Public Law 117-263 (December 23, 2022)

Summary

Public Law 117-263, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, approved Dec. 23, 2022 (H.R. 7776, 136 Stat. 2395). The Act authorizes appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, and prescribes military personnel strengths. Section 2 states that the Act is organized into 11 divisions, from Division A, Department of Defense Authorizations, through Division K, Don Young Coast Guard Authorization Act of 2022. The text then begins the table of contents with Division A, Title I, Procurement.

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Issuer: Congressional materials
Document type: Plaw Plaw 117Publ263 Plaw 117Publ263
Case: Plaw Plaw 117Publ263 Plaw 117Publ263

Cite this document

“Public Law 117-263 (December 23, 2022).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-117publ263-plaw-117publ263/, SHA-256 9e5d37dfa7d1282073c16f3dde21978078f62f58f9db36f4828e270e02de933f.

Full text

PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2395

Public Law 117–263
117th Congress
An Act
To authorize appropriations for fiscal year 2023 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart- Dec. 23, 2022
ment of Energy, to prescribe military personnel strengths for such fiscal year, [H.R. 7776]
and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, James M. Inhofe
National Defense
SECTION 1. SHORT TITLE. Authorization
Act for Fiscal
(a) IN GENERAL.—This Act may be cited as the ‘‘James M. Year 2023.
Inhofe National Defense Authorization Act for Fiscal Year 2023’’.
(b) REFERENCES.—Any reference in this or any other Act to 10 USC 101 note.
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’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into 11 divisions as fol-
lows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Non-Department of Defense Matters.
(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 Authorizations.
(10) Division J—Oceans and Atmosphere.
(11) Division K—Don Young Coast Guard Authorization
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.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT

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Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.

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136 STAT. 2396 PUBLIC LAW 117–263—DEC. 23, 2022
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
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 waterborne
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 programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
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 aircraft.
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 warning
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 aircraft.
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 mis-
sion 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 authority.
Sec. 212. Clarification of role of senior official with principal responsibility for arti-
ficial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engi-
neering in personnel management authority to attract experts in science
and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive

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Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2397
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 war-
fare 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 minor-
ity-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation at institutions
of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities 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 gen-
eration information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing ap-
proaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications
technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellow-
ship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation
ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the De-
partment of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and de-
velopment centers.
Sec. 239. Report on recommendations from Army Futures Command Research Pro-
gram 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 information
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 exposure 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 re-
newable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and pro-

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motion 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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136 STAT. 2398 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme
weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain mili-
tary 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 recy-
cling.
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 installa-
tions.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of
Defense with electric vehicles, advanced-biofuel-powered vehicles, or hy-
drogen-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 implications 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 Substances 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 property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations
from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense pro-
curement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objec-
tives 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 readiness
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 Ship-
yard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support oper-
ations.
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 distribution
points in United States Indo-Pacific Command area of responsibility.

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2399
Sec. 372. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production fa-
cility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level main-
tenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for per-
formance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safe-
ty 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 responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
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 installations.
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 sanitation
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 coun-
termeasures 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 of-
ficers 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 limitations
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 depart-

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ments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement for
Superintendents of military service academies.

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136 STAT. 2400 PUBLIC LAW 117–263—DEC. 23, 2022
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’ Train-
ing Corps in reports accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Of-
ficers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the National
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 interfere with cer-
tain 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 re-
serve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Reserve
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 discharges 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 occupa-
tional 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 prospective re-
cruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment in-
centives.
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 secondary
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 air-
craft: 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

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2401
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 or-
ganizations.
Sec. 549A. Briefing and report on resourcing required for implementation of mili-
tary 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 foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for ap-
pointment 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 Tech-
nology: 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 acad-
emy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military edu-
cation.
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 dependent
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 dependents
of military and civilian personnel.
Sec. 575. Assistance to local educational agencies that benefit dependents of mem-
bers 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 Depart-
ment 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 Chil-
dren’s Compact.
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.
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 pur-
poses of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools op-
erated 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.

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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.

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136 STAT. 2402 PUBLIC LAW 117–263—DEC. 23, 2022
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; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arling-
ton 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 installations.
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.
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 authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authori-
ties.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; trav-
el 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 housing
in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for mem-
bers 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 certain
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 congres-
sional 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 services
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 relo-
cate 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 institution or train-
ing 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 assign-
ment.
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 accu-
mulate 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 member of
the Armed Forces.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2403
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; report.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autono-
mous 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; re-
port.
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 members
of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE di-
rectory.
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 de-
pendents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and over-
sight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE pro-
gram 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 med-
ical 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 pro-
vided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civilians
for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to de-
livery of health and medical care through use of other transaction au-
thority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian, or ref-
ugee 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 literacy
among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System Med-
ical Logistics Directorate and Military Health System Education and
Training Directorate.

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Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical man-
ning and medical billets.

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136 STAT. 2404 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 732. Independent analysis of Department of Defense Comprehensive Autism
Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority for
independent suicide prevention and response review committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
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 military
health system.
Sec. 738. Certification program in provision of mental health services to members
of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by individ-
uals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense;
congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certifi-
cation requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense internship
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 exposure
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 department
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 vio-
lence 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 ob-
stacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon systems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and deploy-
ment 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 disclo-
sure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition pro-
grams.
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 pro-
posed cancellations and modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and related ef-
forts.
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 activities
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.

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Sec. 819. Extension of pilot program for distribution support and services for weap-
ons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2405
Sec. 821. Repeal of requirement for Inspector General of the Department of De-
fense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to inflation
impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce ex-
cellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agreements
with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or hard-
ware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills program.
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 cer-
tain 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 procurement
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 strategic
and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and industrial
capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization
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 tech-
nologies.
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.
Sec. 875. Demonstration of commercial due diligence for small business programs.
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 ac-
quisition 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 pro-
gram classification guides and program protection plans.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secre-
taries of Defense.

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136 STAT. 2406 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 902. Conforming amendments relating to repeal of position of Chief Manage-
ment Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to identify,
task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements relat-
ing 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 oper-
ations.
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 counterter-
rorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions directly con-
cerning Marine Corps amphibious force structure and capability.
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 indi-
viduals detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify facilities
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 transfer or
release of individuals detained at United States Naval Station, Guanta-
namo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish control 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

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and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense systems
for certain congressional staff for oversight purposes.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2407
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 De-
fense 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 hu-
manitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
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 enhance-
ment of information sharing and coordination of military training be-
tween Department of Homeland Security and Department 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 air-
craft to other departments of the Federal Government and authority to
transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, surveil-
lance, 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 Government
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 operations.
Sec. 1068. Report on strategy and improvement of community engagement efforts
of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil authori-
ties to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local govern-
ments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions receiv-
ing Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of De-
fense 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 countries.
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 at-
tack 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.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Strategic

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Studies as the James M. Inhofe Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint training ex-
ercises.

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136 STAT. 2408 PUBLIC LAW 117–263—DEC. 23, 2022
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 employees
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 em-
ployees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Department
of Defense.
Sec. 1105. Temporary extension of authority to provide security for former Depart-
ment of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited appoint-
ments 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 de-
partment of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive ap-
pointments 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 organizations.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Payment of personnel expenses necessary for participation in training
program conducted by Colombia under the United States-Colombia Ac-
tion 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 Warfare
Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of operations.
Sec. 1206. Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military oper-
ations.
Sec. 1207. Modification and extension of authority to support border security oper-
ations 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 assistance
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 Afghanistan.
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

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of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian groups and
individuals.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2409
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 Initiative.
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 in-
volving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Rus-
sian 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 in-
volving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to authorize
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 include ces-
sation 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 cleanup.
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 People’s
Republic of China that provide support to the People’s Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and invest-
ments 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-Pa-
cific region.
Sec. 1262. Report on bilateral agreements supporting United States military pos-
ture 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 Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in Eu-
rope.
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 national se-
curity 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.

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Sec. 1278. Sense of Congress and briefing on multinational force and observers.
Sec. 1279. Briefing on Department of Defense program to protect United States
students against foreign agents.

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136 STAT. 2410 PUBLIC LAW 117–263—DEC. 23, 2022
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 Mate-
rials 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-Depart-
ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-
tain James A. Lovell Health Care Center, Illinois.
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 cybersecurity
program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that ad-
vise 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 Jordan.
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 sys-
tems 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.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the infor-
mation 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 lexi-
con for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information op-
erations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of assess-
ments 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 ele-

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ments of Joint Force Headquarters–Cyber Organizations, Joint Mission
Operations Centers, and Cyber Operations-Integrated Planning Ele-
ments.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2411
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 Depart-
ment 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 budget
data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial intel-
ligence.
Sec. 1555. Review of Department of Defense implementation of recommendations
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 en-
abled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adversaries
in the information environment.
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 deliv-
ery 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 technology
development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capabilities
Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack As-
sessment 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 operational
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 programs
within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile.

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Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.

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136 STAT. 2412 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 1652. Improvements to acquisition accountability reports on the ballistic mis-
sile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense information
and systems.
Sec. 1654. Next generation interceptors for missile defense of United States home-
land.
Sec. 1655. Termination of requirement to transition ballistic missile defense pro-
grams to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems
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 home-
land.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
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 pro-
vided 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 capac-
ity 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 tables
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.
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.

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TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2413
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.
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 activi-
ties 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 applicable
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 military
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, Installations,
and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for military
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 en-
ergy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Facilities
Criteria to include specifications on use of gas insulated switchgear and

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criteria and specifications on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that impact
cost and scope of work of military construction projects.

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136 STAT. 2414 PUBLIC LAW 117–263—DEC. 23, 2022
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 Mar-
ket 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 conditions of
residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with feder-
ally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installation
resilience component of master plans for at-risk major military installa-
tions.
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, Virginia
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 construction
projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors of nat-
ural 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 instal-
lations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications re-
lated 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 stra-
tegic seaports in Defense Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense community infra-
structure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building ma-
terials in military construction to include locations throughout the
United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain con-
struction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of Inspectors
General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness training cen-
ters.
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 avia-
tion.
Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.
TITLE XXIX—FALLON RANGE TRAINING COMPLEX

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Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2415
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 weapons.
Sec. 3112. Modifications to long-term plan for meeting national security require-
ments for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of nonoperational
defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at vul-
nerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for laboratory-di-
rected research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administration.
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 war-
heads.
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 manufac-
turing development.
Sec. 3126. Authorization of workforce development and training partnership pro-
grams 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

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Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.

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136 STAT. 2416 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes pro-
cured, furnished, or financed by other Federal departments and agen-
cies.
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 cadets
on certain vessels.
Subtitle C—Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure development program.
Sec. 3524. Infrastructure improvements identified in the report on strategic sea-
ports.
Sec. 3525. GAO review of Government efforts to promote growth and modernization
of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resiliency
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 foreign
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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2417
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 Depart-
ment of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and hous-
ing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Veterans Af-
fairs.
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 Veterans Af-
fairs.
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 Veterans
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; program
on intermediate care technicians of Department of Veterans 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 sta-
tus.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
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 Con-
gress.
Sec. 5233. Availability of information to Congress on certain allegations of wrong-
doing 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 In-
spector General.

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Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report on
Expenditures
Sec. 5251. CIGIE report on expenditures.

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136 STAT. 2418 PUBLIC LAW 117–263—DEC. 23, 2022
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors Gen-
eral.
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 organi-
zations 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 alle-
gations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and supporting
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 necessary, de-
feat aggression by the People’s Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions and support
for Taiwan.
Sec. 5504. International military education and training cooperation with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military forces of Tai-
wan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales program.
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 intelligence
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 targeting
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

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Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the inter-
national community.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2419
Sec. 5518. Strategy to support Taiwan’s meaningful participation in international
organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Aviation
Organization.
PART 4—MISCELLANEOUS PROVISIONS
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 esca-
lation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the ob-
jectives 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 Tai-
wan.
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 influence.
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.
Sec. 5553. Program to provide assistance to build the capacity of foreign law en-
forcement 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.

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Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States’ international response to pandemics.
Sec. 5562. International pandemic prevention and preparedness.

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136 STAT. 2420 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention, Preparedness,
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 per-
petration 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.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea’s repressive information
environment.
Sec. 5584. Promoting freedom of information and countering censorship and sur-
veillance 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 Mex-
ico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked in-
vasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in the

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international counterterrorism academy in Côte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family members in
North Korea.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2421
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
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 re-
lief 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 Commis-
sion.
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 Secu-
rities 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 Cor-
poration.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corporation.
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 Office 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 Bureau
of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F—Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the Federal

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Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Reserve
System.

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136 STAT. 2422 PUBLIC LAW 117–263—DEC. 23, 2022
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 non-
immigrant 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 of-
fenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized facili-
ties.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger tech-
nology.
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.
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 Reclamation
dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration property
in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-binding
instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.

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DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2423
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 jurisdiction to
facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller General of
the United States for the Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget justification mate-
rials.
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence Uni-
versity.
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 attack.
Sec. 6309. Enforcement of cybersecurity requirements for national security sys-
tems.
Sec. 6310. Review and briefing on intelligence community activities under Execu-
tive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export con-
trols and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic standards.
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 National
Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency func-
tions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay per-
sonnel 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.

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Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.

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136 STAT. 2424 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.
Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 6433. Elevation of the commercial and business operations office of the Na-
tional Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program.
Sec. 6436. Briefing on coordination between intelligence community and Bureau 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 Chinese
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 Republic 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 accountability.
Sec. 6513. Lead intelligence community coordinator for countering and neutralizing
proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of Com-
merce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement tech-
nology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets.
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 Workforce
2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of adminis-
tration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information for
certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered in-
sider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space
certified as sensitive compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence com-
munity with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of ur-
gent concern received by inspectors general of the intelligence commu-
nity.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES

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Subtitle A—General Matters
Sec. 6701. Definitions.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2425
Sec. 6702. Additional responsibilities of Director of National Intelligence for artifi-
cial intelligence policies, standards, and guidance for the intelligence
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 in-
tegration.
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 clearances for cer-
tain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Ac-
quisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence com-
munity.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community
relating to science, technology, engineering, and math, and related
areas.
Subtitle D—Talent, Education, and Training
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 Over-
sight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on un-
identified 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 Hemisphere.
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 Rus-
sian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to under-
take an effort to identify International Mobile Subscriber Identity-catch-
ers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment of
anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing requirements.
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 personnel
vetting determinations.

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Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital engi-
neering environment.

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136 STAT. 2426 PUBLIC LAW 117–263—DEC. 23, 2022
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
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 advance
traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter ve-
hicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection personnel 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 recommenda-
tions.
Subtitle B—Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in Government.

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Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial intelligence capa-
bilities to demonstrate modernization activities related to use cases.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2427
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.
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 Com-
mittee.
Sec. 8116. Workforce planning.

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Sec. 8117. Corps of Engineers support for underserved communities; outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.

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136 STAT. 2428 PUBLIC LAW 117–263—DEC. 23, 2022
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 appropriation 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.
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 rehabilitation 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 re-
sponsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in Appalachia.
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.

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2429
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.
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 capacity.
Sec. 8231. Report on socially and economically disadvantaged small business con-
cerns.
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, Colo-
rado.
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 Drain-
age 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.
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.

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Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.

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136 STAT. 2430 PUBLIC LAW 117–263—DEC. 23, 2022
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 Lev-
ees units, Missouri River and tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and dem-
onstration 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 Mexico.
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.
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.

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DIVISION I—DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2431
Sec. 9002. Definitions.
TITLE XCI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF
STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance
and the Bureau of International Security and Nonproliferation.
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.
Sec. 9203. Increasing the maximum amount authorized for science and technology
fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investigations.
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 immu-
nities.
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) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the De-
partment 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

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against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.

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136 STAT. 2432 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 9508. Establishment and expansion of Regional Technology Officer Program.
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 diplo-
macy.
TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by international
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 operations
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 pri-
vate, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Reform 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 de-
partures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domestic
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
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.

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TITLE CI—BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION
OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2433
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 Council.
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 National
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.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid Re-
sponse 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 Sys-
tem.
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 improve-
ment.
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 region.
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

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procure cost-effective technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.

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136 STAT. 2434 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through condi-
tion-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.
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 mission de-
mands.
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 control
and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of per-
formance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation system.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authorization
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 strategy
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 par-
ticular 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 personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers’ Training Corps.
Sec. 11248. Improving representation of women and racial and ethnic minorities
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 personnel.
Subtitle G—Miscellaneous Provisions

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2435
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 Mans-
field.
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 transfers
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 oper-
ations 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 region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B—Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response contracts.
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 anchorage
grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and recreational
fisheries from development of renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fishing
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 ad-
ministration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy pro-

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duction.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.

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136 STAT. 2436 PUBLIC LAW 117–263—DEC. 23, 2022
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.
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 transition
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.

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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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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2437
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 creden-
tials.
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 ac-
tivities.
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 rev-
ocation.
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.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and weather recon-
naissance 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 Atmospheric
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 amendments.
Sec. 11805. Reinstatement.

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Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.

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136 STAT. 2438 PUBLIC LAW 117–263—DEC. 23, 2022
10 USC 101 note. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ‘‘congressional defense committees’’ 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.
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 howitzers.
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 waterborne
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 programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
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 aircraft.
Sec. 143. Requirements relating to F–22 aircraft.

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2439
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 warning
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 aircraft.
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 mis-
sion 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 fiscal year
2023 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide activi-
ties, as specified in the funding table in section 4101.

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 Govern-
ment of a Paladin Integrated Management-modification produc-
tion approach with a new-build production 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 government-
owned infrastructure to facilitate the modification;
(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 selection
decisions on a full understanding of the cost of production,

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including—
(A) the comparison of production approaches described
in paragraph (2); and

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136 STAT. 2440 PUBLIC LAW 117–263—DEC. 23, 2022

(B) any cost analysis or comparison described in para-
graph (3).
(b) CERTIFICATION.—Before issuing a request for proposal for
the post-prototype production of an Extended Range Cannon Artil-
lery howitzer, the Secretary of the Army shall—
Compliance. (1) certify to the congressional defense committees that
the acquisition strategy upon which the request for proposal
is based complies with the requirements of subsection (a); and
Briefing. (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 MATE-
RIALS.—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 Artillery 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
(2) in any budget briefings concerning such program.

Subtitle C—Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT OF THE
NAVY.
(a) LIMITATIONS AND MINIMUM INVENTORY REQUIREMENTS.—
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 sub-
section:
Time period. ‘‘(f)(1)(A) During the period beginning on the date of the enact-
ment 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 consid-
ered excess to the requirements of the possessing com-
mand and awaiting disposition instructions.
Determination. ‘‘(B) The prohibition under subparagraph (A) shall not
apply to individual EA–18G aircraft that the Secretary of the
Navy determines, on a case-by-case basis, to be no longer mis-
sion capable and uneconomical to repair because of aircraft
accidents or mishaps.
‘‘(2)(A) The Secretary of the Navy shall maintain a total aircraft

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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.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2441

‘‘(B) The Secretary of the Navy may reduce the number of Determination.
EA–18G aircraft in the inventory of the Navy below the minimum
number specified in subparagraph (A) if the Secretary 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 aircraft Definition.
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 qualification;
‘‘(iii) to a test unit for testing of the aircraft or its compo-
nents for purposes of research, development, test, and evalua-
tion, operational test and evaluation, or to support testing
programs; or
‘‘(iv) to meet requirements for missions not otherwise speci-
fied in clauses (i) through (iii).’’.
(b) REPORT REQUIRED.—Not later than 180 days after the date Strategy.
of the enactment of this Act, the Secretary of the Navy and the Execution plan.
Secretary of the Air Force shall jointly submit to the congressional
defense committees a report that includes a strategy and execution
plan for continuously and effectively 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 squad-
rons in effect as of the date of the enactment of this Act.
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 10 USC 8696.
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 spe-
cial 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 Determination.
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 initiatives are

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sufficient to meet workforce needs;
‘‘(iii) there are minimal workforce development
issues to be addressed; or

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136 STAT. 2442 PUBLIC LAW 117–263—DEC. 23, 2022

‘‘(iv) it is not in the national security interests
of the United States to comply with such requirements.
Deadline. ‘‘(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—
Effective date. ‘‘(A) on or after the date on which the service acquisi-
tion 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 development; and
‘‘(B) in an amount that is equal to the aggregate
amount of all monetary contributions from entities that
made commitments under subparagraph (A) not to exceed
the amount of funding made available for the special incen-
tive 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 entity.
‘‘(E) A local government or other local entity.
‘‘(F) An industry association, organization, or consor-
tium that directly supports workforce development.
‘‘(3) SPECIAL RULE.—In a case in which the aggregate
amount of all monetary contributions from entities that made
commitments under paragraph (1)(A) is less than the minimum
amount specified for the special incentive under subsection
(a)(2), funds for the special incentive may be expended in an
amount equal to such lesser amount.
‘‘(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 described in this
paragraph are the following:
‘‘(A) The creation of short- and long-term workforce
housing, transportation, and other support services to facili-
tate attraction, relocation, and retention of workers.
‘‘(B) The expansion of local talent pipeline programs

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for both new and existing workers.
‘‘(C) Investments in long-term outreach in middle
school and high school programs, specifically career and

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2443

technical education programs, to promote and develop
manufacturing skills.
‘‘(D) The development or modification of facilities for
the primary purpose of workforce development.
‘‘(E) Payment of direct costs attributable to workforce
development.
‘‘(F) Attraction and retention bonus programs.
‘‘(G) On-the-job training to develop key manufacturing
skills.
‘‘(d) APPROVAL REQUIREMENT.—The service acquisition execu-
tive of the Navy shall—
‘‘(1) provide the final approval of the use of funds for
a special incentive for workforce development required under
subsection (a)(1); and
‘‘(2) not later than 30 days after the date on which such Deadline.
approval is provided, certify to the congressional defense Certification.
Compliance.
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.
‘‘(2) The term ‘qualified subcontractor’ means a subcon-
tractor that will deliver the vessel or vessels awarded under
a covered contract to the Navy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 863 of such title is amended by adding at the 10 USC prec.
end the following new item: 8661.

‘‘8696. Navy shipbuilding workforce development special incentive.’’.
(c) APPLICABILITY.—Section 8696 of title 10, United States Code, 10 USC 8696
as added by subsection (a), shall apply with respect to— note.
(1) a solicitation for a covered contract (as defined in sub- Effective date.
section (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 Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1665), as most recently amended
by section 122 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1570), is further amended
by striking ‘‘for fiscal years 2019, 2020, 2021, or 2022’’ and inserting
‘‘for any of fiscal years 2019 through 2023’’.

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(b) TECHNICAL AMENDMENT.—Subsection (b)(4) of such section
is amended by striking ‘‘section 2304’’ and inserting ‘‘sections 3201
through 3205’’.

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136 STAT. 2444 PUBLIC LAW 117–263—DEC. 23, 2022
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND
FLEET CONFIGURATION OF E–6B AIRCRAFT.
(a) LIMITATION.—Until the date on which the certification
described in subsection (b) is submitted to the congressional 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 configu-
ration 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 described in
this subsection is a written certification from the Chair of the
Joint Requirements Oversight Council indicating that the replace-
ment capability for the E–6B aircraft—
(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 oper-
ational requirements of the combatant commands that have
been, or that are expected to be, assigned to such replacement
capability.
Determination. (c) EXCEPTION.—The requirements of subsection (a) shall not
apply to an individual E–6B aircraft otherwise required to be main-
tained 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.—Subject to sec-
tion 3501 of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts for the
procurement of up to 15 Arleigh Burke class Flight III guided
missile destroyers.
Effective date. (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 associated with the
destroyers for which authorization to enter into a multiyear procure-
ment contract is provided under subsection (a), and for systems
and subsystems associated with such destroyers in economic order
quantities when cost savings 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 quantity of
destroyers to be procured through all contracts entered into

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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 procurement of additional destroyers such

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2445

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 quantity of
destroyers to be procured under a contract entered into
under subsection (a) excluding any quantity of destroyers
that may be procured 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 CON-
NECTOR PROGRAM.
(a) CONTRACT AUTHORITY.—Beginning in fiscal year 2023, the Effective date.
Secretary of the Navy may enter into one or more contracts for
the procurement of up to 25 Ship-to-Shore Connector class craft
and associated material.
(b) LIABILITY.—Any contract entered into under subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation 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 Deadline.
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 milestone decision authority for the Ship-
to-Shore Connector program:
(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 significant
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);

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136 STAT. 2446 PUBLIC LAW 117–263—DEC. 23, 2022

(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(3) There is a reasonable expectation that throughout 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, including a
description of the basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(d) 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. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY LIFT HELI-
COPTER PROGRAM.
Time periods. (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 subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropria-
tions for that purpose; and
(2) the total liability of the Federal Government for termi-
nation of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
Deadline. (c) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of Defense 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 milestone decision authority (as defined
in section 4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
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);

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(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in sub-
section (a);

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2447

(C) the estimated cost savings or increase by fiscal
year for the program with the authority provided in sub-
section (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(2) There is a reasonable expectation that throughout 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.
(4) The estimates of both the cost of the contract and Cost estimates.
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 national
security of the United States.
(6) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense pro-
gram submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the funding
required to execute the program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS
FLEET REPLENISHMENT OILER SHIPS.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—During fiscal years 2023 Time periods.
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 replenishment oiler ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CON-
TRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
the John Lewis-class fleet replenishment oiler ship program.
(b) CERTIFICATION REQUIRED.—A contract may not be entered Deadline.
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 milestone decision authority for the John
Lewis-class fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the Depart-
ment of the Navy’s projected force structure requirements for
such ships.
(2) The use of such a contract will result in significant
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);

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(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);

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136 STAT. 2448 PUBLIC LAW 117–263—DEC. 23, 2022

(C) the estimated cost savings or increase by fiscal
year, by hull, 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 esti-
mated cost savings are realized.
(3) There is a reasonable expectation that throughout 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.
Cost estimates. (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 national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense pro-
gram (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(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 savings 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 availability 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 AMPHIBIOUS
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 EXISTING CON-
TRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
programs for covered ships.
Deadline. (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

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30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the covered
ship program concerned:

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2449

(1) The use of such a contract is consistent with the Com-
mandant of the Marine Corps’ projected force structure require-
ments for amphibious ships.
(2) The use of such a contract will result in savings com-
pared 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 expla-
nation 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 provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a); and
(D) the contractual actions that will ensure the esti-
mated cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation
that throughout the contemplated contract period 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 Cost estimates.
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 national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform 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 savings 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 availability 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

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meaning given that term in section 4251(d) of title 10, United
States Code.

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136 STAT. 2450 PUBLIC LAW 117–263—DEC. 23, 2022
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 program 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 design,
preliminary design, and contract design for the covered pro-
gram—
(A) shall award such contracts to eligible shipbuilders;
and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible ship-
builders; and
(3) shall allocate only one vessel in the covered program
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 Secretary of
the Navy shall provide for competitive incentives for eligible ship-
builders and other contractors throughout the design, development,
and production phases of the covered program, including the fol-
lowing:
(1) Allocation of design labor hours, provided that no
eligible shipbuilder has fewer than 30 percent of aggregate
design labor hours for any phase of vessel design for the covered
program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive solicita-
tions 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 following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization 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 program of
the Department of the Navy to procure DDG(X) destroyer class
vessels.
(2) The term ‘‘eligible shipbuilder’’ means a prime con-
tractor designated by the milestone decision authority to per-

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form detailed design and construction of the covered program.
(3) The term ‘‘milestone decision authority’’ has the
meaning given in section 4211 of title 10, United States Code.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2451
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 Standard Missile–6 mis-
siles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–82 AND CVN–
83.
(a) REPORT.—Not later than March 1, 2023, the Secretary of
the Navy shall submit to the congressional defense committees
a report on the plan of the Navy for advance procurement for
the aircraft carriers designated CVN–82 and CVN–83.
(b) ELEMENTS.—The report required by subsection (a) shall Assessments.
include an assessment of—
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
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 acquisition 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 carriers des-
ignated 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 carriers designated
CVN–82 and CVN–83 pursuant to which both aircraft carriers
are procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING STALLION
HELICOPTER PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the date of Deadline.
the enactment of this Act, and on a quarterly basis thereafter
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 program.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the CH–53K King Stallion helicopter pro-
gram, the following:
(1) An overview of the program schedule. Overview.
(2) A statement of the total cost of the program as of Cost statement.
the date of the briefing, including the cost of development,
testing, and production.
(3) A comparison of the total cost of the program relative

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to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date
of the briefing.

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136 STAT. 2452 PUBLIC LAW 117–263—DEC. 23, 2022

Assessment. (4) An assessment of the flight testing that remains to
be conducted under the program, including any testing required
for validation of correction of technical deficiencies.
Update. (5) An update on the status of the correction of technical
deficiencies under the program and any effects 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 AIR-
CRAFT OF THE COMBAT AIR FORCES.
(a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIREMENTS.—Sec-
tion 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 Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038)
is amended by striking ‘‘171’’ and inserting ‘‘153’’.
(2) Section 142(b)(2) of the National Defense Authorization
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 Authorization Act for Fiscal Year
2017 (Public Law 114–328; 130 Stat. 2039) is amended by striking
‘‘the report required under section 134(e)(2)’’ and inserting ‘‘a report
that includes 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 REFUELING
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 inserting
‘‘466’’.
(b) REPEAL OF LIMITATION ON RETIREMENT OF KC–135 AIR-
CRAFT.—Section 137 of the National Defense Authorization 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 subsections
(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 Authorization 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

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OF THE RESERVE COMPONENTS.—
(1) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2453

2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC–135 aircraft des-
ignated as primary mission aircraft inventory within the
reserve components of the Air Force.
(2) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—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 REQUIREMENTS.—
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 Time period.
of the National Defense Authorization Act for Fiscal Year 2023
and ending on September 30, 2027, the Secretary 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 pre-
sumes future congressional authority to divest such aircraft;
‘‘(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 Determination.
individual F–22 aircraft that the Secretary of the Air Force deter-
mines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of aircraft 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 Strategy.
of the enactment of this Act, the Secretary of the Air Force Execution plan.
shall submit to the congressional defense committees a report
that includes a strategy and execution plan, approved by the
Secretary, for conducting formal training for F–22 aircrews
to ensure that combat capability, capacity, and availability
at all F–22 operational units is not degraded.
(2) ELEMENTS.—The strategy and execution plan under
paragraph (1) shall—
(A) address how the Air Force will avoid—
(i) diminishing the combat effectiveness of all block
variants of F–22 aircraft;
(ii) exacerbating F–22 aircraft availability con-
cerns; and
(iii) complicating F–22 aircraft squadron mainte-
nance operations; and
(B) include the plan of the Secretary for— Plan.
(i) the basing of 184 F–22 aircraft; and
(ii) the reestablishment of one or more F–22 formal
training units, including—

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(I) the planned location of such units;
(II) the planned schedule for the reestablish-
ment of such units; and

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136 STAT. 2454 PUBLIC LAW 117–263—DEC. 23, 2022

(III) and the number of F–22 aircraft that
are expected to be assigned to such units.
Data. (c) COMPTROLLER GENERAL AUDIT.—
Assessment. (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 necessary
to upgrade Block 20 F–22 aircraft to a capability configura-
tion comparable to or exceeding the existing or planned
configuration of Block 30/35 F–22 aircraft;
Cost estimates. (B) the estimated costs of such upgrades; and
Schedule. (C) a schedule of milestones for such upgrades.
(2) AVAILABILITY OF INFORMATION.—At the request 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 needed 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.
Deadline. (3) BRIEFING.—Not later than April 15, 2023, the Comp-
troller General shall provide to the congressional defense
committees a briefing on the progress and any preliminary
results of the audit conducted under paragraph (1).
(4) REPORT.—Following the briefing under paragraph (3),
at such time as is mutually agreed upon by the congressional
defense committees and the Comptroller General, the Comp-
troller General shall submit to the congressional defense
committees a report on the final results of the audit conducted
under paragraph (1).
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 inserting ‘‘a bomb wing’’.
SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESENTATION
REQUIREMENT.
Section 147 of the John S. McCain National Defense Authoriza-
tion 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 inventory of C–130
aircraft of not less than 271 aircraft.
Determination. (2) EXCEPTION.—The Secretary of the Air Force may reduce
the number of C–130 aircraft in the Air Force below the min-
imum number specified in paragraph (1) if the Secretary deter-
mines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(3) COVERED PERIOD DEFINED.—In this subsection, the term
‘‘covered period’’ means the period—
(A) beginning at the close of the period described in

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section 138(c) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1577);
and

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2455

(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 Determination.
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 RETIREMENT
OF C–40 AIRCRAFT.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 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.—
(1) IN GENERAL.—The limitation under subsection (a) shall Determination.
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 reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMI-
NATION 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 operations 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 INVENTORY OF Effective dates.
E–3 AIRBORNE WARNING AND CONTROL SYSTEM AIR-
CRAFT.
(a) PROHIBITION.—Except as provided in subsections (b) and
(c), 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 retire, prepare to retire, or place
in storage or in backup aircraft inventory 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 defense committees
an acquisition strategy for the E–7 Wedgetail aircraft approved
by the Service Acquisition Executive 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

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on which the strategy is so submitted.
(c) EXCEPTION FOR CONTRACT AWARD.—If the Secretary of the
Air Force awards a contract for the E–7 Wedgetail aircraft, the

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136 STAT. 2456 PUBLIC LAW 117–263—DEC. 23, 2022

prohibition under subsection (a) shall not apply to actions taken
to reduce the total aircraft inventory for E–3 aircraft to 18 after
the date on which such contact is so awarded.
(d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT INVENTORY.—
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.
Effective date. (a) LIMITATION.—Beginning on October 1, 2023, the Secretary
Time period. of the Air Force may not divest, or prepare to divest, any covered
F–15 aircraft until a period of 180 days has elapsed following
the date on which the Secretary submits the report required under
subsection (b).
Plans. (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, including—
(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 identified under
subparagraph (B); and
(ii) to modify or replace the missions and capabili-
ties of any units and military installations affected
by such divestments; and
Assessment. (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 articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F–
15EX Rapid Fielding Requirements Document, dated January
16, 2019.
(c) COVERED F–15 AIRCRAFT DEFINED.—In this section, 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—

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(1) all T–38A aircraft of the Air Force Global Strike Com-
mand that have not received an upgraded ejection seat under
the T–38 Ejection Seat Upgrade Program; and

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2457

(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 OPER-
ATIONS 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 operations plat-
form procured under subsection (a) shall include the following
capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in
a simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC. 153. DIGITAL TRANSFORMATION COMMERCIAL SOFTWARE 10 USC note
ACQUISITION. prec. 9531.

(a) PROCUREMENT AUTHORITY.—The Secretary of the Air Force
may enter into one or more contracts for the procurement of
commercial digital engineering and software tools to meet the digital
transformation goals and objectives of the Department of the Air
Force.
(b) INCLUSION OF PROGRAM ELEMENT IN BUDGET MATERIALS.—
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 include a program element dedi-
cated to the procurement and management of the commercial digital
engineering and software tools described in subsection (a).
(c) REVIEW.—In carrying out subsection (a), the Secretary of
the Air Force shall—
(1) review the market for commercial digital engineering
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 capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and pro-
vide data-driven approaches to inform investments by the
Department of the Air Force.
(d) REPORT.—Not later than March 1, 2023, the Secretary of
the Air Force shall submit to the congressional defense committees
a report that includes—
(1) an analysis of specific digital engineering and software Analysis.
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 Depart- List.
ment of the Air Force that could better utilize commercial

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digital engineering and software tools and opportunities for
the implementation of such digital engineering and software
tool capabilities within the Department.

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136 STAT. 2458 PUBLIC LAW 117–263—DEC. 23, 2022
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT
SEARCH AND RESCUE MISSION OF THE AIR FORCE.
(a) REQUIREMENTS STUDY.—
Determination. (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.
Assessments. (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 objec-
tives of the most recent National Defense Strategy,
including—
(i) requirements for short-term, mid-term, and
long-term contingency and steady-state operations
against adversaries;
(ii) requirements under the Agile Combat Employ-
ment 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 com-
bat-relevant range and penetration capability of United
States air assets 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 enabling
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—
(i) whether and to what extent such gaps may
affect the ability of the Air Force to conduct combat
search and rescue operations;
(ii) any capability gaps that may be created by
procuring fewer HH–60W aircraft than planned under
the program of record, including 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 current,
emerging, and future technologies with potential applica-
tion to the combat search and rescue mission, including
electric vertical takeoff and landing, unmanned aerial sys-
tems, armed air launched effects or similar armed capabili-
ties, electric short take-off and landing, or a combination
of such technologies.
(E) An assessment of each technology identified under
subparagraph (D), including (as applicable) an assessment
of—

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(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2459

(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(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 Reports.
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the results of the study under
paragraph (1).
(B) FORM.—The report required under subparagraph
(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 con-
ducted under subsection (a), the Secretary of the Air Force
shall develop a strategy to meet the requirements identified
under such study.
(2) ELEMENTS.—The strategy under paragraph (1) shall
include—
(A) A prioritized list of the capabilities needed to meet List.
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including— Cost estimates.
(i) any amounts already budgeted for such capabili-
ties as of the date of the strategy, including amounts
already budgeted for emerging 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 capability Estimate.
is expected to become operational.
(D) A description of any requirements identified under
subsection (a) that the Secretary of the Air Force does
not expect to meet as part of the strategy and an expla-
nation of the reasons such requirements cannot be met.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than July 30, 2023, the Reports.
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Rep-
resentatives a report on the strategy developed under para-
graph (1).
(B) FORM.—The report required under subparagraph
(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.

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(a) PLAN REQUIRED.—The Secretary of the Air Force shall
develop a plan to transfer covered KC–135 aircraft to air refueling

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136 STAT. 2460 PUBLIC LAW 117–263—DEC. 23, 2022

wings of the Air National Guard that are classic associations with
active duty units of the Air Force.
Deadline. (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 include an explanation of—
(1) the effects the plan is expected to have on—
(A) the aerial refueling capability of the Department
of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) DEFINITIONS.—In this section:
(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 structure under
which a regular Air Force unit retains principal responsibility
for an aircraft and shares the aircraft with one or more reserve
component units.
SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT TRAINING
SYSTEM.
Time period. (a) ANNUAL REPORT.—Not later than March 1, 2023, and
annually thereafter through 2028, the Assistant Secretary of the
Air Force for Acquisition, Technology, and Logistics 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 acquisition
strategy for the T–7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date
of the report.
Estimates. (2) The cost and schedule estimates for the T–7 Advanced
Pilot Training System program.
Requirements. (3) In the case of the initial report under this section,
the key performance parameters or the equivalent requirements
for the program. In the case of subsequent reports, any key
performance parameters or the equivalent 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 program.
(5) With respect to the testing program events completed
in the year covered by the report—
(A) the completion date of each event;
Summary. (B) a summary of the event, including identification
of—
(i) the quantity of data points evaluated and subse-
quently considered complete and validated; and

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(ii) the quantity of data points evaluated that
remain incomplete or unvalidated and requiring fur-
ther testing.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2461

(6) The logistics and sustainment strategy for the program Strategy.
and a description of any activities carried out to implement
such strategy as of the date of the report.
(7) An explanation of—
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance, and
fielding delays incurred by the program 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 Determination.
T–7 Advanced Pilot Training System that the Assistant Sec-
retary 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 COMMER- 10 USC 3453
CIAL DUAL-USE PARTS IN CERTAIN AIRCRAFT AND note.
ENGINES.
(a) IN GENERAL.—Not later than 180 days after the date of Deadline.
the enactment of this Act, the Secretary of the Air Force, with Procedures.
respect to the Air Force, and the Secretary of the Navy, with
respect to the Navy, shall develop and implement processes and
procedures for—
(1) the acquisition of used, overhauled, reconditioned, 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 products.
(b) PROCUREMENT OF PARTS.—The processes and procedures
implemented under subsection (a) shall provide that commercial
dual-use parts shall be acquired—
(1) pursuant to competitive procedures (as defined in sec-
tion 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess
an Authorized Release Certificate Federal Aviation Administra-
tion 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 ‘‘commercial
derivative’’ means an item procured by the Department of
Defense that is or was produced using the same or similar
production facilities, a common supply 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 entities for purposes other than govern-
mental purposes.

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(2) COMMERCIAL DUAL-USE PART.—The term ‘‘commercial
dual-use part’’ means a product that is—
(A) a commercial product;

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136 STAT. 2462 PUBLIC LAW 117–263—DEC. 23, 2022

(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) COMMERCIAL PRODUCT.—The term ‘‘commercial 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.
10 USC 130i SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES
note. TO COUNTER THREATS POSED BY UNMANNED AERIAL
SYSTEM SWARMS.
(a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Secretary of
Defense shall conduct—
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm
capabilities to installations and deployed Armed Forces;
Country listing. (2) an analysis of the use or potential use of unmanned
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 intelligence and
machine learning;
(4) a review of the capabilities used by the Department
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
Overview. (5) an overview of the efforts of the Department of Defense
to develop and field test technologies that offer scalable, mod-
ular, 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.
(2) ELEMENTS.—The strategy required by paragraph (1)
shall include the following:
(A) The development of a comprehensive definition of
‘‘unmanned aerial system swarm’’.
Plan. (B) A plan to establish and incorporate requirements
for the development, testing, and fielding of technologies
and capabilities to counter unmanned aerial system
swarms.
Plan. (C) A plan to acquire and field adequate capabilities
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.
Estimate. (D) An estimate of the resources needed by each Armed
Force to implement the strategy.
Analysis. (E) An analysis, determination, and prioritization of

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Determination. legislative action required to ensure the Department of
Defense has the ability to counter the threats posed by
unmanned aerial system swarms.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2463

(F) Such other matters as the Secretary determines Determination.
to be relevant to the strategy.
(3) INCORPORATION INTO EXISTING STRATEGY.—The Sec-
retary of Defense may incorporate the strategy required by
paragraph (1) into a comprehensive strategy of the Department
of Defense to counter the threat of unmanned aerial systems.
(c) INFORMATION TO CONGRESS.—Not later than 270 days after Reports.
the date of the enactment of this Act, the Secretary 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 Sec-
retary under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIR-
CRAFT INDUSTRIAL BASE.
(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense
for Acquisition and Sustainment, in coordination with the Secre-
taries of the Army, Navy, and Air Force, shall conduct an assess-
ment of the military rotary wing aircraft industrial 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 research and
development or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements nec-
essary for each program identified under subparagraph (A).
(2) Identification of—
(A) the rotary wing aircraft capabilities of each Armed
Force anticipated for programming beyond the period cov-
ered by the most recent future-years defense program sub-
mitted to Congress under section 221 of title 10, United
States Code (as of the date of the assessment); and
(B) the technologies, facilities, and workforce skills nec-
essary for the development of such capabilities.
(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 platforms and capabilities identi-
fied under paragraphs (1) and (2) and a list of any gaps in
such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft indus-
trial base that is the sole source within such industrial base
from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack
of other suppliers for such components, subcomponents, or
equipment.
(5) Analysis of the likelihood of future consolidation, Analysis.
contraction, or expansion, within the rotary wing aircraft indus-
trial base, including—
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion;

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and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire military

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136 STAT. 2464 PUBLIC LAW 117–263—DEC. 23, 2022

rotary wing aircraft in the future, including any effects
on the cost and schedule of such acquisitions.
Determination. (6) Such other matters the Under Secretary of Defense
for Acquisition and Sustainment determines appropriate.
(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 sub-
section (a); and
Recommenda- (2) based on such results, recommendations for reducing
tions. any risks identified with respect to the military rotary wing
aircraft industrial base.
(d) ROTARY WING AIRCRAFT DEFINED.—In this section, the term
‘‘rotary wing aircraft’’ includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MOD-
ERNIZE THE PROPULSION, POWER, AND THERMAL
MANAGEMENT SYSTEMS OF F–35 AIRCRAFT.
(a) AUDIT REQUIRED.—The Comptroller General of the United
States shall conduct an audit of the efforts of the Department
of Defense to modernize the propulsion, power, and thermal
management systems of F–35 aircraft.
Assessments. (b) ELEMENTS.—The audit conducted under subsection (a) shall
include the following:
Evaluation. (1) An evaluation of the results of the business-case anal-
ysis conducted by the Director of the F–35 Joint Program
Office, in which the Director assessed options to modernize
the propulsion, power, and thermal management systems of
the F–35 aircraft.
(2) An assessment of the costs associated with each mod-
ernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and installation
of the option (including any aircraft modifications required
to accommodate such option), and an assessment of the
sustainment infrastructure requirements associated with that
option for each variant of F–35 aircraft.
(3) An assessment of the progress made by the prototype
engines developed under the Adaptive Engine Transition Pro-
gram 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 modern-
izing the propulsion, power, and thermal management systems
of F–35 aircraft to meet the capability performance require-
ments of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(5) An assessment of the costs associated with modernizing
the propulsion, power, and thermal management systems of
F–35 aircraft to meet the capability performance requirements
of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(6) An assessment of the potential effects of each mod-

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ernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and
the costs of spare parts for F–35 aircraft, including any

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2465

participatory effects on international partners and foreign mili-
tary sales customers.
(c) BRIEFING.—Not later than February 28, 2023, the Comp- Deadline.
troller General shall provide to the congressional defense commit-
tees 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 congressional 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 conducted under subsection (a),
including the findings of the Comptroller General with respect
to each element specified in subsection (b).

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 authority.
Sec. 212. Clarification of role of senior official with principal responsibility for arti-
ficial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engi-
neering in personnel management authority to attract experts 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 war-
fare 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 minor-
ity-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation at institutions
of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities 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 gen-
eration information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing ap-
proaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications
technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellow-

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ship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation
ecosystem.

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136 STAT. 2466 PUBLIC LAW 117–263—DEC. 23, 2022
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the De-
partment of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and de-
velopment centers.
Sec. 239. Report on recommendations from Army Futures Command Research Pro-
gram 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 information
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 fiscal year
2023 for the use of the Department of Defense for research, develop-
ment, 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 DEVELOP-
MENT PROJECT AUTHORITY.
(a) IN GENERAL.—Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
‘‘(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the
European Union, and their suborganizations.’’.
Deadline. (c) CONFORMING REGULATIONS.—Not later than 120 days after
10 USC 2350a the date of the enactment of this Act, the Secretary of Defense
note. shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to conform with section 2350a of title 10,
United States Code, as amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRIN-
CIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.
(a) PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS
IN SCIENCE AND ENGINEERING.—Section 4092 of title 10, United
States Code, is amended—
(1) in subsection (a)(6)—
(A) by striking ‘‘Director of the Joint Artificial Intel-
ligence Center’’ 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)’’;
(B) by striking ‘‘for the Center’’ and inserting ‘‘to sup-
port the activities of such official under section 238 of
such Act’’; and
(C) in the paragraph heading, by striking ‘‘Center’’;

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(2) in subsection (b)(1)(F)—
(A) by striking ‘‘Joint Artificial Intelligence Center’’
and inserting ‘‘office of the official designated under section

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2467

238(b) of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232)’’; and
(B) by striking ‘‘in the Center’’ and inserting ‘‘in sup-
port of the activities of such official under section 238
of such Act’’; and
(3) in subsection (c)(2), by striking ‘‘Joint Artificial Intel-
ligence 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)’’.
(b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS 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 ‘‘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) in paragraph (4), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘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
(3) in paragraph (5), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘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)’’.
(c) MODIFICATION OF THE JOINT COMMON FOUNDATION PRO-
GRAM.—Section 227(a) of the National Defense Authorization 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 Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’.
(d) PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE THE
DEVELOPMENT OF ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE
DEPARTMENT OF DEFENSE.—Section 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 Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061) (and such other officials as the Secretary deter-
mines appropriate), shall—
‘‘(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial intel-
ligence software and technology; and
‘‘(2) allow appropriate public and private sector organiza-

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tions to access such data repositories for the purpose of devel-
oping improved artificial intelligence and machine learning soft-
ware capabilities that may, as determined appropriate by the

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136 STAT. 2468 PUBLIC LAW 117–263—DEC. 23, 2022

Secretary, be procured by the Department to satisfy Depart-
ment requirements and technology development goals.’’;
(3) in subsection (b), by striking ‘‘If the Secretary of Defense
carries out the pilot program under subsection (a), the data
repositories established under the program’’ and inserting ‘‘The
data repositories established under subsection (a)’’; and
(4) by amending subsection (c) to read as follows:
Deadline. ‘‘(c) BRIEFING.—Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on—
Determination. ‘‘(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories estab-
lished under subsection (a); and
‘‘(2) the progress of the Secretary in establishing such data
repositories.’’.
(e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND
WORKING GROUP.—Section 1531(d)(2)(C) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 2051) is amended by striking ‘‘The Joint Artificial Intelligence
Center (JAIC)’’ 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)’’.
(f) BOARD OF ADVISORS FOR THE OFFICE OF THE SENIOR OFFI-
CIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL 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 ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a), by striking ‘‘Joint Artificial Intel-
ligence 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 prec. 4061) (referred to in this
section as the ‘Official’)’’;
(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 paragraph (2).
(g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE
REFORM PILLAR IN THE NATIONAL DEFENSE STRATEGY.—Section
234(b) of the William M. (Mac) Thornberry 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 Center’’ 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)’’.

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(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

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2469

Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. note prec. 1580) is amended—
(1) in paragraph (1), by striking ‘‘the Joint Artificial Intel-
ligence Center’’ and inserting ‘‘the office of the official des-
ignated 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 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 ‘‘THE DIRECTOR
OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER’’ and
inserting ‘‘THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSI-
BILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘the Director of the Joint Artificial
Intelligence Center’’ and inserting ‘‘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) (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 section 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
(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 inserting ‘‘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 Offi-
cial’’;

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(5) in subsection (d), by striking ‘‘the Director’’ and inserting
‘‘the Official’’;
(6) in subsection (e)—

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136 STAT. 2470 PUBLIC LAW 117–263—DEC. 23, 2022

(A) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘Center mis-
sions’’ 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’’;
(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 para-
graphs (1) and (2), respectively.
(j) BIANNUAL REPORT ON OFFICE OF THE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING.—Section 260 of the National Defense
133 Stat. 1293. Authorization Act for Fiscal Year 2020 (Public Law 116–92) is
amended—
(1) in the section heading, by striking ‘‘JOINT ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;
(2) in subsection (a)—
(A) by striking ‘‘2023’’ and inserting ‘‘2026’’; and
(B) by striking ‘‘the Joint Artificial Intelligence 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
Authorization Act for Fiscal Year 2019 (Public Law 115–
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 National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives’’ and inserting ‘‘any initiatives’’; and
(C) in paragraph (7), by striking ‘‘the Center’s invest-
ments in the National Mission Initiatives and Component
Mission Initiatives’’ and inserting ‘‘the Office’s investments
in its initiatives and other activities’’; and
(4) by striking subsection (c).
(k) CHIEF DATA OFFICER RESPONSIBILITY FOR DEPARTMENT 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, DEVELOPMENT,
AND TRANSITION ACTIVITIES.—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) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) ORGANIZATION AND ROLES.—

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‘‘(1) IN GENERAL.—In addition to designating an official
under subsection (b), the Secretary of Defense shall assign
to appropriate officials within the Department of Defense roles

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2471

and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
‘‘(2) APPROPRIATE OFFICIALS.—The officials assigned roles
and responsibilities under paragraph (1) shall include—
‘‘(A) the Under Secretary of Defense for Research and
Engineering;
‘‘(B) the Under Secretary of Defense for Acquisition
and Sustainment;
‘‘(C) one or more officials in each military department;
‘‘(D) officials of appropriate Defense Agencies; and
‘‘(E) such other officials as the Secretary of Defense
determines appropriate.’’;
(2) in subsection (e), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b)’’; and
(3) by striking subsection (h).
(m) REFERENCES.—Any reference in any law, regulation, guid- 10 USC note
ance, instruction, or other document of the Federal Government prec. 4061.
to the Director of the Joint Artificial Intelligence Center of the
Department of Defense or to the Joint Artificial Intelligence Center
shall be deemed to refer to the 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) or the office of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING IN PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
Section 4092 of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(10) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING.—The Under Secretary of Defense
for Research and Engineering may carry out a program of
personnel management authority provided in subsection (b)
in order to facilitate recruitment 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 semicolon and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(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 DES- 50 USC 4531
IGNATION OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE note.
PRODUCTION ACT PROGRAM.

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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

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136 STAT. 2472 PUBLIC LAW 117–263—DEC. 23, 2022

(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) DESIGNATION OF OTHER EXECUTIVE AGENTS.—Notwith-
standing 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 Secretary 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.’’.
10 USC 4841 SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUS-
note. TRIAL MANUFACTURING PROCESSES.
(a) AUTHORIZATION.—Subject to the availability of appropria-
tions, the Secretary of Defense shall provide support for the develop-
ment of a network of bioindustrial manufacturing facilities to con-
duct research and development to improve the ability of the indus-
trial 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 facilities
or the establishment of new facilities—
(A) to support the research and development of bio-
industrial manufacturing processes; or
(B) to otherwise expand the bioindustrial manufac-
turing 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 bioindus-
trial manufacturing processes and products to higher levels
of production; or
(3) designating a bioindustrial manufacturing facility 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 sub-
section (a) shall carry out activities relating to the research, develop-
ment, test, and evaluation of innovative bioindustrial manufac-
turing processes and the scaling of bioindustrial manufacturing
products to higher levels of production, which may include—
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial manu-
facturing processes and technologies;
(3) activities to scale bioindustrial manufacuring processes
and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related

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materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as input

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2473

to new and existing processes to aid in future 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 bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital infrastruc-
ture for collaborative data exchange across entities in the bio-
industrial manufacturing community, including 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
(11) such other activities as the Secretary of Defense deter-
mines appropriate.
(d) CONSIDERATIONS.—In determining the number, type, and Determination.
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 facili-
ties—
(A) to maximize access to biological material needed
as an input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic exper-
tise, 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 instruments; and
(E) to complement the capabilities of similar facilities;
and
(3) how the activities supported under this section can
be coordinated with relevant activities of other departments
and agencies of the Federal Government.
(e) INITIAL CONCEPT PLAN REQUIRED.— Deadlines.
(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 committees 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 deter- Assessment.
mine if, and what type of, additional bioindustrial manufac- Determination.
turing 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,

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including the types of bioindustrial manufacturing equip-
ment, if any, that are expected to be procured for each
such facility;

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136 STAT. 2474 PUBLIC LAW 117–263—DEC. 23, 2022

(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;
(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 intends to
ensure that bioindustrial manufacturing activities con-
ducted under this section are modernized digitally,
including through—
(i) the use of data automation to represent proc-
esses and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
Time period. (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 committees a briefing on the Sec-
retary’s progress in implementing 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-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY
UPGRADES TO SUPPORT CRITICAL HYPERSONIC WEAPONS
DEVELOPMENT.
(a) IN GENERAL.—Subject to the availability of appropriations
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-altitude
operational domains.
(b) TIMELINE FOR COMPLETION.—The Secretary of the Air Force
shall seek to complete any upgrade under subsection (a), subject
to availability of appropriations for such upgrade, not later than
24 months after the upgrade is commenced.
Deadlines. SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS
10 USC note OF ELECTROMAGNETIC WARFARE TECHNOLOGY.
prec. 9531.
Determination. (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 competitive processes to conduct
demonstrations and tests of commercial electronics technology to
determine whether technology currently exists that could enable
the following electromagnetic 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.

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(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple high-
power jammers at a level that is significantly better than

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2475

the protection afforded by controlled reception pattern
antennas.
(3) Simultaneous transmission from and reception of sepa-
rate 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 paragraphs (1)
through (3) in a live, virtual constructive simulation environ-
ment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) OVERSIGHT OF TESTS.—The Director of Operational Test
and Evaluation shall—
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) review other applicable government or commercial dem- Review.
onstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise 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 Director of Briefings.
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 development
and integration to incorporate technologies demonstrated and
tested under subsection (a) into specific Department of Defense
platforms and applications; and
(3) not later than 90 days after the conclusion of the Plans.
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 released on August
5, 2021.
(d) COMPETITIVENESS REQUIREMENTS.—A decision to commit,
obligate, or expend funds for the purposes outlined in this section

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shall be based on merit-based selection procedures in accordance
with the requirements of sections 3201(e) and 4024 of title 10,
United States Code, or on competitive procedures.

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136 STAT. 2476 PUBLIC LAW 117–263—DEC. 23, 2022

(e) COMMERCIAL ELECTRONICS TECHNOLOGY DEFINED.—The
term ‘‘commercial electronics technology’’ means electronics tech-
nology that is—
(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 APPLICA-
TIONS 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 Advanced Sensor Applications
Program (commonly known as ‘‘ASAP’’ and in this section
referred to as the ‘‘Program’’).
(2) RESPONSIBILITIES.—The resource sponsors of the Pro-
gram shall be responsible for the following:
(A) Developing budget requests relating to the Pro-
gram.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects
for the Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(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 Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or accessible
to the Program;
(4) edit reports or findings generated under the Program;
or
(5) coordinate and manage interactions of the Program
with external stakeholders.
(c) AUTHORITY FOR PROGRAM MANAGER.—The program 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 Program shall provide
to the congressional defense committees and congressional intel-
ligence committees (as defined in section 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 directives
relating to the Program; and

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(3) any direction and oversight of the Program exercised
by the Commander of Naval Air Systems Command, the Sec-
retary of the Navy, or the Under Secretary of the Navy.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2477

(e) STRATEGIC RELATIONSHIP.—The program manager for the
Program shall evaluate the feasibility and advisability of estab-
lishing a strategic relationship with the Naval Research Laboratory
pursuant to which the Laboratory provides scientific and technical
assistance and support for the Program.
(f) USE OF ASSETS.—The Commander of Naval Air Systems
Command shall take all actions the Commander considers reason-
able—
(1) to enable the Program to use assets controlled within
the Naval Air Systems Command enterprise, including sensor
systems and platforms; and
(2) to pursue the use of other assets that may further
the mission of the Program.
(g) TERMINATION.—This section shall have no force or effect
after September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF Deadlines.
MICROELECTRONICS. 10 USC note
prec. 3241.
(a) DEVELOPMENT AND IMPLEMENTATION OF CAPABILITY.—The
Secretary of Defense shall develop and implement a capability
for quantifiable assurance to achieve practical, affordable, and risk-
based objectives for security of microelectronics to enable the
Department of Defense to access and apply state-of-the-art micro-
electronics for military purposes.
(b) ESTABLISHMENT OF REQUIREMENTS AND SCHEDULE OF SUP-
PORT FOR DEVELOPMENT, TEST, AND ASSESSMENT.—
(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 Secretary of Defense
for Research and Engineering, establish requirements and a
schedule for support from the National Security Agency to
develop, test, assess, implement, and improve the capability
required by subsection (a).
(2) NATIONAL SECURITY AGENCY.—The Director of the
National Security Agency shall take such actions as may be
necessary to satisfy the requirements established under para-
graph (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 Director 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 expanded use
of unprogrammed application specific integrated circuits or
other custom-designed integrated circuits manufactured by a
supplier that is not using processes accredited by the Defense
Microelectronics Activity for the purpose of enabling the Depart-
ment to access commercial state-of-the-art microelectronics
technology using risk-based quantifiable assurance security
methodology, should—

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(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22,
Code of Federal Regulations, and Department of Defense

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136 STAT. 2478 PUBLIC LAW 117–263—DEC. 23, 2022

Instruction 5200.44 (relating to protection of mission crit-
ical functions to achieve trusted systems and networks);
and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such regula-
tions.
(2) BRIEFING.—Not later than April 1, 2023, the Secretary
of Defense shall provide the congressional defense committees
a briefing on the findings of the Secretary with respect to
the assessment conducted under paragraph (1).
10 USC note SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
prec. 3241. MICROELECTRONICS.
(a) ESTABLISHMENT AND DESIGNATION.—
Deadline. (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 coordination among
industry, academia, and the Department 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 ‘‘Government-Industry-
Academia Working Group on Microelectronics’’ (referred to in
this section as the ‘‘Working Group’’).
(b) COMPOSITION.—The Working Group shall be composed of
representatives of organizations and elements of the Department
of Defense, industry, and academia.
(c) SCOPE.—The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and
the Department of Defense on the following issues relating to micro-
electronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
Deadline. (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 capabili-
ties established under section 937 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2224 note) shall provide administrative support to the
Working Group.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to allow the Department of Defense to provide any
competitive advantage to any participant in the Working Group.
(g) SUNSET.—The provisions of this section shall terminate
on December 31, 2030.
10 USC 4571 SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS
note. BROADBAND INFRASTRUCTURE AT ALL MILITARY
INSTALLATIONS.

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(a) TARGET REQUIRED.—Not later than July 30, 2023, the Sec-
retary of Defense shall—

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2479

(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 specified in subsection
(c), the Secretary of Defense shall submit to the congressional
defense committees a report that includes—
(1) the metrics in use pursuant to subsection (a)(2); and
(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 10 USC 4144
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITU- note.
TIONS REGARDING NATIONAL SECURITY INNOVATION
NETWORK PROGRAMS THAT PROMOTE ENTREPRENEUR-
SHIP AND INNOVATION AT INSTITUTIONS OF HIGHER EDU-
CATION.
(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, including outreach and
technical assistance, to better connect historically 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 commencing a Deadline.
pilot program under subsection (a), the Under Secretary of Defense
for Research and Engineering shall provide to the congressional
defense committees a briefing on the program, including—
(1) an explanation of—
(A) the results of any outreach efforts conducted under
the pilot program;
(B) the success of the pilot program in expanding
National Security Innovation Network programs to histori-
cally 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 Recommenda-
can support historically Black colleges and universities and tions.
other minority-serving institutions to enable such institutions
to successfully participate in Department of Defense commer-
cialization, innovation, and entrepreneurship 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:

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(1) The term ‘‘historically Black college or university’’
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).

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136 STAT. 2480 PUBLIC LAW 117–263—DEC. 23, 2022

(2) 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)).
10 USC 4144 SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDA-
note. TIONS REGARDING DEFENSE RESEARCH CAPACITY AT
HISTORICALLY BLACK COLLEGES 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 committees a report on
the recommendations set forth in the publication of the National
Academies of Sciences, Engineering, 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 paragraph (1)
shall include the following:
(A) With respect to the recommendations and sub-
recommendations set forth in the publication described in
paragraph (1)—
(i) a description of each recommendation and sub-
recommendation the Secretary has implemented as of
the date of the report;
(ii) a description of each recommendation and sub-
recommendation the Secretary has commenced imple-
menting as of the date of the report, including a jus-
tification for determining to commence implementing
the recommendation; and
Determination. (iii) a description of each recommendation and sub-
recommendation 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 recommendation.
(B) For each recommendation or subrecommendation
the Secretary determines to implement under subpara-
graph (A)(iii)—
Timeline. (i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
Plan. (iii) the plan for implementation.
(C) For each recommendation or subrecommendation
the Secretary determines not to implement under subpara-
graph (A)(iii), a justification for the determination not to
implement the recommendation.
(3) FORMAT.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) PROGRAM TO IMPLEMENT REPORT RECOMMENDATIONS AND

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SUBRECOMMENDATIONS.—
(1) PROGRAM REQUIRED.—The Secretary of Defense shall
establish and carry out a program (referred to in this subsection

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2481

as the ‘‘Program’’) under which the Secretary carries out activi-
ties to increase the capacity of eligible institutions to achieve
very high research activity status.
(2) CONSIDERATIONS.—In establishing the Program the Sec-
retary shall consider—
(A) the recommendations and subrecommendations to
be implemented under subsection (a);
(B) the extent of nascent research capabilities and
planned research capabilities at eligible institutions and
the relevance of those capabilities to research areas of
interest to the Department of Defense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible institu-
tions to very high research activity status, including meas-
urable milestones such as growth in very high research
activity status indicators and other relevant factors;
(D) how institutions participating in the Program will
evaluate and assess progress toward achieving very high
research activity status;
(E) how such institutions will sustain an increased
level of research activity after the Program terminates;
and
(F) reporting requirements for institutions partici-
pating in the Program.
(3) CONSULTATION.—In designing the Program, the Sec-
retary 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 capacity 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 scholars;
(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, rehabilita-
tion, or retrofitting of facilities for research pur-
poses; and
(ii) such other activities as the Secretary deter-
mines appropriate.
(B) IDENTIFICATION OF PRIORITY AREAS.—The Secretary Updates.
shall establish and update, on an annual basis, a list of List.
research priorities for STEM and critical technologies
appropriate for the Program to assist eligible institutions
in identifying appropriate areas for research and related
activities.
(5) TERMINATION.—The Program shall terminate 10 years

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after the date on which the Secretary commences the Program.
(6) EVALUATION.—Not later than two years after the date Reports.
of the enactment of this Act and every two years thereafter

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136 STAT. 2482 PUBLIC LAW 117–263—DEC. 23, 2022

until the date on which the Program terminates under para-
graph (5), the Secretary shall submit 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;
Analysis. (B) an analysis of any growth in very high research
activity status indicators of eligible institutions that partici-
pated in the Program; and
(C) emerging research areas of interest to the Depart-
ment of Defense that are being pursued by such institu-
tions.
(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:
Analysis. (A) An analysis of the growth in very high research
activity status indicators of eligible institutions that partici-
pated 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 sustain that
status after the termination of the Program.
(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 conducting high
quality research in unique areas.
Recommenda- (F) Recommendations with respect to further activities
tions. and investments necessary to elevate the research status
of historically Black colleges and universities and other
minority-serving institutions.
Recommenda- (G) Recommendations as to whether the Program
tions. should be renewed or expanded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘eligible institution’’ means a historically
Black college or university or other minority-serving institution
that is classified as a high research activity 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 Institu-
tions of Higher Education.
(3) The term ‘‘historically Black college or university’’ has
the meaning given the term ‘‘part B institution’’ 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.

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(6) The term ‘‘very high research activity status’’ means
R1 status, as classified by the Carnegie Classification of Institu-
tions of Higher Education.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2483

(7) The term ‘‘very high research activity status indicators’’
means the categories used by the Carnegie Classification of
Institutions of Higher Education to delineate which institutions
have very high activity status, including—
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science
and engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in non-
science and engineering fields;
(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 researchers in
science and engineering and per-capita (faculty) number
of doctorate-level research staff including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF 10 USC 8013
PATENTABLE INVENTIONS IN THE DEPARTMENT OF THE note.
NAVY.
(a) IN GENERAL.—The Secretary of the Navy may carry out
a pilot program to expand the support available to covered personnel
who seek to engage in the development of patentable inventions
that—
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(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 assistance, and
other support for personnel interested in developing 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 per- Guidance.
sonnel, including personnel outside of the laboratories and other
research organizations of the Department of the Navy, may—
(A) seek and receive support for the development 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

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(4) carry out other such activities as the Secretary deter-
mines appropriate in accordance with the purposes of the pilot
program.

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136 STAT. 2484 PUBLIC LAW 117–263—DEC. 23, 2022

(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 Depart-
ment of the Navy, including members and employees whose
primary duties do not involve research and development.
(2) The term ‘‘patentable invention’’ means an invention
that is patentable under title 35, United States Code.
10 USC 4001 SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF
note. BATTERY TECHNOLOGIES FOR WARFIGHTERS.
(a) ESTABLISHMENT.—
Assessments. (1) IN GENERAL.—The Secretary of Defense may establish
and carry out a pilot program to assess the feasibility 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 manufac-
turing processes and technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter applica-
tions; and
(C) to transition battery technologies, including tech-
nologies developed under other pilot programs, prototype
projects, or other research and development programs, from
the prototyping phase to manufacturing production.
(2) DESIGNATION.—The pilot program established under
paragraph (1) shall be known as the ‘‘Warfighter Electric Bat-
tery Transition Project’’ (referred to in this section as the
‘‘Project’’).
(3) ADMINISTRATION.—The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) GRANTS, CONTRACTS, AND OTHER AGREEMENTS.—The Sec-
retary 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, battery producers.
(c) COORDINATION.—The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section
2901 of title 10, United States Code.
(d) USE OF GRANT AND CONTRACT AMOUNTS.—A battery pro-
ducer who receives a grant, contract, or other agreement 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 validate new
or novel battery chemistry configurations, including through—
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with other

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technologies and systems; or
(E) addressing manufacturing or other production chal-
lenges.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2485

(2) Providing commercially available battery technologies
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 recycling Assessments.
capabilities that may provide operational utility to the Depart-
ment of Defense.
(4) Building and strengthening relationships of the Depart-
ment of Defense with nontraditional defense contractors in
the technology industry that may have unused or underused
solutions to specific operational challenges of the Department
relating to battery technology.
(e) PRIORITY OF AWARDS.—In awarding grants, contracts, or Criteria.
other agreements under the Project, the Secretary shall give pref-
erence to battery producers that meet one or more of the following
criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the United
States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities 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 facili-
tates 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 chem-
istry configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for
raw materials needed for battery production.
(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 subparagraph (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 regulatory
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 Deadline.
after the date of the enactment of this Act, the Secretary

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of Defense shall submit to the congressional defense
committees the implementation plan developed under
subparagraph (A).

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136 STAT. 2486 PUBLIC LAW 117–263—DEC. 23, 2022

(2) FINAL REPORT.—Not later than one year after the date
on which the Project terminates under subsection (g), the Sec-
retary of Defense shall submit to the congressional defense
committees a final report on the results of the Project. Such
report shall include—
Summary. (A) a summary of the objectives achieved by the Project;
and
Recommenda- (B) recommendations regarding the steps that may
tions. 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 DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.
Section 139(h)(3) of title 10, United States Code, is amended—
(1) by inserting ‘‘or controlled unclassified’’ after ‘‘classi-
fied’’; and
(2) by striking ‘‘submit an unclassified version of the report
to Congress’’ and inserting ‘‘submit to Congress a version of
the report that is unclassified and does not require safeguarding
or dissemination controls’’.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS
ON STRATEGY FOR FIFTH GENERATION 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 subparagraph (A), by striking
‘‘March 15, 2022’’ and inserting ‘‘December 1, 2026’’.
10 USC 4001 SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT
note. OF NOVEL PROCESSING APPROACHES FOR DEFENSE
APPLICATIONS.
Deadline. (a) INVESTMENT PLANS REQUIRED.—Not later than November
Time period. 1, 2023, and not less frequently than once every three years there-
Termination after until December 31, 2035, the Secretary of Defense shall submit
date.
to the congressional defense committees a plan for making invest-
ments to support the development of novel processing approaches
for defense applications.
(b) ELEMENTS.—Each investment plan required by subsection
(a) shall—
(1) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, in
research and technology development to support 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 accel-

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erate the development of novel processing approaches for
defense applications, including investments in—
(A) personnel and workforce capabilities;

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2487

(B) facilities and infrastructure to host systems uti-
lizing novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded labora-
tories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage invest-
ments in novel processing approaches within the Department
and with non-Federal partners;
(4) describe the technical goals to be achieved and capabili-
ties to be developed under the plan; and
(5) include recommendations for such legislative or Recommenda-
administration actions as may support the effective execution tions.
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 biocom-
puting, 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 INFORMA-
TION AND COMMUNICATIONS TECHNOLOGY WITHIN THE
MILITARY DEPARTMENTS.
(a) THREE-YEAR TRANSITION PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after the date Deadline.
of the enactment of this Act, each Assistant Secretary concerned
shall develop and submit to the congressional defense commit-
tees a plan that specifies—
(A) the extent to which fifth generation information
and communications technology (5G) infrastructure is
expected to be implemented in the military 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 paragraph (1)
shall include—
(A) an operational needs assessment that identifies Assessment.
the highest priority areas in which the Assistant Secretary
intends to implement fifth generation information and
communications technologies during the three-year period
described in paragraph (1);
(B) an explanation of—
(i) whether and to what extent the Assistant Sec-
retary intends to use an open radio access network

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approach in implementing fifth generation information
and communications technologies in the areas identi-
fied under subparagraph (A); and

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136 STAT. 2488 PUBLIC LAW 117–263—DEC. 23, 2022

(ii) if the Assistant Secretary does not intend to
use such an open radio access network approach, an
explanation of the reasons for such determination;
Funding (C) an investment plan that includes funding esti-
estimates. mates, by fiscal year and appropriation account, to accel-
erate—
(i) the maturation and acquisition of fifth genera-
tion information and communications capabilities that
use the open radio access network approach; and
(ii) the deployment of such capabilities in the facili-
ties and systems of the military department concerned;
(D) metrics and reporting mechanisms to ensure
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 depart-
ment concerned to facilitate the deployment of fifth genera-
tion information and communications technologies;
(F) actions the Assistant Secretary intends to carry
out to streamline the process for establishing fifth genera-
tion wireless coverage at military installations, including
actions to reduce delays caused by policies and processes
relating to contracting, communications, and the use of
real property;
(G) identification of investments that are required 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 Secretary con-
siders appropriate.
(3) COORDINATION.—In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall coordi-
nate with—
(A) the Chief Information Officer of the Department
of Defense;
(B) and the Under Secretary of Defense for Acquisition
and Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) FORM OF PLAN.—Each plan required under paragraph
(1) shall be submitted in unclassified form.
(b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
Deadline. (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 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 defense
committees a briefing on the findings of the team with respect
to such assessment.
Recommenda- (2) ELEMENTS.—The briefing provided under paragraph (1)

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tions. shall include the following:
(A) Recommendations to further accelerate the deploy-
ment of fifth-generation information and communications

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2489

technologies that use the open radio access network
approach across the Department of Defense.
(B) Recommendations to standardize and streamline
the process for establishing fifth generation wireless cov-
erage at military installations, including 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 wireless standards-
setting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(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 con-
cerning the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters con-
cerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for Acquisi-
tion, Technology, and Logistics, with respect 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 vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY INNOVATION FELLOWSHIP PROGRAM.
(a) IN GENERAL.—The Director of the Defense Advanced
Research Projects Agency shall develop a plan for the 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 subsection (a),
the Director of the Defense Advanced Research Projects Agency
shall—
(1) review the types of programs, projects, and other activi- Review.
ties of the Agency that may be open to participation from
early career scientists to identify opportunities for the expan-
sion of such participation;
(2) identify criteria for evaluating applicants to the fellow- Criteria.
ship 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 Assessment.
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines

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appropriate.
(c) SUBMITTAL TO CONGRESS.—Not later than 180 days after Reports.
the date of the enactment of this Act, the Director of the Defense

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136 STAT. 2490 PUBLIC LAW 117–263—DEC. 23, 2022

Advanced Research Projects Agency shall submit to the congres-
sional defense committee a report that includes—
(1) the plan developed under subsection (a); and
Recommenda- (2) recommendations for expanding opportunities for early
tions. 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.
10 USC 4001 SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING
note. THE DEFENSE INNOVATION ECOSYSTEM.
Deadline. (a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Under Secretary of Defense
for Research and Engineering, shall develop—
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) PURPOSES.—
(1) STRATEGY.—The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are bene-
ficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) IMPLEMENTATION PLAN.—The purpose of the
implementation plan required by subsection (a)(2) is to pro-
vide—
(A) concrete steps and measures of effectiveness to
gauge the effect of the innovation ecosystems described
in paragraph (1) on the Department; and
Assessment. (B) a means for assessing the effectiveness of the
strategy developed under subsection (a)(1), including the
approaches taken by the Department to grow, foster, and
sustain such innovation ecosystems.
(c) ELEMENTS.—The strategy and the implementation plan
required by subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting innova-
tion ecosystems with potential to provide benefit to the Depart-
ment of Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to support
or cease supporting identified ecosystems.
(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 innova-
tion ecosystems.
(4) For each innovation ecosystem supported by the Depart-
ment—
(A) a description of the core competencies or focus

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areas of the ecosystem;
(B) identification of any organizations or elements of
the Department that engage with the ecosystem;

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2491

(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 successes asso-
ciated with such ecosystem.
(5) Such other elements as the Secretary considers appro-
priate.
(d) INTERIM BRIEFING.—Not later than 90 days after the date Deadline.
of the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the strategy
and implementation plan developed under subsection (a).
(e) SUBMITTAL OF STRATEGY AND PLAN.—Not later than 180 Deadline.
days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
the strategy and implementation plan developed under subsection
(a).
(f) QUADRENNIAL UPDATES.—Not later than March 1, 2027, Deadline.
and not less frequently than once ever four years thereafter until
December 31, 2039, the Secretary shall—
(1) update the strategy and plan developed under sub-
section (a); and
(2) submit the updated strategy and plan to the congres-
sional defense committees.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Defense research, develop-
ment, test, and evaluation assets’’ includes the following:
(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 manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10, United
States Code) that carry out activities using funds appro-
priated for research, development, test, and evaluation.
(F) Any other organization or element of the Depart-
ment of Defense that carries out activities using funds
appropriated for research, development, test, and evalua-
tion.
(2) The term ‘‘innovation ecosystem’’ refers to a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC
TESTING CAPACITY OF THE DEPARTMENT OF DEFENSE.
(a) ASSESSMENT.—The Secretary of Defense shall assess the
capacity of the Department of Defense to test, evaluate, and qualify
the hypersonic capabilities and related technologies of the Depart-

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ment.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:

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136 STAT. 2492 PUBLIC LAW 117–263—DEC. 23, 2022

(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense
will conduct 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.
(2) An identification of test facilities outside the Depart-
ment of Defense that have potential to be used to expand
the capacity described in subsection (a), including test facilities
of other departments and agencies of the Federal Government,
academia, and commercial test facilities.
Analysis. (3) An analysis of the capability of each test facility identi-
fied under paragraph (2) to simulate various individual and
coupled hypersonic conditions to accurately simulate a realistic
flight-like environment with all relevant aero-thermochemical
conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and agencies
of the Federal Government, as available.
Analysis. (5) An analysis of the test frequency, scheduling lead time,
test cost, and capacity of each test facility identified under
paragraph (2).
Review. (6) A review of test facilities identified under paragraph
(2) that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other tech-
nologies, including sensors, communications, thermal protective
shields and materials, optical windows, navigation, and environ-
mental sensors.
Assessment. (7) An assessment of any cost savings and time savings
that could result from using technologies identified in the
strategy under subsection (c).
(c) STRATEGY.—
Deadline. (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 tech-
nologies.
(2) ELEMENTS.—The strategy under paragraph (1) shall—
(A) be based on the assessment under subsection (a);
Plan. (B) address how the Secretary will coordinate with
other departments and agencies of the Federal Govern-
ment, 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 tech-
nologies of the Department of Defense;
(C) to the extent practicable, address in what cases
the Secretary can use test facilities identified under sub-
section (b)(2) to fill any existing testing requirement gaps
to enhance and accelerate flight qualification of critical
hypersonic technologies of the Department;

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(D) identify—
Cost estimates. (i) the resources needed to improve the frequency
and capacity for testing hypersonic technologies of the

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2493

Department at ground-based test facilities and flight
test ranges, including 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;
(ii) the resources needed to reimburse other depart-
ments and agencies of the Federal Government for
the use of the test facilities and ranges of those depart-
ments or agencies to test the hypersonics technologies
of the Department;
(iii) the requirements, approval processes, and
resources needed to enhance, as appropriate, the
testing capabilities and capacity of other Federal
Government-owned test facilities and flight ranges, in
coordination with the heads of the relevant depart-
ments and agencies;
(iv) investments that the Secretary can make to
incorporate test facilities identified under subsection
(b)(2) into the overall hypersonic test infrastructure
of the Department of Defense; and
(v) the environmental conditions, testing sizes, and
duration required for flight qualification of both
hypersonic cruise and hypersonic boost-glide tech-
nologies of the Department; and
(E) address all advanced or emerging technologies that
could shorten timelines and reduce costs for hypersonic
missile testing, including with respect to—
(i) 3D printing of hypersonic test missile compo-
nents including the frame, warhead, and propulsion
systems;
(ii) reusable hypersonic test beds, including air-
launched, sea-launched, and ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms 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 coordination with the Pro-
gram Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space Adminis-
tration, the research laboratories of the military departments,
and the Department of Defense Test Resource Management
Center.
(d) REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM
FREQUENCY OF HYPERSONIC WEAPONS TESTING.—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 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

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the Navy, once such system reaches initial operational capability.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—The
term ‘‘appropriate congressional committees’’ means the following:

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136 STAT. 2494 PUBLIC LAW 117–263—DEC. 23, 2022

(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY
FUNDED RESEARCH AND DEVELOPMENT CENTERS.
(a) ANNUAL REPORT REQUIRED.—On an annual basis, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
identifies and provides information about the studies and reports
undertaken for the Department of Defense by federally funded
research and development centers.
(b) ELEMENTS.—Each report submitted under subsection (a)
shall set forth the following:
List. (1) A list identifying each study and report undertaken
by a federally funded research center for the Department 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 report
under subsection (a).
(2) For each study and report listed under paragraph (1),
the following:
(A) The title of the study or report.
(B) The federally funded research and development
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 conducted.
(D) The completion date or anticipated completion 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.
(2) Technical reports associated with scientific research
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 funded research and
development center concerned.
(d) SPECIAL RULE.—Each report under subsection (a) shall be
generated using the products and processes generated 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

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under subsection (a) shall terminate on the date that is three
years after the date of the enactment of this Act.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2495
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES
COMMAND RESEARCH PROGRAM REALIGNMENT 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 the National Acad-
emies of Sciences, Engineering, and Medicine 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 Determinations.
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 imple-
menting the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or com-
menced implementing and a determination as to whether or
not to implement the recommendation.
(4) For each recommendation under paragraph (3) the Sec-
retary determines to implement, the following:
(A) A timeline for implementation. Timeline.
(B) A description of any additional resources or authori-
ties required for implementation.
(C) The plan for implementation. Plan.
(5) For each recommendation under paragraph (3) the Sec-
retary determines not to implement, a justification 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 UTILIZATION OF Arizona.
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 Defense, acting
through the Chair of the Electronic Warfare Executive Committee
of the Department of Defense, shall submit 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 conducted
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 additional
testing activities;
(4) the possibility of using the range for the testing activi-
ties 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 elec-
tronic warfare training;
(6) electronic warfare training shortfalls at domestic mili-

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tary installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.

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136 STAT. 2496 PUBLIC LAW 117–263—DEC. 23, 2022

(c) CONSULTATION.—In preparing the report under subsection
(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 Department of
Defense.
(3) The Director of Operational Test and Evaluation of
the Department of Defense.
(4) The Commander of the United States Strategic Com-
mand.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Func-
tional Team established pursuant to section 911(c) of the
National Defense Authorization Act for 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 UNDERPERFORMING
SOFTWARE AND INFORMATION TECHNOLOGY.
Contracts. (a) STUDY REQUIRED.—The Secretary of Defense shall seek
to enter into a contract or other agreement with an eligible entity
to conduct an independent study on the challenges associated with
the use of software and information technology in the Department
of Defense, the effects of such challenges, and potential solutions
to such challenges.
(b) ELEMENTS.—The independent study conducted under sub-
section (a) shall include the following:
Survey. (1) A survey of members of each Armed Force under the
jurisdiction of a Secretary of a military department to identify
the most important software and information technology chal-
lenges that result in lost working hours, including—
Estimate. (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 servicemember
and employee retention; and
(C) any negative effects of each challenge on a mission
of the Armed Force or military department concerned.
Summary. (2) A summary of the policy or technical challenges that
Determination. limit the ability of each Secretary of a military department
to implement needed software and information technology
reforms, which shall be determined based on interviews con-
ducted with individuals who serve as a chief information officer
(or an equivalent position) in a military department.
(3) Development of a framework for assessing underper-
forming software and information technology, with an emphasis
on foundational information technology to standardize the
measurement and comparison of programs across the Depart-
Assessment. ment of Defense and its component organizations. Such a frame-
work shall enable the assessment of underperforming software
and information technology based on—
(A) designs, interfaces, and functionality which

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prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2497

(D) comparisons between—
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information tech-
nology in the Department compared to the overhead costs
for comparable software and information technology in the
private sector;
(F) comparison of the amounts the Department planned
to expend on software and information technology services
versus the amounts actually spent for such software and
services;
(G) the mean amount of time it takes to resolve tech-
nical problems reported by users;
(H) the average rate, expressed in time, for remediating
or patching weaknesses or flaws in information tech-
nologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations— Recommenda-
(A) to address the challenges identified under para- tions.
graph (1); and
(B) to improve the processes through which the Sec-
retary provides software and information technology
throughout the Department, including through—
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software tech-
nology 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 committees a report on the
results of such study.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible entity’’ means an independent 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 Department of Defense.
(2) The term ‘‘software and information technology’’ does
not include embedded software and information technology used
for weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL
TEST AND EVALUATION RESOURCES SUPPORTING CER-
TAIN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) STUDY.—The Director of Operational Test and Evaluation Determination.
of the Department of Defense shall conduct a study of at least

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one major defense acquisition program within each covered Armed
Force to determine the sufficiency of the operational test and evalua-
tion resources supporting such program.

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136 STAT. 2498 PUBLIC LAW 117–263—DEC. 23, 2022

Determinations. (b) ELEMENTS.—The study under subsection (a) shall include,
with respect to each major defense acquisition program evaluated
as part of the study, the following:
Assessment. (1) Identification and assessment of the operational test
and evaluation resources supporting the program—
(A) as of the date of the study;
Time period. (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 resources deter-
mined to be insufficient to meet the needs of the program,
an evaluation of the amount of additional funding and any
other support that may be required to ensure the sufficiency
of such resources.
(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 Operational 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 Evalua-
tion 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 resources’’
means the facilities, specialized test assets, schedule, workforce,
and any other resources supporting operational test and evalua-
tion 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 exposure 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

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performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or
hydrogen-powered vehicles for the Department of Defense.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2499
Sec. 318. Clarification and requirement for Department of Defense relating to re-
newable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and pro-
motion 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 extreme
weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain mili-
tary 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 recy-
cling.
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 installa-
tions.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of
Defense with electric vehicles, advanced-biofuel-powered vehicles, or hy-
drogen-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 implications 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 Substances 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 property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations
from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense pro-
curement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objec-
tives 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 readiness
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 Ship-
yard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support oper-
ations.
Sec. 358. Notification of modification to policy regarding retention rates for Navy

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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.

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136 STAT. 2500 PUBLIC LAW 117–263—DEC. 23, 2022
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 distribution
points in United States Indo-Pacific Command area of responsibility.
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 unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production fa-
cility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level main-
tenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for per-
formance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safe-
ty 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 responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
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 installations.
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 sanitation
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 coun-
termeasures platforms.

Subtitle A—Authorization of
Appropriations
SEC. 301. 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 operation and maintenance, as specified in the
funding table in section 4301.

Subtitle B—Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.
10 USC Chapter 7 of title 10, United States Code, is amended by

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prec. 171. inserting after section 182 the following new section (and con-
forming the table of sections at the beginning of such chapter
accordingly):

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2501

‘‘§ 182a. Center for Excellence in Environmental Security 10 USC 182a.
‘‘(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-military oper-
ations, particularly operations that require international assistance
and operations that require coordination between the Department
of Defense and other Federal agencies.
‘‘(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 environmental
insecurity with respect to—
‘‘(i) access to water, food, and energy;
‘‘(ii) related health matters; and
‘‘(iii) matters relating to when, how, and why environ-
mental 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 connection
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 Sec-
retary 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 facilities) of that agency, and
may detail any personnel of that agency to the Center, for the
purpose of enabling the development of global environmental indica-
tors.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Secretary of Defense may enter into an agreement with Contracts.
appropriate officials of an institution of higher education to provide
for the operation of the Center. Any such agreement shall provide
for the institution to furnish necessary administrative services for
the Center, including by directly providing such services or pro-
viding the funds for such services.
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided 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 Federal Government,
any State or local government, any foreign government, any founda-
tion 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 compromise or appear

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to compromise—
‘‘(A) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces, to

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136 STAT. 2502 PUBLIC LAW 117–263—DEC. 23, 2022

carry out any responsibility or duty of the Department or
the armed forces in a fair and objective manner; or
‘‘(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
Guidance. ‘‘(3) The Secretary shall prescribe written guidance setting forth
Criteria. the criteria to be used in determining whether or not the acceptance
Determination. 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 appropria-
tions available to the Department of Defense for the Center. Funds
so credited shall be merged with the appropriations to which cred-
ited and shall be available for the Center for the same purposes
and the same period as the appropriations 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:
10 USC 2694d. ‘‘§ 2694d. Participation in pollutant banks and water quality
trading
Payments. ‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized
activity that may or will result in the discharge 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 January 13, 2003, set forth by the
Office of Water of the Environmental Protection Agency, or any
successor administrative guidance or regulation.
‘‘(b) TREATMENT OF PAYMENTS.—Payments made under sub-
section (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 Pollution 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 begin-
10 USC ning of such chapter is amended by inserting after the item relating
prec. 2661. to section 2694c following new item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RES-
TORATION PROGRAM FOR STATE-OWNED FACILITIES OF
THE NATIONAL GUARD WITH PROVEN EXPOSURE OF HAZ-
ARDOUS 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 facility’ includes
land owned and operated by a State when such land is used
for training the National Guard pursuant to chapter 5 of title

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32 with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land
is not under the jurisdiction of the Department of Defense.’’.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2503

(b) AUTHORITY FOR DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.—Section 2701(a)(1) of such title is amended, in the first
sentence, by inserting ‘‘and at State-owned National Guard facili-
ties’’ 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 pursuant to chapter
5 of title 32 with funds provided by the Secretary of Defense
or the Secretary of a military department at the time
of actions leading to contamination by hazardous sub-
stances or pollutants 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:
‘‘(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, Assessments.
for the year covered by the report, the following:
‘‘(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental Res-
toration 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 Defense of
the overall progress of such program.
‘‘(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
‘‘(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
‘‘(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
‘‘(5) An assessment by the Secretary of the progress made
by the Department in achieving the objectives and goals of
the Environmental Technology Program of the Department.
‘‘(c) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing environmental
restoration, compliance, and resilience.’’.
(b) ENERGY REPORT.—
(1) IN GENERAL.—Section 2925 of such title is amended—

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(A) by amending the section heading to read as follows:
‘‘Annual report on energy performance, resilience,
and readiness of Department of Defense’’; and

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136 STAT. 2504 PUBLIC LAW 117–263—DEC. 23, 2022

(B) by striking subsections (a) and (b) and inserting
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 detailing the fulfill-
ment during that fiscal year of the authorities and requirements
under sections 2688, 2911, 2912, 2920, and 2926 of this title,
including progress on energy resilience at military installations
and the use of operational energy 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 following:
‘‘(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, return on
investment, and enhancements to installation 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 Defense, including associ-
ated metrics pursuant to subsections (c) and (d) of section
2911 of this title and requirements under section 2688(g)
of this title.
Evaluation. ‘‘(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 description of the purpose
for which such amounts have been used.
Time period. ‘‘(2) Statistical information on operational energy demands
of the Department, in terms of expenditures and consumption,
for the preceding five fiscal years, including information on
funding made available in regular defense appropriations Acts
and any supplemental appropriations Acts.
Summary. ‘‘(3) A description of each initiative related to the oper-
Time periods. ational energy strategy of the Department and a summary
of funds appropriated for each initiative in the previous fiscal
year and current fiscal year and requested for each initiative
for the next five fiscal years.
Recommenda- ‘‘(4) Such recommendations as the Secretary considers
tions. appropriate for additional changes in organization or authority
within the Department to enable further implementation of
the energy strategy and such other comments and recommenda-
tions as the Secretary considers appropriate.
‘‘(c) CLASSIFIED FORM.—If a report under subsection (a) is sub-

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mitted in classified form, the Secretary of Defense shall, concur-
rently with such report, submit to the congressional defense commit-
tees an unclassified version of the report.

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2505

‘‘(d) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing energy perform-
ance, resilience, and readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 173 of such title is 10 USC
amended by striking the item relating to section 2925 and prec. 2924.
inserting the following new item:
‘‘2925. Annual report on energy performance, resilience, and readiness of Depart-
ment of Defense.’’.
(c) CONTINUATION OF REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Section 1080(a) of the National Defense 10 USC 111 note.
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:
(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 National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended by striking para-
graphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES 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 opportuni-
ties on installations under the jurisdiction of such Secretary and
shall consider aggregate energy conservation 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 measures
under paragraph (1), the Secretary concerned shall incorporate
all funding available to such Secretary for such measures,
including—
‘‘(A) appropriated funds, such as—
‘‘(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
‘‘(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Depart-
ment; and
‘‘(B) funding available under performance contracts, such
as energy savings performance contracts and utility energy
service contracts.’’.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY
PERFORMANCE GOALS AND ENERGY PERFORMANCE
MASTER PLAN.

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Section 2911(e) of title 10, United States Code, is amended
by adding at the end the following new paragraphs:

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136 STAT. 2506 PUBLIC LAW 117–263—DEC. 23, 2022

‘‘(14) The reliability and security of energy resources in
the event of a military conflict.
‘‘(15) The value of resourcing energy from partners and
allies of the United States.’’.
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 inserting
‘‘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 period speci-
fied in subsection (a),’’ after ‘‘from authorizing’’; and
(4) by adding at the end the following new subsections:
Effective date. ‘‘(d) REQUIREMENT.—Except as provided in subsection (e), begin-
ning on October 1, 2035, each covered nontactical vehicle purchased
or leased by or for the use of the Department 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
‘‘(3) a hydrogen-powered vehicle.
‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE
Effective date. CONSUMPTION OF FOSSIL FUELS.—Notwithstanding the requirement
Determination. under subsection (d), beginning on October 1, 2035, the Secretary
of Defense may authorize the purchase or lease of a covered nontac-
tical 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 purchased
or leased reduces the consumption of fossil fuels compared
to vehicles that use conventional internal combustion tech-
nology;
‘‘(2) the purchase or lease of such vehicle is consistent
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 sub-
section (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’ includes
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 ‘covered nontactical vehicle’ means any

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vehicle—
‘‘(A) that is not a tactical vehicle designed for use
in combat; and

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2507

‘‘(B) that is purchased or leased by the Department
of Defense pursuant to a contract entered into, renewed,
modified, or amended on or after October 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 combustion.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 173 of such title is amended 10 USC
by striking the item relating to section 2922g and inserting the prec. 2922.
following new item:
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems;
purchase or lease of certain electric and other vehicles.’’.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF
DEFENSE RELATING TO RENEWABLE BIOMASS AND
BIOGAS.
Section 2924 of title 10, United States Code, is amended—
(1) in paragraph (6)—
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) Biogas.’’; and
(2) by adding at the end the following new paragraphs: Definitions.
‘‘(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 REDUCTION
OF FUEL RELIANCE AND PROMOTION OF ENERGY-AWARE
BEHAVIORS.
(a) ESTABLISHMENT.—Subchapter III of chapter 173 of title
10, United States Code, is amended by adding at the end the 10 USC
following new section (and conforming the table of sections at the prec. 2924.
beginning of such subchapter accordingly):
‘‘§ 2928. Programs on reduction of fuel reliance and pro- 10 USC 2928.
motion of energy-aware behaviors
‘‘(a) ESTABLISHMENT.—Each Secretary of a military department
shall establish a program for the promotion of energy-aware behav-
iors and the reduction of unnecessary fuel consumption within
that military department.
‘‘(b) GOALS.—The goals of the programs established under sub-
section (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 Depart-
ment.
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the program of

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a military department under subsection (a), the Secretary of the
military department shall carry out, with respect to the military
department, and at a minimum, the following:

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136 STAT. 2508 PUBLIC LAW 117–263—DEC. 23, 2022

‘‘(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 consumption, including
through—
‘‘(A) the incorporation of energy conservation and resil-
iency principles into training curricula and other training
materials of the military department, including by updating
such materials to include information on the effect of
energy-aware behaviors on improving readiness and combat
capability; and
‘‘(B) the review of standard operating procedures, and
other operational manuals and procedures, of the military
department, to identify procedures that increase fuel
consumption with no operational benefit.
‘‘(3) The integration of operational energy factors into the
wargaming of the military department and related training
activities that involve the modeling of scenarios, 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 logistics.
‘‘(4) The implementation of data-driven procedures, oper-
ations planning, and logistics, to optimize cargo transport and
refueling operations within the military department.
‘‘(d) WARGAMING ELEMENTS.—In integrating operational energy
factors into the wargaming and related training 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 activities include—
‘‘(1) coordination with the elements of the military depart-
ment 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 management
processes and fuel supply logistics.’’.
10 USC 2928 (b) DEADLINE FOR ESTABLISHMENT.—The programs required
note. 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.
Deadline. (c) BRIEFING.—Not later than 180 days after the date of enact-
ment of this Act, each Secretary of a military department 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 DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL
ENERGY NEEDS OF DEPARTMENT OF DEFENSE.

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Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1653) is amended by
adding at the end the following new subsection:

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PUBLIC LAW 117–263—DEC. 23, 2022 136 STAT. 2509

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