REPORT.—Not later than one year after the
date of the enactment of this Act, each Secretary con-
cerned shall submit to the appropriate congressional
committees a report that details the resourcing necessary
to implement subtitle D of title V of the National De-
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fense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) and the amendments made by that sub-
title.
(3) FORM OF BRIEFING AND REPORT.—The Secre-
taries concerned may provide the briefings and report re-
quired under paragraphs (1) and (2) jointly, or sepa-
rately, as determined appropriate by such Secretaries.
(b) ELEMENTS.—The briefing and report required under
subsection (a) shall address the following:
(1) The number of personnel and personnel author-
izations (military and civilian) required by the Armed
Forces to implement and execute the provisions of sub-
title D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) and the
amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to
paragraph (1), including the following:
(A) A description of the organizational struc-
ture in which such personnel or groups of personnel
are or will be aligned.
(B) The nature of the duties and functions to
be performed by any such personnel or groups of
personnel across the domains of policy-making, exe-
cution, assessment, and oversight.
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(C) The optimum caseload goal assigned to the
following categories of personnel who are or will
participate in the military justice process: criminal
investigators of different levels and expertise, lab-
oratory personnel, defense counsel, special trial
counsel, military defense counsel, military judges,
military magistrates, and paralegals.
(D) Any required increase in the number of
personnel currently authorized in law to be assigned
to the Armed Force concerned.
(3) The nature and scope of any contract required
by the Armed Force concerned to implement and execute
the provisions of subtitle D of title V of the National De-
fense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) and the amendments made by that sub-
title.
(4) The amount and types of additional funding re-
quired by the Armed Force concerned to implement the
provisions of subtitle D of title V of the National De-
fense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) and the amendments made by that sub-
title.
(5) Any additional authorities required to imple-
ment the provisions of subtitle D of title V of the Na-
tional Defense Authorization Act for Fiscal Year 2022
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(Public Law 117–81) and the amendments made by that
subtitle.
(6) Any additional information the Secretary con-
cerned determines is necessary to ensure the manning,
equipping, and resourcing of the Armed Forces to imple-
ment and execute the provisions of subtitle D of title V
of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81) and the amendments
made by that subtitle.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Armed Services, the
Committee on Commerce, Science, and Transpor-
tation, and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the
Committee on Transportation and Infrastructure,
and the Committee on Appropriations of the House
of Representatives.
(2) The term ‘‘Secretary concerned’’ has the mean-
ing given that term in section 101(a) of title 10, United
States Code.
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SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL
FOR VICTIMS OF OFFENSES UNDER THE UNIFORM
CODE OF MILITARY JUSTICE.
(a) REPORT REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Defense Advisory
Committee on Investigation, Prosecution, and Defense of Sex-
ual Assault in the Armed Forces (referred to in this section
as the ‘‘Advisory Committee’’) shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives and each Secretary concerned a report on the
feasibility and advisability of establishing a uniform policy for
the sharing of the information described in subsection (c)
with a Special Victims’ Counsel, Victims’ Legal Counsel, or
other counsel representing a victim of an offense under chap-
ter 47 of title 10, United States Code (the Uniform Code of
Military Justice).
(b) ELEMENTS.—The report under subsection (a) shall
include the following:
(1) An assessment of the feasibility and advisability
of establishing the uniform policy described in subsection
(a), including an assessment of the potential effects of
such a policy on—
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
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(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and advisable,
a description of—
(A) the stages of the military justice process at
which the information described in subsection (c)
should be made available to counsel representing a
victim; and
(B) any circumstances under which some or all
of such information should not be shared.
(3) Such recommendations for legislative or admin-
istrative action as the Advisory Committee considers ap-
propriate.
(c) INFORMATION DESCRIBED.—The information de-
scribed in this subsection is the following:
(1) Any recorded statements of the victim to inves-
tigators.
(2) The record of any forensic examination of the
person or property of the victim, including the record of
any sexual assault forensic exam of the victim that is in
possession of investigators or the Government.
(3) Any medical record of the victim that is in the
possession of investigators or the Government.
(d) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘‘Secretary concerned’’ has the meaning given that
term in section 101(a)(9) of title 10, United States Code.
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SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES IN-
FORMATION.
Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, acting through the head
of the Sexual Assault Prevention and Response Office of the
Department of Defense, shall ensure that information on the
availability of legal resources from civilian legal service orga-
nizations is distributed to military-connected sexual assault
victims in an organized and consistent manner.
Subtitle F—Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILI-
TARY SERVICE ACADEMY FOUNDATIONS.
(a) IN GENERAL.—Subchapter I of chapter 134 of title
10, United States Code, is amended by inserting after section
2245 the end the following new section:
‘‘§ 2246. Authorization of certain support for military
service academy foundations
‘‘(a) AUTHORITY.—Subject to subsection (b) and pursu-
ant to regulations prescribed by the Secretary of Defense, the
Superintendent of a Service Academy may authorize a cov-
ered foundation to use, on an unreimbursed basis, facilities
or equipment of such Service Academy.
‘‘(b) LIMITATIONS.—Use of facilities or equipment under
subsection (a) may be provided only if such use—
‘‘(1) is without any liability of the United States to
the covered foundation;
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‘‘(2) does not affect the ability of any official or em-
ployee of the military department concerned, or any
member of the armed forces, to carry out any responsi-
bility or duty in a fair and objective manner;
‘‘(3) does not compromise the integrity or appear-
ance of integrity of any program of the military depart-
ment concerned, or any individual involved in such a
program;
‘‘(4) does not include the participation of any cadet
or midshipman, other than participation in an honor
guard at an event of the covered foundation;
‘‘(5) complies with the Joint Ethics Regulation; and
‘‘(6) has been reviewed and approved by an attorney
of the military department concerned.
‘‘(c) BRIEFING.—In any fiscal year during which the Su-
perintendent of a Service Academy exercises the authority
under subsection (a), the Secretary of the military depart-
ment concerned shall provide a briefing not later than the
last day of that fiscal year to the Committees on Armed Serv-
ices of the Senate and House of Representatives regarding
the number of events or activities of a covered foundation
supported by such exercise during such fiscal year.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered foundation’ means a chari-
table, educational, or civic nonprofit organization under
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section 501(c)(3) of the Internal Revenue Code of 1986,
that the Secretary concerned determines operates exclu-
sively to support, with respect to a Service Academy, any
of the following:
‘‘(A) Recruiting.
‘‘(B) Parent or alumni development.
‘‘(C) Academic, leadership, or character devel-
opment.
‘‘(D) Institutional development.
‘‘(E) Athletics.
‘‘(2) The term ‘Service Academy’ has the meaning
given such term in section 347 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by inserting
after the item relating to item 2245 the following new item:
‘‘2246. Authorization of certain support for military service academy founda-
tions.’’.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA
WHO MAY BE CONSIDERED FOR APPOINTMENT TO
MILITARY SERVICE ACADEMIES.
(a) UNITED STATES MILITARY ACADEMY.—Section
7442 of title 10, United States Code, is amended, in sub-
section (b)(5), by striking ‘‘paragraphs (3) and (4)’’ and in-
serting ‘‘paragraphs (3) through (10)’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8454 of
title 10, United States Code, is amended, in subsection
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(b)(5), by striking ‘‘paragraphs (3) and (4)’’ and inserting
‘‘paragraphs (3) through (10)’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9442 of title 10, United States Code, is amended, in sub-
section (b)(5), by striking ‘‘paragraphs (3) and (4)’’ and in-
serting ‘‘paragraphs (3) through (10)’’.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY
PROFESSIONAL SPORT CONSTITUTES A BREACH
OF AGREEMENT TO SERVE AS AN OFFICER.
(a) UNITED STATES MILITARY ACADEMY.—Section
7448 of title 10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
‘‘(5) That the cadet may not obtain employment as
a professional athlete until two years after the cadet
graduates from the Academy.’’.
(2) Subsection (b) is amended by adding at the end
the following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection
(a) is not eligible for the alternative obligation under para-
graph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
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(B) by inserting, after paragraph (1), the fol-
lowing new paragraph (2):
‘‘(2) that a cadet who obtains employment as a pro-
fessional athlete—
‘‘(A) in violation of paragraph (5) of sub-
section (a) has breached an agreement under such
subsection; and
‘‘(B) at least two years after the cadet grad-
uates from the Academy has not breached an agree-
ment under subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who
is a graduate of the Academy’’ and inserting ‘‘with
respect to a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘ca-
det’s’’.
(5) Subsection (f) is amended by striking ‘‘the
terms’’ and inserting ‘‘each term’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8459 of
title 10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
‘‘(5) That the midshipman may not obtain employ-
ment as a professional athlete until two years after the
midshipman graduates from the Academy.’’.
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(2) Subsection (b) is amended by adding at the end
the following new paragraph:
‘‘(4) A midshipman who violates paragraph (5) of sub-
section (a) is not eligible for the alternative obligation under
paragraph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the fol-
lowing new paragraph (2):
‘‘(2) that a midshipman who obtains employment as
a professional athlete—
‘‘(A) in violation of paragraph (5) of sub-
section (a) has breached an agreement under such
subsection; and
‘‘(B) at least two years after the midshipman
graduates from the Academy has not breached an
agreement under subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who
is a graduate of the Academy’’ and inserting ‘‘with
respect to a midshipman’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘mid-
shipman’s’’.
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(5) Subsection (f) is amended by striking ‘‘the
terms’’ and inserting ‘‘each term’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section
9448 of title 10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to
read as follows:
‘‘(5) That the cadet may not obtain employment as
a professional athlete until two years after the cadet
graduates from the Academy.’’.
(2) Subsection (b) is amended by adding at the end
the following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection
(a) is not eligible for the alternative obligation under para-
graph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the fol-
lowing new paragraph (2):
‘‘(2) that a cadet who obtains employment as a pro-
fessional athlete—
‘‘(A) in violation of paragraph (5) of sub-
section (a) has breached an agreement under such
subsection; and
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‘‘(B) at least two years after the cadet grad-
uates from the Academy has not breached an agree-
ment under subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who
is a graduate of the Academy’’ and inserting ‘‘with
respect to a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘ca-
det’s’’.
(5) Subsection (f) is amended by striking ‘‘the
terms’’ and inserting ‘‘each term’’.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES
AIR FORCE INSTITUTE OF TECHNOLOGY: TERMS
OF PROVOSTS AND CHIEF ACADEMIC OFFICERS.
(a) NAVAL POSTGRADUATE SCHOOL.—
(1) IN GENERAL.—Section 8543 of title 10, United
States Code, is amended—
(A) by striking ‘‘Academic Dean’’ each place it
appears and inserting ‘‘Chief Academic Officer’’;
(B) in subsection (a), by striking the second
sentence and inserting ‘‘An individual selected by
the Secretary of the Navy for the position of Pro-
vost and Chief Academic Officer shall serve in that
position for a term of not more than five years and
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may be continued in that position for an additional
term of up to five years.’’
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) SECTION HEADING.—The heading of such
section is amended by striking ‘‘Academic
Dean’’ and inserting ‘‘Chief Academic Offi-
cer’’.
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 855 of such title
is amended by striking the item relating to section
8543 and inserting the following new item:
‘‘8543. Provost and Chief Academic Officer.’’.
(C) CONFORMING AMENDMENT.—Section
8542(a)(4)(A)(ii)(II) of such title is amended by
striking ‘‘permanently appointed to the position of
Provost and Academic Dean’’ and inserting ‘‘se-
lected for the position of Provost and Chief Aca-
demic Officer’’.
(b) UNITED STATES AIR FORCE INSTITUTE OF TECH-
NOLOGY.—Subsection (b) of section 9414b of such title is
amended—
(1) in the heading, by striking ‘‘ACADEMIC DEAN’’
and inserting ‘‘CHIEF ACADEMIC OFFICER’’;
(2) by striking ‘‘Academic Dean’’ each place it ap-
pears and inserting ‘‘Chief Academic Officer’’;
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(3) in paragraph (1), by striking ‘‘appointed’’ and
inserting ‘‘selected’’; and
(4) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) TERM.—An individual selected for the position
of Provost and Chief Academic Officer shall serve in that
position for a term of not more than five years and may
be continued in that position for an additional term of
up to five years.’’.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY
ENLISTED MEMBERS.
(a) IN GENERAL.—Subsection (a)(2)(D)(iii) of section
8545 of title 10, United States Code, is amended by striking
‘‘only on a space-available basis’’.
(b) BRIEFING.—Six years after the date of the enact-
ment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and House of
Representatives on the effects of increasing enrollment of en-
listed members at the Naval Postgraduate School pursuant to
the amendment made by subsection (a). Such briefing shall
include the following elements:
(1) Any increase to the effectiveness, readiness, or
lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion (in-
cluding compensation to members), and retention.
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SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMO-
GRAPHICS OF MILITARY SERVICE ACADEMY AP-
PLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 7442 note) is
amended by adding at the end the following new subpara-
graph:
‘‘(C) Anything the Secretary determines to be
significant regarding gender, race, ethnicity, or
other demographic information, described in sub-
section (b), of such individuals.’’.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY
EDUCATION.
(a) REPORT.—Not later than December 1, 2025, the
Secretary of Defense, in coordination with the Chairman of
the Joint Chiefs of Staff and the Secretaries of the military
departments, shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report on
the effectiveness of PME in educating officers of the Armed
Forces.
(b) ELEMENTS.—The Secretary of Defense shall include
in the report the following elements:
(1) DEFINITIONS; PURPOSE STATEMENT.—In order
to improve readiness and create a culture of lifelong
learning for PME students and faculty—
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(A) recommendations regarding whether to de-
fine PME, or to revise existing definitions in section
2151 of title 10, United States Code; and
(B) a purpose statement for PME.
(2) COURSE OF STUDY.—With regards to a course
of study in PME—
(A) an analysis of, and legislative recommenda-
tions regarding, the existing three-phase approach
to JPME under section 2154 of title 10, United
States Code.
(B) legislative recommendations regarding de-
veloping a statutory three-phase approach for PME
other than JPME, similar to such approach for
JPME; and
(C) a proposed career learning plan, provided
to an officer every two years, to track the progress
of such officer in achieving PME and JPME out-
comes and other career milestones.
(3) CURRICULUM EVALUATION.—An evaluation of
curricula of institutions of PME, including—
(A) compliance with subject matter require-
ments under chapter 107 of title 10, United States
Code;
(B) legislative recommendations regarding such
subject matter requirements, including whether to
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include the national defense strategy in such re-
quirements;
(C) the curriculum development process, in-
cluding whether such process is responsive to
changing global threats, and any ways to improve
such process to be able to make rapid, relevant, and
responsive curriculum updates;
(D) current modes of instruction and related
recommendations, including the use of interactive
seminars, war games, simulations, experiential
learning, and iterative case studies;
(E) special areas of focus regarding innovation,
including disruptive change, adaptive thinking, de-
sign thinking, cyber security, artificial intelligence,
applied design for innovation, and other areas the
Secretary determines appropriate; and
(F) the development and assessment of learn-
ing outcomes regarding lethality and strategic influ-
ence.
(4) SYSTEMS OF ACCOUNTABILITY AND PERFORM-
ANCE.—An evaluation of the following accountability and
performance systems:
(A) Student performance assessments.
(B) The documentation of student performance
in military service records.
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(C) Consideration of student performance
records in the determination of assignments and
promotions.
(D) Consideration of expertise or academic
focus in the determination of assignments.
(5) ACADEMIC FACULTY AND STUDENT REVIEW
SYSTEM.—A summary of current processes to review the
following:
(A) The means by which faculty assigned to
teach PME (including members of the Armed
Forces and civilian personnel) are selected, man-
aged, promoted, and evaluated.
(B) The academic freedom of faculty described
in subparagraph (A).
(C) A review of how members are selected for
residential and non-residential PME, including the
consideration of student performance assessments
during PME.
(6) INTERACTIONS OF WITH INSTITUTIONS OF PME
CIVILIAN INSTITUTIONS.—
(A) PARTNERSHIPS.—A review of existing aca-
demic partnerships between institutions of PME
and civilian institutions, including—
(i) the scopes, purposes, and lengths of
such partnerships;
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(ii) any research, curriculum development,
or sharing of faculty or students between insti-
tutions; and
(iii) any collaborations or exchanges by
faculties or students.
(B) CONSORTIUM.—An appraisal of a prospec-
tive consortium of institutions of PME and civilian
institutions, including—
(i) the feasability and advisability of es-
tablishing such a consortium;
(ii) recommendations, if any, regarding
potential consortium members;
(iii) the anticipated costs and timeline to
establish such a consortium; and
(iii) whether the inclusion of the Naval
Postgraduate School or Air Force Institute of
Technology in such a consortium would require
legislation.
(7) ORGANIZATION.—With regards to the organiza-
tional structure and lines of authority established pursu-
ant to section 2152 of title 10, United States Code—
(A) an analysis; and
(B) any legislative recommendations.
(c) INTERIM BRIEFINGS AND FINAL REPORT.—
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(1) INITIAL BRIEFING.—Not later than June 1,
2023, the Secretary of Defense shall provide to the Com-
mittees on Armed Services of the House of Representa-
tives and the Senate an initial briefing on the progress
of the Secretary in preparing the report.
(2) INTERIM BRIEFINGS.—Every six months after
the initial briefing, the Secretary of Defense shall pro-
vide to the Committees on Armed Services of the House
of Representatives and the Senate an interim briefing on
the progress and contents of the report.
(3) FINAL BRIEFING.—Not later than December 1,
2025, in conjunction with issuance of the final report,
the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and House of Rep-
resentatives a final briefing on the findings and rec-
ommendations in the report.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of PME’’ means—
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
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(2) The terms ‘‘intermediate level service school’’,
‘‘joint intermediate level service school’’, and ‘‘senior
level service school’’ have the meaning given such terms
in section 2151 of title 10, United States Code.
(3) The term ‘‘JPME’’ means ‘‘joint professional
military education’’ has the meaning given such term in
section 2151 of title 10, United States Code.
(4) The term ‘‘PME’’ means professional military
education, including JPME.
(5) The term ‘‘professional military education
schools’’ means the schools specified in section 2162(b)
of title 10, United States Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF
PROFESSIONAL MILITARY EDUCATION.
(a) IN GENERAL.—Not later than December 1, 2023,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a report regarding the treatment of China in the curricula of
institutions of military education, including changes to such
treatment implemented in the five years preceding the date
of such report.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of military education’’
means—
(A) the professional military education schools;
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(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ‘‘intermediate level service school’’,
‘‘joint intermediate level service school’’, and ‘‘senior
level service school’’ have the meaning given such terms
in section 2151 of title 10, United States Code.
(3) The term ‘‘professional military education
schools’’ means the schools specified in section 2162 of
title 10, United States Code.
Subtitle G—Member Training and
Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) IN GENERAL.—Section 1143(e) of title 10, United
States Code, is amended—
(1) in the heading, by adding ‘‘; SKILLBRIDGE’’
after ‘‘TRAINING’’; and
(2) in paragraph (1), by adding at the end ‘‘Such
a program shall be known as ‘Skillbridge’.’’.
(b) REGULATIONS.—To carry out Skillbridge, the Sec-
retary of Defense shall, not later than September 30, 2023—
(1) update Department of Defense Instruction
1322.29, titled ‘‘Job Training, Employment Skills Train-
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ing, Apprenticeships, and Internships (JTEST-AI) for
Eligible Service Members’’; and
(2) develop a funding plan for Skillbridge that in-
cludes funding lines across the future-years defense pro-
gram under section 221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROC-
ESSING IN THE ARMY.
(a) ESTABLISHMENT.—Not later than January 1, 2024,
the Secretary of the Army shall implement a pilot program
to expedite in-processing and out-processing at one or more
military installations—
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) FUNCTIONS.—The pilot program shall perform the
following functions:
(1) Enable the remote in-processing and out-proc-
essing of covered personnel, including by permitting cov-
ered personnel to sign forms electronically.
(2) Reduce the number of hours required of covered
personnel for in-processing and out-processing.
(3) Provide, to covered personnel and the com-
mander of a military installation concerned, electronic
copies of records related to in-processing and out-proc-
essing.
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(c) TERMINATION.—The pilot program shall terminate
on January 1st, 2027.
(d) REPORT.—Not later than January 1, 2026, the Sec-
retary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding
the pilot program, including the recommendation of the Sec-
retary whether to make the pilot program permanent.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ includes members
of the Army and civilian employees of the Department
of the Army.
(2) The term ‘‘in-processing’’ means the adminis-
trative activities that covered personnel undertake pursu-
ant to a permanent change of station.
(3) The term ‘‘out-processing’’ means the adminis-
trative activities that covered personnel undertake pursu-
ant to a permanent change of station, separation from
the Army, or end of employment with the Department
of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM
ACTIVE DUTY WHO FILE CLAIMS FOR DISABILITY
BENEFITS.
(a) REPORT REQUIRED.—Not later than one year after
the date of the enactment of this Act, and not later than each
January 1 thereafter through 2025, the Secretary of Defense,
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in consultation with the Secretary of Veterans Affairs, shall
submit to the appropriate congressional committees a report
on members of the Armed Forces who file claims for dis-
ability benefits.
(b) ELEMENTS.—The report under this section shall in-
clude, for the period beginning on October 1, 2019, through
the month that ended most recently before the date of the re-
port, the number of members serving on active duty,
disaggregated by Armed Force, who filed a claim for dis-
ability benefits—
(1) more than 180 days before the discharge or re-
lease of such member from active duty;
(2) between 180 and 90 days before the discharge
or release of such member from active duty;
(3) fewer than 90 days before the discharge or re-
lease of such member from active duty;
(4) before separation and was issued a decision let-
ter before the discharge or release of such member from
active duty;
(5) before separation and was issued a decision let-
ter after the discharge or release of such member from
active duty;
(6) completed a mental health evaluation before the
discharge or release of such member from active duty;
and
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(7) did not complete a mental health evaluation be-
fore the discharge or release of such member from active
duty.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congressional
committees’’ means the following:
(1) The Committees on Armed Services of the Sen-
ate and House of Representatives.
(2) The Committees on Veterans’ Affairs of the
Senate and House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE IN STEM.
(a) STUDY ON MEMBERS AND CIVILIANS.—Not later
than September 30, 2023, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the Senate and
House of Representatives a briefing containing the results of
a study on how to increase participation of covered individ-
uals in positions in the covered Armed Forces or Department
of Defense and related to STEM.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an
Armed Force under the jurisdiction of the Secretary of
a military department.
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(2) The term ‘‘covered individual’’ means a fe-
male—
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of De-
fense.
(3) The term ‘‘STEM’’ means science, technology,
engineering, and mathematics.
Subtitle H—Military Family Readi-
ness and Dependents’ Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION
OF SUPPORT FOR CHAPLAIN-LED PROGRAMS FOR
MEMBERS OF THE ARMED FORCES.
(a) IN GENERAL.—Section 1789 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘chaplain-led programs’’ and
inserting ‘‘a chaplain-led program’’;
(B) by striking ‘‘members of the armed forces’’
and all that follows through ‘‘status and their im-
mediate family members,’’ and inserting ‘‘a covered
individual’’; and
(C) by inserting ‘‘, or to support the resiliency,
suicide prevention, or holistic wellness of such cov-
ered individual’’ after ‘‘structure’’;
(2) in subsection (b)—
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(A) by striking ‘‘members of the armed forces
and their family members’’ and inserting ‘‘a covered
individual’’;
(B) by striking ‘‘programs’’ and inserting ‘‘a
program’’; and
(C) by striking ‘‘retreats and conferences’’ and
inserting ‘‘a retreat or conference’’; and
(3) by striking subsection (c) and inserting the fol-
lowing:
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this section,
the term ‘covered individual’ means—
‘‘(1) a member of the armed forces on active duty;
‘‘(2) a member of the reserve components in an ac-
tive status; or
‘‘(3) a dependent of an individual described in sub-
paragraph (A) or (B).’’.
(b) ANNUAL BRIEFINGS.—Not later than one year after
the date of the enactment of this Act, and annually thereafter
for five years, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a briefing on implementation of the amend-
ments made by this section. Each such briefing shall include
the following:
(1) The frequency with which the Secretaries of the
military departments used the authority under such
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amendments in the year preceding the date of the brief-
ing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR EN-
ROLLMENT AT DOMESTIC DEPENDENT ELEMEN-
TARY AND SECONDARY SCHOOLS: EXTENSION; RE-
PORT.
(a) EXTENSION.—Section 589C(e) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2164
note) is amended by striking ‘‘four years after the date of the
enactment of this Act’’ and inserting ‘‘on July 1, 2029’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than December 31,
2028, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House
of Representatives a report on the conduct of the pilot
program under such section.
(2) ELEMENTS.—The report shall include a descrip-
tion of—
(A) the locations at which the pilot program is
carried out;
(B) the number of students participating in the
pilot program for each academic year by location;
and
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(C) the outcome measures used to gauge the
value of the pilot program to the Department of
Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN RE-
GARDING TRANSPORTATION OF REMAINS OF CAS-
UALTIES.
Section 580A of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92) is amended by
adding at the end the following:
‘‘(c) TRANSPORTATION OF DECEASED MILITARY MEM-
BER.—In the event of a death that requires the Secretary
concerned to provide a death benefit under subchapter II of
chapter 75 of title 10, United States Code, such Secretary—
‘‘(1) shall provide the next of kin or other appro-
priate person a commercial air travel use waiver for the
transportation of deceased remains of military member
who dies outside of—
‘‘(A) the United States; and
‘‘(B) a theater of combat operations; or
‘‘(2) may provide the next of kin or other appro-
priate person a commercial air travel use waiver for the
transportation of deceased remains of military member
who dies inside a theater of combat operations.’’.
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SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL
AGENCIES THAT BENEFIT DEPENDENTS OF MILI-
TARY AND CIVILIAN PERSONNEL.
(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL
EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the
amount authorized to be appropriated for fiscal year
2023 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in
the funding table in section 4301, $50,000,000 shall be
available only for the purpose of providing assistance to
local educational agencies under subsection (a) of section
572 of the National Defense Authorization Act for Fis-
cal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In
this subsection, the term ‘‘local educational agency’’ has
the meaning given that term in section 7013(9) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABIL-
ITIES.—
(1) IN GENERAL.—Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section
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301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in
section 4301, $10,000,000 shall be available for pay-
ments under section 363 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001
(as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL AMOUNT.—Of the amount author-
ized to be appropriated for fiscal year 2023 pursuant to
section 301 and available for operation and maintenance
for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available for
use by the Secretary of Defense to make payments to
local educational agencies determined by the Secretary to
have higher concentrations of military dependent stu-
dents with severe disabilities.
(3) REPORT.—Not later than March 31, 2023, the
Secretary shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the
evaluation of the Secretary of each local educational
agency with higher concentrations of military dependent
students with severe disabilities and subsequent deter-
mination of the amounts of impact aid each such agency
shall receive.
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SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS OF
THE ARMED FORCES WITH ENROLLMENT
CHANGES DUE TO BASE CLOSURES, FORCE
STRUCTURE CHANGES, OR FORCE RELOCATIONS.
(a) ASSISTANCE AUTHORIZED.—To assist communities
in making adjustments resulting from changes in the size or
location of the Armed Forces, the Secretary of Defense shall
provide financial assistance to an eligible local educational
agency described in subsection (b) if, during the period be-
tween the end of the school year preceding the fiscal year for
which the assistance is authorized and the beginning of the
school year immediately preceding that school year, the local
educational agency—
(1) had (as determined by the Secretary of Defense
in consultation with the Secretary of Education) an over-
all increase or reduction of—
(A) not less than five percent in the average
daily attendance of military dependent students in
the schools of the local educational agency; or
(B) not less than 500 military dependent stu-
dents in average daily attendance in the schools of
the local educational agency; or
(2) is projected to have an overall increase, between
fiscal years 2023 and 2028, of not less than 500 military
dependent students in average daily attendance in the
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schools of the local educational agency as the result of
a signed record of decision.
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local
educational agency is eligible for assistance under subsection
(a) for a fiscal year if—
(1) 20 percent or more of students enrolled in
schools of the local educational agency are military de-
pendent students; and
(2) in the case of assistance described in subsection
(a)(1), the overall increase or reduction in military de-
pendent students in schools of the local educational
agency is the result of one or more of the following:
(A) The global rebasing plan of the Depart-
ment of Defense.
(B) The official creation or activation of one or
more new military units.
(C) The realignment of forces as a result of
the base closure process.
(D) A change in the number of housing units
on a military installation.
(E) A signed record of decision.
(c) CALCULATION OF AMOUNT OF ASSISTANCE.—
(1) PRO RATA DISTRIBUTION.—The amount of the
assistance provided under subsection (a) to a local edu-
cational agency that is eligible for such assistance for a
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467
fiscal year shall be equal to the product obtained by mul-
tiplying—
(A) the per-student rate determined under
paragraph (2) for that fiscal year; by
(B) the net of the overall increases and reduc-
tions in the number of military dependent students
in schools of the local educational agency, as deter-
mined under subsection (a).
(2) PER-STUDENT RATE.—For purposes of para-
graph (1)(A), the per-student rate for a fiscal year shall
be equal to the dollar amount obtained by dividing—
(A) the total amount of funds made available
for that fiscal year to provide assistance under sub-
section (a); by
(B) the sum of the overall increases and reduc-
tions in the number of military dependent students
in schools of all eligible local educational agencies
for that fiscal year under that subsection.
(3) MAXIMUM AMOUNT OF ASSISTANCE.—A local
educational agency may not receive more than
$15,000,000 in assistance under subsection (a) for any
fiscal year.
(d) DURATION.—Assistance may not be provided under
subsection (a) after September 30, 2028.
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(e) NOTIFICATION.—Not later than June 30, 2023, and
June 30 of each fiscal year thereafter for which funds are
made available to carry out this section, the Secretary of De-
fense shall notify each local educational agency that is eligible
for assistance under subsection (a) for that fiscal year of—
(1) the eligibility of the local educational agency for
the assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse assistance made available under sub-
section (a) for a fiscal year not later than 30 days after the
date on which notification to the eligible local educational
agencies is provided pursuant to subsection (e) for that fiscal
year.
(g) BRIEFING REQUIRED.—Not later than March 1,
2023, the Secretary of Defense shall brief the Committees on
Armed Services of the Senate and the House of Representa-
tives on the estimated cost of providing assistance to local
educational agencies under subsection (a) through September
30, 2028.
(h) ELIGIBLE USES.—Amounts disbursed to a local edu-
cation agency under subsection (f) may be used by such local
educational agency for—
(1) general fund purposes;
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(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) FUNDING.—
(1) INCREASE.—Notwithstanding the amounts set
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 301 for Operation
and Maintenance, Defense-wide, Department of Defense
Education Activity, Line 390, as specified in the cor-
responding funding table in section 4301, is hereby in-
creased by $15,000,000 for purposes of this section.
(2) OFFSET.—Notwithstanding the amounts set
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 301 for Operation
and Maintenance, Defense-wide, for Washington Head-
quarters Services, Line 500, as specified in the cor-
responding funding table in section 4301, is hereby re-
duced by $15,000,000.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘base closure process’’ means any
base closure and realignment process conducted after the
date of the enactment of this Act under section 2687 of
title 10, United States Code, or any other similar law
enacted after that date.
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(2) The term ‘‘local educational agency’’ has the
meaning given that term in section 7013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
(3) The term ‘‘military dependent students’’
means—
(A) elementary and secondary school students
who are dependents of members of the Armed
Forces; and
(B) elementary and secondary school students
who are dependents of civilian employees of the De-
partment of Defense.
(4) The term ‘‘State’’ means each of the several
States and the District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS IN-
CLUSION COORDINATORS FOR DEPARTMENT OF
DEFENSE CHILD DEVELOPMENT CENTERS.
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the Secretaries of the military departments, shall
carry out a pilot program to hire special needs inclusion coor-
dinators at child development centers selected by the Sec-
retary under subsection (b).
(b) SELECTION OF CENTERS.—The Secretary of Defense
shall select the child development centers at which the pilot
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program required by subsection (a) will be carried out based
on—
(1) the number of dependent children enrolled in
the Exceptional Family Member Program at the military
installation on which the center in located;
(2) the number of children with special needs en-
rolled in the center; and
(3) such other considerations as the Secretary, in
consultation with the Secretaries of the military depart-
ments, considers appropriate.
(c) FUNCTIONS.—Each special needs inclusion coordi-
nator assigned to a child development center under the pilot
program required by subsection (a) shall—
(1) coordinate intervention and inclusion services at
the center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of
children with special needs.
(d) BRIEFINGS REQUIRED.—
(1) BRIEFING ON ANTICIPATED COSTS.—Not later
than March 1, 2023, the Secretary of Defense shall pro-
vide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the an-
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ticipated costs for the pilot program required by sub-
section (a).
(2) BRIEFING ON EFFECTIVENESS OF PROGRAM.—
Not later than September 30, 2025, the Secretary of De-
fense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a brief-
ing on the pilot program required by subsection (a) that
includes—
(A) the number of special needs inclusion coor-
dinators hired under the pilot program;
(B) a description of any issues relating to the
retention of those coordinators;
(C) a recommendation with respect to whether
the pilot program should be made permanent or ex-
panded to other military installations; and
(D) an assessment of the amount of funding
required to make the pilot program permanent or
expand the pilot program to other military installa-
tions, as the Secretary recommends under subpara-
graph (C).
(e) DURATION OF PILOT PROGRAM.—The pilot program
required by subsection (a) shall—
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
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(f) CHILD DEVELOPMENT CENTER DEFINED.—In this
section, the term ‘‘child development center’’ has the meaning
given that term in section 2871(2) of title 10, United States
Code, and includes a facility identified as a child care center
or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) IN GENERAL.—Each Secretary concerned shall pro-
mote, to members of the Armed Forces under the jurisdiction
of such Secretary concerned, awareness of child care assist-
ance available under—
(1) section 1798 of title 10, United States Code;
and
(2) section 589 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 1791 note).
(b) REPORTING.—Not later than one year after the date
of the enactment of this Act, each Secretary concerned shall
submit to the Committees on Armed Services of the Senate
and House of Representatives a report summarizing activities
taken by such Secretary concerned to carry out subsection
(a).
(c) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘‘Secretary concerned’’ has the meaning given such
term in section 101 of title 10, United States Code.
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SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIR-
ING.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of De-
fense for Personnel and Readiness shall seek to convene an
industry roundtable to discuss the hiring of military spouses.
Such discussion shall include the following elements:
(1) The value of, and opportunities to, private enti-
ties that hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military
spouses encounter in the labor market.
(4) Gaps and opportunities in the labor market for
military spouses.
(5) Best hiring practices from industry leaders in
human resources.
(6) The benefits of portable licenses and interstate
licensure compacts for military spouses.
(b) PARTICIPANTS.—The participants in the roundtable
shall include the following:
(1) The Under Secretary of Defense for Personnel
and Readiness.
(2) The Assistant Secretary for Manpower and Re-
serve Affairs of each military department.
(3) The Director of the Defense Human Resources
Activity.
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(4) Other officials of the Department of Defense
the Secretary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) NOTICE.—The Under Secretary shall publish notice
of the roundtable in multiple private sector forums and the
Federal Register to encourage participation in the roundtable
by private entities and entities interested in the hiring of
military spouses.
(d) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of
the Senate and House of Representatives on the lessons
learned from the roundtable, including the recommendation
of the Secretary whether to convene the roundtable annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE
MILITARY INTERSTATE CHILDREN’S COMPACT.
(a) RECOMMENDATIONS REQUIRED.—The Secretaries
concerned, in consultation with States through the Defense-
State Liaison Office, shall develop recommendations to im-
prove the Military Interstate Children’s Compact.
(b) CONSIDERATIONS.—In carrying out subsection (a),
the Secretaries concerned shall—
(1) identify any barriers—
(A) to the ability of a parent of a transferring
military-connected child to enroll the child, in ad-
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vance, in an elementary or secondary school in the
State in which the child is transferring, without re-
quiring the parent or child to be physically present
in the State; and
(B) to the ability of a transferring military-
connected child who receives special education serv-
ices to gain access to such services and related sup-
ports in the State to which the child transfers with-
in the timeframes required under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(2) consider the feasibility and advisability of—
(A) tracking and reporting the number of fami-
lies who use advanced enrollment in States that
offer advanced enrollment to military-connected
children;
(B) States clarifying in legislation that eligi-
bility for advanced enrollment requires only written
evidence of a permanent change of station order,
and does not require a parent of a military-con-
nected child to produce a rental agreement or mort-
gage statement; and
(C) the Secretary of Defense, in coordination
with the Military Interstate Children’s Compact, de-
veloping a letter or other memorandum that mili-
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tary families may present to local educational agen-
cies that outlines the protections afforded to mili-
tary-connected children by the Military Interstate
Children’s Compact; and
(3) identify any other actions that may be taken by
the States (acting together or separately) to improve the
Military Interstate Children’s Compact.
(c) REPORT REQUIRED.—Not later than one year after
the date of the enactment of this Act, the Secretaries con-
cerned shall submit to the Committees on Armed Services of
the Senate and House of Representatives, and to the States,
a report setting forth the recommendations developed under
subsection (a).
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘armed forces’’, ‘‘active duty’’ and
‘‘congressional defense committees’’ have the meanings
given those terms in section 101 of title 10, United
States Code.
(2) The terms ‘‘child’’, ‘‘elementary school’’, ‘‘local
educational agency’’, ‘‘secondary school’’, ‘‘parent’’, and
‘‘State’’ have the meanings given those terms in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(3) The term ‘‘Military Interstate Children’s Com-
pact’’ means the Interstate Compact on Educational Op-
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portunity for Military Children as described in Depart-
ment of Defense Instruction 1342.29, dated January 31,
2017 (or any successor to such instruction).
(4) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense; and
(B) the Secretary of the department in which
the Coast Guard is operating, with respect to mat-
ters concerning the Coast Guard when it is not op-
erating as a service in the Department of the Navy.
(5) The term ‘‘transferring military-connected
child’’ means the child of a parent who—
(A) is serving on active duty in the Armed
Forces;
(B) is changing duty locations due to a perma-
nent change of station order; and
(C) has not yet established an ongoing physical
presence in the State to which the parent is trans-
ferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT
PROGRAM TO PROVIDE FINANCIAL ASSISTANCE
TO MEMBERS OF THE ARMED FORCES FOR IN-
HOME CHILD CARE.
Not later than one year after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
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Secretary of State, shall submit, to the Committees on Armed
Services of the Senate and House of Representatives, a brief-
ing containing the assessment of the Secretary of Defense of
the feasibility, advisability, and considerations of expanding
eligibility for the pilot program under section 589 of the Wil-
liam M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C.
1791 note) to members of the Armed Forces who participate
in an exchange visitor program under section 62.31 of title
22, Code of Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PAR-
ENTS SERVING AS MEMBERS OF THE ARMED
FORCES.
Not later than September 30, 2023, the Secretary of De-
fense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a briefing on regu-
lations and rules of the Department of Defense regarding sin-
gle parents serving as members of the Armed Forces. Such
briefing shall include ways the Secretary has determined to
improve such regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD
CARE PROGRAMS.
Not later than September 30, 2023, and each calendar
quarter thereafter, the Secretary of Defense shall post, on a
publicly accessible website of the Department of Defense, in-
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formation regarding the Military Child Care in Your Neigh-
borhood and Military Child Care in Your Neighborhood-Plus
programs, disaggregated by State, ZIP code, and Armed
Force. Such information shall include whether each such pro-
vider is nationally accredited or rated by the Quality Rating
and Improvement System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDER-
ALLY CONNECTED CHILDREN FOR PURPOSES OF
FEDERAL IMPACT AID PROGRAMS.
Not later than February 1, 2023, the Secretary of De-
fense, in consultation with the Secretaries of the military de-
partments, shall brief the Committees on Armed Services of
the Senate and House of Representatives on the following:
(1) The feasibility of developing a process whereby
the commander of a military installation may certify the
information contained in impact aid source check forms
received by such commander from local educational
agencies as of the date of such certification.
(2) An estimate of resources, per military installa-
tion concerned, necessary to implement such a process,
including personnel, information technology, and other
costs.
(3) The estimated time required to implement such
a process, including time for the Secretary of Defense to
develop guidance regarding such a process.
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(4) The possible benefits of working with local edu-
cational agencies to ensure that impact aid source check
forms are submitted appropriately to enable such certifi-
cation.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF
CHILDREN ATTENDING SCHOOLS OPERATED BY
THE DEPARTMENT OF DEFENSE EDUCATION AC-
TIVITY.
(a) SENSE OF CONGRESS.—It is the sense of Congress
that the parent of a child who attends a school operated by
the Department of Defense Education Activity has parental
rights as previously established by the Activity, including the
following:
(1) The right to information about the curriculum
and instructional materials of the school.
(2) The right to be informed if the school or De-
partment of Defense Education Activity alters the
school’s academic standards or learning benchmarks.
(3) The right to meet with each teacher of their
child not less than twice during each school year, includ-
ing meetings in the form of parent-teacher conferences.
(4) The right to information about the budget of
the school.
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(5) The right to request information regarding the
professional qualifications of their child’s classroom
teacher.
(6) The right to address the school advisory com-
mittee or the school board.
(7) The right to information about the school’s dis-
cipline policy, including policies related to responding to
any violent activity in the school.
(8) The right to information about any plans to
eliminate gifted and talented programs or accelerated
coursework at the school.
(9) The right to be informed of the results of envi-
ronmental testing and safety at school facilities.
(b) REPORT.—Not later than six months after the date
of the enactment of this Act and consistent with the parental
rights specified in subsection (a), the Director of the Depart-
ment of Defense Education Activity shall submit to the Com-
mittees on Armed Services of the Senate and the House of
Representatives a report on the parental rights specified in
such subsection. The report shall include, with respect to the
schools operated by the Department of Defense Education
Activity, an explanation of—
(1) how and where a parent may access information
about their rights;
(2) the accessibility of that information;
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(3) how such schools inform parents of their rights
and the means to access such rights; and
(4) the uniformity of parental rights across such
schools.
(c) DEFINITION.—In this section, the term ‘‘school oper-
ated by the Department of Defense Education Activity’’
means—
(1) a Department of Defense domestic dependent
elementary or secondary school, as described in section
2164 of title 10, United States Code; or
(2) any other elementary or secondary school or
program for dependents operated by the Department of
Defense Education Activity.
Subtitle I—Decorations, Awards, and
Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR
THE CORRECTION OF MILITARY RECORDS TO RE-
VIEW DETERMINATIONS REGARDING CERTAIN
DECORATIONS.
Section 1552 of title 10, United States Code, is amend-
ed—
(1) by redesignating subsection (j) as subsection
(k); and
(2) by inserting, after subsection (i), the following
new subsection:
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‘‘(j) For a recommendation to award or upgrade a mili-
tary decoration or award submitted pursuant to section 1130
of this title, a board determination in favor of the claimant
shall allow such a recommendation to proceed, and an award
or upgrade to be made by the applicable award authority,
without regard to the statutory time limitation contained in
section 7274, section 8298, or section 9274 of this title, as
the case may be.’’.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) AUTHORIZATION FOR AWARD OF THE MEDAL OF
HONOR TO FRED MCGEE FOR ACTS OF VALOR ON JUNE 16,
1952.—
(1) AUTHORIZATION.—Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to
the awarding of certain medals to persons who served in
the Armed Forces, the President may award the Medal
of Honor under section 7272 of such title to Fred
McGee for the acts of valor described in the paragraph
(2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor
described in this paragraph are the actions of Fred
McGee as a corporal in the Army on June 16, 1952, for
which he was previously awarded the Silver Star.
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(b) AUTHORIZATION FOR AWARD OF THE MEDAL OF
HONOR TO DAVID R. HALBRUNER FOR ACTS OF VALOR ON
SEPTEMBER 11-12, 2012.—
(1) AUTHORIZATION.—Notwithstanding the time
limitations specified in section 7274 of title 10, United
States Code, or any other time limitation with respect to
the awarding of certain medals to persons who served in
the Armed Forces, the President may award the Medal
of Honor under section 7272 of such title to David R.
Halbruner for the acts of valor described in the para-
graph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor
described in this paragraph are the actions of David R.
Halbruner as a master sergeant in the Army on Sep-
tember 11-12, 2012, for which he was previously award-
ed the Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT
TO GRADE OF GENERAL OF THE ARMIES OF THE
UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the
United States, equal to the rank and precedence held by Gen-
eral John J. Pershing pursuant to the Act titled ‘‘An Act Re-
lating to the creation of the office of General of the Armies
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of the United States’’, approved September 3, 1919 (41 Stat.
283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING
OF THE PURPLE HEART.
(a) PUBLICATION OF AWARD CRITERIA.—Not later than
180 days after the date of the enactment of this Act, each
Chief of an Armed Force shall publish on a publicly available
website of such Armed Force includes a link to—
(1) a description of the background of the Purple
Heart;
(2) the eligibility criteria for awarding the Purple
Heart; and
(3) contact information for the awards and decora-
tions liaison of such Armed Force to facilitate confirma-
tion, by a veteran or a veteran’s next of kin, whether a
veteran was awarded the Purple Heart after December
31, 2002.
(b) REPORT.—Not later than one year after the date of
the enactment of this Act, each Chief of an Armed Force
shall submit to the congressional defense committees a report
on implementation of the requirements under subsection (a).
The report shall—
(1) provide background on the website described in
such subsection;
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(2) include the number of requests received by the
Armed Force related to confirming the award of a Pur-
ple Heart;
(3) describe the average response time for con-
firming the award of a Purple Heart in response to an
inquiry from a veteran or next of kin; and
(4) include recommendations for decreasing the
amount of time taken to respond to such inquiries.
Subtitle J—Miscellaneous Reports
and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED
FORCES.
Section 115a of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(h) Not later than April 1 each year, the Secretary
shall submit to Congress a report that sets forth the following
with respect to personnel:
‘‘(1) The number of members of the Armed Forces
who are not citizens of the United States during the
year covered by such report.
‘‘(2) The immigration status of such members.
‘‘(3) The number of such members naturalized.’’.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL
FORCES: MODIFICATIONS; CODIFICATION.
(a) REPEALS.—
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(1) SUNSET.—Subsection (e) of section 597 of the
National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 10 U.S.C. 8013 note) is re-
pealed.
(2) OBSOLETE PROVISION.—Subsection (f) of such
section is repealed.
(b) DEFINITIONS: ADDITION; CLERICAL IMPROVE-
MENTS.—Subsection (d) of such section—
(1) is amended—
(A) by redesignating paragraphs (1), (2), and
(3) as paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such para-
graph; and
(C) by adding at the end the following new
paragraph:
‘‘(4) The term ‘surface combatant vessel’ means
any littoral combat ship (including the LCS–1 and LCS–
2 classes), frigate (including the FFG–62 class), de-
stroyer (excluding the DDG–1000 class), or cruiser (in-
cluding the CG–47 class).’’; and
(2) is redesignated as subsection (e).
(c) ESTABLISHMENT OF CERTAIN CREWING REQUIRE-
MENT.—Such section is amended by inserting, after sub-
section (c), the following new subsection (d):
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‘‘(d) CREWING OF A SURFACE COMBATANT VESSEL:
PROHIBITION; EXCEPTION.—(1) Beginning on October 1,
2025, the Secretary of the Navy may not assign more than
one crew to a covered ship that is a surface combatant vessel
if any surface combatant vessel was included in a notification
under subsection (a) during the 12 months preceding such
assignment.
‘‘(2) The prohibition under paragraph (1) shall not
apply to a littoral combat ship configured to conduct mine
countermeasures if the Secretary of the Navy submits to the
congressional defense committees a certification and detailed
explanation that such ship is unable to meet operational re-
quirements regarding mine countermeasures, determined by
the commander of a combatant command concerned, with
only one crew.’’.
(d) CODIFICATION.—
(1) IN GENERAL.—Such section, as amended by
this section, is transferred to chapter 825 of title 10,
United States Code, inserted after section 8226, and re-
designated as section 8227.
(2) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding,
after the item relating to section 8226, the following new
item:
‘‘8227. Notifications on manning of afloat naval forces.’’.
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SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UP-
DATE CHAPLAINS HILL AT ARLINGTON NATIONAL
CEMETERY.
Section 584(a) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 38 U.S.C.
2409 note) is amended by adding at the end the following
new paragraph:
‘‘(4) AUTHORITY OF SECRETARY OF THE ARMY.—
The Secretary of the Army may permit NCMAF to carry
out any action authorized by this subsection without re-
gard to the time limitation under section 2409(b)(2)(C)
of title 38, United States Code.’’.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL
FROM ARLINGTON NATIONAL CEMETERY.
(a) DISINTERMENT.—Not later than September 30,
2023, the Secretary of the Army shall disinter the remains
of Andrew Chabrol from Arlington National Cemetery.
(b) NOTIFICATION.—The Secretary of the Army may not
carry out subsection (a) until after notifying the next of kin
of Andrew Chabrol.
(c) DISPOSITION.—After carrying out subsection (a), the
Secretary of the Army shall—
(1) relinquish the remains to the next of kin de-
scribed in subsection (b); or
(2) if no such next of kin responds to notification
under subsection (b), arrange for disposition of the re-
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mains as the Secretary of the Army determines appro-
priate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY
OWNED FIREARMS.
(a) ESTABLISHMENT.—The Secretary of Defense shall
establish a pilot program to promote the safe storage of per-
sonally owned firearms.
(b) ELEMENTS.—Under the pilot program under sub-
section (a), the Secretary of Defense shall furnish to mem-
bers of the Armed Forces who are participating in the pilot
program at military installations selected under subsection
(e) locking devices or firearm safes, or both, for the purpose
of securing personally owned firearms when not in use (in-
cluding by directly providing, subsidizing, or otherwise mak-
ing available such devices or safes).
(c) PARTICIPATION.—
(1) VOLUNTARY PARTICIPATION.—Participation by
members of the Armed Forces in the pilot program
under subsection (a) shall be on a voluntary basis.
(2) LOCATION OF PARTICIPANTS.—A member of the
Armed Forces may participate in the pilot program
under subsection (a) carried out at a military installa-
tion selected under subsection (e) regardless of whether
the member resides at the military installation.
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(d) PLAN.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a plan for the implementation of
the pilot program under subsection (a).
(e) SELECTION OF INSTALLATIONS.—Not later than two
years after the date of the enactment of this Act, the Sec-
retary of Defense shall select not fewer than five military in-
stallations at which to carry out the pilot program under sub-
section (a).
(f) EFFECT ON EXISTING POLICIES.—Nothing in this
section shall be construed to circumvent or undermine any ex-
isting safe storage policies, laws, or regulations on military
installations.
(g) REPORT.—Upon the termination under subsection
(h) of the pilot program under subsection (a), the Secretary
of Defense shall submit to the congressional defense commit-
tees a report containing the following information:
(1) The number and type of locking devices and
firearm safes furnished to members of the Armed Forces
under the pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program
on suicide prevention.
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(4) Such other information as the Secretary may
determine appropriate, which shall exclude any person-
ally identifiable information about participants in the
pilot program.
(h) TERMINATION.—The pilot program under subsection
(a) shall terminate on the date that is six years after the date
of the enactment of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR
ISOLATED MILITARY INSTALLATIONS.
(a) DETERMINATION.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of De-
fense shall determine whether it is feasible and advisable to
carry out a pilot program to allow car sharing on more than
two remote or isolated military installations.
(b) AUTHORITY.—If the Secretary determines that such
a pilot program is feasible and advisable, the Secretary shall
submit to the congressional defense committees a plan to
carry out the pilot program not later than 90 days after such
determination.
(c) PROGRAM ELEMENTS.—To carry out a pilot program
under this section, the Secretary shall take steps including
the following:
(1) Seek to enter into an agreement with an entity
that—
(A) provides car sharing services; and
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(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military
installations the resources the Secretary determines nec-
essary to participate in such pilot program.
(3) Promote such pilot program to such members as
the Secretary determines.
(d) DURATION.—A pilot program under this section
shall terminate two years after the Secretary commences such
pilot program.
(e) REPORT.—Upon the termination of a pilot program
under this section, the Secretary of Defense shall submit to
the congressional defense committees a report containing the
following information:
(1) The number of individuals who used car sharing
services offered pursuant to the pilot program.
(2) The cost to the United States of the pilot pro-
gram.
(3) An analysis of the effect of the pilot program
on mental health and community connectedness of mem-
bers described in subsection (b)(2).
(4) Other information the Secretary determines ap-
propriate.
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(f) MILITARY INSTALLATION DEFINED.—In this section,
the term ‘‘military installation’’ has the meaning given such
term in section 2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION
ON MEMBERS OF THE ARMED FORCES.
The Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a briefing on the extent to which economic infla-
tion has affected members of the Armed Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR
MEMBERS OF THE ARMED FORCES OVERSEAS.
(a) STUDY REQUIRED.—The Director of the Federal
Voting Assistance Program of the Department of Defense
shall conduct a study on means of improving access to voting
for members of the Armed Forces overseas.
(b) REPORT.—Not later than September 30, 2024, the
Director shall submit to Congress a report on the results of
the study conducted under subsection (a). The report shall
include the following:
(1) The results of a survey, undertaken for pur-
poses of the study, of Voting Assistance Officers and
members of the Armed Forces overseas on means of im-
proving access to voting for such members, including
through the establishment of unit-level assistance mecha-
nisms or permanent voting assistance offices.
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(2) An estimate of the costs and requirements in
connection with an expansion of the number of Voting
Assistance Officers in order to fully meet the needs of
members of the Armed Forces overseas for access to vot-
ing.
(3) A description and assessment of various actions
to be undertaken under the Federal Voting Assistance
Program in order to increase the capabilities of the Vot-
ing Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY
MILITARY JOB CODE.
(a) REPORT.—Not later than December 31, 2023, the
Secretary of Defense, in coordination with the Secretary of
Homeland Security with regards to the Coast Guard, shall
conduct a review and submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the rates of suicides in the Armed Forces, beginning after
September 11, 2001, disaggregated by—
(1) year;
(2) military job code (Army military occupational
specialty, Navy enlisted classification or billet, Marine
Corps military occupational specialty, Air Force specialty
code, or Coast Guard rating); and
(3) whether the member was serving on active duty,
in the National Guard, or as a Reserve.
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(b) ELEMENTS.—The report required under subsection
(a) shall include the following elements:
(1) A compilation of suicide data by military job
code to determine which military career fields have a
higher per capita suicide rate compared to—
(A) other military career fields for the same
period;
(B) the overall suicide rate for each Armed
Force for the same period;
(C) the overall suicide rate for the Department
of Defense for the same period; and
(D) the national suicide rate for the same pe-
riod.
(2) A disaggregation of suicide data by age cat-
egories consistent with the age categories used in the
Department of Defense Annual Suicide Report.
(c) INTERIM BRIEFING.—Not later than June 1, 2023,
the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and House of Representatives
a briefing on the preliminary findings of the review conducted
under this section.
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SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND
TO DEATHS BY SUICIDE IN THE NAVY.
(a) REVIEW REQUIRED.—The Inspector General of the
Department of Defense shall conduct a review of the efforts
by the Secretary of the Navy to—
(1) prevent incidents of deaths by suicide, suicide
attempts, and suicidal ideation among covered members;
and
(2) respond to such incidents.
(b) ELEMENTS OF REVIEW.—The study conducted
under subsection (a) shall include an assessment of each of
the following:
(1) The extent of data collected regarding incidents
of deaths by suicide, suicide attempts, and suicidal idea-
tion among covered members, including data regarding
whether such covered members are assigned to sea duty
or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and
respond to incidents of deaths by suicide, suicide at-
tempts, and suicidal ideation among covered members.
(3) Challenges related to—
(A) the prevention of incidents of deaths by
suicide, suicide attempts, and suicidal ideation
among members of the Navy assigned to sea duty;
and
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(B) the development of a response to such inci-
dents.
(4) The capacity of teams providing mental health
services to covered members to respond to incidents of
suicidal ideation or suicide attempts among covered
members in the respective unit each such team serves.
(5) The means used by such teams to respond to
such incidents, including the extent to which post-inci-
dent programs are available to covered members.
(6) Such other matters as the Inspector General
considers appropriate in connection with the prevention
of deaths by suicide, suicide attempts, and suicidal idea-
tion among covered members.
(c) REPORT REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Inspector General
of the Department of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representa-
tives a report that includes a summary of the results of the
review conducted under subsection (a).
(d) COVERED MEMBER DEFINED.—In this section the
term ‘‘covered member’’ means a member of the Navy as-
signed to sea duty or shore duty.
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SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT
AND THE DEVELOPMENT OF THE PROFESSIONAL
MILITARY ETHIC OF THE SPACE FORCE.
(a) REPORT REQUIRED.—Not later than June 1, 2023,
the Secretary of the Air Force shall submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a report on officer personnel management and
the development of the professional military ethic of the
Space Force.
(b) ELEMENTS.—The report required under subsection
(a) shall include the following elements:
(1) A description of issues related to officer develop-
ment in the Space Force, including—
(A) the professional military education model
for professional education of, and continual learning
for, officers of the Space Force;
(B) the career development model for officers
of the Space Force, including key knowledge, skills,
and attributes expected of Space Force officers at
each of the company grade, field grade, and general
officer levels;
(C) desired career trajectories for Space Force
officers, including key assignments throughout iden-
tified Space Force career tracks and how the flexi-
bility of the Space Force Component proposal will
be used to achieve these desired career paths;
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(D) how proposed constructive credit for civil-
ian education and non-military experience in related
space industry or government sectors will align with
the proposed PME and career development models;
and
(E) how the Space Force Component proposal
will enable officers to achieve joint qualifications re-
quired for promotion to general officer.
(2) A description of issues related to officer acces-
sions of the Space Force, including—
(A) the expected sources of commissioning for
officers of the Space Force, including the desired
proportions of officer assessments from the Reserve
Officer Training Corps, military service academies,
Officer Training School, and direct commissions at
each grade above O-1;
(B) the role of proposed constructive credit for
civilian education and non-military experience in ac-
cessing officers at each grade above O-1 and the ex-
tent to which the Space Force plans to grant con-
structive credit in determining an officer’s entry
grade at each grade above O-1; and
(C) the role of targeted recruiting, as described
in the Guardian Ideal, for officer accessions, includ-
ing how it will work, how frequently it will be used,
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for what positions, and how it will fit into overall
officer accessions.
(3) A description of issues related to the profes-
sional military ethic of the Space Force, including—
(A) how the proposed talent management sys-
tem, career development model, PME model, and
proposed Space Force Component structure will af-
fect the development of a unique military culture of
the Space Force as an Armed Force with space as
a warfighting domain;
(B) the role of the professional military ethic
in the Space Force, including expectations of com-
missioned officers as public servants and military
leaders;
(C) the expected role of civilian employees of
the Space Force in the development and steward-
ship of the Space Force as an Armed Force, and
how such employees are distinct from members of
the Space Force;
(D) the ethical implications of creating a force
that is designed to ‘‘partner effectively with other
space-interested entities,’’ as described in the
Guardian Ideal, and how the Space Force intends
to address any ethical conflicts arising from its de-
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sired close partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers, en-
listed members, and civilian employees that are de-
scribed as ‘‘unnecessary’’ in the Guardian Ideal,
how and why such barriers are unnecessary for the
Space Force, and any statutory or policy changes
the Space Force proposes to remove such barriers,
including any proposed changes to the Uniform
Code of Military Justice.
(4) Any other issues related to personnel manage-
ment and professional development of officers of the
Space Force that the Secretary of the Air Force deter-
mines appropriate.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Guardian Ideal’’ means the docu-
ment with that title, dated September 17, 2021, and
issued by the Chief of Space Operations.
(2) The term ‘‘PME’’ means professional military
education.
TITLE VI—COMPENSATION AND
OTHER PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authori-
ties.
Sec. 602. Increase to maximum amounts of certain bonus and special pay au-
thorities.
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Sec. 603. Cold weather duty: authorization of assignment or special duty pay;
travel allowance for members of the Armed Forces assigned to
Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for hous-
ing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for
members of the Armed Forces whose sole dependent dies while
residing with the member.
Sec. 614. Basic allowance for housing for members without dependents when
home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for cer-
tain members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to
the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain con-
gressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed serv-
ices for spousal business costs arising from a permanent
change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing
costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to
relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the
Armed Forces who attend a professional military education in-
stitution or training classes.
Sec. 626. Conforming amendments to update references to travel and transpor-
tation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces to
accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased mem-
ber of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
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Sec. 645. Food insecurity among military families: data collection; training; re-
port.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur
Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces: study;
report.
Subtitle A—Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS
AND SPECIAL PAY AUTHORITIES.
(a) AUTHORITIES RELATING TO RESERVE FORCES.—
Section 910(g) of title 37, United States Code, relating to in-
come replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ‘‘December 31, 2022’’
and inserting ‘‘December 31, 2023’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH
CARE PROFESSIONALS.—The following sections of title 10,
United States Code, are amended by striking ‘‘December 31,
2022’’ and inserting ‘‘December 31, 2023’’:
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of edu-
cation loans for certain health professionals who serve in
the Selected Reserve.
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(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—
Section 333(i) of title 37, United States Code, is amended by
striking ‘‘December 31, 2022’’ and inserting ‘‘December 31,
2023’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
THORITIES.—The following sections of title 37, United States
Code, are amended by striking ‘‘December 31, 2022’’ and in-
serting ‘‘December 31, 2023’’:
(1) Section 331(h), relating to general bonus au-
thority for enlisted members.
(2) Section 332(g), relating to general bonus au-
thority for officers.
(3) Section 334(i), relating to special aviation in-
centive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and in-
centive pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus
for cadets and midshipmen enrolled in the Senior Re-
serve Officers’ Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or
special duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
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(9) Section 355(h), relating to retention incentives
for members qualified in critical military skills or as-
signed to high priority units.
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN
RATES OF BASIC ALLOWANCE FOR HOUSING.—Section
403(b) of title 37, United States Code, is amended—
(1) in paragraph (7)(E), by striking ‘‘December 31,
2022’’ and inserting ‘‘December 31, 2023’’; and
(2) in paragraph (8)(C), by striking ‘‘September 30,
2022’’ and inserting ‘‘December 31, 2023’’.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN
BONUS AND SPECIAL PAY AUTHORITIES.
(a) GENERAL BONUS AUTHORITY FOR ENLISTED MEM-
BERS.—Section 331(c)(1) of title 37, United States Code, is
amended—
(1) in subparagraph (A), by striking ‘‘$50,000’’ and
inserting ‘‘$75,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000’’ and
inserting ‘‘$50,000’’.
(b) SPECIAL BONUS AND INCENTIVE PAY AUTHORITIES
FOR NUCLEAR OFFICERS.—Section 333(d)(1)(A) of title 37,
United States Code, is amended by striking ‘‘$50,000’’ and
inserting ‘‘$75,000’’.
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(c) SPECIAL AVIATION INCENTIVE PAY AND BONUS AU-
THORITIES FOR OFFICERS.—Section 334(c)(1) of title 37,
United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘$1,000’’ and
inserting ‘‘$1,500’’; and
(2) in subparagraph (B), by striking ‘‘$35,000’’ and
inserting ‘‘$50,000’’.
(d) SKILL INCENTIVE PAY OR PROFICIENCY BONUS.—
Section 353(c)(1)(A) of title 37, United States Code, is
amended by striking ‘‘$1,000’’ and inserting ‘‘$1,750’’.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGN-
MENT OR SPECIAL DUTY PAY; TRAVEL ALLOW-
ANCE FOR MEMBERS OF THE ARMED FORCES AS-
SIGNED TO ALASKA.
(a) PAY.—Section 352(a)(2) of title 37, United States
Code, is amended by inserting ‘‘(including a cold weather lo-
cation)’’ after ‘‘location’’.
(b) TRAVEL ALLOWANCE.—
(1) ESTABLISHMENT.—During the period specified
in paragraph (5), the Secretary of a military department
shall reimburse an eligible member of the armed forces
for the cost of airfare for that member to travel to the
home of record of the member.
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(2) ELIGIBLE MEMBERS.—A member of the armed
forces is eligible for a reimbursement under paragraph
(1) if—
(A) the member is assigned to a duty location
in Alaska; and
(B) an officer in a grade above O–5 in the
chain of command of the member authorizes the
travel of the member.
(3) TREATMENT OF TIME AS LEAVE.—The time
during which an eligible member is absent from duty for
travel reimbursable under paragraph (1) shall be treated
as leave for purposes of section 704 of title 10, United
States Code.
(4) BRIEFING REQUIRED.—Not later than February
1, 2024, the Secretary shall provide to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a briefing on—
(A) the use and effectiveness of reimburse-
ments under paragraph (1);
(B) the calculation and use of the cost of living
allowance for a member assigned to a duty location
in Alaska; and
(C) the use of special pays and other allow-
ances as incentives for cold weather proficiency or
duty location.
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(5) PERIOD SPECIFIED.—The period specified in
this paragraph is the period—
(A) beginning on the date of the enactment of
this Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRA-
TION PROGRAM.
(a) PROGRAM REQUIREMENT.—The Secretary shall es-
tablish and carry out within the Department of the Air Force
a demonstration program to assess and improve retention on
active duty in the Air Force of rated officers described in
subsection (b).
(b) RATED OFFICERS DESCRIBED.—Rated officers de-
scribed in this subsection are rated officers serving on active
duty in the Air Force, excluding rated officers with a reserve
appointment in the Air National Guard or Air Force Re-
serve—
(1) whose continued service on active duty would be
in the best interest of the Department of the Air Force,
as determined by the Secretary; and
(2) who have not more than three years and not
less than one year remaining on an active duty service
obligation under section 653 of title 10, United States
Code.
(c) WRITTEN AGREEMENT.—
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(1) IN GENERAL.—Under the demonstration pro-
gram required under subsection (a), the Secretary shall
offer retention incentives under subsection (d) to a rated
officer described in subsection (b) who executes a written
agreement to remain on active duty in a regular compo-
nent of the Air Force for not less than four years after
the completion of the active duty service obligation of the
officer under section 653 of title 10, United States Code.
(2) EXCEPTION.—If the Secretary of the Air Force
determines that an assignment previously guaranteed
under subsection (d)(1) to a rated officer described in
subsection (b) cannot be fulfilled, the agreement of the
officer under paragraph (1) to remain on active duty
shall expire not later than one year after that determina-
tion.
(d) RETENTION INCENTIVES.—
(1) GUARANTEE OF FUTURE ASSIGNMENT LOCA-
TION.—Under the demonstration program required
under subsection (a), the Secretary may offer to a rated
officer described in subsection (b) a guarantee of future
assignment locations based on the preference of the offi-
cer.
(2) AVIATION BONUS.—Under the demonstration
program required under subsection (a), notwithstanding
section 334(c) of title 37, United States Code, the Sec-
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retary may pay to a rated officer described in subsection
(b) an aviation bonus not to exceed an average annual
amount of $50,000 (subject to paragraph (3)(B)).
(3) COMBINATION OF INCENTIVES.—The Secretary
may offer to a rated officer described in subsection (b)
a combination of incentives under paragraphs (1) and
(2).
(e) ANNUAL BRIEFING.—Not later than December 31,
2023, and annually thereafter until the termination of the
demonstration program required under subsection (a), the
Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing de-
scribing the use of such demonstration program and its ef-
fects on the retention on active duty in the Air Force of rated
officers described in subsection (b).
(f) DEFINITIONS.—In this section:
(1) RATED OFFICER.—The term ‘‘rated officer’’
means an officer specified in section 9253 of title 10,
United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the
Secretary of the Air Force.
(g) TERMINATION.—This section shall terminate on De-
cember 31, 2028.
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Subtitle B—Allowances Other Than
Travel and Transportation Allow-
ances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR
PURPOSES OF ELIGIBILITY FOR BASIC NEEDS AL-
LOWANCE.
(a) IN GENERAL.—Section 402b(b) of title 37, United
States Code, is amended—
(1) by striking ‘‘130 percent’’ both places it appears
and inserting ‘‘150 percent’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘the gross’’;
(B) by striking ‘‘; and’’ and inserting ‘‘; or’’;
and
(C) by inserting at the end the following:
‘‘(B) if the Secretary concerned determines it ap-
propriate (based on location, household need, or special
circumstance), the gross household income of the mem-
ber during the most recent calendar year did not exceed
an amount equal to 200 percent of the Federal poverty
guidelines of the Department of Health and Human
Services for the location of the member and the number
of individuals in the household of the member for such
year; and’’.
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(b) IMPLEMENTATION.—Not later than January 1,
2024, the Secretary concerned (as defined in section 101 of
title 37, United States Code) shall modify the calculation of
the basic needs allowance under section 402b of title 37,
United States Code, to implement the amendments made by
subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST
BASIC ALLOWANCE FOR HOUSING IN CERTAIN
AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is
amended by striking ‘‘2022’’ and inserting ‘‘2024’’.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC AL-
LOWANCE FOR HOUSING FOR MEMBERS OF THE
ARMED FORCES WHOSE SOLE DEPENDENT DIES
WHILE RESIDING WITH THE MEMBER.
(a) AUTHORITY.—Section 403 of title 37, United States
Code, as amended by section 612, is further amended—
(1) by redesignating subsections (m) through (p) as
subsections (n) through (q); and
(2) by inserting after subsection (l) the following
new subsection (m):
‘‘(m) TEMPORARY CONTINUATION OF RATE OF BASIC
ALLOWANCE FOR MEMBERS OF THE ARMED FORCES WHOSE
SOLE DEPENDENT DIES WHILE RESIDING WITH THE MEM-
BER.—(1) Notwithstanding subsection (a)(2) or any other
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section of law, the Secretary of Defense or the Secretary of
the Department in which the Coast Guard is operating, may,
after the death of the sole dependent of a member of the
armed forces, continue to pay a basic allowance for housing
to such member at the rate paid to such member on the date
of such death if—
‘‘(A) such sole dependent dies—
‘‘(i) while the member is on active duty; and
‘‘(ii) while residing with the member, unless
separated by the necessity of military service or to
receive institutional care as a result of disability or
incapacitation or under such other circumstances as
the Secretary concerned may by regulation pre-
scribe; and
‘‘(B) the member is not occupying a housing facility
under the jurisdiction of the Secretary concerned on the
date of the death of the sole dependent.
‘‘(2) The continuation of the rate of an allowance under
this subsection shall terminate upon the earlier of the fol-
lowing to occur:
‘‘(A) The day that is one year after the date of the
death of the sole dependent.
‘‘(B) The permanent change of station, or perma-
nent change of assignment with movement of personal
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property and household goods under section 453(c) of
this title, of the member.’’.
(b) CONFORMING AMENDMENT.—Section 2881a(c) of
title 10, United States Code, is amended by striking ‘‘section
403(n)’’ and inserting ‘‘section 403(o)’’.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS
WITHOUT DEPENDENTS WHEN HOME PORT
CHANGE WOULD FINANCIALLY DISADVANTAGE
MEMBER.
Subsection (p) of section 403 of title 37, United States
Code, as redesignated by section 612, is further amended in
subsection (p)—
(1) in the subsection heading, by striking ‘‘LOW-
COST AND NO-COST’’ and inserting ‘‘CERTAIN’’;
(2) by inserting ‘‘(1)’’ before ‘‘In the case of a
member who is assigned’’; and
(3) by adding at the end the following new para-
graph:
‘‘(2)(A) In the case of a member without dependents
who is assigned to a unit that undergoes a change of home
port or a change of permanent duty station, if the Secretary
concerned determines that it would be inequitable to base the
member’s entitlement to, and amount of, a basic allowance
for housing on the new home port or permanent duty station,
the Secretary concerned may—
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‘‘(i) waive the requirement to base the member’s en-
titlement to, and amount of, a basic allowance for hous-
ing on the new home port or permanent duty station
member; and
‘‘(ii) treat that member for the purposes of this sec-
tion as if the unit to which the member is assigned did
not undergo such a change.
‘‘(B) The Secretary concerned may grant a waiver under
subparagraph (A) to not more than 100 members in a cal-
endar year.
‘‘(C) Not later than March 1 of each calendar year, the
Secretary concerned shall provide a briefing to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives on the use of the authority provided by subpara-
graph (A) during the preceding calendar year that includes—
‘‘(i) the number of members granted a waiver under
subparagraph (A) during that year; and
‘‘(ii) for each such waiver, an identification of—
‘‘(I) the grade of the member;
‘‘(II) the home port or permanent duty station
of the unit to which the member is assigned before
the change described in subparagraph (A); and
‘‘(III) the new home port or permanent duty
station of that unit.
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‘‘(D) This paragraph shall cease to be effective on De-
cember 31, 2027.’’.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTAB-
LISHING BENEFITS FOR CERTAIN MEMBERS AS-
SIGNED TO THE DEFENSE INTELLIGENCE AGEN-
CY.
(a) REVIVIAL.—Section 491 of title 37, United States
Code—
(1) is revived to read as it did immediately before
its repeal under section 604 of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117–
81); and
(2) is redesignated as section 431 of such title.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 7 of such title is amended by insert-
ing, after the item relating to section 427, the following new
item:
‘‘431. Benefits for certain members assigned to the Defense Intelligence Agen-
cy.’’.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR
OFFICERS WHO TRANSFER TO THE SPACE FORCE.
Subsection (d)(1) of section 606 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3672; 37
U.S.C. 416 note) is amended by striking ‘‘September 30,
2022’’ and inserting ‘‘September 30, 2023’’.
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SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUST-
MENTS; NOTICE TO CERTAIN CONGRESSIONAL
COMMITTEES.
(a) ADJUSTMENTS.—
(1) REDUCTIONS: LIMITATION.—The Secretary of
Defense and the Secretary of the Department in which
the Coast Guard is operating may reduce the cost-of-liv-
ing allowance for a member of the Armed Forces as-
signed to a duty station located outside the United
States—
(A) not more than once every six months; or
(B) in connection with a permanent change of
station for such member.
(2) INCREASES.—The Secretary of Defense and the
Secretary of the Department in which the Coast Guard
is operating may increase the allowance described in
paragraph (1) for a member of the Armed Forces at any
time.
(b) NOTICE.—The Secretary of Defense shall notify the
Committees on Armed Services of the Senate and House of
Representatives not less than 180 days before modifying a
table used to calculate the living allowance described in sub-
section (a).
(c) BRIEFING.—Not later than March 1, 2023, the Sec-
retary of Defense shall submit to the Committees on Armed
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Services of the Senate and House of Representatives a brief-
ing containing—
(1) the determination of the Secretary regarding
the effects of this section on the allowance described in
subsection (a);
(2) an assessment of the representative market bas-
ket of goods and services used to determine such allow-
ance, including the methodology to identify such market
basket and the frequency with which such allowance is
adjusted; and
(3) the methodology and process by which surveys
regarding such allowance are updated, including the av-
erage response rates and the efforts undertaken to en-
sure a representative sample of beneficiaries are sur-
veyed.
Subtitle C—Travel and
Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOW-
ANCES: COMPLEX OVERHAUL.
Section 452 of title 37, United States Code, is amended,
in subsection (b)—
(1) by redesignating the second paragraph (18) as
paragraph (21); and
(2) by adding at the end the following new para-
graphs:
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‘‘(22) Permanent change of assignment to or from
a naval vessel undergoing nuclear refueling or defueling
and any concurrent complex overhaul, even if such as-
signment is within the same area as the current assign-
ment of the member.
‘‘(23) Current assignment to a naval vessel entering
or exiting nuclear refueling or defueling and any concur-
rent complex overhaul.’’.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEM-
BER OF THE UNIFORMED SERVICES FOR SPOUSAL
BUSINESS COSTS ARISING FROM A PERMANENT
CHANGE OF STATION.
(a) IN GENERAL.—Section 453 of title 37, United
States Code, is amended, in subsection (g)—
(1) in the heading, by inserting ‘‘OR BUSINESS
COSTS’’ after ‘‘RELICENSING COSTS’’;
(2) in paragraph (1), by inserting ‘‘or qualified
business costs’’ after ‘‘qualified relicensing costs’’;
(3) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘Reimburse-
ment’’;
(B) by inserting ‘‘for qualified relicensing
costs’’ after ‘‘subsection’’;
(C) by striking ‘‘$1000’’ and inserting
‘‘$1,000’’; and
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(D) by adding at the end the following new
subparagraph:
‘‘(B) Reimbursement provided to a member under this
subsection for qualified business costs may not exceed $1,000
in connection with each reassignment described in paragraph
(1).’’;
(4) in paragraph (3), by inserting ‘‘or qualified
business costs’’ after ‘‘qualified relicensing costs’’;
(5) in paragraph (4)—
(A) in the matter preceding subparagraph (A),
by inserting ‘‘business license, permit,’’ after
‘‘courses,’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘, or owned a business,’’
before ‘‘during’’;
(ii) by inserting ‘‘professional’’ before ‘‘li-
cense’’; and
(iii) by inserting ‘‘, or business license or
permit,’’ after ‘‘certification’’; and
(C) in subparagraph (B)—
(i) by inserting ‘‘professional’’ before ‘‘li-
cense’’; and
(ii) by inserting ‘‘, or business license or
permit,’’ after ‘‘certification’’; and
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(6) by adding at the end the following new para-
graph:
‘‘(5) In this subsection, the term ‘qualified business
costs’ means costs, including moving services for equipment,
equipment removal, new equipment purchases, information
technology expenses, and inspection fees, incurred by the
spouse of a member if—
‘‘(A) the spouse owned a business during the mem-
ber’s previous duty assignment and the costs result from
a movement described in paragraph (1)(B) in connection
with the member’s change in duty location pursuant to
reassignment described in paragraph (1)(A); and
‘‘(B) the costs were incurred or paid to move such
business to a new location in connection with such reas-
signment.’’.
(b) BRIEFING.—Not later than one year after the date
of the enactment of this Act, each Secretary of a military de-
partment shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing re-
garding implementation of the amendments made by sub-
section (a), including—
(1) the number of times such Secretary used the
authority under such amendments; and
(2) the costs to the Federal Government arising
from such usage.
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SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS
FOR SPOUSE RELICENSING COSTS PURSUANT TO
A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended
by section 622, is further amended, in subsection (g)(3), by
striking ‘‘December 31, 2024’’ and inserting ‘‘December 31,
2029’’.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED
SERVICES FOR COSTS TO RELOCATE A PET THAT
ARISE FROM A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended
by sections 622, and 623, is further amended by adding at
the end the following new subsection:
‘‘(h) REIMBURSEMENT FOR TRANSPORTATION OF PETS
ARISING FROM CERTAIN PERMANENT CHANGES OF STA-
TIONS.—(1) The Secretary concerned may reimburse a mem-
ber for any cost related to the relocation of a pet that arises
from a permanent change of station of such member within
the continental United States. Such reimbursement may not
exceed $550 for each such permanent change of station.
‘‘(2) The Secretary concerned may reimburse a member
for any cost related to the relocation of a pet that arises from
a permanent change of station of such member to or from
a duty station located outside the continental United States.
Such reimbursement may not exceed $4,000 for each such
permanent change of station.’’.
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SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR
CERTAIN MEMBERS OF THE ARMED FORCES WHO
ATTEND A PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended
by sections 622, 623, and 624, is further amended by adding
at the end the following new subsection:
‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY EDU-
CATION INSTITUTION OR TRAINING CLASSES.—
‘‘(1) The Secretary of the military department con-
cerned may authorize temporary duty status, and travel
and transportation allowances payable to a member in
such status, for a member under the jurisdiction of such
Secretary who is reassigned—
‘‘(A) between duty stations located within the
United States;
‘‘(B) for a period of not more than one year;
‘‘(C) for the purpose of participating in profes-
sional military education or training classes,
‘‘(D) with orders to return to the duty station
where the member maintains primary residence and
the dependents of such member reside.
‘‘(2) If the Secretary of the military department
concerned assigns permanent duty status to a member
described in paragraph (1), such member shall be eligi-
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ble for travel and transportation allowances including
the following:
‘‘(A) Transportation, including mileage at the
same rate paid for a permanent change of station.
‘‘(B) Per diem while traveling between the per-
manent duty station and professional military edu-
cation institution or training site.
‘‘(C) Per diem paid in the same manner and
amount as temporary lodging expenses.
‘‘(D) Per diem equal to the amount of the
basic allowance for housing under section 403 of
this title paid to a member—
‘‘(i) in the grade of such member;
‘‘(ii) without dependents;
‘‘(iii) who resides in the military housing
area in which the professional military edu-
cation institution or training site is located.
‘‘(E) Movement of household goods in an
amount determined under applicable regulations.’’.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REF-
ERENCES TO TRAVEL AND TRANSPORTATION AU-
THORITIES.
(a) BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985.—Section 256(g)(2)(B)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985
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(2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking ‘‘sections
403a and 475’’ and inserting ‘‘sections 403b and 405’’.
(b) TITLE 5.—Title 5, United States Code, is amend-
ed—
(1) in section 4109(a)(2)—
(A) in subparagraph (A), by striking ‘‘sections
474 and 475’’ and inserting ‘‘sections 405 and
452’’; and
(B) in subparagraph (B), by striking ‘‘sections
476 and 479’’ and inserting ‘‘sections 452 and
453(c)’’;
(2) in section 5725(c)(2)(B), by striking ‘‘section
476(b)(1)(H)(iii)’’ and inserting ‘‘subsections (c) and (d)
of section 453’’; and
(3) in section 5760—
(A) in subsection (c), by striking ‘‘section
481h(b)’’ and inserting ‘‘section 451(a)’’; and
(B) in subsection (d)—
(i) in paragraph (2), by striking ‘‘section
474(d)’’ and inserting ‘‘section 464’’; and
(ii) in paragraph (3), by striking ‘‘section
481h(d)(1)’’ and inserting ‘‘section 452(d)’’.
(c) TITLE 10.—Title 10, United States Code, is amend-
ed—
(1) in section 710—
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(A) in subsection (f)(4)(A), in the matter pre-
ceding clause (i), by striking ‘‘section 474’’ and in-
serting ‘‘section 452’’; and
(B) in subsection (h)(4), by striking ‘‘section
481f’’ and inserting ‘‘section 453(f)’’;
(2) in section 1174a(b)(2)(B), by striking ‘‘sections
474 and 476’’ and inserting ‘‘sections 452 and 453(c)’’;
(3) in section 1175(j), by striking ‘‘sections 474
and 476’’ and inserting ‘‘sections 452 and 453(c)’’;
(4) in section 1175a(e)(2)(B), by striking ‘‘sections
474 and 476’’ and inserting ‘‘sections 452 and 453(c)’’;
(5) in section 1491(d)(3), by striking ‘‘section
495(a)(2)’’ and inserting ‘‘section 435(a)(2)’’;
(6) in section 2013(b)(2)—
(A) in subparagraph (A), by striking ‘‘sections
474 and 475’’ and inserting ‘‘sections 405 and
452’’; and
(B) in subparagraph (B), by striking ‘‘sections
476 and 479’’ and inserting ‘‘sections 452 and
453(c)’’;
(7) in section 2493(a)(4)(B)(ii), by striking ‘‘section
481f(d)’’ and inserting ‘‘section 453(f)’’;
(8) in section 2613(g), by striking ‘‘section
481h(b)’’ and inserting ‘‘section 451(a)’’; and
(9) in section 12503—
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(A) in subsection (a), in the second sentence,
by striking ‘‘sections 206 and 495’’ and inserting
‘‘sections 206 and 435’’;
(B) in subsection (b)(2)(A), by striking ‘‘sec-
tion 495’’ and inserting ‘‘section 435’’; and
(C) in subsection (c), by striking ‘‘chapter 7’’
and inserting ‘‘section 452’’.
(d) TITLE 14.—Section 2764 of title 14, United States
Code, is amended, in the first and third sentences, by striking
‘‘subsection (b) of section 476’’ and inserting ‘‘section
453(c)’’.
(e) TITLE 32.—Section 115 of title 32, United States
Code, is amended—
(1) in subsection (a), in the third sentence, by strik-
ing ‘‘sections 206 and 495’’ and inserting ‘‘sections 206
and 435’’;
(2) in subsection (b)(2)(A), by striking ‘‘section
495’’ and inserting ‘‘section 435’’; and
(3) in subsection (c), by striking ‘‘chapter 7’’ and
inserting ‘‘section 452’’.
(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION COMMISSIONED OFFICER CORPS ACT OF 2002.—
Section 236(f)(4)(A) of the National Oceanic and Atmos-
pheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the matter
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preceding clause (i), by striking ‘‘section 474’’ and inserting
‘‘section 452’’.
(g) TITLE 36.—Section 2101(b)(2) of title 36, United
States Code, is amended by striking ‘‘section 475’’ and in-
serting ‘‘section 405’’.
(h) TITLE 37.—Title 37, United States Code, is amend-
ed—
(1) in section 403—
(A) in subsection (d)(2)(A), by striking ‘‘sec-
tion 476’’ and inserting ‘‘section 452’’; and
(B) in subsection (g)—
(i) in paragraph (2), in the second sen-
tence, by striking ‘‘section 474’’ and inserting
‘‘section 452’’; and
(ii) in paragraph (3), by striking ‘‘section
476’’ and inserting ‘‘section 453(c)’’;
(2) in section 420(b), by striking ‘‘sections 474–
481’’ and inserting ‘‘section 452’’;
(3) in section 422(a), by striking ‘‘section 480’’ and
inserting ‘‘section 452’’;
(4) in section 427—
(A) in subsection (a)(1)(A), by striking ‘‘sec-
tion 476’’ and inserting ‘‘section 452’’; and
(B) in subsection (c)(1), by striking ‘‘section
476’’ and inserting ‘‘section 452’’;
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(5) in section 433(b), by striking ‘‘section
474(d)(2)(A)’’ and inserting ‘‘section 452’’;
(6) in section 451(a)(2)(H)—
(A) in clause (i), by striking ‘‘section 481f’’
and inserting ‘‘section 453(f)’’;
(B) in clause (ii), by striking ‘‘section 481h’’
and inserting ‘‘section 452(b)(12)’’;
(C) in clause (iii), by striking ‘‘section 481j’’
and inserting ‘‘section 452(b)(13)’’;
(D) in clause (iv), by striking ‘‘section 481k’’
and inserting ‘‘section 452(b)(14)’’; and
(E) in clause (v), by striking ‘‘section 481l’’
and inserting ‘‘section 452(b)(15)’’;
(7) in section 1002(b)(1), by striking ‘‘section
474(a)–(d), and (f),’’ and inserting ‘‘section 452’’;
(8) in section 1003, by striking ‘‘sections 402–403b,
474–477, 479–481, and 414’’ and inserting ‘‘sections
402 through 403b, 405, 414, 452, and 453’’; and
(9) in section 1006(g)—
(A) by striking ‘‘section 477’’ and inserting
‘‘section 452(c)(2)’’; and
(B) by striking ‘‘section 475a(a)’’ and insert-
ing ‘‘section 452(b)(11)’’.
(i) CHILD NUTRITION ACT OF 1966.—Section
17(d)(2)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C.
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532
1786(d)(2)(B)(ii)) is amended by striking ‘‘section 475’’ and
inserting ‘‘section 405’’.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE
ARMED FORCES FOR CERTAIN CHILD CARE COSTS
INCIDENT TO A PERMANENT CHANGE OF STATION
OR ASSIGNMENT.
(a) ESTABLISHMENT.—The Secretary of Defense shall
carry out a pilot program to reimburse members of the
Armed Forces for certain child care costs incident to a per-
manent change of station or assignment.
(b) TRAVEL AND TRANSPORTATION ALLOWANCES.—
Under the pilot program, the Secretary of Defense shall treat
a designated child care provider as an authorized traveler if
child care is not available to a member of the Armed Forces
at a military child development center at the permanent duty
location of such member not later than 30 days after the
member arrives at such location.
(c) REIMBURSEMENT OF CERTAIN CHILD CARE
COSTS.—
(1) AUTHORITY.—Under the pilot program, the
Secretary of Defense may reimburse a member of the
Armed Forces for travel expenses for a designated child
care provider when—
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(A) the member is reassigned, either as a per-
manent change of station or permanent change of
assignment, to a new duty station;
(B) the movement of the member’s dependents
is authorized at the expense of the United States
under section 451 of title 37, United States Code,
as part of the reassignment;
(C) child care is not available at a military
child development center at such duty station not
later than 30 days after the member arrives at such
duty station; and
(D) the dependent child is on the wait list for
child care at such military child development center.
(2) MAXIMUM AMOUNTS.—Reimbursement provided
to a member under this subsection may not exceed—
(A) $500 for a reassignment between duty sta-
tions within the continental United States; and
(B) $1,500 for a reassignment involving a duty
station outside of the continental United States.
(3) DEADLINE.—A member may not apply for reim-
bursement under this subsection later than one year
after a reassignment described in paragraph (1).
(4) CONCURRENT RECEIPT PROHIBITED.—In the
event a household contains more than one member eligi-
ble for reimbursement under this subsection, reimburse-
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ment may be paid to one member among such members
as such members shall jointly elect.
(d) REPORT.—Not later than January 1, 2027, the Sec-
retary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the
pilot program, including the recommendation of the Secretary
whether to make the pilot program permanent.
(e) TERMINATION.—The pilot program shall terminate
on September 30, 2028.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘authorized traveler’’ has the meaning
given such term in section 451 of title 37, United States
Code.
(2) The term ‘‘designated child care provider’’
means an adult selected by a member of the armed
forces to provide child care to a dependent child of such
member.
(3) The term ‘‘military child development center’’
has the meaning given such term in section 1800 of title
10, United States Code.
Subtitle D—Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT
AND ACCUMULATION.
(a) REPEAL OF OBSOLETE AUTHORITY.—Section 701 of
title 10, United States Code, is amended—
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(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as
subsections (d) through (l).
(b) CONFORMING AMENDMENTS TO SECTION 701 OF
TITLE 10.—Section 701 of title 10, United States Code, is
amended—
(1) in subsection (b), by striking ‘‘subsections (d),
(f), and (g)’’ and inserting ‘‘subsections (e) and (f)’’;
(2) in subsection (f), as redesignated by subsection
(a)(2), in the first sentence, by striking ‘‘subsections (b),
(d), and (f)’’ and inserting ‘‘subsections (b) and (e)’’;
and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ‘‘subsections (b), (d), and (f)’’ and
inserting ‘‘subsections (b) and (e)’’.
(c) CONFORMING AMENDMENTS TO OTHER PROVISIONS
OF LAW.—
(1) TITLE 14.—Section 2508(a) of title 14, United
States Code, is amended by striking ‘‘section 701(f)(2)’’
and inserting ‘‘section 701(e)’’.
(2) TITLE 37.—Title 37, United States Code, is
amended—
(A) in section 501—
(i) in subsection (b)(6), by striking ‘‘120
days of leave under section 701(f)(1)’’ and in-
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serting ‘‘90 days of leave under section
701(e)’’; and
(ii) in subsection (h), by striking ‘‘section
701(g)’’ and inserting ‘‘section 701(f)’’; and
(B) in section 502(b), by striking ‘‘section
701(h)’’ and inserting ‘‘section 701(g)’’.
(d) EFFECTIVE DATE.—The amendments made by this
section take effect on January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS
OF THE ARMED FORCES TO ACCUMULATE LEAVE
IN EXCESS OF 60 DAYS.
(a) IN GENERAL.—Section 701 of title 10, United
States Code, as amended by section 631, is further amended
by striking subsection (e) and inserting the following:
‘‘(e)(1) The Secretary concerned, under uniform regula-
tions to be prescribed by the Secretary of Defense, may au-
thorize a member described in paragraph (2) to retain not
more than 30 days of excess leave.
‘‘(2) A member described in this paragraph is a member
who—
‘‘(A)(i) serves on active duty for a continuous pe-
riod of at least 120 days for which the member is enti-
tled to special pay under section 310(a) of title 37; or
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‘‘(ii) is assigned to a deployable ship or mobile unit
or to other duty designated for the purposes of this sec-
tion;
‘‘(B) except for this subsection, would lose any ex-
cess leave at the end of the fiscal year; and
‘‘(C) receives, from the first officer in a grade above
O-6 in the chain of command of such member, written
authorization to retain such excess leave.
‘‘(3) Excess leave retained by a member under this sub-
section shall be forfeited unless used before the end of the
second fiscal year after the end of the fiscal year in which
the service or assignment described in paragraph (2)(A) ter-
minated.
‘‘(4) In this subsection, the term ‘excess leave’ means
leave accrued by a member in excess of the number of days
of leave authorized to be accumulated under subsection (b).’’.
(b) TRANSITION RULE.—Leave in excess of 90 days, ac-
cumulated by a member of the Armed Forces under section
701 of such title before the effective date under subsection
(c), is forfeited unless—
(1) used by the member on or before September 30,
2026; or
(2) the retention of such leave is otherwise author-
ized by law.
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(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) takes effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE
ARMED FORCES.
(a) IN GENERAL.—Section 701 of title 10, United
States Code, as amended by sections 631 and 632, is further
amended by adding at the end the following new subsection:
‘‘(m)(1) Except as provided by subsection (h)(3), and
under regulations prescribed by the Secretary of Defense, a
member of the armed forces diagnosed with a medical condi-
tion is allowed convalescent leave if—
‘‘(A) the medical or behavioral health provider of
the member—
‘‘(i) determines that the member is not yet fit
for duty as a result of that condition; and
‘‘(ii) recommends such leave for the member to
provide for the convalescence of the member from
that condition; and
‘‘(B) the commanding officer of the member or the
commander of the military medical treatment facility au-
thorizes such leave for the member.
‘‘(2) A member may take not more than 30 days of con-
valescent leave under paragraph (1) with respect to a condi-
tion described in that paragraph unless—
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‘‘(A) such leave in excess of 30 days is authorized
by—
‘‘(i) the Secretary concerned; or
‘‘(ii) an individual at the level designated by
the Secretary concerned, but not below the grade of
O–5 or the civilian equivalent; or
‘‘(B) the member is authorized to receive convales-
cent leave under subsection (h)(3) in conjunction with
the birth of a child.
‘‘(3)(A) Convalescent leave may be authorized under
paragraph (1) only for a medical condition of a member and
may not be authorized for a member in connection with a
condition of a dependent or other family member of the mem-
ber.
‘‘(B) In authorizing convalescent leave for a member
under paragraph (1) with respect to a condition described in
that paragraph, the commanding officer of the member or the
commander of the military medical treatment facility, as the
case may be, shall—
‘‘(i) limit the duration of such leave to the min-
imum necessary in relation to the diagnosis, prognosis,
and probable final disposition of the condition of the
member; and
‘‘(ii) authorize leave tailored to the specific medical
needs of the member rather than (except for convales-
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cent leave provided for under subsection (h)(3)) author-
izing leave based on a predetermined formula.
‘‘(4) A member taking convalescent leave under para-
graph (1) shall not have the member’s leave account reduced
as a result of taking such leave.
‘‘(5) In this subsection, the term ‘military medical treat-
ment facility’ means a facility described in subsection (b), (c),
or (d) of section 1073d of this title.’’.
(b) TREATMENT OF CONVALESCENT LEAVE FOR BIRTH
OF CHILD.—Paragraph (4) of subsection (h) of such section,
as redesignated by section 632, is amended—
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(3) by adding at the end the following new subpara-
graph:
‘‘(B) Convalescent leave may be authorized under sub-
paragraph (A) only for a medical condition of a member and
may not be authorized for a member in connection with a
condition of a dependent or other family member of the mem-
ber.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on January 1, 2023.
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Subtitle E—Family and Survivor
Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EF-
FECTS OF A DECEASED MEMBER OF THE ARMED
FORCES.
Section 1482(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(11)(A) Delivery of personal effects of a decedent
to the next of kin or other appropriate person.
‘‘(B) If the Secretary concerned enters into an
agreement with an entity to carry out subparagraph (A),
the Secretary concerned may, at the request of the per-
son described in such subparagraph, pursue a claim
against such entity that arises from the failure of such
entity to substantially perform such subparagraph.
‘‘(C) If an entity described in subparagraph (B)
fails to substantially perform subparagraph (A) by dam-
aging, losing, or destroying the personal effects of a de-
cedent, the Secretary concerned shall reimburse the per-
son designated under subsection (c) the greater of
$1,000 or the fair market value of such damage, loss, or
destruction. The Secretary concerned may request, from
the person designated under subsection (c), proof of fair
market value and ownership of the personal effects.’’.
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SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD
CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended
by adding at the end the following new subsection:
‘‘(d) CHILD CARE EMPLOYEE DISCOUNT.—The Sec-
retary of Defense may, to support recruitment and retention
initiatives, charge a child care employee, whose child attends
a military child development center, a reduced fee for such
attendance.’’.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) ELECTIONS BY PERSONS NOT CURRENTLY PARTICI-
PATING IN SURVIVOR BENEFIT PLAN.—
(1) ELECTION OF SBP COVERAGE.—An eligible re-
tired or former member may elect to participate in the
Survivor Benefit Plan during the open season described
in subsection (e).
(2) ELIGIBLE RETIRED OR FORMER MEMBERS.—
For purposes of paragraph (1), an eligible retired or
former member is a member or former member of the
uniformed services who, on or before the day before the
first day of the open season described in subsection
(e)—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under
chapter 1223 of title 10, United States Code (or
chapter 67 of such title as in effect before October
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5, 1994), but for the fact that such member or
former member is under 60 years of age.
(3) STATUS UNDER SBP OF PERSONS MAKING ELEC-
TIONS.—
(A) STANDARD ANNUITY.—A person making
an election under paragraph (1) by reason of eligi-
bility under paragraph (2)(A) shall be treated for
all purposes as providing a standard annuity under
the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A per-
son making an election under paragraph (1) by rea-
son of eligibility under paragraph (2)(B) shall be
treated for all purposes as providing a reserve-com-
ponent annuity under the Survivor Benefit Plan.
(4) PREMIUMS FOR OPEN SEASON.—
(A) PREMIUMS TO BE CHARGED.—The Sec-
retary of Defense shall prescribe in regulations pre-
miums that a person who makes an election under
paragraph (1) shall be required to pay for partici-
pating in the Survivor Benefit Plan pursuant to the
election.
(B) AMOUNT OF PREMIUMS.—The total
amount of the premiums to be paid by a person
under the regulations prescribed under subpara-
graph (A) shall be equal to the sum of—
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(i) the total amount by which the retired
pay of the person would have been reduced be-
fore the effective date of the election under
subsection (d) if the person had elected to par-
ticipate in the Survivor Benefit Plan (for the
same base amount specified in the election) at
the first opportunity that was afforded the per-
son to participate under chapter 73 of title 10,
United States Code;
(ii) interest on the amount by which the
retired pay of the person would have been so
reduced, computed from the date on which the
retired pay would have been so reduced at such
rate or rates and according to such method-
ology as the Secretary determines reasonable;
and
(iii) any additional amount that the Sec-
retary determines necessary to protect the ac-
tuarial soundness of the Department of De-
fense Military Retirement Fund against any in-
creased risk for the fund that is associated
with the election.
(C) PREMIUMS TO BE CREDITED TO RETIRE-
MENT FUND.—Premiums paid under the regula-
tions prescribed under subparagraph (A) shall be
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credited to the Department of Defense Military Re-
tirement Fund.
(b) ELECTIONS BY PERSONS CURRENTLY PARTICI-
PATING IN SURVIVOR BENEFIT PLAN.—
(1) ELECTION OF TO DISCONTINUE SBP PARTICIPA-
TION.—A person participating in the Survivor Benefit
Plan on the day before the first day of the open season
described in subsection (e) may elect to discontinue such
participation during the open season.
(2) CONSENT OF BENEFICIARIES.—
(A) IN GENERAL.—Except as provided in sub-
paragraph (B), a person described in paragraph (1)
may not make an election under that paragraph
without the concurrence of—
(i) each designated beneficiary of such
person under the Survivor Benefit Plan; and
(ii) the spouse of such person, if such per-
son is married.
(B) EXCEPTION WHEN BENEFICIARY UNAVAIL-
ABLE.—A person may make an election under para-
graph (1) without a concurrence required under
subparagraph (2) if the person establishes to the
satisfaction of the Secretary concerned—
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(i) that the whereabouts of the spouse or
beneficiary, as the case may be, cannot be de-
termined; or
(ii) that, due to exceptional circumstances,
requiring the person to seek the consent of the
spouse or beneficiary, as the case may be,
would otherwise be inappropriate.
(3) TREATMENT OF PREMIUMS.—
(A) DISCONTINUATION OF REDUCTIONS IN
PAY.—As of the effective date under subsection (d)
of an election by a person under paragraph (1), the
Secretary concerned shall discontinue the reduction
being made in the retired pay of the person arising
from participation in the Survivor Benefit Plan or,
in the case of a person who has been required to
make deposits in the Treasury on account of par-
ticipation in the Survivor Benefit Plan, that person
may discontinue making such deposits effective on
such effective date.
(B) TREATMENT OF PREVIOUS REDUCTIONS.—
A person who makes an election under paragraph
(1) is not entitled to a refund of any reduction or
deposit described in subparagraph (A) made before
such effective date.
(c) MANNER OF MAKING ELECTIONS.—
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(1) IN GENERAL.—An election under subsection (a)
or (b) shall be made in writing, signed by the person
making the election, and received by the Secretary con-
cerned before the end of the open season described in
subsection (e).
(2) CONDITIONS.—Except as provided in paragraph
(3), an election under subsection (a) shall be made sub-
ject to the same conditions, and with the same opportu-
nities for designation of beneficiaries and specification of
base amount, that apply under the Survivor Benefit
Plan.
(3) ELECTION MUST BE VOLUNTARY.—An election
under subsection (a) or (b) is not effective unless the
person making the election declares the election to be
voluntary. An election under subsection (a) or (b) to par-
ticipate or not to participate in the Survivor Benefit
Plan may not be required by any court. An election by
a person under subsection (a) to participate in the Sur-
vivor Benefit Plan is not subject to the concurrence of
a spouse or former spouse of the person.
(4) DESIGNATION WITH RESPECT TO RESERVE-COM-
PONENT ANNUITY.—A person making an election under
subsection (a) to provide a reserve-component annuity
shall make a designation described in section 1448(e) of
title 10, United States Code.
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(d) EFFECTIVE DATE FOR ELECTIONS.—An election
under subsection (a) or (b) shall be effective on the first day
of the first calendar month following the month in which the
election is received by the Secretary concerned.
(e) OPEN SEASON DESCRIBED.—The open season de-
scribed in this subsection is the period beginning on the date
of the enactment of this Act and ending on January 1, 2024.
(f) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—
The provisions of sections 1449, 1453, and 1454 of title 10,
United States Code, are applicable to a person making an
election, and to an election, under subsection (a) or (b) in the
same manner as if the election were made under the Survivor
Benefit Plan.
(g) DEFINITIONS.—In this section:
(1) The terms ‘‘base amount’’, ‘‘reserve-component
annuity’’, and ‘‘standard annuity’’ have the meanings
given those terms in section 1447 of title 10, United
States Code.
(2) The term ‘‘Department of Defense Military Re-
tirement Fund’’ means the fund established under sec-
tion 1461(a) of title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay.
(4) The terms ‘‘Secretary concerned’’ and ‘‘uni-
formed services’’ have the meanings given those terms in
section 101 of title 37, United States Code.
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(5) The term ‘‘Survivor Benefit Plan’’ means the
program established under subchapter II of chapter 73
of title 10, United States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD
CARE: BRIEFING.
(a) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a briefing re-
garding child care at military installations of the covered
Armed Forces—
(1) that are not served by a military child develop-
ment center; or
(2) where the military child development center has
few available spots.
(b) ELEMENTS.—The briefing under subsection (a) shall
include the following elements:
(1) With regards to each military installation de-
scribed in such subsection:
(A) The current and maximum possible enroll-
ment at the military child development center (if
one exists).
(B) Plans of the Secretary to expand an exist-
ing, or construct a new, military child development
center.
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(C) The resulting capacity of each military
child development center described in subparagraph
(B).
(D) The median cost of services at accredited
child care facilities located near such military instal-
lation compared to the amount of assistance pro-
vided by the Secretary of the military department
concerned to members for child care services.
(2) Any policy recommendations of the Secretary of
Defense—
(A) to address the rising cost of child care near
military installations; and
(B) regarding the rates of child care fee assist-
ance provided to members of the covered Armed
Forces.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the
following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
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(2) The term ‘‘military child development center’’
has the meaning given such term in section 1800 of title
10, United States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA
COLLECTION; TRAINING; REPORT.
(a) DATA COLLECTION.—Not later than one year after
the date of the enactment of this Act, the Under Secretary
of Defense for Personnel and Readiness, in coordination with
the Under Secretary for Food, Nutrition, and Consumer
Services of the Department of Agriculture, shall—
(1) develop a survey, in collaboration with the De-
partment of Agriculture, to determine how many mem-
bers of the Armed Forces serving on active duty, and de-
pendents of such members, are food insecure;
(2) issue the survey to such members and depend-
ents;
(3) collect data related to the number of such mem-
bers and dependents who—
(A) are eligible for the basic needs allowance
under section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members
and dependents, of Federal nutrition assistance pro-
grams, including—
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(i) the supplemental nutrition assistance
program under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition pro-
gram for women, infants, and children under
section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786); and
(iii) the school lunch program under the
Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.), and the school break-
fast program under section 4 of the Child Nu-
trition Act of 1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and des-
ignate an individual who will assist members at military
installations on how and where to refer such members
and their dependents for participation in Federal nutri-
tion assistance programs described in paragraph (3)(C);
and
(5) coordinate efforts of the Department of Defense
to address food insecurity and nutrition.
(b) REPORT.—Not later than one year after the date of
the enactment of this Act, and annually thereafter for the
four subsequent years, the Under Secretary of Defense for
Personnel & Readiness shall submit to the congressional de-
fense committees, the Committees on Agriculture and Edu-
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cation and Labor of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report including the following:
(1) The number of members of the Armed Forces
serving on active duty and their dependents who are food
insecure.
(2) The number of such members and their depend-
ents who use the Federal nutrition assistance programs
described in subsection (a)(3).
(3) The number of such members and their depend-
ents described in subsection (a)(3).
(4) The status of implementation of the plan under
subsection (a)(5).
Subtitle F—Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS
FROM THE XINJIANG UYGHUR AUTONOMOUS RE-
GION IN COMMISSARIES AND EXCHANGES.
(a) PROHIBITION.—Subchapter III of chapter 147 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2496. Sale of certain goods from the Xinjiang Uyghur
Autonomous Region prohibited
‘‘(a) PROHIBITION.—The Secretary of Defense may not
knowingly permit the sale, at a commissary store or military
exchange, of any good, ware, article, or merchandise—
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‘‘(1) containing any product mined, produced, or
manufactured, wholly or in part, by forced labor from
the XUAR; or
‘‘(2) from an entity that has used labor from within
or transferred from XUAR as part of a ‘poverty allevi-
ation’ or ‘pairing assistance’ program.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘forced labor’ means any work or
service that is exacted from any person under the men-
ace of any penalty for nonperformance and that the
worker does not offer to perform.
‘‘(2) The term ‘XUAR’ means the Xinjiang Uyghur
Autonomous Region of the People’s Republic of China.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such subchapter is amended by adding at
the end the following new item:
‘‘2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.’’.
Subtitle G—Miscellaneous Studies,
Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) IN GENERAL.—The Secretary of Defense shall seek
to enter into an agreement with a nonprofit entity or a feder-
ally funded research and development center to conduct re-
search and analysis on the value of basic pay for members
of the Armed Forces. The Secretary may include such re-
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search and analysis in the next quadrennial review of military
compensation.
(b) ELEMENTS.—The research and analysis conducted
under subsection (a) shall include the following:
(1) An assessment of the model used to determine
the basic pay in the current basic pay tables, including—
(A) an analysis of whether to update the cur-
rent model to meet the needs of the 2023 employ-
ment market;
(B) a historical understanding of when the cur-
rent model was established and how frequently it
has been during the last 10 years;
(C) an understanding of the assumptions on
which the model is based and how such assumptions
are validated;
(D) an analysis of time-in-grade requirements
and how they may affect retention and promotion;
and
(E) an assessment of how recruiting and reten-
tion information is used to adjust the model.
(2) An assessment of whether to modify current
basic pay tables to consider higher rates of pay for spe-
cialties the Secretary determines are in critical need of
personnel.
(3) An analysis of—
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(A) how basic pay has compared with civilian
pay since the 70th percentile benchmark for basic
pay was established; and
(B) whether to change the 70th percentile
benchmark.
(4) An assessment of whether—
(A) to adjust the annual increase in basic pay,
currently guided by changes in the Employment
Cost Index as a measure of the growth in private-
sector employment costs; or
(B) to use a different index, such as the De-
fense Employment Cost Index.
(5) Legislative and policy recommendations regard-
ing basic pay table based on analyses and assessments
under paragraphs (1) through (4).
(c) BRIEFINGS AND PROGRESS REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1,
2023, the Secretary shall provide to the appropriate con-
gressional committees an interim briefing on the ele-
ments described in subsection (b).
(2) PROGRESS REPORT.—Not later than one year
after the date of the enactment of this Act, the Sec-
retary shall submit to the appropriate congressional com-
mittees a progress report on the study under this sec-
tion.
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(3) FINAL BRIEFING.—Not later than two years
after the date of the enactment of this Act, the Sec-
retary shall submit to the appropriate congressional com-
mittees a final briefing on the study under this section.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congressional
committees’’ means the following:
(1) The Committee on Armed Services of the House
of Representatives.
(2) The Committee on Armed Services of the Sen-
ate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR
HOUSING.
(a) REPORT; ELEMENTS.—Not later than one year after
the date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretary of the department
in which the Coast Guard is operating, shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on BAH. Such report shall contain
the following elements:
(1) The evaluation of the Secretary—
(A) of the efficiency and accuracy of the cur-
rent system used to calculate BAH;
(B) the appropriateness of using mean and me-
dian housing costs in such calculation;
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(C) of existing MHAs, in relation to choices in,
and availability of, housing to servicemembers;
(D) of the suitability of the six standard hous-
ing profiles in relation to the average family sizes
of servicemembers, disaggregated by uniformed
service, rank, and MHA;
(E) of the flexibility of BAH to respond to
changes in real estate markets; and
(F) of residential real estate processes to deter-
mine rental rates.
(2) The recommendation of the Secretary—
(A) regarding the feasibility of including infor-
mation, furnished by Federal entities, regarding
school districts, in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the
housing market;
(C) whether to enter into an agreement with a
covered entity, to compile data and develop an en-
terprise grade, objective, data-driven algorithm to
calculate BAH;
(D) whether to publish the methods used by
the Secretary to calculate BAH on a publicly acces-
sible website of the Department of Defense; and
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(E) whether BAH calculations appropriately
account for increased housing costs associated with
Coast Guard facilities.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘BAH’’ means the basic allowance for
housing for members of the uniformed services under
section 403 of title 37, United States Code.
(2) The term ‘‘covered entity’’ means a nationally
recognized entity in the field of commercial real estate
that has data on local rental rates in real estate markets
across the United States.
(3) The term ‘‘MHA’’ means military housing area.
(4) The term ‘‘servicemember’’ has the meaning
given such term in section 101 of the Servicemembers
Civil Relief Act (50 U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOW-
ANCES.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a re-
port—
(1) reviewing the adequacy of the amounts of dis-
location and relocation allowances paid under section
452 of title 37, United States Code, to members of the
covered Armed Forces, in connection with changes in
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such members’ temporary or permanent duty assignment
locations, taking into consideration the rising costs of
moving, challenges in the housing market, and other ex-
penses incurred by such members;
(2) assessing the effects of delays in the issuance of
orders relating to changes to temporary or permanent
duty assignment locations on the timing of dislocation
and relocation allowances paid to members of the cov-
ered Armed Forces;
(3) assessing the feasibility and advisability of pay-
ing dislocation or relocation allowances to members of
the covered Armed Forces who are permanently assigned
from one unit to another with no change of permanent
duty station when the units are within the same metro-
politan area; and
(4) making recommendations with respect to the
matters described in paragraphs (1), (2), and (3).
(b) COVERED ARMED FORCES DEFINED.—In this sec-
tion, the term ‘‘covered Armed Forces’’ means the Army,
Navy, Marine Corps, Air Force, and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) BRIEFING.—Not later than six months after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the Senate
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and House of Representatives a briefing regarding the feasi-
bility and advisability of establishing complex overhaul pay.
(b) COMPLEX OVERHAUL PAY DEFINED.—In this sec-
tion, the term ‘‘complex overhaul pay’’ means a special
monthly pay—
(1) established pursuant to regulations prescribed
under section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned
to a naval vessel undergoing nuclear refueling or
defueling, and any concurrent complex overhaul;
(3) in addition to any other pay or allowance to
which a member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE
PROVIDERS.
(a) IN GENERAL.—
(1) STUDIES REQUIRED.—The Secretary of Defense
shall, for each geographic area in which the Secretary of
a military department operates a military child develop-
ment center, conduct a study—
(A) comparing the total compensation, includ-
ing all pay and benefits, of child care employees of
each military child development center in the geo-
graphic area to the total compensation of similarly
credentialed employees in such geographic area; and
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(B) estimating the difference in average pay
and the difference in average benefits between such
child care employees.
(2) SCHEDULE.—The Secretary of Defense shall
complete the studies required under paragraph (1)—
(A) for the geographic areas containing the
military installations with the 25 longest wait lists
for child care services at military child development
centers, not later than one year after the date of
the enactment of this Act; and
(B) for geographic areas other than geographic
areas described in subparagraph (A), not later than
two years after the date of the enactment of this
Act.
(3) REPORTS.—
(A) INTERIM REPORT.—Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of
Representatives a report summarizing the results of
the studies required under paragraph (1) that have
been completed as of the date of the submission of
such report.
(B) FINAL REPORT.—Not later than 120 days
after the completion of all the studies required
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under paragraph (1), the Secretary shall submit to
the Committees on Armed Services of the Senate
and House of Representatives a report summarizing
the results of such studies.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘benefits’’ includes—
(A) retirement benefits;
(B) any insurance premiums paid by an em-
ployer;
(C) education benefits, including tuition reim-
bursement and student loan repayment; and
(D) any other compensation an employer pro-
vides to an employee for service performed as an
employee (other than pay), as determined appro-
priate by the Secretary of Defense.
(2) The terms ‘‘child care employee’’ and ‘‘military
child development center’’ have the meanings given such
terms in section 1800 of title 10, United States Code.
(3) The term ‘‘pay’’ includes the basic rate of pay
of an employee and any additional payments an em-
ployer pays to an employee for service performed as an
employee.
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SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF
THE ARMED FORCES: STUDY; REPORT.
(a) STUDY.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research
and development center or non-profit entity to conduct a
study on the unique barriers to home ownership for members
of the Armed Forces.
(b) REPORT.—At the conclusion of the study under sub-
section (a), the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a report containing the results of such study.
TITLE VII—HEALTH CARE
PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime
during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for mem-
bers of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE
directory.
Sec. 706. Independent analysis of quality and patient safety review process
under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve
and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.
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Sec. 712. Inclusion of level three trauma care capabilities in requirements for
medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
Sec. 715. Congressional notification requirement to modify scope of services
provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civil-
ians for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to
delivery of health and medical care through use of other trans-
action authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humani-
tarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management
in the military health system.
Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former
spouses.
Sec. 722. Authority for Department of Defense program to promote early lit-
eracy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System
Medical Logistics Directorate and Military Health System
Education and Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical
manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Au-
tism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority
for independent suicide prevention and response review com-
mittee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruc-
tion.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under mili-
tary health system.
Sec. 738. Certification program in provision of mental health services to mem-
bers of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by in-
dividuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of De-
fense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength:
certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense intern-
ship programs relating to civilian behavioral health providers.
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Sec. 743. Updates to prior feasibility studies on establishment of new command
on defense health.
Sec. 744. Capability assessment and action plan with respect to effects of expo-
sure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military depart-
ment and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational
tempo and physical and mental health of members of the
Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner
violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed
Forces.
Subtitle A—TRICARE and Other
Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) IN GENERAL.—Section 1076a of title 10, United
States Code, is amended—
(1) in subsection (b)—
(A) by striking ‘‘The plans’’ and inserting the
following:
‘‘(1) IN GENERAL.—The plans’’; and
(B) by adding at the end the following new
paragraph:
‘‘(2) PREMIUM SHARING PLANS.—Effective as of
January 1, 2026, the regulations prescribed pursuant to
paragraph (1) shall include, with respect to premium
sharing plans referred to in subsection (d)(1), the fol-
lowing elements:
‘‘(A) A third party administrator shall manage
the administrative features of such plans, including
eligibility, enrollment, plan change and premium
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payment processes, submission of qualifying life
events changes, and address changes.
‘‘(B) Such plans shall include the following
three enrollment options:
‘‘(i) Self.
‘‘(ii) Self plus one.
‘‘(iii) Family.
‘‘(C) In the United States, to the extent prac-
ticable, individuals eligible to enroll in such a plan
shall be offered options to enroll in plans of not
fewer than two and not more than four dental in-
surance carriers.
‘‘(D) To the extent practicable, each carrier
described in subparagraph (C)—
‘‘(i) shall manage dental care delivery
matters, including claims adjudication (with re-
quired electronic submission of claims), coordi-
nation of benefits, covered services, enrollment
verification, and provider networks;
‘‘(ii) shall, in addition to offering a stand-
ard option plan, offer a non-standard option
plan;
‘‘(iii) may offer a non-standard option
plan managed as a dental health maintenance
organization plan;
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‘‘(iv) shall establish and operate dental
provider networks that provide—
‘‘(I) accessible care with a prevention
or wellness focus;
‘‘(II) continuity of care;
‘‘(III) coordinated care (including ap-
propriate dental and medical referrals);
‘‘(IV) patient-centered care (including
effective communications, individualized
care, and shared decision-making); and
‘‘(V) high-quality, safe care;
‘‘(v) shall develop and implement adult
and pediatric dental quality measures, includ-
ing effective measurements for—
‘‘(I) access to care;
‘‘(II) continuity of care;
‘‘(III) cost;
‘‘(IV) adverse patient events;
‘‘(V) oral health outcomes; and
‘‘(VI) patient experience; and
‘‘(vi) may conduct in the provider net-
works established and operated by the carrier
under clause (iv), to the extent practicable,
pilot programs on the development of a model
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of care based on the model of care commonly
referred to as patient-centered dental homes.’’;
(2) in subsection (d)(1)—
(A) in subparagraph (B), by striking ‘‘The
member’s’’ and inserting ‘‘During the period pre-
ceding January 1, 2026, the member’s’’;
(B) in subparagraph (C), by striking ‘‘of each
year,’’ and inserting ‘‘of each year during the period
preceding January 1, 2026,’’;
(C) in subparagraph (D), by striking ‘‘The
Secretary of Defense’’ and inserting ‘‘During the
period preceding January 1, 2026, the Secretary of
Defense’’; and
(D) by adding at the end the following new
subparagraphs:
‘‘(E) Beginning on January 1, 2026, the amount of
the premium required under subparagraph (A)—
‘‘(i) for standard option plans, shall be estab-
lished by the Secretary annually such that in the
aggregate (taking into account the adjustments
under subparagraph (F) and subsection (e)(3), the
Secretary’s share of each premium is 60 percent of
the premium for each enrollment category (self, self
plus one, and family, respectively) of each standard
option plan; and
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‘‘(ii) for non-standard option plans, shall be
equal to the amount determined under clause (i)
plus 100 percent of the additional premium amount
applicable to such non-standard option plan.
‘‘(F) Beginning on January 1, 2026, the Secretary
of Defense shall reduce the monthly premium required
to be paid under paragraph (1) in the case of enlisted
members in pay grade E–1, E–2, E–3, or E–4.’’;
(3) in subsection (e), by adding at the end the fol-
lowing new paragraph:
‘‘(3) Beginning on January 1, 2026, the Secretary of
Defense shall reduce copayments required to be paid under
paragraph (1) in the case of enlisted members in pay grade
E–1, E–2, E–3, or E–4.’’;
(4) in subsection (j), by striking ‘‘The Secretary of
Defense may not reduce benefits provided under a plan
established under this section until’’ and inserting ‘‘Dur-
ing the period preceding January 1, 2026, the Secretary
of Defense may not reduce benefits provided under a
plan established under this section, and on or after Jan-
uary 1, 2026, the Secretary may not reduce benefits pro-
vided under a standard option plan under this section,
until’’; and
(5) by adding at the end the following new sub-
section:
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‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘non-standard option plan’ means a
high option dental insurance plan that includes covered
services in addition to, or provides greater coverage with
respect to, services covered under a standard option
plan.
‘‘(2) The term ‘standard option plan’ means a den-
tal insurance plan that provides for the coverage of pre-
ventive services, basic restorative services, and specialty
dental care services at a level that is at least commensu-
rate with the coverage of the same services provided
under the premium sharing plans under this section dur-
ing the period preceding January 1, 2026.’’.
(b) RULEMAKING.—Pursuant to the authority under sec-
tion 1076a(b)(1) of title 10, United States Code, as amended
by subsection (a), the Secretary of Defense shall—
(1) not later than January 1, 2025, prescribe an in-
terim final rule to carry out the amendments made by
subsection (a); and
(2) after prescribing the interim final rule under
subparagraph (A) and considering public comments with
respect to such interim final rule, prescribe a final rule,
effective on January 1, 2026, to carry out such amend-
ments.
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(c) BRIEFINGS.—Not later than January 1 of each of
2024, 2025, and 2026, the Secretary of Defense shall provide
to the Committees on Armed Services of the House of Rep-
resentatives and the Senate a briefing on the status of the
implementation of the amendments made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL
GUARD FOLLOWING REQUIRED TRAINING OR
OTHER DUTY TO RESPOND TO A NATIONAL EMER-
GENCY.
(a) TRANSITIONAL HEALTH CARE.—Subsection (a)(2)
of section 1145 of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(G) A member of the National Guard who is sepa-
rated from full-time National Guard Duty to which
called or ordered under section 502(f) of title 32 for a
period of active service of more than 30 days to perform
duties that are authorized by the President or the Sec-
retary of Defense for the purpose of responding to a na-
tional emergency declared by Congress or the President
and supported by Federal funds.’’.
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
(1) in subsection (a)—
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(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ‘‘active duty’’ and in-
serting ‘‘active service’’;
(B) in paragraph (3), by striking ‘‘paragraph
(2)(B)’’ and inserting ‘‘subparagraph (B) or (G) of
paragraph (2)’’;
(C) in paragraph (4)—
(i) by striking ‘‘active duty’’ each place it
appears and inserting ‘‘active service’’; and
(ii) in the second sentence, by striking ‘‘or
(D)’’ and inserting ‘‘(D), or (G)’’;
(D) in paragraph (5), in subparagraphs (A)
and (B), by striking ‘‘active duty’’ each place it ap-
pears and inserting ‘‘active service’’; and
(E) in paragraph (7)(A)—
(i) by striking ‘‘service on active duty’’
and inserting ‘‘active service’’; and
(ii) by striking ‘‘active duty for’’ and in-
serting ‘‘active service for’’;
(2) in subsection (b)(1), by striking ‘‘active duty’’
and inserting ‘‘active service’’; and
(3) in subsection (d)(1)(A), by striking ‘‘active
duty’’ and inserting ‘‘active service’’.
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SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE
UNDER TRICARE PRIME DURING PERMANENT
CHANGES OF STATION.
(a) IN GENERAL.—Section 714 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. 1095f note) is amended—
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (e):
‘‘(e) IMPROVEMENT OF SPECIALTY CARE REFERRALS
DURING PERMANENT CHANGES OF STATION.—In conducting
evaluations and improvements under subsection (d) to the re-
ferral process described in subsection (a), the Secretary shall
ensure beneficiaries enrolled in TRICARE Prime who are un-
dergoing a permanent change of station receive referrals from
their primary care manager to such specialty care providers
in the new location as the beneficiary may need before under-
going the permanent change of station.’’.
(b) BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the contrac-
tual and technical barriers preventing record sharing between
civilian provider networks under the TRICARE program that
lead to increased wait times for care for members of the
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Armed Forces and the dependents thereof undergoing perma-
nent changes of station across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL
HEALTH CARE SERVICES FOR MEMBERS OF THE
ARMED FORCES.
(a) IN GENERAL.—In order to reinforce the policies of
eliminating stigma in obtaining mental health care services
and further encouraging help-seeking behavior by members of
the Armed Forces, not later than July 1, 2023, the Secretary
of Defense shall—
(1) update and reissue Department of Defense In-
struction 6490.08, titled ‘‘Command Notification Re-
quirements to Dispel Stigma in Providing Mental Health
Care to Service Members’’ and issued on August 17,
2011, taking into account—
(A) experience implementing the Instruction;
and
(B) opportunities to more effectively dispel
stigma in obtaining mental health care services and
encourage help-seeking behavior; and
(2) develop standards within the Department of De-
fense that—
(A) ensure, except in a case in which there is
an exigent circumstance, the confidentiality of men-
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tal health care services provided to members who
voluntarily seek such services;
(B) include a model for making determinations
with respect to exigent circumstances that clarifies
the responsibilities regarding the determination of
the effect on military function and the prevention of
self-harm by the individual; and
(C) in a case in which there is an exigent cir-
cumstance, prevent health care providers from dis-
closing more than the minimum amount of informa-
tion necessary to address the exigent circumstance.
(b) ELEMENTS.—The standards required by subsection
(a)(2) shall include the following elements:
(1) Requirements for confidentiality regarding the
request and receipt by a member of the Armed Forces
of mental health care services under the self-initiated re-
ferral process under section 1090a(e) of title 10, United
States Code.
(2) Requirements for confidentiality regarding the
results of any drug testing incident to such mental
health care services.
(3) Procedures that reflect best practices of the
mental health profession with respect to suicide preven-
tion.
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(4) A prohibition against retaliating against a mem-
ber of the Armed Forces who requests mental health
care services.
(5) Such other elements as the Secretary deter-
mines will most effectively support the policies of—
(A) eliminating stigma in obtaining mental
health care services; and
(B) encouraging help-seeking behavior by
members of the Armed Forces.
(c) JOINT POLICY WITH THE SECRETARY OF VETERANS
AFFAIRS.—
(1) IN GENERAL.—Not later than July 1, 2023, the
Secretary of Defense and the Secretary of Veterans Af-
fairs shall issue a joint policy that provides, except in a
case in which there is an exigent circumstance, for the
confidentiality of mental health care services provided by
the Secretary of Veterans Affairs to members of the
Armed Forces, including the reserve components, under
section 1712A, 1720F, 1720H, or 1789 of title 38,
United States Code, or other applicable law.
(2) ELEMENTS.—The joint policy issued under
paragraph (1) shall, to the extent practicable, include
standards comparable to the standards developed under
subsection (a)(2).
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(d) REPORT.—Not later than July 1, 2023, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
copy of the standards developed under subsection (a)(2) and
the joint policy issued under subsection (c).
(e) EXIGENT CIRCUMSTANCE DEFINED.—In this sec-
tion, the term ‘‘exigent circumstance’’ means a circumstance
in which the Secretary of Defense determines the need to pre-
vent serious harm to an individual or essential military func-
tion clearly outweighs the need for confidentiality of informa-
tion obtained by a health care provider incident to mental
health care services voluntarily sought by a member of the
Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK
PROVIDERS LISTED IN TRICARE DIRECTORY.
(a) AUDIT REQUIRED.—The Comptroller General of the
United States shall conduct an audit of the behavioral health
care providers listed in the TRICARE directory.
(b) REPORT.—Not later than one year after the date of
the enactment of this Act, the Comptroller General shall sub-
mit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the findings of
the audit under subsection (a). Such report shall include the
following:
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(1) An identification of the following, disaggregated
by provider specialty and TRICARE provider network
region:
(A) The number of such behavioral health care
providers with respect to which there are duplicate
listings in the TRICARE directory.
(B) The number of such behavioral health care
providers that, as of the commencement of the
audit, were listed in the TRICARE directory as
available and accepting new TRICARE patients.
(C) The number of such behavioral health care
providers that, as a result of the audit, the Comp-
troller General determines are no longer available or
accepting new TRICARE patients.
(D) The number of such behavioral health care
providers that were not previously listed in the
TRICARE directory as available and accepting new
TRICARE patients but that, as a result of the
audit, the Comptroller General determines are so
available and accepting.
(E) The number of behavioral health care pro-
viders listed in the TRICARE directory that are no
longer practicing.
(F) The number of behavioral health care pro-
viders that, in conducting the audit, the Comp-
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troller General could not reach for purposes of
verifying information relating to availability or sta-
tus.
(2) An identification of the number of TRICARE
beneficiaries in each TRICARE region, disaggregated by
beneficiary category.
(3) A description of the methods by which the Sec-
retary of Defense measures the following:
(A) The accessibility and accuracy of the
TRICARE directory, with respect to behavioral
health care providers listed therein.
(B) The adequacy of behavioral health care
providers under the TRICARE program.
(4) A description of the efforts of the Secretary of
Defense to recruit and retain behavioral health care pro-
viders.
(5) Recommendations by the Comptroller General,
based on the findings of the audit, on how to improve
the availability of behavioral health care providers that
are network providers under the TRICARE program, in-
cluding through the inclusion of specific requirements in
the next generation of TRICARE contracts.
(c) DEFINITIONS.—In this section:
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(1) The term ‘‘TRICARE directory’’ means the di-
rectory of network providers under the TRICARE pro-
gram.
(2) The term ‘‘TRICARE program’’ has the mean-
ing given such term in section 1072 of title 10, United
States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT
SAFETY REVIEW PROCESS UNDER DIRECT CARE
COMPONENT OF TRICARE PROGRAM.
(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center for the federally funded
research and development center to carry out the activi-
ties described in subsections (b) and (c).
(2) TIMING.—The Secretary shall seek to enter into
the agreement described in paragraph (1) not later Octo-
ber 1, 2023.
(b) ANALYSIS BY FFRDC.—
(1) ANALYSIS.—Under an agreement between the
Secretary and a federally funded research and develop-
ment center entered into pursuant to subsection (a), the
federally funded research and development center shall
conduct an analysis of the quality and patient safety re-
view process for health care provided under the direct
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care component of the TRICARE program and develop
recommendations for the Secretary based on such anal-
ysis.
(2) ELEMENTS.—The analysis conducted and rec-
ommendations developed under paragraph (1) shall in-
clude, with respect to the direct care component of the
TRICARE program, an assessment of the following:
(A) The procedures under such component re-
garding credentialing and privileging for health care
providers (and an assessment of compliance with
such procedures).
(B) The processes under such component for
quality assurance, standard of care, and incident re-
view (and an assessment of compliance with such
processes).
(C) The accountability processes under such
component for health care providers who are found
to have not met a required standard of care.
(D) The transparency activities carried out
under such component, including an assessment of
the publication of clinical quality metrics (at the
level of military medical treatment facilities and
other operational medical units of the Department
of Defense), and a comparison with similar metrics
for non-Department health care entities.
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(E) The standardization activities carried
under such component, including activities aimed at
eliminating unwarranted variation in clinical quality
metrics at the level of military medical treatment
facilities and other operational medical units of the
Department.
(F) The implementation under such component
of the requirements of section 744 of the National
Defense Authorization Act for Fiscal Year 2021
(Public Law 116–283; 134 Stat. 3708; 10 U.S.C.
1071 note), including with respect to health care
delivery on ships and planes, in deployed settings,
and in all other circumstances outside of military
medical treatment facilities.
(G) The organizational roles and responsibil-
ities of military health system entities involved in
clinical quality management functions under such
component, including the Assistant Secretary of De-
fense for Health Affairs, the Director of the De-
fense Health Agency, and the Surgeons General of
the Army, Navy, and Air Force, each of whom shall
conduct and submit to the federally funded research
and development center an internal assessment of
the respective entity regarding each element set
forth under this paragraph.
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(3) INFORMATION ACCESS AND PRIVACY.—
(A) ACCESS TO RECORDS.—Notwithstanding
section 1102 of title 10, United States Code, the
Secretary shall provide the federally funded re-
search and development center with access to such
records of the Department of Defense as the Sec-
retary may determine necessary for purposes of the
federally funded research and development center
conducting the analysis and developing the rec-
ommendations under paragraph (1).
(B) PRIVACY OF INFORMATION.—In con-
ducting the analysis and developing the rec-
ommendations under paragraph (1), the federally
funded research and development center—
(i) shall maintain any personally identifi-
able information in records accessed by the
federally funded research and development cen-
ter pursuant to subparagraph (A) in accord-
ance with applicable laws, protections, and best
practices regarding the privacy of information;
and
(ii) may not permit access to such infor-
mation by any individual or entity not engaged
in conducting such analysis or developing such
recommendations.
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(c) BRIEFING AND REPORTS.—
(1) INTERIM BRIEFING.—Not later than 180 days
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate an
interim briefing on—
(A) the selection of a federally funded research
and development center with which the Secretary
shall seek to enter into an agreement with under
subsection (a);
(B) any related guidance issued by the Sec-
retary; and
(C) the methodology for conducting the study
to be used by such federally funded research and
development center.
(2) REPORT TO SECRETARY.—Under an agreement
entered into between the Secretary and a federally fund-
ed research and development center under subsection
(a), the federally funded research and development cen-
ter, not later than one year after the date of the execu-
tion of the agreement, shall submit to the Secretary a
report on the findings of the federally funded research
and development center with respect to the analysis con-
ducted and recommendations developed under subsection
(b).
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(3) REPORT TO CONGRESS.—Not later than 120
days after the date on which the Secretary receives the
report of the federally funded research and development
center under paragraph (1), the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate such report, along with
an assessment by the Secretary of the analysis, findings,
and recommendations contained therein and the plan of
the Secretary for strengthening clinical quality manage-
ment in the military health system.
(4) PUBLICATION.—The Secretary shall make the
report under paragraph (2) available on a public website
in unclassified form.
(d) TRICARE PROGRAM DEFINED.—In this section, the
term ‘‘TRICARE program’’ has the meaning given such term
in section 1072 of title 10, United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RE-
SERVE SELECT AND TRICARE DENTAL PROGRAM
TO MEMBERS OF THE SELECTED RESERVE AND
DEPENDENTS THEREOF.
(a) STUDY.—The Secretary of Defense may conduct a
study on the feasibility, potential cost effects to the budget
of the Department of Defense, changes in out-of-pocket costs
to beneficiaries, and effects on other Federal programs of ex-
panding eligibility for TRICARE Reserve Select and the
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TRICARE dental program to include all members of the Se-
lected Reserve of the Ready Reserve of a reserve component
of the Armed Forces, the dependents thereof, and the non-
dependent children thereof under the age of 26.
(b) SPECIFICATIONS.—If the Secretary conducts the
study under subsection (a), the Secretary shall include in the
study an assessment of the following:
(1) Cost-shifting to the Department of Defense to
support the expansion of TRICARE Reserve Select and
the TRICARE dental program from—
(A) health benefit plans under chapter 89 of
title 5, United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care ex-
change; and
(E) the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to en-
roll in TRICARE Reserve Select and the TRICARE
dental program members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed
Forces who were previously uninsured.
(3) The resources needed to implement TRICARE
Reserve Select and the TRICARE dental program for all
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such members, the dependents thereof, and the non-de-
pendent children thereof under the age of 26.
(4) Cost-savings, if any, resulting from the expan-
sion of TRICARE Reserve Select and the TRICARE
dental program with regard to increased training days
performed in support of mass medical events during bat-
tle assemblies of the reserve components, including an
assessment of the impact of such expansion on—
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve
components to backfill medical fallouts at mobiliza-
tion sites; and
(F) any other readiness metrics affected by
such expansion.
(5) Any effect of such expansion on recruitment and
retention of members of the Armed Forces, including
members of the Ready Reserve of the reserve compo-
nents of the Armed Forces.
(6) Cost-savings, if any, in contracts that imple-
ment the Reserve Health Readiness Program of the De-
partment of Defense.
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(c) DETERMINATION OF COST EFFECTS.—If the Sec-
retary conducts the study under subsection (a), the Secretary
shall include in such study an assessment of the potential
cost effects to the budget of the Department of Defense for
scenarios of expanded eligibility for TRICARE Reserve Select
and the TRICARE dental program as follows:
(1) Premium free for members of the Selected Re-
serve of the Ready Reserve of a reserve component of
the Armed Forces, the dependents thereof, and the non-
dependent children thereof under the age of 26.
(2) Premium free for such members and subsidized
premiums for such dependents and non-dependent chil-
dren.
(3) Subsidized premiums for such members, de-
pendents, and non-dependent children.
(d) USE OF A FEDERALLY FUNDED RESEARCH AND
DEVELOPMENT CENTER.—The Secretary may enter into a
contract with a federally funded research and development
center the Secretary determines is qualified and appropriate
to conduct the study under subsection (a).
(e) BRIEFING; REPORT.—
(1) BRIEFING.—If the Secretary conducts the study
under subsection (a), not later than one year after the
date of the enactment of this Act, the Secretary shall
provide to the Committees on Armed Services of the
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Senate and the House of Representatives a briefing on
the methodology and approach of the study.
(2) REPORT.—If the Secretary conducts the study
under subsection (a), not later than two years after the
date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on the re-
sults of the study.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE dental program’’ means
dental benefits under section 1076a of title 10, United
States Code.
(2) The term ‘‘TRICARE Reserve Select’’ means
health benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO
TRICARE PROGRAM AND OVERSIGHT OF SUCH
CONTRACTS.
(a) STUDY.—The Comptroller General of the United
States shall conduct a study on certain contracts relating to
the TRICARE program and the oversight provided by the Di-
rector of the Defense Health Agency with respect to such
contracts.
(b) MATTERS.—The study under subsection (a) shall in-
clude an assessment of the following:
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(1) TRICARE MANAGED CARE SUPPORT CON-
TRACTS.—With respect to TRICARE managed care sup-
port contracts (including the TRICARE managed care
support contract for which the Director of the Defense
Health Agency published a request for proposals on
April 15, 2021, commonly referred to as ‘‘T-5’’), the
process used in awarding such contracts.
(2) OTHER CONTRACTS.—With respect to each con-
tract relating to the TRICARE program other than a
contract specified in paragraph (1) entered into by the
Director of the Defense Health Agency during the period
beginning on October 1, 2017, and ending on September
30, 2022, where the value of such contract is greater
than $500,000,000, the following:
(A) The total number of such contracts,
disaggregated by fiscal year, contract type, type of
product or service procured, and total expenditure
under each such contract by fiscal year.
(B) The total number of bid protests filed with
respect to such contracts, and the outcome of such
protests.
(C) The total number of such contracts award-
ed through means other than full and open competi-
tion.
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(3) DEFENSE HEALTH AGENCY CONTRACT OVER-
SIGHT.—With respect to the period beginning on Octo-
ber 1, 2017, and ending on September 30, 2022, the fol-
lowing:
(A) The staff of the Defense Health Agency re-
sponsible for performing oversight of the contracts
specified in paragraphs (1) and (2), including the
following:
(i) The number of such staff.
(ii) Any professional training requirements
for such staff.
(iii) Any acquisition certifications or ac-
creditations held by such staff.
(B) Any office or other element of the Defense
Health Agency responsible for contract award, ad-
ministration, or oversight with respect to the
TRICARE program, including the organizational
structure, responsibilities, authorities, and key roles
of each such office or element.
(C) The process used by the Director of the
Defense Health Agency for determining staffing
needs and competencies relating to contract award,
administration, or oversight with respect to the
TRICARE program.
(c) INTERIM BRIEFING; REPORT.—
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(1) INTERIM BRIEFING.—Not later than one year
after the date of the enactment of this Act, the Comp-
troller General shall provide to the Committees on
Armed Services of the House of Representatives and the
Senate an interim briefing on the study under subsection
(a).
(2) REPORT.—Not later than two years after the
date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report
containing the results of the study under subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERV-
ICES UNDER TRICARE PROGRAM AND RELATION-
SHIP TO CERTAIN MENTAL HEALTH PARITY LAWS.
(a) STUDY AND REPORT REQUIRED.—Not later than
one year after the date of the enactment of this Act, the
Comptroller General of the United States shall—
(1) conduct a study to describe—
(A) coverage of mental health services under
the TRICARE program;
(B) any limits on such coverage that are not
also imposed on health services other than mental
health services under the TRICARE program; and
(C) the efforts of the Department of Defense
to align coverage of mental health services under
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the TRICARE program with coverage requirements
under mental health parity laws; and
(2) submit to the Secretary of Defense, the congres-
sional defense committees, and (with respect to any find-
ings concerning the Coast Guard when it is not oper-
ating as a service in the Department of the Navy), the
Secretary of Homeland Security, the Committee on
Transportation and Infrastructure of the House of Rep-
resentatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report containing
the findings of such study.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘mental health parity laws’’ means—
(A) section 2726 of the Public Health Service
Act (42 U.S.C. 300gg–26);
(B) section 712 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code
of 1986 (26 U.S.C. 9812); or
(D) any other Federal law that applies the re-
quirements under any of the sections described in
subparagraph (A), (B), or (C), or requirements that
are substantially similar to those provided under
any such section, as determined by the Comptroller
General.
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(2) The term ‘‘TRICARE program’’ has the mean-
ing given such term in section 1072 of title 10, United
States Code.
Subtitle B—Health Care
Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDER-
GOING DISABILITY EVALUATION.
(a) POLICY.—Not later than April 1, 2023, the Sec-
retary of Defense, in consultation with the Secretaries con-
cerned, shall establish a policy to ensure accountability for
actions taken under the authorities of the Defense Health
Agency and the Armed Forces, respectively, concerning
wounded, ill, and injured members of the Armed Forces dur-
ing the integrated disability evaluation system process. Such
policy shall include the following:
(1) A restatement of the requirement that, in ac-
cordance with section 1216(b) of title 10, United States
Code, a determination of fitness for duty of a member
of the Armed Forces under chapter 61 of title 10,
United States Code, is the responsibility of the Secretary
concerned.
(2) A description of the role of the Director of the
Defense Health Agency in supporting the Secretaries
concerned in carrying out determinations of fitness for
duty as specified in paragraph (1).
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(3) A description of how the medical evaluation
board processes of the Armed Forces are integrated with
the Defense Health Agency, including with respect to
case management, appointments, and other relevant
matters.
(4) A requirement that, in determining fitness for
duty of a member of the Armed Forces under chapter
61 of title 10, United States Code, the Secretary con-
cerned shall consider the results of any medical evalua-
tion of the member provided under the authority of the
Defense Health Agency pursuant to section 1073c of
title 10, United States Code.
(5) A description of how the Director of the De-
fense Health Agency adheres to the medical evaluation
processes of the Armed Forces, including an identifica-
tion of each applicable regulation or policy to which the
Director is required to so adhere.
(6) An assessment of the feasibility of affording
various additional due process protections to members of
the Armed Forces undergoing the medical evaluation
board process.
(7) A restatement of the requirement that wounded,
ill, and injured members of the Armed Forces may not
be denied any due process protection afforded under ap-
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plicable law or regulation of the Department of Defense
or the Armed Forces.
(8) A description of the types of due process protec-
tions specified in paragraph (7), including an identifica-
tion of each specific due process protection.
(b) CLARIFICATION OF RESPONSIBILITIES REGARDING
MEDICAL EVALUATION BOARDS.—Section 1073c of title 10,
United States Code, is amended—
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the following
new subsection (h):
‘‘(h) RULE OF CONSTRUCTION REGARDING SECRE-
TARIES CONCERNED AND MEDICAL EVALUATION BOARDS.—
Nothing in this section shall be construed as transferring to
the Director of the Defense Health Agency, or otherwise re-
voking, any authority or responsibility of the Secretary con-
cerned under chapter 61 of this title with respect to a mem-
ber of the armed forces (including with respect to the admin-
istration of morale and welfare and the determination of fit-
ness for duty for the member) while the member is being con-
sidered by a medical evaluation board.’’.
(c) BRIEFING.—Not later than February 1, 2023, the
Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Sen-
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ate a briefing on the status of the implementation of sub-
sections (a) and (b).
(d) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall sub-
mit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the implementa-
tion of subsections (a) and (b), lessons learned as a result of
such implementation, and the recommendations of the Sec-
retary relating to the policy on wounded, ill, and injured
members of the Armed Forces undergoing the integrated dis-
ability evaluation system process.
(e) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘‘Secretary concerned’’ has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPA-
BILITIES IN REQUIREMENTS FOR MEDICAL CEN-
TERS.
Section 1073d(b)(3) of title 10, United States Code, is
amended by striking ‘‘or level two’’ and inserting ‘‘, level two,
or level three’’.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN
MILITARY HEALTH SYSTEM.
(a) CENTERS OF EXCELLENCE.—Section 1073d(b)(4) of
title 10, United States Code, is amended to read as follows:
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‘‘(4)(A) The Secretary shall designate certain major
medical centers as regional centers of excellence for the provi-
sion of specialty care services in the areas of specialty care
described in subparagraph (D). A major medical center may
be designated as a center of excellence under this subpara-
graph for more than one such area of specialty care.
‘‘(B) The Secretary may designate certain medical cen-
ters as satellite centers of excellence for the provision of spe-
cialty care services for specific conditions, such as the fol-
lowing:
‘‘(i) Post-traumatic stress.
‘‘(ii) Traumatic brain injury.
‘‘(iii) Such other conditions as the Secretary deter-
mines appropriate.
‘‘(C) Centers of excellence designated under this para-
graph shall serve the purposes of—
‘‘(i) ensuring the military medical force readiness of
the Department of Defense and the medical readiness of
the armed forces;
‘‘(ii) improving the quality of health care furnished
by the Secretary to eligible beneficiaries; and
‘‘(iii) improving health outcomes for eligible bene-
ficiaries.
‘‘(D) The areas of specialty care described in this sub-
paragraph are as follows:
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‘‘(i) Oncology.
‘‘(ii) Burn injuries and wound care.
‘‘(iii) Rehabilitation medicine.
‘‘(iv) Psychological health and traumatic brain in-
jury.
‘‘(v) Amputations and prosthetics.
‘‘(vi) Neurosurgery.
‘‘(vii) Orthopedic care.
‘‘(viii) Substance abuse.
‘‘(ix) Infectious diseases and preventive medicine.
‘‘(x) Cardiothoracic surgery.
‘‘(xi) Such other areas of specialty care as the Sec-
retary determines appropriate.
‘‘(E)(i) Centers of excellence designated under this para-
graph shall be the primary source within the military health
system for the receipt by eligible beneficiaries of specialty
care.
‘‘(ii) Eligible beneficiaries seeking a specialty care serv-
ice through the military health system shall be referred to a
center of excellence designated under subparagraph (A) for
that area of specialty care or, if the specialty care service
sought is unavailable at such center, to an appropriate spe-
cialty care provider in the private sector.
‘‘(F) Not later than 90 days prior to the designation of
a center of excellence under this paragraph, the Secretary
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shall notify the Committees on Armed Services of the House
of Representatives and the Senate of such designation.
‘‘(G) In this paragraph, the term ‘eligible beneficiary’
means any beneficiary under this chapter.’’.
(b) DEADLINE.—The Secretary of Defense shall des-
ignate certain major medical centers as regional centers of
excellence in accordance with section 1073d(b)(4)(A) of title
10, United States Code, as added by subsection (a), by not
later than one year after the date of the enactment of this
Act.
(c) REPORT.—
(1) SUBMISSION.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Serv-
ices of the House of Representatives and the Senate a
report that sets forth the plan of the Department of De-
fense to designate centers of excellence under section
1073d(b)(4) of title 10, United States Code, as added by
subsection (a).
(2) ELEMENTS.—The report under paragraph (1)
shall include the following:
(A) A list of the centers of excellence to be des-
ignated under such section 1073d(b)(4) and the lo-
cations of such centers.
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(B) A description of the specialty care services
to be provided at each such center and a staffing
plan for each such center.
(C) A description of how each such center shall
improve—
(i) the military medical force readiness of
the Department and the medical readiness of
the Armed Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible bene-
ficiaries.
(D) A comprehensive plan for the referral of
eligible beneficiaries for specialty care services at
centers of excellence designated under such section
1073d(b)(4) and appropriate specialty care pro-
viders in the private sector.
(E) A plan to assist eligible beneficiaries with
travel and lodging, if necessary, in connection with
the receipt of specialty care services at centers of
excellence designated under such section
1073d(b)(4) or appropriate specialty care providers
in the private sector.
(F) A plan to transfer specialty care providers
of the Department to centers of excellence des-
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ignated under such section 1073d(b)(4), in a num-
ber as determined by the Secretary to be required
to provide specialty care services to eligible bene-
ficiaries at such centers.
(G) A plan to monitor access to care, bene-
ficiary satisfaction, experience of care, and clinical
outcomes to understand better the impact of such
centers on the health care of eligible beneficiaries.
(d) ELIGIBLE BENEFICIARY DEFINED.—In this section,
the term ‘‘eligible beneficiary’’ means any beneficiary under
chapter 55 of title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FA-
CILITIES TO IMPROVE MEDICAL FORCE READI-
NESS.
(a) IN GENERAL.—Section 1073d(b) of title 10, United
States Code, as amended by section 713, is further amended
by adding at the end the following new paragraph:
‘‘(5)(A) The Secretary of Defense shall designate and
maintain certain military medical treatment facilities as core
casualty receiving facilities, to ensure the medical capability
and capacity required to diagnose, treat, and rehabilitate
large volumes of combat casualties and, as may be directed
by the President or the Secretary, provide a medical response
to events the President determines or declares as natural dis-
asters, mass casualty events, or other national emergencies.
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‘‘(B) The Secretary shall ensure that the military med-
ical treatment facilities selected for designation pursuant to
subparagraph (A) are geographically located to facilitate the
aeromedical evacuation of casualties from theaters of oper-
ations.
‘‘(C) The Secretary—
‘‘(i) shall ensure that the Secretaries of the military
departments assign military personnel to core casualty
receiving facilities designated under subparagraph (A) at
not less than 90 percent of the staffing level required to
maintain the operating bed capacity necessary to support
operation planning requirements;
‘‘(ii) may augment the staffing of military personnel
at core casualty receiving facilities under subparagraph
(A) with civilian employees of the Department of De-
fense to fulfil the staffing requirement under clause (i);
and
‘‘(iii) shall ensure that each core casualty receiving
facility under subparagraph (A) is staffed with a civilian
Chief Financial Officer and a civilian Chief Operating
Officer with experience in the management of civilian
hospital systems, for the purpose of ensuring continuity
in the management of the facility.
‘‘(D) In this paragraph:
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‘‘(i) The term ‘core casualty receiving facility’
means a Role 4 medical treatment facility that serves as
a medical hub for the receipt and treatment of casual-
ties, including civilian casualties, that may result from
combat or from an event the President determines or de-
clares as a natural disaster, mass casualty event, or
other national emergency.
‘‘(ii) The term ‘Role 4 medical treatment facility’
means a medical treatment facility that provides the full
range of preventative, curative, acute, convalescent, re-
storative, and rehabilitative care.’’.
(b) TIMELINE FOR ESTABLISHMENT.—
(1) DESIGNATION.—Not later than October 1,
2024, the Secretary of Defense shall designate four mili-
tary medical treatment facilities as core casualty receiv-
ing facilities under section 1073d(b)(5) of title 10,
United States Code (as added by subsection (a)).
(2) OPERATIONAL.—Not later than October 1,
2025, the Secretary shall ensure that each such des-
ignated military medical treatment facility is fully
staffed and operational as a core casualty receiving facil-
ity, in accordance with the requirements of such section
1073d(b)(5).
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SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO
MODIFY SCOPE OF SERVICES PROVIDED AT MILI-
TARY MEDICAL TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as
amended by section 714, is further amended by adding at the
end the following new subsection:
‘‘(f) NOTIFICATION REQUIRED TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.—(1) The Secretary of Defense may not modify
the scope of medical care provided at a military medical
treatment facility, or the beneficiary population served at the
facility, unless—
‘‘(A) the Secretary submits to the Committees on
Armed Services of the House of Representatives and the
Senate a notification of the proposed modification in
scope;
‘‘(B) a period of 180 days has elapsed following the
date on which the Secretary submits such notification;
and
‘‘(C) if the proposed modification in scope involves
the termination or reduction of inpatient capabilities at
a military medical treatment facility located outside the
United States, the Secretary has provided to each mem-
ber of the armed forces or covered beneficiary receiving
services at such facility a transition plan for the con-
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tinuity of health care for such member or covered bene-
ficiary.
‘‘(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military med-
ical treatment facility for which the modification in scope has
been proposed, the extent to which the commander of the
military installation at which the facility is located has been
consulted regarding such modification, to ensure that the pro-
posed modification in scope would have no impact on the
operational plan for such installation.’’.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINAN-
CIAL HARM CAUSED TO CIVILIANS FOR CARE PRO-
VIDED AT MILITARY MEDICAL TREATMENT FA-
CILITIES.
(a) CLARIFICATION OF FEE WAIVER PROCESS.—Section
1079b of title 10, United States Code, is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) WAIVER OF FEES.—The Director of the Defense
Health Agency may issue a waiver for a fee that would other-
wise be charged under the procedures implemented under
subsection (a) to a civilian provided medical care who is not
a covered beneficiary if the provision of such care enhances
the knowledge, skills, and abilities of health care providers,
as determined by the Director of the Defense Health Agen-
cy.’’; and
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(2) by redesignating subsection (c) as subsection
(d).
(b) MODIFIED PAYMENT PLAN FOR CERTAIN CIVIL-
IANS.—Such section is further amended—
(1) by inserting after subsection (b), as amended by
subsection (a), the following:
‘‘(c) MODIFIED PAYMENT PLAN FOR CERTAIN CIVIL-
IANS.—(1)(A) If a civilian specified in subsection (a) is cov-
ered by a covered payer at the time care under this section
is provided, the civilian shall only be responsible to pay the
standard copays, coinsurance, deductibles, or nominal fees
that are otherwise applicable under the covered payer plan.
‘‘(B) Except with respect to the copays, coinsurance,
deductibles, and nominal fees specified in subparagraph
(A)—
‘‘(i) the Secretary of Defense may bill only the cov-
ered payer for care provided to a civilian described in
subparagraph (A); and
‘‘(ii) payment received by the Secretary from the
covered payer of a civilian for care provided under this
section that is provided to the civilian shall be considered
payment in full for such care.
‘‘(2) If a civilian specified in subsection (a) does not
meet the criteria under paragraph (1), is underinsured, or
has a remaining balance and is at risk of financial harm, the
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Director of the Defense Health Agency shall reduce each fee
that would otherwise be charged to the civilian under this
section according to a sliding fee discount program, as pre-
scribed by the Director of the Defense Health Agency.
‘‘(3) If a civilian specified in subsection (a) does not
meet the criteria under paragraph (1) or (2), the Director of
the Defense Health Agency shall implement an additional
catastrophic waiver to prevent severe financial harm.
‘‘(4) The modified payment plan under this subsection
may not be administered by a Federal agency other than the
Department of Defense.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered payer’ means a third-party
payer or other insurance, medical service, or health plan.
‘‘(2) The terms ‘third-party payer’ and ‘insurance,
medical service, or health plan’ have the meaning given
those terms in section 1095(h) of this title.’’.
(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) shall apply with respect to care provided
on or after the date that is 180 days after the date of the
enactment of this Act.
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SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEM-
ONSTRATION PROJECTS RELATING TO DELIVERY
OF HEALTH AND MEDICAL CARE THROUGH USE
OF OTHER TRANSACTION AUTHORITY.
(a) IN GENERAL.—Section 1092(b) of title 10, United
States Code, is amended by inserting ‘‘or transactions (other
than contracts, cooperative agreements, and grants)’’ after
‘‘contracts’’.
(b) BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on how the Sec-
retary intends to use the authority to enter into transactions
under section 1092(b) of title 10, United States Code, as
amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-
CARE PROFESSIONALS PROVIDING SERVICES AS
PART OF MISSION RELATING TO EMERGENCY, HU-
MANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is
amended by inserting ‘‘ contractor not covered under section
1091 of this title who is providing medical treatment as part
of a mission relating to emergency, humanitarian, or refugee
assistance,’’ after ‘‘section 1091 of this title,’’.
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SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IM-
PROVE OPIOID MANAGEMENT IN THE MILITARY
HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. 1090 note), is amended—
(1) in subsection (a)(1), by striking ‘‘Beginning
not’’ and inserting ‘‘Except as provided in subsection
(e), beginning not’’;
(2) by redesignating subsection (e) as subsection
(f); and
(3) by inserting after subsection (d) the following
new subsection (e):
‘‘(e) ALTERNATIVE INITIATIVE TO IMPROVE OPIOID
MANAGEMENT.—As an alternative to the pilot program under
this section, the Director of the Defense Health Agency, not
later than January 1, 2023—
‘‘(1) may implement a permanent program to im-
prove opioid management for beneficiaries under the
TRICARE program; and
‘‘(2) if the Director decides to implement such a
permanent program, shall submit to the Committees on
Armed Services of the Senate and the House of Rep-
resentatives the specifications of and reasons for imple-
menting such program.’’.
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SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RE-
SEARCH AND DEVELOPMENT AND PUBLIC
HEALTH FUNCTIONS TO DEFENSE HEALTH AGEN-
CY.
(a) TEMPORARY RETENTION.—Notwithstanding section
1073c(e) of title 10, United States Code, at the discretion of
the Secretary of Defense, a military department may retain,
until not later than February 1, 2024, a covered function if
the Secretary of Defense determines the covered function—
(1) addresses a need that is unique to the military
department; and
(2) is in direct support of operating forces and nec-
essary to execute strategies relating to national security
and defense.
(b) BRIEFING.—
(1) IN GENERAL.—Not later than March 1, 2023,
the Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and
the Senate a briefing on any covered function that the
Secretary has determined should be retained by a mili-
tary department pursuant to subsection (a).
(2) ELEMENTS.—The briefing required by para-
graph (1) shall address the following:
(A) A description of each covered function that
the Secretary has determined should be retained by
a military department pursuant to subsection (a).
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(B) The rationale for each such determination.
(C) Recommendations for amendments to sec-
tion 1073c of title 10, United States Code, to au-
thorize the ongoing retention of covered functions
by military departments.
(c) MODIFICATION TO NAMES OF PUBLIC HEALTH COM-
MANDS.—Section 1073c(e)(2)(B) of title 10, United States
Code, is amended by striking ‘‘Army Public Health Com-
mand, the Navy–Marine Corps Public Health Command’’ and
inserting ‘‘Army Public Health Center, the Navy–Marine
Corps Public Health Center’’.
(d) COVERED FUNCTION DEFINED.—In this section, the
term ‘‘covered function’’ means—
(1) a function relating to research and development
that would otherwise be transferred to the Defense
Health Agency Research and Development pursuant to
section 1073c(e)(1) of title 10, United States Code; or
(2) a function relating to public health that would
otherwise be transferred to the Defense Health Agency
Public Health pursuant to section 1073c(e)(2) of such
title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS
BY REMARRIED FORMER SPOUSES.
(a) ACCESS.—The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a de-
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pendent child to retain electronic access to the privileged
medical records of such dependent child, notwithstanding that
the former spouse is no longer a dependent under section
1072(2) of title 10, United States Code.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘dependent’’ has the meaning given
that term in section 1072 of title 10, United States
Code.
(2) The term ‘‘dependent child’’ means a dependent
child of a remarried former spouse and a member or
former member of a uniformed service.
(3) The term ‘‘remarried former spouse’’ means a
remarried former spouse of a member or former member
of a uniformed service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PRO-
GRAM TO PROMOTE EARLY LITERACY AMONG
CERTAIN YOUNG CHILDREN.
(a) AUTHORITY.—The Secretary of Defense may carry
out a program to promote early literacy among young chil-
dren in child development centers and libraries located on in-
stallations of the Department of Defense.
(b) ACTIVITIES.—Activities under the program under
subsection (a) shall include the following:
(1) The provision of training on early literacy pro-
motion to appropriate personnel of the Department.
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(2) The purchase and distribution of age-appro-
priate books to covered caregivers assigned to or serving
at an installation of the Department with a child devel-
opment center or library at which the Secretary is car-
rying out the program.
(3) The dissemination to covered caregivers of edu-
cation materials on early literacy.
(4) Such other activities as the Secretary deter-
mines appropriate.
(c) LOCATIONS.—In carrying out the program under
subsection (a), the Secretary may conduct the activities under
subsection (b) at any child development center or library lo-
cated on an installation of the Department.
(d) BRIEFING.—Not later than one year after the date
of the enactment of this Act, the Secretary shall provide to
the Committees on Armed Services of the House of Rep-
resentatives and the Senate a briefing on the extent to which
the authority under subsection (a) is used, including—
(1) a description of any activities carried out under
the program so authorized; and
(2) an evaluation of the potential expansion of such
program to be included as a part of the pediatric pri-
mary care of young children and to be carried out in
military medical treatment facilities.
(b) DEFINITIONS.—In this section:
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(1) The term ‘‘covered caregiver’’ means a member
of the Armed Forces who is a caregiver of a young child.
(2) The term ‘‘young child’’ means any child from
birth to the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEM-
ONSTRATION.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Director of the Defense Health Agency,
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a plan for the con-
duct of the Accountable Care Organization demonstration,
notice of which was published in the Federal Register on Au-
gust 16, 2019 (84 Fed. Reg. 41974), (in this section referred
to as the ‘‘Demonstration’’).
(b) ELEMENTS.—The plan under subsection (a) shall in-
clude, the following:
(1) A description of how the Demonstration shall be
conducted to deliver improved health outcomes, improved
quality of care, and lower costs under the TRICARE
program.
(2) A description of the results for the TRICARE
program that the Secretary plans to achieve through the
Demonstration, with respect to the following outcome
measures:
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(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be
conducted to shift financial risk from the Department of
Defense to civilian health care providers.
(4) A description of how investment in the Dem-
onstration shall serve as a bridge to future competitive
demonstrations of the Department of Defense with ac-
countable care organizations.
(5) A detailed description of the geographic loca-
tions at which the Secretary plans to conduct such fu-
ture competitive demonstrations.
(6) A description of how a third-party administrator
shall manage the administrative components of the Dem-
onstration, including with respect to eligibility, enroll-
ment, premium payment processes, submission of quali-
fying life events changes, and mailing address changes.
(c) TRICARE PROGRAM DEFINED.—In this section, the
term ‘‘TRICARE program’’ has the meaning given that term
in section 1072 of title 10, United States Code.
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SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A
MILITARY HEALTH SYSTEM MEDICAL LOGISTICS
DIRECTORATE AND MILITARY HEALTH SYSTEM
EDUCATION AND TRAINING DIRECTORATE.
(a) STUDY AND PLAN.—The Secretary of Defense, in
consultation with the Secretaries of the military departments
and the Joint Chiefs of Staff, shall—
(1) conduct a study on the feasibility of the estab-
lishment within the Defense Health Agency of two sub-
ordinate organizations, to be known as the Military
Health System Medical Logistics Directorate and the
Military Health System Education and Training Direc-
torate, respectively; and
(2) develop a plan for such establishment.
(b) ELEMENTS.—The plan under subsection (a)(2) shall
include the following:
(1) MILITARY HEALTH SYSTEM MEDICAL LOGISTICS
DIRECTORATE.—With respect to the Military Health
System Medical Logistics Directorate, the following:
(A) A description of the organizational struc-
ture of the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations of the military
departments that provide operational theater med-
ical materiel support.
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(B) A description of the resourcing by the Sec-
retary of the executive leadership of the Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the Di-
rectorate.
(D) A description of how the head of the med-
ical research and development organization within
the Defense Health Agency shall coordinate with
the Directorate.
(E) A description of the ability of the Direc-
torate to address the medical logistics requirements
of the military departments, the combatant com-
mands, and the Joint Staff.
(F) A description of any additional funding re-
quired to establish the Directorate.
(G) A description of any additional legislative
authorities required to establish the Directorate, in-
cluding any such authorities required for the leader-
ship and direction of the Directorate.
(H) A description of any military department-
specific capabilities, requirements, or best practices
relating to medical logistics necessary to be consid-
ered prior to the establishment of the Directorate.
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(I) Such other matters relating to the estab-
lishment, operations, or activities of the Directorate
as the Secretary may determine appropriate.
(2) MILITARY HEALTH SYSTEM EDUCATION AND
TRAINING DIRECTORATE.—With respect to the Military
Health System Education and Training Directorate, the
following:
(A) A description of the organizational struc-
ture of the Directorate (including any subordinate
organizations), including the incorporation into the
Directorate of existing organizations that provide
relevant medical education and training, such as the
following:
(i) The Uniformed Services University of
the Health Sciences.
(ii) The College of Allied Health Sciences
of the Uniformed Services University of the
Health Sciences.
(iii) The Medical Education and Training
Campus of the Department of Defense.
(iv) The medical education and training
commands and organizations of the military
departments.
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(v) The medical training programs of the
military departments affiliated with civilian
academic institutions.
(B) A description of the resourcing by the Sec-
retary of the executive leadership of the Directorate.
(C) A description of the geographic location, or
multiple such locations, of the elements of the Di-
rectorate.
(D) A description of the ability of the Direc-
torate to address the medical education and train-
ing requirements of the military departments.
(E) A description of any additional funding re-
quired for the establishment the Directorate.
(F) A description of any additional legislative
authorities required for the establishment of the Di-
rectorate, including any such authorities required
for the leadership and direction of the Directorate.
(G) Such other matters relating to the estab-
lishment, operations, or activities of the Directorate
as the Secretary may determine appropriate.
(c) SUBMISSION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate—
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(1) the results of the study under subsection (a)(1);
and
(2) the plan under subsection (a)(2).
Subtitle C—Reports and Other
Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGN-
MENT OF MILITARY MEDICAL MANNING AND MED-
ICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat.
1796) is amended to read as follows:
‘‘(A) BRIEFING; REPORT.—The Comptroller
General of the United States shall—
‘‘(i) not later than February 1, 2023, pro-
vide to the Committees on Armed Services of
the House of Representatives and the Senate a
briefing on preliminary observations regarding
the analyses used to support any reduction or
realignment of military medical manning, in-
cluding any reduction or realignment of med-
ical billets of the military departments; and
‘‘(ii) not later than May 31, 2023, submit
to the Committees on Armed Services of the
House of Representatives and the Senate a re-
port on such analyses.’’.
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SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DE-
FENSE COMPREHENSIVE AUTISM CARE DEM-
ONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1800)
is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by inserting ‘‘broadly’’ after ‘‘dis-
order’’; and
(ii) by striking ‘‘demonstration project’’
and inserting ‘‘demonstration program’’;
(B) in subparagraph (B), by striking ‘‘dem-
onstration project’’ and inserting ‘‘demonstration
program’’;
(C) in subparagraph (C), by inserting ‘‘paren-
tal involvement in applied behavioral analysis treat-
ment, and’’ after ‘‘including’’;
(D) in subparagraph (D), by striking ‘‘for an
individual who has’’ and inserting ‘‘, including men-
tal health outcomes, for individuals who have’’;
(E) in subparagraph (E), by inserting ‘‘since
its inception’’ after ‘‘demonstration program’’;
(F) in subparagraph (F), by inserting ‘‘cost ef-
fectiveness, program effectiveness, and clinical’’
after ‘‘measure the’’;
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(G) in subparagraph (G), by inserting ‘‘than in
the general population’’ after ‘‘families’’;
(H) by redesignating subparagraph (H) as sub-
paragraph (I); and
(I) by inserting after subparagraph (G) the fol-
lowing new subparagraph (H):
‘‘(H) An analysis of whether the diagnosis and
treatment of autism is higher among the children of
military families than in the general population.’’;
and
(2) in subsection (c), in the matter preceding para-
graph (1), by striking ‘‘nine’’ and inserting ‘‘31’’.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS
AND COMPENSATION AUTHORITY FOR INDE-
PENDENT SUICIDE PREVENTION AND RESPONSE
REVIEW COMMITTEE.
Section 738 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1801)
is amended—
(1) in subsection (b)(3), by striking ‘‘none of whom
may be’’ and all that follows through the closing period
and inserting ‘‘none of whom may be—’’
‘‘(A) a member of an Armed Force; or
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‘‘(B) a civilian employee of the Department of
Defense, unless the individual is a former member
of an Armed Force.’’.
(2) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following
new subsection (f):
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary may compensate members of
the committee established under subsection (a) for the
work of such members for the committee.
‘‘(2) EXCEPTION.—A member of the committee es-
tablished under subsection (a) who is a civilian employee
of the Department of Defense and a former member of
an Armed Force may not receive compensation under
paragraph (1).
‘‘(3) TREATMENT OF COMPENSATION.—A member
of the committee established under subsection (a) who
receives compensation under paragraph (1) shall not be
considered a civilian employee of the Department of De-
fense for purposes of subsection (b)(3)(B).’’.
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SEC. 734. TERMINATION OF VETERANS’ ADVISORY BOARD ON
RADIATION DOSE RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public
Law 108–183; 38 U.S.C. 1154 note) is amended—
(1) in subsection (b), by striking ‘‘, including the
establishment of the advisory board required by sub-
section (c)’’; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DE-
FENSE.
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretaries concerned, shall establish a
comprehensive initiative for brain health to be known as the
‘‘Warfighter Brain Health Initiative’’ (in this section referred
to as the ‘‘Initiative’’) for the purpose of unifying efforts and
programs across the Department of Defense to improve the
cognitive performance and brain health of members of the
Armed Forces.
(b) OBJECTIVES.—The objectives of the Initiative shall
be the following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through
education, training, prevention, protection, monitoring,
detection, diagnosis, treatment, and rehabilitation, in-
cluding through the following activities:
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(A) The establishment of a program to monitor
cognitive brain health across the Department of De-
fense, with the goal of detecting any need for cog-
nitive enhancement or restoration resulting from
potential brain exposures of members of Armed
Forces, to mitigate possible evolution of injury or
disease progression.
(B) The identification and dissemination of
thresholds for blast pressure safety and associated
emerging scientific evidence.
(C) The modification of high-risk training and
operational activities to mitigate the negative effects
of repetitive blast exposure.
(D) The identification of individuals who per-
form high-risk training or occupational activities,
for purposes of increased monitoring of the brain
health of such individuals.
(E) The development and operational fielding
of non-invasive, portable, point-of-care medical de-
vices, to inform the diagnosis and treatment of
traumatic brain injury.
(F) The establishment of a standardized moni-
toring program that documents and analyzes blast
exposures that may affect the brain health of mem-
bers of the Armed Forces.
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(G) The consideration of the findings and rec-
ommendations of the report of the National Acad-
emies of Science, Engineering, and Medicine titled
‘‘Traumatic Brain Injury: A Roadmap for Accel-
erating Progress’’ and published in 2022 (relating
to the acceleration of progress in traumatic brain
injury research and care), or any successor report,
in relation to the activities of the Department relat-
ing to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the
Department of Defense into a single approach to brain
health.
(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—In
the budget justification materials submitted to Congress in
support of the Department of Defense budget for each of fis-
cal years 2025 through 2029 (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code), the Secretary of Defense shall include a budget
justification display that includes all activities of the Depart-
ment relating to the Initiative.
(d) PILOT PROGRAM RELATING TO MONITORING OF
BLAST COVERAGE.—
(1) AUTHORITY.—The Director of the Defense
Health Agency may conduct, as part of the Initiative, a
pilot program under which the Director shall monitor
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blast overpressure exposure through the use of commer-
cially available, off-the-shelf, wearable sensors, and docu-
ment and evaluate data collected as a result of such
monitoring.
(2) LOCATIONS.—Monitoring activities under a pilot
program conducted pursuant to paragraph (1) shall be
carried out in each training environment that the Direc-
tor determines poses a risk for blast overpressure expo-
sure.
(3) DOCUMENTATION AND SHARING OF DATA.—If
the Director conducts a pilot program pursuant to para-
graph (1), the Director shall—
(A) ensure that any data collected pursuant to
such pilot program that is related to the health ef-
fects of the blast overpressure exposure of a mem-
ber of the Armed Forces who participated in the
pilot program is documented and maintained by the
Secretary of Defense in an electronic health record
for the member; and
(B) to the extent practicable, and in accord-
ance with applicable provisions of law relating to
data privacy, make data collected pursuant to such
pilot program available to other academic and med-
ical researchers for the purpose of informing future
research and treatment options.
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(e) STRATEGY AND IMPLEMENTATION PLAN.—Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Sen-
ate a report setting forth a strategy and implementation plan
of the Department of Defense to achieve the objectives of the
Initiative under subsection (b).
(f) ANNUAL BRIEFINGS.—Not later than January 31,
2024, and annually thereafter until January 31, 2027, the
Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Sen-
ate a report on the Initiative that includes the following:
(1) A description of the activities taken under the
Initiative and resources expended under the Initiative
during the prior fiscal year.
(2) A summary of the progress made during the
prior fiscal year with respect to the objectives of the Ini-
tiative under subsection (b).
(g) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘‘Secretary concerned’’ has the meaning given that
term in section 101 of title 10, United States Code.
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SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BE-
TWEEN UNITED STATES AND UKRAINE FOR MILI-
TARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of De-
fense shall seek to enter into a partnership with the appro-
priate counterpart from the Government of Ukraine for the
establishment of a joint program on military trauma care and
research. Such program shall consist of the following:
(1) The sharing of relevant lessons learned from the
Russo-Ukraine War.
(2) The conduct of relevant joint conferences and
exchanges with military medical professionals from
Ukraine and the United States.
(3) Collaboration with the armed forces of Ukraine
on matters relating to health policy, health administra-
tion, and medical supplies and equipment, including
through knowledge exchanges.
(4) The conduct of joint research and development
on the health effects of new and emerging weapons.
(5) The entrance into agreements with military
medical schools of Ukraine for reciprocal education pro-
grams under which students at the Uniformed Services
University of the Health Sciences receive specialized
military medical instruction at the such military medical
schools of Ukraine and military medical personnel of
Ukraine receive specialized military medical instruction
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at the Uniformed Services University of the Health
Sciences, pursuant to section 2114(f) of title 10, United
States Code.
(6) The provision of support to Ukraine for the pur-
pose of facilitating the establishment in Ukraine of a
program substantially similar to the Wounded Warrior
Program in the United States.
(7) The provision of training to the armed forces of
Ukraine in the following areas:
(A) Health matters relating to chemical, bio-
logical, radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies
and equipment needed.
(9) Such other elements as the Secretary of Defense
may determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH
CARE AVAILABLE UNDER MILITARY HEALTH SYS-
TEM.
(a) STUDY RELATING TO UNIFORMED SERVICES UNI-
VERSITY OF THE HEALTH SCIENCE.—
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(1) STUDY.—The Secretary of Defense shall con-
duct a study on the feasibility and advisability of the fol-
lowing:
(A) Establishing graduate degree-granting pro-
grams in counseling and social work at the Uni-
formed Services University of the Health Sciences.
(B) Expanding the clinical psychology graduate
program of the Uniformed Services University of
the Health Sciences.
(2) MATTERS.—The study under paragraph (1)
shall include a description of—
(A) the process by which, as a condition of en-
rolling in a degree-granting program specified in
such paragraph, a civilian student would be re-
quired to commit to post-award employment obliga-
tions; and
(B) the processes and consequences that would
apply if such obligations are not met.
(3) REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary shall
submit to the Committees on Armed Services of the
House of Representatives and the Senate a report con-
taining the findings of the study under paragraph (1).
(b) PILOT PROGRAM ON SCHOLARSHIP-FOR-SERVICE
FOR CIVILIAN BEHAVIORAL HEALTH PROVIDERS.—
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(1) PILOT PROGRAM.—Not later than two years
after the date of the enactment of this Act, the Sec-
retary of Defense shall commence the conduct of a pilot
program under which—
(A) the Secretary may provide—
(i) scholarships to cover tuition and re-
lated fees at an institution of higher education
to an individual enrolled in a program of study
leading to a graduate degree in clinical psy-
chology, social work, counseling, or a related
field (as determined by the Secretary); and
(ii) student loan repayment assistance to
a credentialed behavioral health provider who
has a graduate degree in clinical psychology,
social work, counseling, or a related field (as
determined by the Secretary); and
(B) in exchange for such assistance, the recipi-
ent shall commit to work as a covered civilian be-
havioral health provider in accordance with para-
graph (2).
(2) POST-AWARD EMPLOYMENT OBLIGATIONS.—
(A) IN GENERAL.—Subject to subparagraph
(B), as a condition of receiving assistance under
paragraph (1), the recipient of such assistance shall
enter into an agreement with the Secretary of De-
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fense pursuant to which the recipient agrees to
work on a full-time basis as a covered civilian be-
havioral health provider for a period of a duration
that is at least equivalent to the period during
which the recipient received assistance under such
paragraph.
(B) OTHER TERMS AND CONDITIONS.—An
agreement entered into pursuant to subparagraph
(A) may include such other terms and conditions as
the Secretary of Defense may determine necessary
to protect the interests of the United States or oth-
erwise appropriate for purposes of this section, in-
cluding terms and conditions providing for limited
exceptions from the post-award employment obliga-
tion specified in such subparagraph.
(3) REPAYMENT.—
(A) IN GENERAL.—An individual who receives
assistance under paragraph (1) and does not com-
plete the employment obligation required under the
agreement entered into pursuant to paragraph (2)
shall repay to the Secretary of Defense a prorated
portion of the financial assistance received by the
individual under paragraph (1).
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(B) DETERMINATION OF AMOUNT.—The
amount of any repayment required under subpara-
graph (A) shall be determined by the Secretary.
(4) DURATION.—The authority to carry out the
pilot program under paragraph (1) shall terminate on
the date that is 10 years after the date on which such
pilot program commences.
(5) IMPLEMENTATION PLAN.—Not later than one
year after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a plan for the implementation of this section.
(6) REPORTS.—
(A) IN GENERAL.—Not later than each of one
year and five years after the commencement of the
pilot program under paragraph (1), the Secretary of
Defense shall submit to the Committees on Armed
Services of the House of Representative and the
Senate a report on the pilot program.
(B) ELEMENTS.—Each report under subpara-
graph (A) shall include, with respect to the pilot
program under subsection (1), the following:
(i) The number of students receiving
scholarships under the pilot program.
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(ii) The institutions of higher education at
which such students are enrolled.
(iii) The total amount of financial assist-
ance expended under the pilot program per
academic year.
(iv) The average scholarship amount per
student under the pilot program.
(v) The number of students hired as cov-
ered behavioral health providers pursuant to
the pilot program.
(vi) Any recommendations for terminating
the pilot program, extending the pilot program,
or making the pilot program permanent.
(c) REPORT ON BEHAVIORAL HEALTH WORKFORCE.—
(1) REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of De-
fense shall conduct an analysis of the behavioral health
workforce under the direct care component of the mili-
tary health system and submit to the Committees on
Armed Services of the House of Representatives and the
Senate a report containing the results of such analysis.
Such report shall include, with respect to such work-
force, the following:
(A) The number of positions authorized for
military behavioral health providers within such
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workforce, and the number of such positions filled,
disaggregated by the professions described in para-
graph (2).
(B) The number of positions authorized for ci-
vilian behavioral health providers within such work-
force, and the number of such positions filled,
disaggregated by the professions described in para-
graph (2).
(C) For each military department, the ratio of
military behavioral health providers assigned to
military medical treatment facilities compared to ci-
vilian behavioral health providers so assigned,
disaggregated by the professions described in para-
graph (2).
(D) For each military department, the number
of military behavioral health providers authorized to
be embedded within an operational unit, and the
number of such positions filled, disaggregated by
the professions described in paragraph (2).
(E) Data on the historical demand for behav-
ioral health services by members of the Armed
Forces.
(F) An estimate of the number of health care
providers necessary to meet the demand by such
members for behavioral health care services under
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the direct care component of the military health
system, disaggregated by provider type.
(G) An identification of any shortfall between
the estimated number under subparagraph (F) and
the total number of positions for behavioral health
providers filled within such workforce.
(H) Such other information as the Secretary
may determine appropriate.
(2) PROVIDER TYPES.—The professions described
in this paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary
may determine appropriate.
(3) BEHAVIORAL HEALTH WORKFORCE AT REMOTE
LOCATIONS.—In conducting the analysis of the behav-
ioral health workforce under paragraph (1), the Sec-
retary of Defense shall ensure such behavioral health
workforce at remote locations (including Guam and Ha-
waii) and any shortfalls thereof, is taken into account.
(d) PLAN TO ADDRESS SHORTFALLS IN BEHAVIORAL
HEALTH WORKFORCE.—Not later than one year after the
date on which the report under subsection (c) is submitted,
the Secretary of Defense shall submit to the Committees on
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640
Armed Services of the House of Representatives and the Sen-
ate a plan to address any shortfall of the behavioral health
workforce identified under paragraph (1)(G) of such sub-
section. Such plan shall address the following:
(1) With respect to any such shortfall of military
behavioral health providers (addressed separately with
respect to such providers assigned to military medical
treatment facilities and such providers assigned to be
embedded within operational units), the recruitment, ac-
cession, retention, special pay and other aspects of com-
pensation, workload, role of the Uniformed Services Uni-
versity of the Health Sciences and the Armed Forces
Health Professions Scholarship Program under chapter
105 of title 10, United States Code, any additional au-
thorities or resources necessary for the Secretary to in-
crease the number of such providers, and such other
considerations as the Secretary may consider appro-
priate.
(2) With respect to addressing any such shortfall of
civilian behavioral health providers, the recruitment, hir-
ing, retention, pay and benefits, workload, educational
scholarship programs, any additional authorities or re-
sources necessary for the Secretary to increase the num-
ber of such providers, and such other considerations as
the Secretary may consider appropriate.
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(3) A recommendation as to whether the number of
military behavioral health providers in each military de-
partment should be increased, and if so, by how many.
(4) A plan to ensure that remote installations are
prioritized for the assignment of military behavioral
health providers.
(5) Updated access standards for behavioral health
care under the military health system, taking into ac-
count—
(A) the duration of time between a patient re-
ceiving a referral for such care and the patient re-
ceiving individualized treatment (following an initial
intake assessment) from a behavioral health pro-
vider; and
(B) the frequency of regular follow-up appoint-
ments subsequent to the first appointment at which
a patient receives such individualized treatment.
(6) A plan to expand access to behavioral health
care under the military health system using telehealth.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychi-
atry, clinical psychology, social work, counseling, and re-
lated fields.
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(2) The term ‘‘civilian behavioral health provider’’
means a behavioral health provider who is a civilian em-
ployee of the Department of Defense.
(3) The term ‘‘counselor’’ means an individual who
holds—
(A) a master’s or doctoral degree from an ac-
credited graduate program in—
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
(B) a current license or certification from a
State that grants the individual the authority to
provide counseling services as an independent prac-
titioner in the respective field of the individual.
(4) The term ‘‘covered civilian behavioral health
provider’’ means a civilian behavioral health provider
whose employment by the Secretary of Defense involves
the provision of behavioral health services at a military
medical treatment facility.
(5) The term ‘‘institution of higher education’’ has
the meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001).
(6) The term ‘‘military behavioral health provider’’
means a behavioral health provider who is a member of
the Armed Forces.
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(7) The term ‘‘military installation’’ has the mean-
ing given that term in section 2801 of title 10, United
States Code.
(8) The term ‘‘military medical treatment facility’’
means a facility specified in section 1073d of such title.
(9) The term ‘‘remote installation’’ means a mili-
tary installation that the Secretary determines to be in
a remote location.
(10) The term ‘‘State’’ means each of the several
States, the District of Columbia, and each common-
wealth, territory or possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL
HEALTH SERVICES TO MEMBERS OF THE ARMED
FORCES AND MILITARY FAMILIES.
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the President of the Uniformed Services Uni-
versity of the Health Sciences, shall develop a curriculum and
certification program to provide civilian mental health profes-
sionals and students in mental health-related disciplines with
the specialized knowledge and skills necessary to address the
unique mental health needs of members of the Armed Forces
and military families.
(b) IMPLEMENTATION.—Not later than 90 days after
completing the development of the curriculum and certifi-
cation program under subsection (a), the Secretary of De-
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fense shall implement such curriculum and certification pro-
gram in the Uniformed Services University of the Health
Sciences.
(c) AUTHORITY TO DISSEMINATE BEST PRACTICES.—
The Secretary of Defense may disseminate best practices
based on the curriculum and certification program developed
and implemented under this section to other institutions of
higher education, as such term is defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002).
(d) TERMINATION.—The authority to carry out the cur-
riculum and certification program under this section shall
terminate on the date that is five years after the date of the
enactment of this Act.
(e) BRIEFING.—Not later than 180 days after the termi-
nation date specified in subsection (d), the Secretary of De-
fense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on
the results of the curriculum and certification program devel-
oped and implemented under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERV-
ICE IN ARMED FORCES BY INDIVIDUALS DIAG-
NOSED WITH HBV.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries concerned, shall—
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645
(1) review regulations, establish policies, and issue
guidance relating to service in the Armed Forces by indi-
viduals diagnosed with HBV, consistent with the health
care standards and clinical guidelines of the Department
of Defense; and
(2) identify areas where the regulations, policies,
and guidance of the Department relating to individuals
diagnosed with HBV (including with respect to enlist-
ments, assignments, deployments, and retention stand-
ards) may be standardized across the Armed Forces.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘HBV’’ means the Hepatitis B Virus.
(2) The term ‘‘Secretary concerned’’ has the mean-
ing given that term in section 101 of title 10, United
States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR
USE BY DEPARTMENT OF DEFENSE; CONGRES-
SIONAL NOTIFICATION.
(a) STANDARDIZATION OF DEFINITION.—Not later than
one year after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Secretaries con-
cerned, shall develop, for use across the Armed Forces, a
standardized definition for the term ‘‘suicide cluster’’.
(b) NOTIFICATION REQUIRED.—Beginning not later
than one year after the date of the enactment of this Act,
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whenever the Secretary determines the occurrence of a sui-
cide cluster (as that term is defined pursuant to subsection
(a)) among members of the Armed Forces, the Secretary
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a notification of
such determination.
(c) BRIEFING.—Not later than April 1, 2023, the Sec-
retary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on the following:
(1) The methodology being used in the development
of the definition under subsection (a).
(2) The progress made towards the development of
the process for submitting required notifications under
subsection (b).
(3) An estimated timeline for the implementation of
this section.
(d) COORDINATION REQUIRED.—In developing the defi-
nition under subsection (a) and the process for submitting re-
quired notifications under subsection (b), the Secretary of
Defense shall coordinate with the Secretaries concerned.
(e) SECRETARY CONCERNED DEFINED.—In this section,
the term ‘‘Secretary concerned’’ has the meaning given that
term in section 101 of title 10, United States Codes.
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SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL
MANNING END STRENGTH: CERTIFICATION RE-
QUIREMENT AND OTHER REFORMS.
(a) LIMITATION.—
(1) IN GENERAL.—Except as provided in paragraph
(2), and in addition to the limitation under section 719
of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1454), as
most recently amended by section 731 of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1795), during the five-year pe-
riod beginning on the date of the enactment of this Act,
neither the Secretary of Defense nor a Secretary con-
cerned may reduce military medical end strength author-
izations, and following such period, neither may reduce
such authorizations unless the Secretary of Defense
issues a waiver pursuant to paragraph (6).
(2) EXCEPTION.—The limitation under paragraph
(1) shall not apply with respect to the following:
(A) Administrative billets of a military depart-
ment that have remained unfilled since at least Oc-
tober 1, 2018.
(B) Billets identified as non-clinical in the
budget of the President for fiscal year 2020 sub-
mitted to Congress pursuant to section 1105(a) of
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648
title 31, United States Code, except that the num-
ber of such billets may not exceed 1,700.
(C) Medical headquarters billets of the military
departments not assigned to, or providing direct
support to, operational commands.
(3) REPORT ON COMPOSITION OF MILITARY MED-
ICAL WORKFORCE REQUIREMENTS.—The Secretary of
Defense, in coordination with the Secretaries of the mili-
tary departments, shall conduct an assessment of cur-
rent military medical manning requirements (taking into
consideration factors including future operational plan-
ning, training, and beneficiary healthcare) and submit to
the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report containing the find-
ings of such assessment. Such assessment shall be in-
formed by the following:
(A) The National Defense Strategy submitted
under section 113(g) of title 10, United States
Code.
(B) The National Military Strategy prepared
under section 153(b) of such title.
(C) The campaign plans of the combatant com-
mands.
(D) Theater strategies.
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(E) The joint medical estimate under section
732 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (Public Law
115–232; 132 Stat. 1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated pursuant
to paragraph (1) of section 724(a) of the National
Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 1793; 10 U.S.C.
1096 note).
(G) The plan of the Department of Defense on
global patient movement, as updated pursuant to
paragraph (2) of such section 724(a).
(H) The biosurveillance program of the De-
partment of Defense established pursuant to De-
partment of Defense Directive 6420.02 (relating to
biosurveillance).
(I) Requirements for graduate medical edu-
cation.
(J) The report of the COVID–19 Military
Health System Review Panel under section 731 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 3698).
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(K) The report of the Inspector General of the
Department of Defense titled ‘‘Evaluation of De-
partment of Defense Military Medical Treatment
Facility Challenges During the Coronavirus Dis-
ease-2019 (COVID-19) Pandemic in Fiscal Year
2021 (DODIG-2022-081)’’ and published on April
5, 2022.
(L) Reports of the Comptroller General of the
United States relating to military health system re-
forms undertaken on or after January, 1, 2017, in-
cluding any such reports relating to military med-
ical manning and force composition mix.
(M) Such other reports as may be determined
appropriate by the Secretary of Defense.
(4) CERTIFICATION.—The Secretary of Defense
shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a certification
containing the following:
(A) A certification of the completion of a com-
prehensive review of military medical manning, in-
cluding with respect to the medical corps (or other
health- or medical-related component of a military
department), designator, profession, occupation,
and rating of medical personnel.
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(B) A justification for any proposed increase,
realignment, reduction, or other change to the spe-
cialty or occupational composition of military med-
ical end strength authorizations, which may include
compliance with a requirement or recommendation
set forth in a strategy, plan, or other matter speci-
fied in paragraph (3).
(C) A certification that, in the case that any
change to such specialty or occupational composi-
tion is required, a vacancy resulting from such
change may not be filled with a position other than
a health- or medical-related position until such time
as there are no military medical billets remaining to
fill the vacancy.
(D) A risk analysis associated with the poten-
tial realignment or reduction of any military med-
ical end strength authorizations.
(E) An identification of any plans of the De-
partment to backfill military medical personnel posi-
tions with civilian personnel.
(F) A plan to address persistent vacancies for
civilian personnel in health- or medical-related posi-
tions, and a risk analysis associated with the hiring,
onboarding, and retention of such civilian personnel,
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taking into account provider shortfalls across the
United States.
(G) A comprehensive plan to mitigate any risk
identified pursuant to subparagraph (D) or (F), in-
cluding with respect to funding necessary for such
mitigation across fiscal years.
(5) PROCESS REQUIRED.—The Secretaries of the
military departments, in coordination with the Secretary
of Defense and the Chairman of the Joint Chiefs of
Staff, shall develop and submit to the Committees on
Armed Services of the House of Representatives and the
Senate a process for the authorization of proposed modi-
fications to the composition of the medical manning
force mix across the military departments while main-
taining compliance with the limitation under paragraph
(1). Such process shall—
(A) take into consideration the funding re-
quired for any such proposed modification; and
(B) include distinct processes for proposed in-
creases and proposed decreases, respectively, to the
medical manning force mix of each military depart-
ment.
(6) WAIVER.—
(A) IN GENERAL.—Following the conclusion of
the five-year period specified in paragraph (1), the
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653
Secretary of Defense may waive the prohibition
under such subsection if—
(i) the report requirement under para-
graph (3), the certification requirement under
paragraph (4), and the process requirement
under paragraph (5) have been completed;
(ii) the Secretary determines that the
waiver is necessary and in the interests of the
national security of the United States; and
(iii) the waiver is issued in writing.
(B) NOTIFICATION TO CONGRESS.—Not later
than five days after issuing a waiver under subpara-
graph (A), the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a notification of the
waiver (including the text of the waiver and a jus-
tification for the waiver) and provide to such com-
mittees a briefing on the components of the waiver.
(b) TEMPORARY SUSPENSION OF IMPLEMENTATION OF
PLAN FOR RESTRUCTURE OR REALIGNMENT OF MILITARY
MEDICAL TREATMENT FACILITIES.—The Secretary of De-
fense may not implement the plan under section 703(d)(1) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328; 130 Stat. 2199) until the later of the
following:
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(1) The date that is one year after the date of the
enactment of this Act.
(2) The date on which the Secretary of Defense
completes the following:
(A) A risk analysis for each military medical
treatment facility to be realigned, restructured, or
otherwise affected under the implementation plan
under such section 703(d)(1), including an assess-
ment of the capacity of the TRICARE network of
providers in the area of such military medical treat-
ment facility to provide care to the TRICARE
Prime beneficiaries that would otherwise be as-
signed to such military medical treatment facility.
(B) An identification of the process by which
the assessment conducted under subsection (a)(3)
and the certification required under subsection
(a)(4) shall be linked to any restructuring or re-
alignment of military medical treatment facilities.
(c) BRIEFINGS; FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than April 1,
2023, the Secretary of Defense shall provide to the Com-
mittees on Armed Services of the House of Representa-
tives and the Senate a briefing on—
(A) the method by which the Secretary plans
to meet the report requirement under subsection
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655
(a)(3), the certification requirement under sub-
section (a)(4), and the process requirement under
subsection (a)(5); and
(B) the matters specified in subparagraphs (A)
and (B) of subsection (b)(2).
(2) BRIEFING ON PROGRESS.—Not later than two
years after the date of the enactment of this Act, the
Secretary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the
Senate a briefing on the progress made towards comple-
tion of the requirements specified in paragraph (1)(A).
(3) FINAL BRIEFING.—Not later than three years
after the date of the enactment of this Act, the Sec-
retary of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the
Senate a final briefing on the completion of such re-
quirements.
(4) FINAL REPORT.—Not later than three years
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a final report on the completion of such require-
ments. Such final report shall be in addition to the re-
port, certification, and process submitted under para-
graphs (3), (4), and (5) of subsection (a), respectively.
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656
(d) DEFINITIONS.—In this section:
(1) The term ‘‘medical personnel’’ has the meaning
given such term in section 115a(e) of title 10, United
States Code.
(2) The term ‘‘Secretary concerned’’ has the mean-
ing given that term in section 101(a) of such title.
(3) The term ‘‘theater strategy’’ means an over-
arching construct outlining the vision of a combatant
commander for the integration and synchronization of
military activities and operations with other national
power instruments to achieve the strategic objectives of
the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPART-
MENT OF DEFENSE INTERNSHIP PROGRAMS RE-
LATING TO CIVILIAN BEHAVIORAL HEALTH PRO-
VIDERS.
(a) FEASIBILITY STUDY.—The Secretary of Defense
shall conduct a study on the feasibility of establishing paid
pre-doctoral and post-doctoral internship programs for the
purpose of training clinical psychologists to work as covered
civilian behavioral health providers.
(b) ELEMENTS.—The feasibility study under subsection
(a) shall assess, with respect to the potential internship pro-
grams specified in such subsection, the following:
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(1) A model under which, as a condition of partici-
pating in such an internship program, the participant
would enter into an agreement with the Secretary under
which the participant agrees to work on a full-time basis
as a covered civilian behavioral health provider for a pe-
riod of a duration that is at least equivalent to the pe-
riod of participation in such internship program.
(2) Methods by which the Secretary may address
scenarios in which an individual who participates in such
an internship program does not complete the employ-
ment obligation required under the agreement referred
to in paragraph (1), including by requiring the individual
to repay to the Secretary a prorated portion of the cost
of administering such program (to be determined by the
Secretary) with respect to such individual and of any
payment received by the individual under such program.
(3) The methods by which the Secretary may adjust
the workload and staffing of behavioral health providers
in military medical treatment facilities to ensure suffi-
cient capacity to supervise participants in such intern-
ship programs.
(c) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representa-
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658
tives and the Senate a report containing the findings of the
feasibility study under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychi-
atry, clinical psychology, social work, counseling, and re-
lated fields.
(2) The term ‘‘behavioral health provider’’ includes
the following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of
mental health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ‘‘covered civilian behavioral health
provider’’ means a civilian behavioral health provider
whose employment by the Secretary of Defense involves
the provision of behavioral health services at a military
medical treatment facility.
(4) The term ‘‘civilian behavioral health provider’’
means a behavioral health provider who is a civilian em-
ployee of the Department of Defense.
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(5) The term ‘‘military medical treatment facility’’
means a facility specified in section 1073d of title 10,
United States Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTAB-
LISHMENT OF NEW COMMAND ON DEFENSE
HEALTH.
(a) UPDATES.—The Secretary of Defense shall update
prior studies regarding the feasibility of establishing a new
defense health command under which the Defense Health
Agency would be a joint component. In conducting such up-
dates, the Secretary shall consider for such new command
each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary de-
termines is appropriate for consideration.
(b) MATTERS.—The updates under subsection (a) shall
include, with respect to the new command specified in such
subsection, the following:
(1) An assessment of the potential organizational
structure of the new command sufficient for the new
command to carry out the responsibilities described in
subsection (c), including a description of the following:
(A) The potential reporting relationship be-
tween the commander of the new command, the As-
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660
sistant Secretary of Defense for Health Affairs, and
the Under Secretary of Defense for Personnel and
Readiness.
(B) The potential relationship of the new com-
mand to the military departments, the combatant
commands, and the Joint Staff.
(C) The potential responsibilities of the com-
mander of the new command and how such respon-
sibilities would differ from the responsibilities of the
Director of the Defense Health Agency.
(D) The potential chain of command between
such commander and the Secretary of Defense.
(E) The potential roles of the Surgeons Gen-
eral of the Army, Navy, and Air Force, with respect
to such commander.
(F) Any organizations that support the De-
fense Health Agency, such as the medical depart-
ments and medical logistics organizations of each
military department.
(G) The potential organizational structure of
the new command, including any subordinate com-
mands.
(H) The geographic location, or multiple such
locations, of the headquarters of the new command
and any subordinate commands.
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(I) How the Defense Health Agency currently
serves as a provider of optimally trained and clini-
cally proficient health care professionals to support
combatant commands.
(J) How the new command may further serve
as a provider of optimally trained and clinically pro-
ficient health care professionals to support combat-
ant commands.
(2) An assessment of any additional funding nec-
essary to establish the new command.
(3) An assessment of any additional legislative au-
thorities necessary to establish the new command, in-
cluding with respect to the executive leadership and di-
rection of the new command.
(4) An assessment of the required resourcing of the
executive leadership of the new command.
(5) If the Secretary makes the determination to es-
tablish the new command, a timeline for such establish-
ment.
(6) If the Secretary defers such determination
pending further implementation of other organizational
reforms to the military health system, a timeline for
such future determination.
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(7) Such other matters relating to the establish-
ment, operations, or activities of the new command as
the Secretary may determine appropriate.
(c) RESPONSIBILITIES DESCRIBED.—The responsibilities
described in this subsection are as follows:
(1) The conduct of health operations among oper-
ational units of the Armed Forces.
(2) The administration of military medical treat-
ment facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces
with the primary responsibility for the following:
(A) Medical treatment, advanced trauma man-
agement, emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive
care, medical specialty care, and related services.
(C) Preventive, acute, restorative, curative, re-
habilitative, and convalescent care.
(5) Collaboration with medical facilities partici-
pating in the National Disaster Medical System estab-
lished pursuant to section 2812 of the Public Health
Service Act (42 U.S.C. 300hh–11), the Veterans Health
Administration, and such other Federal departments and
agencies and nongovermental organizations as may be
determined appropriate by the Secretary, including with
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respect to the care services specified in paragraph
(4)(C).
(6) The conduct of existing research and education
activities of the Department of Defense in the field of
health sciences.
(7) The conduct of public health and global health
activities not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Pro-
gram Account under section 1100 of title 10, United
States Code.
(d) INTERIM BRIEFING.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of De-
fense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on
the method by which the Secretary intends to update prior
studies as required pursuant to subsection (a).
(e) FINAL BRIEFING; REPORT.—Not later than one year
after the date of the enactment of this Act, the Secretary of
Defense shall—
(1) provide to the Committees on Armed Services of
the House of Representatives and the Senate a final
briefing on the implementation of this section; and
(2) submit to the Committees on Armed Services of
the House of Representatives and the Senate a report
containing the updates to prior studies required pursu-
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ant to subsection (a), including each of the elements
specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH
RESPECT TO EFFECTS OF EXPOSURE TO OPEN
BURN PITS AND OTHER ENVIRONMENTAL HAZ-
ARDS.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall—
(1) conduct a capability assessment of potential im-
provements to activities of the Department of Defense to
reduce the effects of environmental exposures with re-
spect to members of the Armed Forces; and
(2) develop an action plan to implement such im-
provements assessed under paragraph (1) as the Sec-
retary considers appropriate.
(b) ELEMENTS.—The capability assessment required by
subsection (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health
assessments, the following:
(A) An assessment of the feasibility and advis-
ability of adding additional screening questions re-
lating to environmental and occupational exposures
to current health assessments of members of the
Armed Forces conducted by the Secretary of De-
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665
fense, including pre- and post-deployment assess-
ments and pre-separation assessments.
(B) An assessment of the potential value and
feasibility of regularly requiring spirometry or other
pulmonary function testing pre- and post-deploy-
ment for all members, or selected members, of the
Armed Forces.
(2) With respect to the conduct of outreach and
education, the following:
(A) An evaluation of clinician training on the
health effects of airborne hazards and how to docu-
ment exposure information in health records main-
tained by the Department of Defense and the De-
partment of Veterans Affairs.
(B) An assessment of the adequacy of current
actions by the Secretary of Defense and the Sec-
retary of Veterans Affairs to increase awareness
among members of the Armed Forces and veterans
of the purposes and uses of the Airborne Hazards
and Open Burn Pit Registry and the effect of a po-
tential requirement that individuals meeting appli-
cable criteria be automatically enrolled in the reg-
istry unless such individuals opt out of enrollment.
(C) An assessment of operational plans for de-
ployment with respect to the adequacy of edu-
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cational activities for, and evaluations of, perform-
ance of command authorities, medical personnel,
and members of the Armed Forces on deployment
on anticipated environmental exposures and poten-
tial means to minimize and mitigate any adverse
health effects of such exposures, including through
the use of monitoring, personal protective equip-
ment, and medical responses.
(D) An evaluation of potential means to im-
prove the education of health care providers of the
Department of Defense with respect to the diag-
nosis and treatment of health conditions associated
with environmental exposures.
(3) With respect to the monitoring of exposure dur-
ing deployment operations, the following:
(A) An evaluation of potential means to
strengthen tactics, techniques, and procedures used
in deployment operations to document—
(i) specific locations where members of the
Armed Forces served;
(ii) environmental exposures in such loca-
tions; and
(iii) any munitions involved during such
service in such locations.
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(B) An assessment of potential improvements
in the acquisition and use of wearable monitoring
technology and remote sensing capabilities to record
environmental exposures by geographic location.
(C) An analysis of the potential value and fea-
sibility of maintaining a repository of frozen soil
samples from each deployment location to be later
tested as needed when concerns relating to environ-
mental exposures are identified.
(4) With respect to the use of the Individual Longi-
tudinal Exposure Record, the following:
(A) An assessment of feasibility and advis-
ability of recording individual clinical diagnosis and
treatment information in the Individual Longitu-
dinal Exposure Record to be integrated with expo-
sure data.
(B) An evaluation of—
(i) the progress toward making the Indi-
vidual Longitudinal Exposure Record oper-
ationally capable and accessible to members of
the Armed Forces and veterans by 2023; and
(ii) the integration of data from the Indi-
vidual Longitudinal Exposure Record with the
electronic health records of the Department of
•HRES 1512 EH
668
Defense and the Department of Veterans Af-
fairs.
(C) An assessment of the feasibility and advis-
ability of making such data accessible to the sur-
viving family members of members of the Armed
Forces and veterans.
(5) With respect to the conduct of research, the fol-
lowing:
(A) An assessment of the potential use of the
Airborne Hazards and Open Burn Pit Registry for
research on monitoring and identifying the health
consequences of exposure to open burn pits.
(B) An analysis of options for increasing the
amount and the relevance of additional research
into the health effects of open burn pits and effec-
tive treatments for such health effects.
(C) An evaluation of potential research of bio-
marker monitoring to document environmental ex-
posures during deployment or throughout the mili-
tary career of a member of the Armed Forces.
(D) An analysis of potential organizational
strengthening with respect to the management of
research on environmental exposure hazards, includ-
ing the establishment of a joint program executive
office for such management.
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(E) An assessment of the findings and rec-
ommendations of the 2020 report by the National
Academies of Science, Engineering, and Medicine ti-
tled ‘‘Respiratory Health Effects of Airborne Haz-
ards Exposures in the Southwest Asia Theater of
Military Operations’’.
(6) An evaluation of such other matters as the Sec-
retary of Defense determines appropriate to ensure a
comprehensive review of activities relating to the effects
of exposure to open burn pits and other environmental
hazards.
(c) SUBMISSION OF PLAN AND BRIEFING.—Not later
than 240 days after the date of the enactment of this Act,
the Secretary of Defense shall—
(1) submit to the Committees on Armed Services of
the House of Representatives and the Senate the action
plan required by subsection (a)(2); and
(2) provide to such committees a briefing on the re-
sults of the capability assessment required by subsection
(a)(1).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Airborne Hazards and Open Burn
Pit Registry’’ means the registry established under sec-
tion 201 of the Dignified Burial and Other Veterans’
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Benefits Improvement Act of 2012 (Public Law 112–
260; 38 U.S.C. 527 note).
(2) The term ‘‘environmental exposure’’ means an
exposure to an open burn pit or other environmental
hazard, as determined by the Secretary of Defense.
(3) The term ‘‘open burn pit’’ has the meaning
given that term in section 201(c) of the Dignified Burial
and Other Veterans’ Benefits Improvement Act of 2012
(Public Law 112–260; 38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING RE-
VIEW.
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