[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7776 Enrolled Bill (ENR)]
H.R.7776
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two
An Act
To authorize 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, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) In General.--This Act may be cited as the ``James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023''.
(b) References.--Any reference in this or any other Act to the
``National Defense Authorization Act for Fiscal Year 2023'' shall be
deemed to be a reference to the ``James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 11 divisions as follows:
(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
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.
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 mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project
authority.
Sec. 212. Clarification of role of senior official with principal
responsibility for artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
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 warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-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 generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship 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 Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources 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 renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of Department
of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
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 procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives 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 following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
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 facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and repair
workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
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 countermeasures platforms.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from 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 departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' 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 certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior 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 occupational 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 recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public 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 aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
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 remains 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 members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide 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 purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington 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
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces assigned
to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for 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 congressional 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 relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
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 Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
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 individuals 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: certification 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 violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions.
Sec. 816. Modification of provision relating to determination of certain
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 processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
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 excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills 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 certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
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 technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
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 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy
Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief
Management 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 relating to alignment of Close Combat Lethality
Task Force.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic
spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management
systems.
Sec. 918. Report on potential transition of all members of the Space
Force into a single component.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans
review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions
directly concerning 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 individuals 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, Guantanamo 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 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.
Sec. 1047. Introduction of entities in transactions critical to national
security.
Sec. 1048. Joint training pipeline between United States Navy and Royal
Australian Navy.
Sec. 1049. Standardization of sectional barge construction for
Department of Defense use on rivers and intercoastal
waterways.
Sec. 1050. Department of Defense support for recently enacted
commissions.
Subtitle F--Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support
operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement
relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
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
enhancement of information sharing and coordination of
military training between 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 aircraft to other departments of the Federal Government
and authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence,
surveillance, 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 between 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 authorities to address immigration at the southwest
border.
Sec. 1071. Annual report on procurement of equipment by State and local
governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational
institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on
Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major
units of the United States Armed Forces to certain European
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 attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of
operations of United States Indo-Pacific Command.
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 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 exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense
civilian 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 employees 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 Department 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 appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract
experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic
shaping of the workforce to improve the technical skills and
expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for
noncompetitive appointments of military spouses by federal
agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of
cyber and information technology personnel to private sector
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 Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational
centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an
Irregular 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 operations.
Sec. 1207. Modification and extension of authority to support border
security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for
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 Program.
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 of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted
Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide
assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish
Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated networks linked to
the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D--Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance
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 involving 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 Russian Federation over internationally recognized
territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of
short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security
developments involving the People's Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to
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 cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin
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
investments made by the Government of the People's Republic of
China and entities directed or backed by the Government of the
People's Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in
the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States
military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in
the Indo-Pacific region.
Subtitle F--Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations
Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture
in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist
organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared
national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the
partnership among Australia, the United Kingdom, and the
United States.
Sec. 1277. Modification and extension of United States-Israel
cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and
observers.
Sec. 1279. Briefing on Department of Defense program to protect United
States students against foreign agents.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B--National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling
Act.
Sec. 1412. Modification of acquisition authority under Strategic and
Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense
Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged
conflict.
Subtitle C--Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain 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 advise Secretary of Defense on cybersecurity
matters.
Sec. 1506. Alignment of Department of Defense cyber international
strategy with National Defense Strategy and Department of
Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of
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 systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial
intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity
capabilities.
Subtitle B--Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation
in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense
information and influence operations conducted through
cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission
of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of
information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission
of assessments relating to cybersecurity of the defense
industrial base.
Subtitle C--Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for
the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path
study.
Sec. 1537. Study to determine optimal strategy for structuring and
manning elements of Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for
Department 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 intelligence.
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 enabled 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 delivery schedules for segments of major satellite
acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space
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 Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support 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.
Subtitle D--Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the
ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense
information and systems.
Sec. 1654. Next generation interceptors for missile defense of United
States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile
defense programs to the military departments.
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 homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to
certain 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 provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for
Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability
and capacity 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.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized energy resilience and conservation investment
program projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
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 activities 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 energy 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 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.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391
with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B--Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements
and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical
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 federally 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 installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D--Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
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 natural disasters with emergency short-term
housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States
military installations by the People's Republic of China.
Subtitle F--Other Matters
Sec. 2861. Required consultation with State and local entities for
notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the
report on strategic seaports in Defense Community
Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense
community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable
building materials 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 construction 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 centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot
Project.
Sec. 2873. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with
civil aviation.
Sec. 2875. Electrical charging capability construction requirements
relating to parking for Federal Government motor vehicles.
TITLE XXIX--FALLON RANGE TRAINING COMPLEX
Subtitle A--Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B--Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I--Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II--Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear
weapons.
Sec. 3112. Modifications to long-term plan for meeting national security
requirements 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 vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for
laboratory-directed 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 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to
the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to
plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced
manufacturing development.
Sec. 3126. Authorization of workforce development and training
partnership programs within National Nuclear Security
Administration.
Subtitle C--Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense
Act and other provisions.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Subtitle A--Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime
Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by other Federal
departments and agencies.
Subtitle B--Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States
Government works.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy
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 seaports.
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.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Subtitle A--Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated States.
Subtitle B--Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of
information on Department of Veterans Affairs home loan
benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of
Veterans Affairs.
Subtitle C--Other Matters
Sec. 5121. Improved application of employment and reemployment rights of
all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of
Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing
Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of
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 status.
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 Congress.
Sec. 5233. Availability of information to Congress on certain
allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5251. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to
Inspectors General.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-
governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the Afghanistan special
immigrant visa program.
TITLE LIII--OVERSIGHT AND REFORM MATTERS
Subtitle A--General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI
reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B--PLUM Act of 2022
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, defeat 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 Taiwan.
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
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan's meaningful participation in the
international community.
Sec. 5518. Strategy to support Taiwan's meaningful participation in
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
Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People's Republic of China's nuclear threat
in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia's war against Ukraine
on the objectives of the People's Republic of China with
respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic
relations with Taiwan.
Part 5--Supporting United States Educational and Exchange Programs With
Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs
with Taiwan.
Part 6--United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7--Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B--United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign
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 international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of
foreign law enforcement agencies with respect to covered
synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to
illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D--International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States' international response to
pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention,
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 perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to
Burma.
Sec. 5574. Sunset.
Part 3--Authorizations of Appropriations for Assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4--Efforts Against Human Rights Abuses
Sec. 5578. Authorization to provide technical assistance for efforts
against human rights abuses.
Part 5--Sanctions Exception Relating to Importation of Goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F--Promotion of Freedom of Information and Countering of
Censorship and Surveillance in North Korea
Sec. 5580. Short title.
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 surveillance in North Korea.
Subtitle G--Other Matters
Sec. 5585. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef
Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act
of 2022.
Subtitle H--Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in
Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation
with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and
participation in the international counterterrorism academy in
Cote d'Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family
members in North Korea.
Subtitle I--Sense of Congress Provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons
by Iran.
TITLE LVI--TRANSPORTATION AND INFRASTRUCTURE
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
TITLE LVII--FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian
Development Bank assistance to the People's Republic of China.
Sec. 5702. Support for international initiatives to provide debt
restructuring or relief to developing countries with
unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII--FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A--Data Standards for Covered Agencies; Department of the
Treasury Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B--Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange
Commission.
Sec. 5822. Open data publication by the Securities and Exchange
Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C--Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance
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 Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G--National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union
Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H--Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I--Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX--OTHER MATTERS
Subtitle A--Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the
Northern Mariana Islands for certain nonimmigrant H-2B
workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E-1 and
E-2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors'
bill of rights.
Sec. 5904. Extending the statute of limitations for certain money
laundering offenses.
Subtitle B--Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and
specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed
ledger technology.
Sec. 5914. Technical corrections.
Subtitle C--FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D--Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
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.
DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by
law.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment
activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement
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 materials.
Sec. 6306. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel
of intelligence community in positions highly vulnerable to
cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national
security systems.
Sec. 6310. Review and briefing on intelligence community activities
under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for
export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic
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 functions.
Sec. 6412. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence Agency for certain
injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide
protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce
wellbeing.
Subtitle C--Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence
community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D--Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance
Office.
Sec. 6432. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership
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 Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of
advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone
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
administration 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 insider 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 community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and
information of urgent concern received by inspectors general
of the intelligence community.
TITLE LXVII--MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A--General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National
Intelligence for artificial 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 integration.
Sec. 6713. Pilot program on designated emerging technology transition
projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility
access by certain contractors; reports on expansion of
security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of
Federal Acquisition Regulation relating to commercially
available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts
for 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 community.
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 Oversight 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 unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of
synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western
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 Russian 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 undertake an effort to identify International Mobile
Subscriber Identity-catchers.
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-Intelligence 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.
Sec. 6817. Report on strengthening workforce diversity planning and
oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to
digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence
activities.
Sec. 6820. Report on declassification efforts of Central Intelligence
Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding
controlled 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-protege 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 vehicular 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
recommendations.
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.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial
intelligence capabilities to demonstrate modernization
activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C--Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D--Congressionally Mandated Reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated
reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
TITLE LXXIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Subtitle A--Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B--Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological
hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C--Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H--WATER RESOURCES
TITLE LXXXI--WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A--General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration
projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian
Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory
Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities;
outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development
projects.
Sec. 8125. Payment of pay and allowances of certain officers from
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
responsibilities.
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.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois
River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley,
Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project,
Texas.
Sec. 8222. Sabine-Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
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 concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of
open space, recreational areas, and habitat associated with
project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources
development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers.
Subtitle C--Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and
ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver
Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles
County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County,
California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin,
California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon
Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and
Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North
Kansas Levees units, Missouri River and tributaries at Kansas
Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation
and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa,
and Nebraska.
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.
DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.
Sec. 9002. Definitions.
TITLE XCI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and
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
development 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 immunities.
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 Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain
monthly workers' compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign
Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign
Service.
Sec. 9220. Expanding scope of fellowship programs to include civil
servants.
TITLE XCIII--EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and
Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands,
Kiribati, and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
Sec. 9401. Report on barriers to applying for employment with the
Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department
of State workforce.
Sec. 9405. Rule of construction.
TITLE XCV--INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber
threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
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 diplomacy.
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 private, 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
approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources
abroad.
Sec. 9711. Overseas United States strategic infrastructure development
projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications
through United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to
ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under
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.
TITLE CI--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE
GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII--REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII--NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization
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
Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
TITLE CV--VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and
Monitoring System.
TITLE CVI--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
TITLE CXI--AUTHORIZATIONS
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional
vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction
improvement.
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 procure cost-effective technology for mission
needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E-LORAN.
Subtitle B--Great Lakes
Sec. 11212. Great Lakes winter commerce.
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 demands.
Subtitle C--Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D--Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous
control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and
establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine
transportation 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 particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and
denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain
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
Sec. 11255. Modification of prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and
facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at
Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast
Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities
associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing
for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant
interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H--Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit
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 operations 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 administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase
energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E--Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set
in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2--Strengthening International Fisheries Management To Combat
Human Trafficking
Sec. 11336. Denial of port privileges.
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
personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV--MARITIME
Subtitle A--Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger
vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard
oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B--Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant
mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C--Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
TITLE CXVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for
suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A--National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of
service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and
weather reconnaissance 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.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense 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.
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 mission of the Air Force.
Sec. 155. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 156. Annual reports on T-7A Advanced Pilot Training System.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter
threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft
industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the
propulsion, power, and thermal management systems of F-35
aircraft.
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for procurement for the Army, the Navy and the Marine Corps, the Air
Force and the Space Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON
ARTILLERY HOWITZERS.
(a) Limitations.--In carrying out the acquisition of Extended Range
Cannon Artillery howitzers, the Secretary of the Army shall--
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States Government
of a Paladin Integrated Management-modification production 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, including--
(A) the comparison of production approaches described in
paragraph (2); and
(B) any cost analysis or comparison described in paragraph
(3).
(b) Certification.--Before issuing a request for proposal for the
post-prototype production of an Extended Range Cannon Artillery
howitzer, the Secretary of the Army shall--
(1) certify to the congressional defense committees that the
acquisition strategy upon which the request for proposal is based
complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a briefing
on that acquisition strategy and the relevant cost and value
comparison described in subsection (a)(2).
(c) Inclusion of Certain Information in Budget Materials.--The
Secretary of the Army shall ensure that the cost of procuring Paladin
howitzers to be modified for post-prototype production of Extended
Range Cannon 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
subsection:
``(f)(1)(A) During the period beginning on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2023 and ending on September 30, 2027, the Secretary of the Navy may
not--
``(i) retire an EA-18G aircraft;
``(ii) reduce funding for unit personnel or weapon
system sustainment activities for EA-18G aircraft in a
manner that presumes future congressional authority to
divest such aircraft;
``(iii) place an EA-18G aircraft in active storage
status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status considered
excess to the requirements of the possessing command and
awaiting disposition instructions.
``(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 mission
capable and uneconomical to repair because of aircraft accidents or
mishaps.
``(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA-18G aircraft of not less than 158 aircraft, of which
not less than 126 aircraft shall be coded as primary mission aircraft
inventory.
``(B) The Secretary of the Navy may reduce the number of EA-18G
aircraft in the inventory of the Navy below the minimum number
specified in subparagraph (A) if the 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
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
components for purposes of research, development, test, and
evaluation, operational test and evaluation, or to support testing
programs; or
``(iv) to meet requirements for missions not otherwise
specified in clauses (i) through (iii).''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Navy and the Secretary of
the Air Force shall jointly submit to the congressional defense
committees a report that 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 squadrons 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 INCENTIVE.
``(a) Requirement.--
``(1) In general.--The Secretary of the Navy shall include in
any solicitation for a covered contract a special incentive for
workforce development that funds one or more workforce development
activities described in subsection (c).
``(2) Amount of special incentive.--The amount of a special
incentive required under subsection (a)(1) shall be equal to not
less than one quarter of one percent and not more than one percent
of the estimated cost of the covered contract.
``(3) Waiver.--
``(A) In general.--The Secretary of the Navy may waive one
or more of the requirements of this section if the Secretary
determines--
``(i) unreasonable cost or delay would be incurred by
complying with such requirements;
``(ii) existing workforce development initiatives are
sufficient to meet workforce needs;
``(iii) there are minimal workforce development issues
to be addressed; or
``(iv) it is not in the national security interests of
the United States to comply with such requirements.
``(B) Notice to congress.--Not less than 30 days prior to
issuing a waiver under subparagraph (A), the Secretary of the
Navy shall submit to the congressional defense committees
written notice of the intent of the Secretary to issue such a
waiver. Such notice shall specify the basis for such waiver and
include a detailed explanation of the reasons for issuing the
waiver.
``(b) Matching Contribution Requirement.--
``(1) In general.--Funds for a special incentive for workforce
development required under subsection (a)(1) may be expended only--
``(A) on or after the date on which the service acquisition
executive of the Navy receives a written commitment from one or
more entities described in paragraph (2) of separate and
distinct cumulative monetary contributions to be made on or
after the date of such commitment for workforce 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 incentive under subsection (a)(2).
``(2) Entities described.--The entities described in this
paragraph are the following:
``(A) The prime contractor that was awarded a covered
contract.
``(B) A qualified subcontractor.
``(C) A State government or other State entity.
``(D) A county government or other county entity.
``(E) A local government or other local entity.
``(F) An industry association, organization, or consortium
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
facilitate attraction, relocation, and retention of workers.
``(B) The expansion of local talent pipeline programs for
both new and existing workers.
``(C) Investments in long-term outreach in middle school
and high school programs, specifically career and technical
education programs, to 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 executive 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
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections (b) and
(c), including--
``(A) a detailed explanation of such compliance; and
``(B) the associated benefits to--
``(i) the Federal Government; and
``(ii) the shipbuilding industrial base of the Navy.
``(e) Definitions.--In this section:
``(1) The term `covered contract' means a prime contract for
the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
``(2) The term `qualified subcontractor' means a subcontractor
that will deliver the vessel or vessels awarded under a covered
contract to the Navy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by adding at the end the following
new item:
``8696. Navy shipbuilding workforce development special incentive.''.
(c) Applicability.--Section 8696 of title 10, United States Code,
as added by subsection (a), shall apply with respect to--
(1) a solicitation for a covered contract (as defined in
subsection (e) of that section) made on or after June 1, 2023; and
(2) a solicitation or award of a covered contract, if otherwise
determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY PORT WATERBORNE SECURITY BARRIERS.
(a) In General.--Subsection (a) of section 130 of the John S.
McCain National Defense Authorization Act for 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''.
(b) Technical Amendment.--Subsection (b)(4) of such section is
amended by striking ``section 2304'' and inserting ``sections 3201
through 3205''.
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
configuration in effect as of the date of the enactment of this
Act; and
(3) shall ensure that E-6B aircraft continue to meet the
operational requirements of the combatant commands that are met by
such aircraft as of the date of the enactment of this Act.
(b) Certification Described.--The certification described in this
subsection is a written certification from the Chair of the Joint
Requirements Oversight Council indicating that the replacement
capability for the E-6B aircraft--
(1) will be fielded at the same time or before the retirement
of the first E-6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the
operational requirements of the combatant commands that have been,
or that are expected to be, assigned to such replacement
capability.
(c) Exception.--The requirements of subsection (a) shall not apply
to an individual E-6B aircraft otherwise required to be maintained by
that subsection if the Secretary of the Navy determines, on a case-by-
case basis, that such aircraft is no longer mission capable due to a
mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to section 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.
(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 procurement 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 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 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 CONNECTOR
PROGRAM.
(a) Contract Authority.--Beginning in fiscal year 2023, the
Secretary of the Navy may enter into one or more contracts for the
procurement of up to 25 Ship-to-Shore 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 appropriations for
that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount of
funding obligated to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of 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);
(C) the estimated cost savings or increase by fiscal year,
by craft, with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that 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 HELICOPTER
PROGRAM.
(a) Contract Authority.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into one or more fixed-price contracts
for the procurement of airframes and engines in support of the CH-53K
heavy lift helicopter program (in this section referred to as the
``program'').
(b) Liability.--Any contract entered into under 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 appropriations for
that purpose; and
(2) the total liability of the Federal Government for
termination of the contract shall be limited to the total amount of
funding obligated to the contract at the time of termination.
(c) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of 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);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in subsection
(a);
(C) the estimated cost savings or increase by fiscal year
for the program with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(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 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 program 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 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 contracts.--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 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
Department 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);
(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);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated
cost savings are realized.
(3) There is a reasonable expectation that 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.
(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 program (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 contracts.--The
ships authorized to be procured under paragraph (1) may be procured
as additions to existing contracts covering programs for covered
ships.
(b) Certification Required.--A contract may not be entered into
under subsection (a) unless the Secretary of the Navy certifies to the
congressional defense committees, in writing, not later than 30 days
before entry into the contract, each of the following, which shall be
prepared by the milestone decision authority for the covered ship
program concerned:
(1) The use of such a contract is consistent with the
Commandant of the Marine Corps' projected force structure
requirements for amphibious ships.
(2) The use of such a contract will result in savings compared
to the total anticipated costs of carrying out the program through
annual contracts. In certifying cost savings under the preceding
sentence, the Secretary shall include a written explanation of--
(A) the estimated end cost and appropriated funds by fiscal
year, by hull, without the authority provided in subsection
(a);
(B) the estimated end cost and appropriated funds by fiscal
year, by hull, with the authority 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 estimated
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 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 meaning
given that term in section 4251(d) of title 10, United States Code.
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE DDG(X)
DESTROYER PROGRAM.
(a) In General.--If the milestone decision authority of the covered
program elects to use source selection procedures for the detailed
design and construction of the covered 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 program--
(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 shipbuilders;
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 shipbuilders and
other contractors throughout the design, development, and production
phases of the covered program, including the following:
(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
solicitations for vessel procurement under the covered program.
(d) Technology Maturation Requirements.--The Secretary of the Navy
shall incorporate into the acquisition strategy of the covered program
the requirements of the 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 contractor
designated by the milestone decision authority to perform 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.
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 missiles.
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 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 designated
CVN-82 and CVN-83 pursuant to which each aircraft carrier is
procured separately under a different contract.
(2) The term ``two-carrier acquisition strategy'' means a
strategy for the procurement of the aircraft 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 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 program, the
following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of the date
of the briefing, including the cost of development, testing, and
production.
(3) A comparison of the total cost of the program relative to
the original acquisition program baseline and the most recently
approved acquisition program baseline as of the date of the
briefing.
(4) An assessment of the flight testing that remains to be
conducted under the program, including any testing required for
validation of correction of technical deficiencies.
(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 AIRCRAFT OF
THE COMBAT AIR FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section
9062(i)(1) of title 10, United States Code, is amended by striking
``1,970'' and inserting ``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense 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 Aircraft.--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 of the
Reserve Components.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC-135 aircraft designated
as primary 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
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 presumes
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
individual F-22 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
and uneconomical to repair because of 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 of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a report that includes a
strategy and 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 concerns;
and
(iii) complicating F-22 aircraft squadron maintenance
operations; and
(B) include the plan of the Secretary for--
(i) the basing of 184 F-22 aircraft; and
(ii) the reestablishment of one or more F-22 formal
training units, including--
(I) the planned location of such units;
(II) the planned schedule for the reestablishment
of such units; and
(III) and the number of F-22 aircraft that are
expected to be assigned to such units.
(c) Comptroller General Audit.--
(1) Audit required.--The Comptroller General of the United
States shall conduct an audit to assess and validate data and
information relating to--
(A) the events and activities that would be necessary to
upgrade Block 20 F-22 aircraft to a capability configuration
comparable to or exceeding the existing or planned
configuration of Block 30/35 F-22 aircraft;
(B) the estimated costs of such upgrades; and
(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.
(3) Briefing.--Not later than April 15, 2023, the Comptroller
General shall provide to the congressional defense committees a
briefing on the progress and any preliminary results of the audit
conducted under 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 Comptroller 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 Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary of
the Air Force shall maintain a total inventory of C-130 aircraft of
not less than 271 aircraft.
(2) Exception.--The Secretary of the Air Force may reduce the
number of C-130 aircraft in the Air Force below the minimum number
specified in paragraph (1) if the Secretary determines, 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
section 138(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1577); and
(B) ending on September 30, 2023.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--
(1) In general.--During fiscal year 2023, the Secretary of the
Air Force may not reduce the total number of C-130 aircraft
assigned to the National Guard below the number so assigned as of
the date of the enactment of this Act.
(2) Exception.--The prohibition under paragraph (1) shall not
apply to an individual C-130 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer mission
capable because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF C-
40 AIRCRAFT.
(a) Prohibition.--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 on backup aircraft inventory status any C-40
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall not
apply to an individual C-40 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer mission
capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines under
paragraph (1) that an aircraft is no longer mission capable, the
Secretary shall submit to the congressional defense committees a
certification that the status of such aircraft is due to a Class A
mishap and not due to lack of maintenance or repairs or other
reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION 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 E-3
AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.
(a) Prohibition.--Except as provided in subsections (b) and (c),
none of the funds authorized to be appropriated 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 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 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.
(a) Limitation.--Beginning on October 1, 2023, the Secretary 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).
(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 capabilities
of any units and military installations affected by such
divestments; and
(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--
(1) all T-38A aircraft of the Air Force Global Strike Command
that have not received an upgraded ejection seat under the T-38
Ejection Seat Upgrade Program; and
(2) all T-38A aircraft of the Air Combat Command that have not
received an upgraded ejection seat as part of such Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS
PLATFORM FOR THE SPACE FORCE.
(a) Procurement Authority.--The Secretary of the Air Force is
authorized to enter into one or more contracts for the procurement of a
digital mission operations platform for the Space Force.
(b) Required Capabilities.--A digital mission operations platform
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 ACQUISITION.
(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 dedicated 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 provide
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
tool capability manufacturers that deliver high mission impact with
broad reach into the weapon system enterprise of the Department of
the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize commercial
digital engineering and software tools and opportunities for the
implementation of such digital engineering and software tool
capabilities within the Department.
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT SEARCH AND
RESCUE MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) In general.--The Secretary of the Air Force shall conduct a
study to determine the requirements for the combat search and
rescue mission of the Air Force in support of the objectives of the
National Defense Strategy.
(2) Elements.--The study under paragraph (1) shall include the
following:
(A) Identification of anticipated combat search and rescue
mission requirements necessary to meet the objectives of the
most recent National Defense Strategy, including--
(i) requirements for short-term, mid-term, and long-
term contingency and steady-state operations against
adversaries;
(ii) requirements under the Agile Combat Employment
operational scheme of the Air Force;
(iii) requirements relating to regions and specific
geographic areas that are expected to have a need for
combat search and rescue forces based on the combat-
relevant range and penetration capability of United States
air 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 application to the
combat search and rescue mission, including electric vertical
takeoff and landing, unmanned aerial systems, armed air
launched effects or similar armed capabilities, 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--
(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;
(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
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the results of the study under paragraph (1).
(B) Form.--The report required under 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 conducted
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
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including--
(i) any amounts already budgeted for such capabilities
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 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 explanation of
the reasons such requirements cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than July 30, 2023, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report on the strategy developed under paragraph (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.
(a) Plan Required.--The Secretary of the Air Force shall develop a
plan to transfer covered KC-135 aircraft to air refueling wings of the
Air National Guard that are classic associations with active duty units
of the Air Force.
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the plan developed under subsection (a).
The briefing shall 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.
(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.
(2) The cost and schedule estimates for the T-7 Advanced Pilot
Training System program.
(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;
(B) a summary of the event, including identification of--
(i) the quantity of data points evaluated and
subsequently considered complete and validated; and
(ii) the quantity of data points evaluated that remain
incomplete or unvalidated and requiring further testing.
(6) The logistics and sustainment strategy for the program and
a description of any activities carried out to implement such
strategy as of the date of the report.
(7) An explanation of--
(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 T-7
Advanced Pilot Training System that the Assistant Secretary
determines to be of critical importance to the long-term viability
of the program.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMERCIAL
DUAL-USE PARTS IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force, with respect to
the Air Force, and the Secretary of the Navy, with respect to the Navy,
shall develop and implement processes and procedures for--
(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 section
3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration Form
8130-3 Airworthy Approval Tag from a certified repair station
pursuant to part 145 of title 14, Code of Federal Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``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 governmental purposes.
(2) Commercial dual-use part.--The term ``commercial dual-use
part'' means a product that is--
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) Commercial product.--The term ``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.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES 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;
(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
(5) an overview of the efforts of the Department of Defense to
develop and field test technologies that offer scalable, modular,
and rapidly deployable capabilities with the ability to counter
unmanned aerial system swarms.
(b) Strategy Development and Implementation Required.--
(1) In general.--The Secretary of Defense shall develop and
implement a strategy to field capabilities to counter threats posed
by unmanned aerial system swarms.
(2) Elements.--The strategy required by paragraph (1) shall
include the following:
(A) The development of a comprehensive definition of
``unmanned aerial system swarm''.
(B) A plan to establish and incorporate requirements for
the development, testing, and fielding of technologies and
capabilities to counter unmanned aerial system swarms.
(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.
(D) An estimate of the resources needed by each Armed Force
to implement the strategy.
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department of Defense
has the ability to counter the threats posed by unmanned aerial
system swarms.
(F) Such other matters as the Secretary determines to be
relevant to the strategy.
(3) Incorporation into existing strategy.--The Secretary of
Defense may incorporate the strategy required by paragraph (1) into
a comprehensive strategy of the Department of Defense to counter
the threat of unmanned aerial systems.
(c) Information to Congress.--Not later than 270 days after the
date of the enactment of this Act, the 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 Secretary
under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT
INDUSTRIAL BASE.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the Army, Navy, and Air Force, shall conduct an assessment of the
military rotary wing aircraft 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
necessary 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 covered by
the most recent future-years defense program submitted 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
necessary 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 identified
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 industrial
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,
contraction, or expansion, within the rotary wing aircraft
industrial base, including--
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion; and
(B) an assessment of how each such scenario may affect the
ability of the Armed Forces to acquire military rotary wing
aircraft in the future, including any effects on the cost and
schedule of such acquisitions.
(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 subsection
(a); and
(2) based on such results, recommendations for reducing 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 MODERNIZE 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.
(b) Elements.--The audit conducted under subsection (a) shall
include the following:
(1) An evaluation of the results of the business-case analysis
conducted by the Director of the F-35 Joint Program Office, in
which the Director assessed options to modernize the propulsion,
power, and thermal management systems of the F-35 aircraft.
(2) An assessment of the costs associated with each
modernization 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 Program and the
development and testing status of the other modernization options
assessed in the business-case analysis described in paragraph (1).
(4) An assessment of the timeline associated with modernizing
the propulsion, power, and thermal 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.
(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
modernization 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 participatory
effects on international partners and foreign military sales
customers.
(c) Briefing.--Not later than February 28, 2023, the Comptroller
General shall provide to the congressional defense committees a
briefing on the preliminary results of the audit conducted under
subsection (a).
(d) Report.--Following the briefing under subsection (c), at such
time as is mutually agreed upon by the 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 artificial intelligence and machine
learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research
and Engineering in personnel management authority to attract
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 warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of
microelectronics.
Sec. 220. Government-Industry-Academia Working Group on
Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband
infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and
other minority-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 generation information and communications
technologies.
Sec. 233. Plan for investments to support the development of novel
processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and
communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation
Fellowship 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 Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded
research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research
Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and
information technology.
Sec. 242. Study and report on sufficiency of operational test and
evaluation resources 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, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT
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.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to conform with section 2350a of title 10, United States Code, as
amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
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
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)'';
(B) by striking ``for the Center'' and inserting ``to
support the activities of such official under section 238 of
such Act''; and
(C) in the paragraph heading, by striking ``Center'';
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence Center''
and inserting ``office of the official designated under section
238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232)''; and
(B) by striking ``in the Center'' and inserting ``in
support of the activities of such official under section 238 of
such Act''; and
(3) in subsection (c)(2), by striking ``Joint Artificial
Intelligence Center'' and inserting ``the activities under section
238 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232)''.
(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 Program.--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 Authorization 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 Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)
(and such other officials as the Secretary determines appropriate),
shall--
``(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
``(2) allow appropriate public and private sector organizations
to access such data repositories for the purpose of developing
improved artificial intelligence and machine learning software
capabilities that may, as determined appropriate by the Secretary,
be procured by the Department to satisfy Department requirements
and technology development goals.'';
(3) in subsection (b), by striking ``If the Secretary of
Defense carries out the pilot program under 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:
``(c) Briefing.--Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on--
``(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
established under subsection (a); and
``(2) the progress of the Secretary in establishing such data
repositories.''.
(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 Official 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
Intelligence Center'' and inserting ``office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note 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)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate
Certain Applicants for Technical Positions.--Section 247(c) of the
William M. (Mac) Thornberry National Defense Authorization Act for
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
Intelligence Center'' and inserting ``the office of the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs (2)
and (3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry
National Defense 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 responsibility 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
Official'';
(5) in subsection (d), by striking ``the Director'' and
inserting ``the Official'';
(6) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``Center
missions'' and inserting ``the missions of the Office'';
and
(ii) in subparagraph (D), by striking ``the Center''
and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center'' and
inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and
inserting ``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs
(1) and (2), respectively.
(j) Biannual Report on Office of the Senior Official With Principal
Responsibility for Artificial Intelligence and Machine Learning.--
Section 260 of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92) is amended--
(1) in the section heading, by striking ``joint 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
investments 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.--
``(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 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, guidance,
instruction, or other document of the Federal Government to the
Director of the Joint Artificial Intelligence Center of the Department
of Defense or to the Joint 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 subparagraph:
``(J) in the case of the Office of the Under Secretary of
Defense for Research and Engineering, appoint scientists and
engineers to a total of not more than 10 scientific and
engineering positions in the Office;''.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION
OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT PROGRAM.
Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1335) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Designation of Other Executive Agents.--Notwithstanding the
requirements of this section or section 1792 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531
note), the 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.''.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL
MANUFACTURING PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support for the development of a
network of bioindustrial manufacturing facilities to conduct research
and development to improve the ability of the industrial base to
assess, validate, and scale new, innovative bioindustrial manufacturing
processes for the production of chemicals, materials, and other
products necessary to support national security or secure fragile
supply chains.
(b) Form of Support.--The support provided under subsection (a) may
consist of--
(1) providing funding to one or more existing facilities or the
establishment of new facilities--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial manufacturing
capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as regional
hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher levels
of production; or
(3) designating a bioindustrial manufacturing 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 subsection
(a) shall carry out activities relating to the research, development,
test, and evaluation of innovative bioindustrial manufacturing
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
manufacturing 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
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as input
to new and existing processes to aid in 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
infrastructure for collaborative data exchange across entities in
the bioindustrial 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
determines appropriate.
(d) Considerations.--In determining the number, type, and location
of facilities to support under subsection (a), the Secretary of Defense
shall consider--
(1) how the facilities may complement each other or increase
production levels by functioning together as a network;
(2) how to geographically distribute support to such
facilities--
(A) to maximize access to biological material needed as an
input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic
expertise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure required
to secure supply chains for chemicals and other materials;
(D) to leverage access to venture capital and private
sector finance expertise and funding 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.--
(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 determine
if, and what type of, additional bioindustrial manufacturing
facilities may be needed to meet the needs of the Department of
Defense;
(B) a description of types, relative sizes, and locations
of the facilities the Secretary intends to establish or support
under this section;
(C) a general description of the focus of each facility,
including the types of bioindustrial manufacturing equipment,
if any, that are expected to be procured for each such
facility;
(D) a general description of how the facilities will work
as a network to maximize the diversity of bioindustrial
products available to be produced by the network;
(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 conducted under
this section are modernized digitally, including through--
(i) the use of data automation to represent processes
and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(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 Secretary'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.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF
ELECTROMAGNETIC WARFARE TECHNOLOGY.
(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.
(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 the protection
afforded by controlled reception pattern antennas.
(3) Simultaneous transmission from and reception of separate
signals on the same platform wherein the signals lie in the same
frequency and are transmitted and received at the same time without
interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation environment.
(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
demonstrations 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 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 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 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.
(e) Commercial Electronics Technology Defined.--The term
``commercial electronics technology'' means electronics technology 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 APPLICATIONS
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 Program
shall be responsible for the following:
(A) Developing budget requests relating to the Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects for the
Program.
(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 intelligence
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
(3) any direction and oversight of the Program exercised by the
Commander of Naval Air Systems Command, the Secretary of the Navy,
or the Under Secretary of the Navy.
(e) Strategic Relationship.--The program manager for the Program
shall evaluate the feasibility and advisability of establishing a
strategic relationship with the Naval 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 reasonable--
(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
MICROELECTRONICS.
(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 microelectronics for military
purposes.
(b) Establishment of Requirements and Schedule of Support 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 paragraph (1).
(3) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research
and Engineering and the 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 Department to access commercial state-
of-the-art microelectronics technology using risk-based
quantifiable assurance security methodology, should--
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22, Code
of Federal Regulations, and Department of Defense Instruction
5200.44 (relating to protection of mission critical functions
to achieve trusted systems and networks); and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such
regulations.
(2) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide the congressional defense committees a
briefing on the findings of the Secretary with respect to the
assessment conducted under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
MICROELECTRONICS.
(a) Establishment and Designation.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
working group to facilitate 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
microelectronics:
(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.
(d) Charter and Policies.--Not later than March 1, 2023, the
Secretary of Defense shall develop a charter and issue policies for the
functioning of the Working Group.
(e) Administrative Support.--The joint federation of capabilities
established under section 937 of the National 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.
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS BROADBAND
INFRASTRUCTURE AT ALL MILITARY INSTALLATIONS.
(a) Target Required.--Not later than July 30, 2023, the Secretary
of Defense shall--
(1) establish a target date by which the Secretary plans to
deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each of the
military departments, to measure progress toward reaching the
target required by paragraph (1).
(b) Annual Report.--Not later than December 31, 2023, and on an
annual basis thereafter until the date 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 UNIVERSITIES
AND OTHER MINORITY-SERVING INSTITUTIONS REGARDING NATIONAL
SECURITY INNOVATION NETWORK PROGRAMS THAT PROMOTE
ENTREPRENEURSHIP AND INNOVATION AT INSTITUTIONS OF HIGHER
EDUCATION.
(a) Pilot Program.--The Under Secretary of Defense for Research and
Engineering, acting through the National Security Innovation Network,
may carry out a pilot program under which the Under Secretary conducts
activities, 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 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 historically Black
colleges and universities and other minority-serving
institutions; and
(C) any potential barriers to the expansion of the pilot
program; and
(2) recommendations for how the Department of Defense can
support historically Black colleges and universities and other
minority-serving institutions to enable such institutions to
successfully participate in Department of Defense
commercialization, 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:
(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)).
(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)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS
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
subrecommendations set forth in the publication described in
paragraph (1)--
(i) a description of each recommendation and
subrecommendation the Secretary has implemented as of the
date of the report;
(ii) a description of each recommendation and
subrecommendation the Secretary has commenced implementing
as of the date of the report, including a justification for
determining to commence implementing the recommendation;
and
(iii) a description of each recommendation and
subrecommendation the Secretary has not implemented or
commenced implementing as of the date of the report and a
determination as to whether or not to implement the
recommendation.
(B) For each recommendation or subrecommendation the
Secretary determines to implement under subparagraph (A)(iii)--
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation the
Secretary determines not to implement under subparagraph
(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
Subrecommendations.--
(1) Program required.--The Secretary of Defense shall establish
and carry out a program (referred to in this subsection as the
``Program'') under which the Secretary carries out activities to
increase the capacity of eligible institutions to achieve very high
research activity status.
(2) Considerations.--In establishing the Program the Secretary
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 institutions to very
high research activity status, including measurable 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 participating
in the Program.
(3) Consultation.--In designing the Program, the Secretary may
consult with the President's Board of Advisors on historically
Black colleges and universities.
(4) Program activities.--
(A) Activities.--Under the Program, the Secretary shall
carry out activities to build the 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, rehabilitation,
or retrofitting of facilities for research purposes;
and
(ii) such other activities as the Secretary determines
appropriate.
(B) Identification of priority areas.--The Secretary shall
establish and update, on an annual basis, a list of 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 after
the date on which the Secretary commences the Program.
(6) Evaluation.--Not later than two years after the date of the
enactment of this Act and every two years thereafter until the date
on which the Program terminates under paragraph (5), the Secretary
shall 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;
(B) an analysis of any growth in very high research
activity status indicators of eligible institutions that
participated in the Program; and
(C) emerging research areas of interest to the Department
of Defense that are being pursued by such institutions.
(7) Report to congress.--Not later than 180 days after the date
on which the program terminates under paragraph (5), the Secretary
shall submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the Program that includes
the following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions that
participated in the Program.
(B) An evaluation on the effectiveness of the Program in
increasing the research capacity of such institutions.
(C) An explanation of how institutions that achieved very
high research activity status plan to 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.
(F) Recommendations with respect to further activities and
investments necessary to elevate the research status of
historically Black colleges and universities and other
minority-serving institutions.
(G) Recommendations as to whether the Program 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 Institutions 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.
(6) The term ``very high research activity status'' means R1
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(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 PATENTABLE
INVENTIONS IN THE DEPARTMENT OF THE NAVY.
(a) In General.--The Secretary of the Navy may carry out a pilot
program to expand the support available to 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 personnel,
including personnel outside of the laboratories and other research
organizations of the Department of the Navy, may--
(A) seek and receive support for the 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
(4) carry out other such activities as the Secretary determines
appropriate in accordance with the purposes of the pilot program.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the Navy
and Marine Corps and civilian employees of the Department of the
Navy, including members and employees whose primary duties do not
involve research and development.
(2) The term ``patentable invention'' means an invention that
is patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF BATTERY
TECHNOLOGIES FOR WARFIGHTERS.
(a) Establishment.--
(1) In general.--The Secretary of Defense may establish and
carry out a pilot program to assess the 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 manufacturing
processes and technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter
applications; and
(C) to transition battery technologies, including
technologies developed under other pilot programs, prototype
projects, or other research and 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 Battery 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 Secretary of
Defense may carry out the Project through the award of support, as
described in subsection (a)(1), in the form of grants to, or contracts
or other agreements with, 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 producer 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
technologies and systems; or
(E) addressing manufacturing or other production
challenges.
(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
capabilities that may provide operational utility to the Department
of Defense.
(4) Building and strengthening relationships of the Department
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 other
agreements under the Project, the Secretary shall give preference to
battery producers that meet one or more of the following criteria:
(1) The producer manufactures, designs, or 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 facilitates
safety in tactical and combat applications by using battery
chemistries and configurations that reduce thermal runaway and
minimize oxygen liberation.
(5) The producer demonstrates new or novel battery chemistry
configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for raw
materials needed for battery production.
(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 after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees the
implementation plan developed under subparagraph (A).
(2) Final report.--Not later than one year after the date on
which the Project terminates under subsection (g), the Secretary of
Defense shall submit to the congressional defense committees a
final report on the results of the Project. Such report shall
include--
(A) a summary of the objectives achieved by the Project;
and
(B) recommendations regarding the steps that may be taken
to promote battery technologies that are not dependent on
foreign competitors to meet the needs of the Armed Forces.
(g) Termination.--The authority to carry out the Project shall
terminate on December 31, 2028.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE 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
``classified''; 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''.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT OF NOVEL
PROCESSING APPROACHES FOR DEFENSE APPLICATIONS.
(a) Investment Plans Required.--Not later than November 1, 2023,
and not less frequently than once every three years thereafter until
December 31, 2035, the Secretary of Defense shall submit to the
congressional defense committees a plan for making investments 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 accelerate the
development of novel processing approaches for defense
applications, including investments in--
(A) personnel and workforce capabilities;
(B) facilities and infrastructure to host systems utilizing
novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded
laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage investments
in novel processing approaches within the Department and with non-
Federal partners;
(4) describe the technical goals to be achieved and
capabilities to be developed under the plan; and
(5) include recommendations for such legislative or
administration actions as may support the effective execution of
the investment plan.
(c) Form.--Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate, which
may include classified, unclassified, and publicly releasable formats.
(d) Novel Processing Approaches Defined.--In this section, the term
``novel processing approaches'' means--
(1) emerging techniques in computation, such as biocomputing,
exascale computing, utility scale quantum computing; and
(2) associated algorithm and hardware development needed to
implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND
COMMUNICATIONS TECHNOLOGY WITHIN THE MILITARY DEPARTMENTS.
(a) Three-year Transition Plan Required.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, each Assistant Secretary concerned shall
develop and submit to the congressional defense committees 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 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 Secretary
intends to use an open radio access network approach in
implementing fifth generation information and
communications technologies in the areas identified under
subparagraph (A); and
(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;
(C) an investment plan that includes funding estimates, by
fiscal year and appropriation account, to accelerate--
(i) the maturation and acquisition of fifth generation
information and communications capabilities that use the
open radio access network approach; and
(ii) the deployment of such capabilities in the
facilities 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 department
concerned to facilitate the deployment of fifth generation
information and communications technologies;
(F) actions the Assistant Secretary intends to carry out to
streamline the process for establishing fifth generation
wireless coverage at military 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 considers
appropriate.
(3) Coordination.--In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall coordinate
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.--
(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.
(2) Elements.--The briefing provided under paragraph (1) shall
include the following:
(A) Recommendations to further accelerate the deployment of
fifth-generation information and communications technologies
that use the open radio access network approach across the
Department of Defense.
(B) Recommendations to standardize and streamline the
process for establishing fifth generation wireless coverage 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 concerning
the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters
concerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for
Acquisition, 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
activities of the Agency that may be open to participation from
early career scientists to identify opportunities for the expansion
of such participation;
(2) identify criteria for evaluating applicants to the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional defense
committee a report that includes--
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
(d) Early Career Scientist Defined.--The term ``early career
scientist'' means a scientist who is in an early stage of career
development according to criteria determined by the Director of the
Defense Advanced Research Projects Agency for purposes of this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING THE
DEFENSE INNOVATION ECOSYSTEM.
(a) Strategy and Implementation Plan 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 beneficial
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 provide--
(A) concrete steps and measures of effectiveness to gauge
the effect of the innovation ecosystems described in paragraph
(1) on the Department; and
(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 innovation
ecosystems with potential to provide benefit to the Department of
Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department, including
identification of criteria to 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 innovation ecosystems.
(4) For each innovation ecosystem supported by the Department--
(A) a description of the core competencies or focus areas
of the ecosystem;
(B) identification of any organizations or elements of the
Department that engage with the ecosystem;
(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
associated with such ecosystem.
(5) Such other elements as the Secretary considers appropriate.
(d) Interim Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of 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 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, 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 subsection
(a); and
(2) submit the updated strategy and plan to the congressional
defense committees.
(g) Definitions.--In this section:
(1) The term ``Department of Defense research, development,
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 appropriated
for research, development, test, and evaluation.
(F) Any other organization or element of the Department of
Defense that carries out activities using funds appropriated
for research, development, test, and evaluation.
(2) The term ``innovation ecosystem'' refers to a 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 Department.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(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 Department
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.
(3) An analysis of the capability of each test facility
identified 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.
(5) An analysis of the test frequency, scheduling lead time,
test cost, and capacity of each test facility identified under
paragraph (2).
(6) A review of test facilities identified under paragraph (2)
that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other
technologies, including sensors, communications, thermal protective
shields and materials, optical windows, navigation, and
environmental sensors.
(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.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a strategy to coordinate the
potential use of test facilities and ranges identified under
subsection (b)(2) to evaluate hypersonic technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection (a);
(B) address how the Secretary will coordinate with other
departments and agencies of the Federal Government, including
the National Aeronautics and Space Administration, to plan for
and schedule the potential use of other Federal Government-
owned test facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what cases the
Secretary can use test facilities identified under subsection
(b)(2) to fill any existing testing requirement gaps to enhance
and accelerate flight qualification of critical hypersonic
technologies of the Department;
(D) identify--
(i) the resources needed to improve the frequency and
capacity for testing hypersonic technologies of the
Department at ground-based test facilities and flight test
ranges, 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
departments and agencies of the Federal Government for the
use of the test facilities and ranges of those departments
or agencies to test the hypersonics technologies of the
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 departments 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 technologies
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 components
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 Program
Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space Administration,
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 the Navy, once such system reaches initial operational
capability.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(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 Secretary 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:
(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 under
subsection (a) shall terminate on the date that is three years after
the date of the enactment of this Act.
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY 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 Academies 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
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing, including
a justification for determining to commence implementing the
recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced
implementing and a determination as to whether or not to implement
the recommendation.
(4) For each recommendation under paragraph (3) the Secretary
determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or
authorities required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the Secretary
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 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
activities of other Armed Forces, Federal agencies, and private-
sector entities in the United States;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training shortfalls at domestic military
installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.
(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 Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Functional
Team established pursuant to section 911(c) of the National Defense
Authorization Act for 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.
(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 subsection (a)
shall include the following:
(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 challenges
that result in lost working hours, including--
(A) an estimate of the number of working hours lost due to
each challenge and the cost of such lost working hours;
(B) the effects of each challenge on servicemember and
employee retention; and
(C) any negative effects of each challenge on a mission of
the Armed Force or military department concerned.
(2) A summary of the policy or technical challenges that limit
the ability of each Secretary of a military department to implement
needed software and information technology reforms, which shall be
determined based on interviews conducted with individuals who serve
as a chief information officer (or an equivalent position) in a
military department.
(3) Development of a framework for assessing underperforming
software and information technology, with an emphasis on
foundational information technology to standardize the measurement
and comparison of programs across the Department of Defense and its
component organizations. Such a framework shall enable the
assessment of underperforming software and information technology
based on--
(A) designs, interfaces, and functionality which prioritize
user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;
(D) comparisons between--
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information technology
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 technical
problems reported by users;
(H) the average rate, expressed in time, for remediating or
patching weaknesses or flaws in information technologies,
software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations--
(A) to address the challenges identified under paragraph
(1); and
(B) to improve the processes through which the Secretary
provides software and information technology throughout the
Department, including through--
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software technology
gaps; and
(iv) the development of more detailed and effective
cost estimates.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the eligible entity that conducts the study
under subsection (a) shall submit to the Secretary of Defense and the
congressional defense 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 CERTAIN MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Study.--The Director of Operational Test and Evaluation of the
Department of Defense shall conduct a study of at least one major
defense acquisition program within each covered Armed Force to
determine the sufficiency of the operational test and evaluation
resources supporting such program.
(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:
(1) Identification and assessment of the operational test and
evaluation resources supporting the program--
(A) as of the date of the study;
(B) during the five-year period preceding the date of the
study; and
(C) over the period covered by the most recent future-years
defense program submitted to Congress under section 221 of
title 10, United States Code.
(2) For any operational test and evaluation resources
determined 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 Evaluation
shall submit to the congressional defense committees a report on the
results of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the Navy,
the Marine Corps, the Air Force, and the Space Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United States
Code.
(3) The term ``operational test and evaluation resources''
means the facilities, specialized test assets, schedule, workforce,
and any other resources supporting operational test and evaluation
activities under a major defense acquisition program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program
for State-owned facilities of the National Guard with proven
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 renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance
and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint
requirements for future operational energy needs of Department
of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging
solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense
sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on
military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of
Department of Defense with electric vehicles, advanced-
biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C--Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at
Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States
Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage
Facility.
Sec. 337. Briefing on Department of Defense efforts to track health
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 procurement of certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives 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 following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on
duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations
regarding Shipyard Infrastructure Optimization Plan of the
Navy.
Sec. 357. Limitation on availability of funds for military information
support operations.
Sec. 358. Notification of modification to policy regarding retention
rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in
United States and effect of those shipyards on Naval fleet
readiness.
Sec. 360. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel
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 facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-
level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds
expended for performance of depot-level maintenance and repair
workloads.
Sec. 377. Clarification of calculation for certain workload carryover of
Department of the Army.
Subtitle G--Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of
Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using
military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard
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 countermeasures 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.
Chapter 7 of title 10, United States Code, is amended by inserting
after section 182 the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
``Sec. 182a. Center for Excellence in Environmental Security
``(a) Establishment.--The Secretary of Defense may operate a Center
for Excellence in Environmental Security (in this section referred to
as the `Center').
``(b) Missions.--(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military
operations, 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
environmental stresses to human safety, health, water, energy,
and food will cascade to economic, social, political, or
national security events.
``(B) Appropriate roles for the reserve components in response
to environmental insecurity resulting from natural disasters.
``(C) Meeting requirements for information in 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 Secretary
of Defense may specify.
``(4) To assist the Center in carrying out the missions under this
subsection, upon request of the Center, the head of any Federal agency
may grant to the Center access to the data, archives, and other
physical resources (including 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 indicators.
``(c) Joint Operation With Educational Institution Authorized.--The
Secretary of Defense may enter into an agreement with appropriate
officials of an institution of higher education to provide for the
operation of the Center. Any such agreement shall provide for the
institution to furnish necessary administrative services for the
Center, including by directly providing such services or providing 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 foundation or other charitable organization
(including any that is organized or operates under the laws of a
foreign country), or any other private source in the United States or a
foreign country.
``(2) The Secretary may not accept a donation under paragraph (1)
if the acceptance of the donation would compromise or appear to
compromise--
``(A) the ability of the Department of Defense, any employee of
the Department, or any member of the armed forces, to carry out any
responsibility or duty of the Department or the armed forces in a
fair and objective manner; or
``(B) the integrity of any program of the Department of Defense
or of any person involved in such a program.
``(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance of
a foreign donation under paragraph (1) would have a result described in
paragraph (2).
``(4) Funds accepted by the Secretary under paragraph (1) as a
donation on behalf of the Center shall be credited to appropriations
available to the Department of Defense for the Center. Funds so
credited shall be merged with the appropriations to which credited 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:
``Sec. 2694d. Participation in pollutant banks and water quality
trading
``(a) Authority to Participate.--The Secretary of a military
department, and the Secretary of Defense with 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 subsection (a) to
a pollutant banking program or water quality trading program may be
treated as eligible project costs for military construction.
``(c) Discharge of Pollutants Defined.--In this section, the term
`discharge of pollutants' has the meaning given that term in section
502(12) of the Federal Water 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 beginning of
such chapter is amended by inserting after the item relating to section
2694c following new item:
``2694d. Participation in pollutant banks and water quality trading.''.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM FOR STATE-OWNED FACILITIES OF THE NATIONAL GUARD WITH
PROVEN EXPOSURE OF HAZARDOUS SUBSTANCES AND WASTE.
(a) Definition of State-owned National Guard Facility.--Section
2700 of title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(4) The term `State-owned National Guard 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 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.''.
(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 facilities'' before the
period.
(c) Responsibility for Response Actions.--Section 2701(c)(1) of
such title is amended by adding at the end the following new
subparagraph:
``(D) Each State-owned National Guard facility being used
for training the National Guard 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 substances 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,
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 Restoration
Program under section 2701 of this title, including--
``(A) the total number of sites at which such program was
carried out;
``(B) the progress of remediation for sites that have not
yet completed cleanup;
``(C) the remaining cost to complete cleanup of known
sites; and
``(D) an assessment by the Secretary of 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 consolidate,
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 presented 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--
(A) by amending the section heading to read as follows:
``Annual report on energy performance, resilience, and
readiness of Department of Defense''; and
(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 fulfillment
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 associated metrics
pursuant to subsections (c) and (d) of section 2911 of this
title and requirements under section 2688(g) of this title.
``(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.
``(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.
``(3) A description of each initiative related to the
operational energy strategy of the Department and a summary of
funds appropriated for each initiative in the previous fiscal year
and current fiscal year and requested for each initiative for the
next five fiscal years.
``(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or authority
within the Department to enable further implementation of the
energy strategy and such other comments and recommendations as the
Secretary considers appropriate.
``(c) Classified Form.--If a report under subsection (a) is
submitted in classified form, the Secretary of Defense shall,
concurrently with such report, submit to the congressional defense
committees an unclassified version of the report.
``(d) Consolidation.--The Secretary of Defense may consolidate,
attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is aligned
or associated with, or would be better understood if presented as part
of a consolidated report addressing energy performance, resilience, and
readiness.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 173 of such title is amended by
striking the item relating to section 2925 and inserting the
following new item:
``2925. Annual report on energy performance, resilience, and readiness
of Department of Defense.''.
(c) Continuation of Reporting Requirements.--
(1) In general.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the following
reports:
(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 paragraphs (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 opportunities 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 Department; 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.
Section 2911(e) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(14) The reliability and security of energy 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
specified in subsection (a),'' after ``from authorizing''; and
(4) by adding at the end the following new subsections:
``(d) Requirement.--Except as provided in subsection (e), beginning
on October 1, 2035, each covered nontactical vehicle purchased or
leased by or for the use of the 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
Consumption of Fossil Fuels.--Notwithstanding the requirement under
subsection (d), beginning on October 1, 2035, the Secretary of Defense
may authorize the purchase or lease of a covered nontactical vehicle
that is not described in such subsection if the Secretary determines,
on a case-by-case basis, that--
``(1) the technology used in the vehicle to be purchased or
leased reduces the consumption of fossil fuels compared to vehicles
that use conventional internal combustion technology;
``(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
subsection (d) is impracticable under the circumstances.
``(f) Waiver.--(1) The Secretary of Defense may waive the
requirement under subsection (d).
``(2) The Secretary of Defense may not delegate the waiver
authority under paragraph (1).
``(g) Definitions.--In this section:
``(1) The term `advanced-biofuel-powered vehicle' 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
vehicle--
``(A) that is not a tactical vehicle designed for use in
combat; and
``(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 beginning of
subchapter II of chapter 173 of such title is amended by striking the
item relating to section 2922g and inserting the following new item:
``2922g. Preference for motor vehicles using electric or hybrid
propulsion 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:
``(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 following new
section (and conforming the table of sections at the beginning of such
subchapter accordingly):
``Sec. 2928. Programs on reduction of fuel reliance and promotion of
energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors and the
reduction of unnecessary fuel consumption within that military
department.
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To increase operational energy resiliency.
``(2) To decrease energy-related strategic vulnerabilities and
enhance military readiness.
``(3) To integrate sustainability features for new and existing
military installations and other facilities of the Department.
``(c) Minimum Required Elements.--Under the program of 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:
``(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
resiliency 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, operations
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 department
responsible for fuel and logistics matters, to ensure the modeling
of energy demand and network risk during such activities are
accurate, taking into account potential shortfalls and the direct
and indirect effects of the efforts of foreign adversaries to
target fuel supply chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under
section 2928 of title 10, United States Code, as added by subsection
(a), shall be established by not later than 180 days after the date of
the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, each Secretary of a military 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.
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:
``(e) Establishment of Joint Working Group to Determine Joint
Requirements for Future Operational Energy Needs of Department of
Defense.--
``(1) Establishment.--The Secretary of Defense shall establish
a joint working group (in this subsection referred to as the
`working group') to determine joint requirements for future
operational energy needs of the Department of Defense.
``(2) Executive agent.--The Secretary of the Air Force shall
serve as the executive agent of the working group.
``(3) Requirements specified.--
``(A) In general.--In determining joint requirements under
paragraph (1), the working group shall address the operational
energy needs of each military department and combatant command
to meet energy needs in all domains of warfare, including land,
air, sea, space, cyberspace, subsea, and subterranean
environments.
``(B) Priority for certain systems.--Priority for joint
requirements under paragraph (1) shall be given to independent
operational energy systems that--
``(i) are capable of operating in austere and isolated
environments with quick deployment capabilities; and
``(ii) may reduce conventional air pollution and
greenhouse gas emissions comparable to systems already in
use.
``(4) Existing or new programs.--The working group shall
address the feasibility of meeting joint requirements determined
under paragraph (1) through the existing energy programs of the
Department and make recommendations for new programs to meet such
requirements.
``(5) Focus areas.--In carrying out the requirements under this
subsection, the working group shall focus the efforts of the
working group on operational energy, including--
``(A) micro-reactors and small modular reactors;
``(B) hydrogen-based fuel systems, including hydrogen fuel
cells and hydrogen-based combustion engines;
``(C) battery storage;
``(D) renewable energy sources;
``(E) retrofits to existing platforms that shall increase
efficiencies; and
``(F) other technologies and resources that meet joint
requirements determined under paragraph (1).
``(6) Recommended plan of action.--
``(A) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Secretary shall submit
to the congressional defense committees a report, and provide
to the congressional defense committees a classified briefing,
outlining recommendations for programs to meet joint
requirements for future operational energy needs of the
Department of Defense by 2025, 2030, and 2040.
``(B) Focus on readiness and flexibility.--In submitting
the report and providing the briefing under subparagraph (A),
the Secretary shall--
``(i) address each element of the report or briefing,
as the case may be, in the context of maintaining or
increasing the readiness levels of the Armed Forces and the
flexibility of operational elements within the Department;
and
``(ii) disregard energy sources that do not increase
such readiness and flexibility, with an explanation for the
reason such sources were disregarded.
``(C) Form.--The report under subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex.
``(7) Definitions.--In this subsection:
``(A) The term `advanced nuclear reactor' has the meaning
given that term in section 951(b) of the Energy Policy Act of
2005 (42 U.S.C. 16271(b)).
``(B) The term `micro-reactor' means an advanced nuclear
reactor that has an electric power production capacity that is
not greater than 50 megawatts that can be transported via land,
air, or sea transport and can be redeployed.
``(C) The term `small modular reactor' means an advanced
nuclear reactor--
``(i) with a rated capacity of less than 300 electrical
megawatts; or
``(ii) that can be constructed and operated in
combination with similar reactors at a single site.''.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING
TO EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) a calculation of the annual costs to the Department for--
``(A) assistance that is--
``(i) provided to the Federal Emergency Management
Agency or any Federal land management agency (as such term
is defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)) pursuant to a request for
such assistance and in consultation with the National
Interagency Fire Center; or
``(ii) provided under title 10 or title 32, United
States Code, to any State, territory, or possession of the
United States, regarding extreme weather; and
``(B) resourcing required to support--
``(i) wildfire response, recovery, or restoration
efforts occurring within military installations or other
facilities of the Department; or
``(ii) any Federal agency other than the Department
(including the Federal Emergency Management Agency and the
National Interagency Fire Center) with respect to wildfire
response, recovery, or restoration efforts, where such
resourcing is not reimbursed.''.
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY
RESILIENCE AT CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Subject to the availability of appropriations for
such purpose, each Secretary of a military department shall ensure that
covered prototype and demonstration projects are conducted at each
military installation under the jurisdiction of that Secretary that is
designated by the Secretary of Defense as an ``Energy Resilience
Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) Nomination.--Each Secretary of a military department shall
nominate military installations under the jurisdiction of that
Secretary for selection under paragraph (2), and submit to the
Secretary of Defense a list of such nominations.
(2) Selection.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall select, from
among the lists of nominated military installations provided by the
Secretaries of the military departments under paragraph (1), at
least one such nominated military installation per military
department for designation pursuant to paragraph (4).
(3) Considerations.--In selecting military installations under
paragraph (2), the Secretary of Defense shall, to the extent
practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and of the
community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community
surrounding the installation.
(4) Designation as energy resilience testbed.--Each military
installation selected under paragraph (2) shall be known as an
``Energy Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration
projects conducted at military installations designated pursuant to
subsection (b) shall include the prototype and demonstration of
technologies in the following areas:
(1) Energy storage technologies, including long-duration energy
storage systems.
(2) Technologies to improve building energy efficiency in a
cyber-secure manner, such as advanced lighting controls, high-
performance cooling systems, and technologies for waste heat
recovery.
(3) Technologies to improve building energy management and
control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision
making on the installation with respect to all hazards resilience
and hazard analysis, energy use, management, and the construction
of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy
generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small modular
reactors.
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall provide to the
appropriate congressional committees a briefing on the conduct of
covered prototype and demonstration projects at each military
installation designated pursuant to subsection (b). Such briefing shall
include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects at
each military installation so designated by not later than one year
after the date of the enactment of this Act.
(e) Deadline for Commencement of Projects.--Beginning not later
than one year after the date of the enactment of this Act, covered
prototype and demonstration projects shall be conducted at, and such
conduct shall be incorporated into the mission of, each military
installation designated pursuant to subsection (b).
(f) Responsibility for Administration and Oversight.--
Notwithstanding the responsibility of the Secretary of Defense to
select each military installation for designation pursuant to
subsection (b)(2), the administration and oversight of the conduct of
covered prototype and demonstration projects at a military installation
so designated, as required under subsection (a), shall be the
responsibility of the Secretary of the military department with
jurisdiction over that military installation.
(g) Consortiums.--
(1) In general.--Each Secretary of a military department may
enter into a partnership with, or seek to establish, a consortium
of industry, academia, and other entities described in paragraph
(2) to conduct covered prototype and demonstration projects at a
military installation that is under the jurisdiction of that
Secretary and designated by the Secretary of Defense pursuant to
subsection (b).
(2) Consortium entities.--The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which relates to
technologies and business models relating to energy resilience
and all hazards resilience.
(h) Authorities.--
(1) In general.--Covered prototype and demonstration projects
required under this section may be conducted as part of the program
for operational energy prototyping established under section 324(c)
of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3523; 10
U.S.C. 2911 note) (including by using funds available under the
Operational Energy Prototyping Fund established pursuant to such
section), using the other transactions authority under section 4021
or 4022 of title 10, United States Code, or using any other
available authority or funding source the Secretary of Defense
determines appropriate.
(2) Follow-on production contracts or transactions.--Each
Secretary of a military department shall ensure that, to the extent
practicable, any transaction entered into under the other
transactions authority under section 4022 of title 10, United
States Code, for the conduct of a covered prototype and
demonstration project under this section shall provide for the
award of a follow-on production contract or transaction pursuant to
subsection (f) of such section 4022.
(i) Interagency Collaboration.--In carrying out this section, to
the extent practicable, the Secretary of Defense shall collaborate with
the Secretary of Energy and the heads of such other Federal departments
and agencies as the Secretary of Defense may determine appropriate,
including by entering into relevant memoranda of understanding.
(j) Rule of Construction.--Nothing in this section shall be
construed as precluding any Secretary of a military department from
carrying out any activity, including conducting a project or making an
investment, relating to the improvement of energy resilience or all
hazards resilience under an authority other than this section.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``community infrastructure'' has the meaning given
that term in section 2391(e) of title 10, United States Code.
(3) The term ``covered prototype and demonstration project''
means a project to prototype and demonstrate advanced technologies
to enhance energy resilience, including with respect to energy
supply disruptions, and all hazards resilience at a military
installation.
(4) The term ``military installation'' has the meaning given
that term in section 2867 of title 10, United States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE
CHARGING SOLUTIONS TO MITIGATE GRID STRESS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the
Secretary of Energy, shall carry out a pilot program to develop and
test covered infrastructure to mitigate grid stress caused by electric
vehicles through the implementation and maintenance on certain military
installations of charging stations, microgrids, and other covered
infrastructure sufficient to cover the energy demand at such
installations.
(b) Selection of Military Installations.--
(1) Selection.--Not later than 180 days after the date of the
enactment of this Act, each Secretary of a military department
shall--
(A) select at least one military installation of each Armed
Force under the jurisdiction of that Secretary at which to
carry out the pilot program under subsection (a); and
(B) submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification containing an
identification of each such selected installation.
(2) Considerations.--In choosing a military installation for
selection pursuant to paragraph (1), each Secretary of a military
department shall take into account the following:
(A) A calculation of existing loads at the installation and
the existing capacity of the installation for the charging of
electric vehicles, including (as applicable) light duty trucks.
(B) Any required upgrades to covered infrastructure on the
installation, including electrical wiring, anticipated by the
Secretary.
(C) The ownership, financing, operation, and maintenance
models of existing and planned covered infrastructure on the
installation.
(D) An assessment of local grid needs, and any required
updates relating to such needs anticipated by the Secretary.
(c) Report.--
(1) In general.--Not later than one year after the date on
which a Secretary of a military department submits a notification
identifying a selected military installation under subsection (b),
that Secretary shall submit to the Committee on Armed Services and
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Armed Services of the Senate a
report on--
(A) the covered infrastructure to be implemented under the
pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for efficacy
and efficiency at providing sufficient energy to cover the
anticipated energy demand of the electric vehicle fleet at the
installation and mitigating grid stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure, including a
microgrid, that will be sufficient to--
(i) cover the anticipated electricity demand of such
fleet; and
(ii) improve installation energy resilience.
(2) Elements.--Each report under paragraph (1) shall include,
with respect to the selected military installation for which the
report is submitted, the following:
(A) A determination of the type and number of charging
stations to implement on the installation, taking into account
the interoperability of chargers and the potential future needs
or applications for chargers, such as vehicle-to-grid or
vehicle-to-building applications.
(B) A determination of the optimal ownership model to
provide charging stations on the installation, taking into
account the following:
(i) Use of Government-owned (purchased, installed, and
maintained) charging stations.
(ii) Use of third-party financed, installed, operated,
and maintained charging stations.
(iii) Use of financing models in which energy and
charging infrastructure operations and maintenance are
treated as a service.
(iv) Cyber and physical security considerations and
best practices associated with different ownership,
network, and control models.
(C) A determination of the optimal power source to provide
charging stations at the installation, taking into account the
following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to support both
charging requirements and energy storage.
(3) Source of services.--Each Secretary of a military
department may use expertise within the military department or
enter into a contract with a non-Department of Defense entity to
make the determinations specified in paragraph (2).
(d) Final Report.--Not later than January 1, 2025, the Secretary of
Defense shall submit to the congressional committees specified in
subsection (c)(1) a final report on the pilot program under subsection
(a). Such report shall include the observations and findings of the
Department relating to the charging stations and other covered
infrastructure implemented and maintained under such pilot program,
including with respect to the elements specified in subsection (c)(2).
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given those terms in section 101 of title 10,
United States Code.
(2) The term ``charging station'' means a collection of one or
more electric vehicle supply equipment units serving the purpose of
charging an electric vehicle battery.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of Defense
determines may be used to--
(i) charge electric vehicles, including by transmitting
electricity to such vehicles directly; or
(ii) support the charging of electric vehicles,
including by supporting the resilience of grids or other
systems for delivering energy to such vehicles (such as
through the mitigation of grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the specific
purpose of delivering energy to an electric vehicle or to a
battery intended to be used in an electric vehicle,
including wireless charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(5) The term ``electric vehicle supply equipment unit'' means
the port that supplies electricity to one vehicle at a time.
(6) The term ``microgrid'' means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``wireless charging'' means the charging of a
battery by inductive charging or by any means in which a battery is
charged without a wire, or plug-in wire, connecting the power
source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) Pilot Program Required.--
(1) In general.--Subject to the availability of appropriations
for such purpose, the Secretary of Defense shall conduct a pilot
program on the use of sustainable aviation fuel by the Department
of Defense (in this section referred to as the ``pilot program'').
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select not fewer than two geographically diverse facilities of
the Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is also actively seeking to
increase the use of sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each facility
under paragraph (1), the Secretary shall submit to the appropriate
congressional committees notice of the selection, including an
identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection (b),
not later than one year after the selection of the facility, the
Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
appropriate congressional committees; and
(C) provide to the appropriate congressional committees a
briefing on such plan that includes, at a minimum--
(i) a description of any operational, infrastructure,
or logistical requirements, and recommendations, for the
blending and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected under
subsection (b), during the period beginning on a date that is not
later than September 30, 2028, and for five years thereafter, the
Secretary shall require, in accordance with the respective plan
developed under paragraph (1), the exclusive use at the facility of
aviation fuel that is blended to contain not less than 10 percent
sustainable aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation
fuel used under the pilot program shall meet the following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department of
Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a national
security contingency; and
(2) submits to the congressional defense committees notice of
such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements, and recommendations, for the blending
and use of sustainable aviation fuel, with a focus on scaling
up adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports and
other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative financing
or purchasing and shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending ratios
and the associated benefits thereof;
(ii) efficiency and distance improvements of flights
using sustainable aviation fuel;
(iii) weight savings on large transportation aircraft
and other types of aircraft by using blended fuel with
higher concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable aviation
fuel, including with respect to engine longevity;
(v) the effect of the use of sustainable aviation fuel
on emissions and air quality;
(vi) the effect of the use of sustainable aviation fuel
on the environment and on surrounding communities,
including environmental justice factors that are created by
the demand for and use of sustainable aviation fuel by the
Department of Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(B) The Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
(2) The term ``sustainable aviation fuel'' has the meaning
given such term in section 40007(e) of the Act titled `An Act to
provide for reconciliation pursuant to title II of S. Con. Res. 14'
(Public Law 117-169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED
BATTERIES THROUGH RECYCLING.
(a) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the Director of
the Defense Logistics Agency, shall establish a policy to increase the
disposition of spent advanced batteries of the Department of Defense
through recycling (including by updating the Department of Defense
Manual 4160.21, titled ``Defense Material Disposition: Disposal
Guidance and Procedures'', or such successor document, accordingly),
for the purpose of supporting the reclamation and return of precious
metals, rare earth metals, and elements of strategic importance (such
as cobalt and lithium) into the supply chain or strategic reserves of
the United States.
(b) Considerations.--In developing the policy under subsection (a),
the Assistant Secretary shall consider, at a minimum, the following
recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY USED
DEFENSE SITES PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall
issue guidance setting forth how, in prioritizing sites for activities
funded under the ``Environmental Restoration Account, Formerly Used
Defense Sites'' account established under section 2703(a)(5) of title
10, United States Code, the Assistant Secretary shall weigh the
relative risk or other factors between Installation Restoration Program
sites and Military Munitions Response Program sites.
(b) Target Goal for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target goal for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--Each Secretary of a military department
shall conduct an analysis of the military installations under the
jurisdiction of that Secretary to assess the extent to which heat
islands affect readiness, infrastructure service life, and utilities
costs. Each such analysis shall contain each of the following:
(1) An analysis of how heat islands exacerbate summer heat
conditions and necessitate the increased use of air conditioning on
the installations, including an estimate of the cost of such
increased usage with respect to both utilities costs and shortened
service life of air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) Plan.--Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly--
(1) develop a plan for mitigating the effects of heat islands
at the most severely affected installations, including by
increasing tree coverage, installing cool roofs or green roofs, and
painting asphalt; and
(2) promulgate best practices enterprise-wide for cost
avoidance and reduction of the effects of heat islands.
(c) Briefing.--Not later than September 30, 2024, the Secretaries
of the military departments shall jointly provide to the congressional
defense committees a briefing on--
(1) the findings of each analysis conducted under subsection
(a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine
appropriate.
(d) Heat Island Defined.--The term ``heat island'' means an area
with a high concentration of structures (such as building, roads, and
other infrastructure) that absorb and re-emit the sun's heat more than
natural landscapes such as forests or bodies of water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET
OF DEPARTMENT OF DEFENSE WITH ELECTRIC VEHICLES, ADVANCED-
BIOFUEL-POWERED VEHICLES, OR HYDROGEN-POWERED VEHICLES.
(a) In General.--Until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate the report described in subsection (b),
the Secretary may not enter into an indefinite delivery-indefinite
quantity delivery order contract to procure and replace the existing
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) Elements.--The report described in this subsection shall
include the following:
(1) A cost estimate for the procurement by the Secretary of
Defense, or through contract mechanisms used by the Department
(such as energy savings performance contracts), of electric non-
tactical vehicles to replace the existing non-tactical vehicle
fleet of the Department, which shall include--
(A) an estimated cost per unit and number of units to be
procured of each type of electric non-tactical vehicle (such as
trucks, buses, and vans);
(B) the cost associated with building the required
infrastructure to support electric non-tactical vehicles,
including charging stations and electric grid requirements;
(C) a lifecycle cost comparison between electric vehicles
and combustion engine vehicles of each type (such as an
electric truck versus a conventional truck);
(D) maintenance requirements of electric vehicles compared
to combustion engine vehicles; and
(E) for each military department, a cost comparison over
periods of three, five, and 10 years of pursuing an electric
non-tactical vehicle fleet versus continuing with combustion
engine non-tactical vehicles.
(2) An assessment of the current and projected supply chain
shortfalls, including critical minerals, for electric vehicles and
combustion engine vehicles.
(3) An assessment of the security risks associated with data
collection conducted with respect to electric vehicles, combustion
engine vehicles, and the related computer systems for each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and the
average life of vehicles of the Department necessary to maintain
current readiness requirements of the Department.
(5) An identification of components for electric non-tactical
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered
vehicles, and combustion engine vehicles that are currently being
sourced from the People's Republic of China.
(6) An assessment of the mid- and long-term costs and benefits
to the Department of falling behind industry trends related to the
adoption of alternative fuel vehicles including electric vehicles,
hydrogen-powered vehicles, and advanced-biofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts for such
engines, including whether or not such engines and spare parts will
be manufactured in the United States or repairable with parts made
in the United States and labor in the United States.
(8) An assessment of the relative risks associated with parking
and storing electric vehicles, hydrogen-powered vehicles, advanced-
biofuel-powered vehicles, and combustion engine vehicles inside
parking structures, including fire risk and water damage.
(c) Additional Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the Department
of Defense may be obligated or expended to procure non-tactical
vehicles that are electric vehicles, advanced-biofuel-powered vehicles,
or hydrogen-powered vehicles, or any components or spare parts
associated with such vehicles, that are not in compliance with subpart
22.15 of the Federal Acquisition Regulation (or any successor
regulations).
(d) Definitions.--In this section:
(1) The term ``advanced-biofuel-powered vehicle'' 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 ``charging station'' means a parking space with
electric vehicle supply equipment that supplies electric energy for
the recharging of electric vehicles with at least a level two
charger.
(3) The term ``electric grid requirements'' means the power
grid and infrastructure requirements needed to support plug-in
electric vehicles and vehicle-to-grid requirements.
(4) The term ``electric non-tactical vehicle'' means a non-
tactical vehicle that is an electric vehicle.
(5) The terms ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion engine
or gas tank.
(6) The term ``hydrogen-powered vehicle'' means a vehicle that
uses hydrogen as the main source of motive power, either through a
fuel cell or internal combustion.
(7) The term ``non-tactical vehicle'' means a vehicle other
than a tactical vehicle.
(8) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design motor
vehicle modified to military specification, to provide direct
transportation support of combat or tactical operations, or for the
training of personnel for such operations.
Subtitle C--Red Hill Bulk Fuel Storage Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--The Secretary of Defense shall complete the
defueling of the Red Hill Bulk Fuel Storage Facility in a safe and
expeditious manner by a deadline that is approved by the State of
Hawaii Department of Health.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, and quarterly thereafter until the
completion of the defueling of the Red Hill Bulk Fuel Storage
Facility, the Secretary of Defense shall submit to the
congressional defense committees, and make publicly available on an
appropriate website of the Department of Defense, a report on the
status of such defueling.
(b) Planning and Implementation of Defueling.--The Secretary of
Defense shall plan for and implement the defueling of the Red Hill Bulk
Fuel Storage Facility in consultation with the Administrator of the
Environmental Protection Agency and the State of Hawaii Department of
Health.
(c) Notification Requirement.--The Secretary of Defense may not
begin the process of defueling the Red Hill Bulk Storage Facility until
the date on which the Secretary submits to the congressional defense
committees a notification that such defueling would not adversely
affect the ability of the Department of Defense to provide fuel to
support military operations in the area of responsibility of the United
States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE TANK
SYSTEM AT RED HILL BULK FUEL STORAGE FACILITY.
(a) Authorization.--The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this
section referred to as the ``Facility'').
(b) Plan for Facility Closure and Post-closure Care.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a plan for--
(A) the closure of the Facility, along with a report on the
cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources necessary for
the Secretary of the Navy to conduct such actions at the
Facility;
(D) coordination and communication with applicable Federal
and State regulatory authorities, and surrounding communities,
on release response and remediation activities conducted by the
Secretary of the Navy at the Facility;
(E) improvements to processes, procedures, organization,
training, leadership, education, facilities, and policy of the
Department of Defense related to best practices for the
remediation and closure of the Facility; and
(F) measures to ensure that future strategic level assets
of the Department of Defense are properly maintained and
critical environmental assets are protected.
(2) Preparation of plan.--The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation with
the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) Identification of Point of Contact at Department of Defense.--
Not later than 60 days after the date of the enactment of this Act, to
ensure clear and consistent communication relating to defueling,
closure, and release response, the Secretary of Defense shall identify
a single point of contact within the Office of the Secretary of Defense
to oversee and communicate with the public and Members of Congress
regarding the status of the Facility.
(d) Water Monitoring Briefing.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of the Navy shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the status of the ground
water monitoring program--
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility; and
(3) to coordinate with the Agency for Toxic Substances and
Disease Registry of the Department of Health and Human Services as
the Agency conducts a follow up to the previously conducted
voluntary survey of individuals and entities potentially impacted
by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO UNITED
STATES INDO-PACIFIC COMMAND.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2023 for the Office of
the Secretary of Defense for administration and service-wide
activities, not more than 90 percent may be obligated or expended until
the Secretary of Defense submits to the congressional defense
committees a report that includes the following elements:
(1) The bulk fuel requirements of the United States Indo-
Pacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel, disaggregated by
theater component commander, as such term is defined in section
1513 of title 10, United States Code, implementing the requirement.
(2) The hardening requirements of the United States Indo-
Pacific Command associated with the distribution of bulk fuel to
support the proposed force laydown in the area of responsibility of
such command.
(3) A bulk fuels connector strategy to reposition fuels within
the area of responsibility of such command, which shall include a
specific assessment of the following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and any
specific requirements associated with the proposed force
laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the Department
of Defense to logistically support theater-specific bulk fuel
requirements.
(C) The bulk fuel requirements for light amphibious warfare
ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified in
paragraphs (1) through (3), including programmed and unfunded
requirements, and a description of any additional staffing or
resources necessary to meet such requirements.
(5) A risk assessment of the potential risk associated with the
denial of access to bulk fuel storage facilities located in foreign
countries, including a specific assessment of clauses in contracts
entered into by the Director of the Defense Logistics Agency that
provide for surety of access to such storage facilities, taking
into account the insurance sought with respect to such surety and
the anticipated penalties for failing to provide such surety.
(b) Inclusion in Separate Reports.--An element listed in paragraphs
(1) through (5) of subsection (a) shall be deemed to be included in the
report under subsection (a) if included in a separate report submitted
to the congressional defense committees on or before the date of the
submission of the report under such subsection.
(c) Form.--The report under subsection (a) shall be submitted in an
unclassified and publicly releasable form, but may contain a classified
annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO
RED HILL BULK FUEL STORAGE FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of the
Navy, in coordination with the Director of the United States Geological
Survey and the Administrator of the Environmental Protection Agency,
shall submit to the congressional defense committees a report on the
placement of sentinel or monitoring wells in proximity to the Red Hill
Bulk Fuel Storage Facility for the purpose of monitoring and tracking
the movement of fuel that has escaped the Facility. Such report shall
include--
(1) the number and location of new wells that have been
established during the 12-month period preceding the date of the
submission of the report;
(2) an identification of any new wells proposed to be
established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the Halawa
shaft, the Halawa Well, and the Aiea Well.
(b) Quarterly Briefings.--Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of the Navy shall provide to
the congressional defense committees a briefing on the progress of the
Department of the Navy toward installing the wells described in
paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON
OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) In general.--Not later than July 31, 2023, the Secretary of
Defense shall conduct a study on how the Department of Defense may
best address the future water needs of the Armed Forces on the
island of Oahu. Such study shall include consideration of--
(A) the construction of a new water treatment plant or
plants;
(B) the construction of a new well for use by members of
the Armed Forces and the civilian population;
(C) the construction of a new well for the exclusive use of
members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or existing
publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu Board
of Water Supply; and
(F) any other water solutions the Secretary of Defense
determines appropriate.
(2) Consultation.--In carrying out the study under paragraph
(1), the Secretary of Defense shall consult with the Administrator
of the Environmental Protection Agency, the State of Hawaii, the
Honolulu Board of Water Supply, and any other entity the Secretary
of Defense determines appropriate.
(3) Report; briefing.--Upon completion of the study under
paragraph (1), the Secretary of Defense shall--
(A) submit to the appropriate congressional committees a
report on the findings of the study; and
(B) provide to the appropriate congressional committees a
briefing on such findings.
(b) Hydrological Studies.--
(1) Groundwater flow model study.--Not later than July 31,
2023, the Secretary of the Navy, in consultation with the
Administrator of the Environmental Protection Agency, the Director
of the United States Geological Survey, and the State of Hawaii,
shall commence the conduct of a new study, or continue an existing
study, to further refine the modeling of groundwater flow in the
area surrounding the Red Hill Bulk Fuel Storage Facility. Such
study shall be designed to--
(A) seek to improve the understanding of the direction and
rate of groundwater flow and dissolved fuel migration within
the aquifers in the area surrounding the facility;
(B) reflect site-specific data, including available data of
the heterogeneous subsurface geologic system of such area; and
(C) address previously identified deficiencies in existing
groundwater flow models.
(2) Deadlines for completion.--
(A) Groundwater flow model study.--The study under
paragraph (1) shall be completed by not later than one year
after the date of the enactment of this Act.
(B) Subsequent study.--Not later than one year after the
date on which the study under paragraph (1) is completed, the
Secretary of the Navy shall complete a subsequent study to
model contaminant fate and transport in the area surrounding
the Red Hill Bulk Fuel Storage Facility.
(3) Reports; briefings.--Upon completion of a study under this
subsection, the Secretary of the Navy shall--
(A) submit to the congressional defense committees a report
on the findings of the study; and
(B) provide to the congressional defense committees a
briefing on such findings.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of
Representatives.
(3) The Committee on Environment and Public Works of the
Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL STORAGE
FACILITY.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center that meets the criteria specified in paragraph (2) under
which such center will conduct a study to determine the range of
feasible alternative Department of Defense uses for the Red Hill
Bulk Fuel Storage Facility and provide to the Secretary a report on
the findings of the study. The conduct of such study shall
include--
(A) engagement with stakeholders;
(B) a review of historical alternative uses of facilities
with similar characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options, including data
and information collected from various stakeholders and through
site visits to physically inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into an
agreement under paragraph (1) shall meet the following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis using a
multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such facilities
support missions; and
(iii) the measurement of environmental impacts.
(D) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study. Such
cost-benefit analysis shall cover each of the following for each such
alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and maintenance
costs of operating the facility, such as annual operating costs,
predicted maintenance costs, and any disposal costs at the end of
the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including any
potential employment opportunities for members of the community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.
(7) Any additional factors determined to be relevant by the
federally funded research and development center in consultation
with the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an
agreement entered into pursuant to subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the findings of the study.
(e) Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to subsection
(a) shall specify that the federally funded research and
development center shall make an unclassified version of the report
provided to the Secretary publicly available on an appropriate
website of the center.
(2) Department of defense.--Upon receipt of such report, the
Secretary shall make an unclassified version of the report publicly
available on an appropriate website of the Department of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH
IMPLICATIONS OF FUEL LEAKS AT RED HILL BULK FUEL STORAGE
FACILITY.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Health and Human Services, shall provide to the
congressional defense committees a briefing on the efforts of the
Secretary of Defense to appropriately track the health implications of
fuel leaks at the Red Hill Bulk Fuel Storage Facility for members of
the Armed Forces and dependents thereof, including members of each
Armed Force and dependents thereof. The briefing shall include each of
the following:
(1) A plan to coordinate with the Director of the Centers for
Disease Control and Prevention to align such efforts with the
public health assessment and monitoring efforts of the Director.
(2) A description of any potential benefits of coordinating and
sharing data with the State of Hawaii Department of Health.
(3) An analysis of the extent to which data from the State of
Hawaii Department of Health and data from other non-Department of
Defense sources can and should be used in any long-term health
study relating to fuel leaks at the Red Hill Bulk Fuel Storage
Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that occurred
in May and November 2021, respectively.
(5) A description of any contaminants, including fuel, detected
in the water supply at the Red Hill Bulk Fuel Storage Facility
during the 12-month period preceding the fuel leak at such facility
that occurred in November 2021.
(6) A description of any potential benefits of broadening the
tracing window to include indications of contaminants, including
fuel, in the drinking water supply at the Red Hill Bulk Fuel
Storage Facility prior to May 2021.
(b) Armed Forces Defined.--In this section, the term ``Armed
Forces'' has the meaning given that term in section 101 of title 10,
United States Code.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO PERFLUOROALKYL
OR POLYFLUOROALKYL SUBSTANCES.
(a) Publication of Information.--
(1) In general.--Beginning not later than 180 days after the
date of the enactment of this Act, Secretary of Defense shall
publish on the publicly available website established under section
331(b) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2701 note) timely and regularly
updated information on the research efforts of the Department of
Defense relating to perfluoroalkyl substances or polyfluoroalkyl
substances, which shall include the following:
(A) A description of any research collaboration or data
sharing by the Department with the Department of Veterans
Affairs, the Agency for Toxic Substances and Disease Registry,
or any other agency (as defined in section 551 of title 5,
United States Code), State, academic institution,
nongovernmental organization, or other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense pertaining
to the development, testing, and evaluation of a fluorine-free
firefighting foam or any other alternative to aqueous film
forming foam that contains perfluoroalkyl substances or
polyfluoroalkyl substances, excluding any proprietary
information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to the
health effects of perfluoroalkyl substances or polyfluoroalkyl
substances, including information relating to the impact of
such substances on firefighters, veterans, and military
families, and excluding any personally identifiable
information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl substances or
polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances that
are supported or conducted by the Department.
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to
address the use of perfluoroalkyl substances or polyfluoroalkyl
substances and the health effects of the use of such
substances.
(2) Format.--The information published under paragraph (1)
shall be made available in a downloadable, machine-readable, open,
and user-friendly format.
(3) Definitions.--In this subsection:
(A) The term ``military installation'' includes active,
inactive, and former military installations.
(B) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(C) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
(b) Inclusion of Research Duties in Perfluoroalkyl Substances and
Polyfluoroalkyl Substances Task Force.--Section 2714(e) of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
``(6) Establishing practices to ensure the timely and complete
dissemination of research findings and related data relating to
perfluoroalkyl substances or polyfluoroalkyl substances to the
general public.''.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC
SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321
of the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283; 134 Stat. 3533), and section 342 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1643), is further amended--
(1) in clause (ii), by striking ``2023'' and inserting
``2022''; and
(2) by adding at the end the following new clause:
``(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not more
than $20,000,000 during fiscal year 2023 to the Secretary of
Health and Human Services to pay for the study and assessment
required by this section.''.
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT
GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note
prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and inserting
``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new paragraph:
``(2) Covered personal protective firefighting equipment that
does not contain an intentionally added perfluoroalkyl substance or
polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom and
at least one non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting
equipment'' means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting equipment,
as determined by the Secretary of Defense, in consultation with
the Administrator of the United States Fire Administration.''.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF
TESTING FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES ON
PRIVATE PROPERTY.
Section 345(a)(2) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by
inserting ``personally identifiable information in connection with''
after ``publicly disclose''.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF
DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING
PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement and Purchasing.--Subject to
subsection (d), beginning on October 1, 2026, the Secretary of Defense
may not enter into a contract to procure or purchase covered personal
protective firefighting equipment for use by Federal or civilian
firefighters if such equipment contains an intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(b) Implementation.--
(1) Inclusion in contracts.--The Secretary of Defense shall
include the prohibition under subsection (a) in any contract
entered into by the Department of Defense to procure covered
personal protective firefighting equipment for use by Federal or
civilian firefighters.
(2) No obligation to test.--In carrying out the prohibition
under subsection (a), the Secretary shall not have an obligation to
test covered personal protective firefighting equipment to confirm
the absence of perfluoroalkyl substances or polyfluoroalkyl
substances.
(c) Existing Inventory.--Nothing in this section shall impact
existing inventories of covered personal protective firefighting
equipment.
(d) Availability of Alternatives.--
(1) In general.--The requirement under subsection (a) shall be
subject to the availability of sufficiently protective covered
personal protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances.
(2) Extension of effective date.--If the Secretary of Defense
determines that no sufficiently protective covered personal
protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances is available, the deadline under subsection (a) shall be
extended until the Secretary determines that such covered personal
protective firefighting equipment is available.
(e) Definitions.--In this section:
(1) The term ``covered personal protective firefighting
equipment'' means--
(A) any product that provides protection to the upper and
lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equipment,
as determined by the Secretary of Defense.
(2) The term ``perfluoroalkyl substance'' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ``polyfluoroalkyl substance'' means a man-made
chemical containing at least one fully fluorinated carbon atom and
at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN MILITARY
INSTALLATIONS FROM SOURCES OTHER THAN AQUEOUS FILM-FORMING FOAM.
Not later than one year after the date of the enactment of this
Act, and annually thereafter for the following four years, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report on any known or suspected
contamination on or around military installations located in the United
States resulting from the release of any perfluoroalkyl substance or
polyfluoroalkyl substance originating from a source other than aqueous
film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING PFOS OR PFOA.
(a) Identification of Critical Uses.--Not later than June 1, 2023,
the Secretary of Defense, in consultation with the Defense Critical
Supply Chain Task Force and the Chemical and Material Risk Management
Program of the Department of Defense, shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
outlining the uses of perfluoroalkyl substances and polyfluoroalkyl
substances that are critical to the national security of the United
States, with a focus on such critical uses in--
(1) the sectors outlined in the February 2022 report of the
Department of Defense titled ``Securing Defense-Critical Supply
Chains''; and
(2) sectors of strategic importance for domestic production and
investment to build supply chain resilience, including kinetic
capabilities, energy storage and batteries, and microelectronics
and semiconductors.
(b) Annual Briefings.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing that includes a
description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate (PFOS)
or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department of
covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or PFOA.
(c) Covered Item Defined.--In this section, the term ``covered
item'' means--
(1) nonstick cookware or cooking utensils for use in galleys or
dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS
METRICS AND OBJECTIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended:
(1) in subsection (d)(2), by striking ``objectives'' and
inserting ``objectives, such as infrastructure, workforce, or
supply chain considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new subsection
(e):
``(e) Funding Estimates.--Not later than five days after the date
on which the Secretary of Defense submits to Congress the materials in
support of the budget of the President for a fiscal year, the Director
of Cost Assessment and Performance Evaluation shall submit to the
congressional defense committees a comprehensive estimate of the funds
necessary to meet the materiel readiness objectives required by
subsection (c) through the period covered by the most recent future-
years defense program. At a minimum, the Director shall provide, for
each major weapon system, by designated mission design series, variant,
or class, a comprehensive estimate of the funds necessary to meet such
objectives that--
``(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
``(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance accounts by
the end of the fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future years
defense program within the operation and maintenance accounts by
subactivity group.''.
(b) Phased Implementation.--The Director of Cost Assessment and
Performance Evaluation may meet the requirements of subsection (e) of
section 118 of title 10, United States Code, as added by subsection
(a), through a phased submission of the funding estimates required
under such subsection. In conducting a phased implementation, the
Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which the
Secretary of Defense submits to Congress the materials in support
of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL
VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as subsections
(e) through (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval
Vessels.--In addition to the plan included under subsection (a)(1), the
Secretary of Defense shall include with the defense budget materials
for a fiscal year each of the following:
``(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
``(A) A forecast of the maintenance and modernization
requirements for both the naval vessels in the inventory of the
Navy and the vessels required to be delivered under the naval
vessel construction plan under subsection (a)(1).
``(B) A description of the initiatives of the Secretary of
the Navy to ensure that activities key to facilitating the
maintenance and modernization of naval vessels (including with
respect to increasing workforce and industrial base capability
and capacity, shipyard level-loading, and facility
improvements) receive sufficient resourcing, and are including
in appropriate planning, to facilitate the requirements
specified in subparagraph (A).
``(2) A certification by the Secretary that both the budget for
that fiscal year and the future-years defense program submitted to
Congress in relation to such budget under section 221 of this title
provide for funding for the maintenance and modernization of naval
vessels at a level that is sufficient for such maintenance and
modernization in accordance with the plan under paragraph (1).'';
and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection (d)''
after ``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, is amended by striking the
item relating to section 231 and inserting the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and certification.''.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.
Section 482(b) of title 10, United States Code, is amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) A summary of the joint medical estimate under section
732(b)(1) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817) prepared
by the Joint Staff Surgeon, with a mitigation plan to correct any
readiness problem or deficiency and the timeline, cost, and any
legislative action required to correct any such problem or
deficiency.''.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR
RELIEF EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES.
Section 2208(l)(3) of title 10, United States Code, is amended--
(1) by striking ``The total'' and inserting ``(A) Except as
provided in subparagraph (B), the total''; and
(2) by adding at the end the following new subparagraph:
``(B) The dollar limitation under subparagraph (A) shall not apply
with respect to advance billing for relief efforts following a
declaration of a major disaster or emergency under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).''.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS
ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.
Section 322(c) of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2252) is repealed.
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS
REGARDING SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY.
(a) In General.--Not later than March 1, 2023, the Secretary of the
Navy shall--
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying out
the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital investments;
(2) ensure that the shipyard optimization program office of the
Navy--
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation,
historic preservation, and alternative workspace when
developing a detailed cost estimate; and
(B) uses cost estimating best practices in developing a
detailed cost estimate, including--
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under the
shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy developed
for such projects pursuant to paragraph (2) and inform the
prioritization of projects under such program.
(b) Briefing.--If the Secretary of the Navy is unable to implement
the requirements under subsection (a) by March 1, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate and the
House of Representatives before such date on--
(1) the current progress of the Secretary toward implementing
those requirements;
(2) any hindrance to implementing those requirements; and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY
INFORMATION SUPPORT OPERATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for Operation and Maintenance, Defense-Wide, for
military information support operations, not more than 75 percent may
be obligated or expended until the Secretary of Defense submits to the
congressional defense committees a plan for--
(1) appropriately scoping and tailoring messaging activities to
foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures of the
Department of Defense;
(5) adequately overseeing and approving the work of
contractors;
(6) ensuring alignment with policy guidance and procedures of
the Department; and
(7) coordinating activities with the Global Engagement Center
of the Department of State and other relevant non-Department of
Defense entities.
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING
RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS.
(a) Notification.--The Secretary of the Navy may not modify the
general policy of the Department of the Navy regarding retention rates
for contracts for Navy ship repair until a period of 15 days has
elapsed following the date on which the Assistant Secretary of the Navy
for Research, Development, and Acquisition submits to the congressional
defense committees a notification that includes, with respect to such
modification, the following information:
(1) An identification of any considerations that informed the
decision to so modify.
(2) A description of the desired effect of the modification on
the Navy ship repair industrial base.
(b) Termination.--This section, and the requirements thereof, shall
terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS IN
UNITED STATES AND EFFECT OF THOSE SHIPYARDS ON NAVAL FLEET
READINESS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Navy shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and analysis
regarding the capacity and capability of private shipyards in the
United States to repair, maintain, and modernize surface combatants and
support ships of the Navy to ensure fleet readiness.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the maintenance needs of the Navy during
the five-year period preceding the date of the enactment of this
Act, including the frequency of unplanned maintenance and the
average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of the
Navy during the 10-year period following such date of enactment.
(3) An assessment of whether current private shipyards in the
United States have the capacity to meet current and anticipated
needs of the Navy to maintain and repair ships, including whether
there are adequate ship repair facilities and a sufficiently
trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and
capability.
(5) Recommendations based on the findings of paragraphs (1)
through (4) regarding actions the Secretary of the Navy can take to
ensure there is an industrial base of private ship repair
facilities to meet the needs of the Navy and ensure fleet
readiness, including whether the Secretary should institute a new
force generation model, establish additional homeport facilities,
or establish new hub-type maintenance facilities.
(c) Input From Private Shipyards.--In conducting research and
analysis under subsection (a), the nonprofit entity or federally funded
research and development center with which the Secretary of the Navy
enters into an agreement under subsection (a) shall consult with
private shipyards regarding--
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary to
meet the needs of the Navy.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the nonprofit entity or federally funded
research and development center with which the Secretary of the
Navy enters into an agreement under subsection (a) shall submit to
the Secretary a report on the results of the research and analysis
undertaken under such subsection.
(2) Submission to congress.--Not later than 30 days after the
Secretary receives the report under paragraph (1), the Secretary
shall submit to the congressional defense committees a copy of the
report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS
ACROSS UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center that
meets the criteria under subsection (b) to conduct a study on fuel
distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(b) Criteria for FFRDC.--The criteria under this subsection are the
following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and analysis
using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA Strategic Fuel Assessment.--In conducting the study
pursuant to a contract under subsection (a), the federally funded
research and development center shall use the results of the July 1,
2020, report of the Institute for Defense Analyses titled ``INDOPACOM
Strategic Fuel Assessment'' as a baseline to inform its analysis of
fuel distribution logistics in the area of responsibility of the United
States Indo-Pacific Command.
(d) Elements.--A contract under subsection (a) shall provide that a
study conducted under the contract shall include, with respect to the
area of responsibility of the United States Indo-Pacific Command, the
following:
(1) An evaluation of the vulnerabilities associated with the
production, refinement, and distribution of fuel by the Armed
Forces during periods of conflict and in contested logistics
environments within the area, including with respect to the
capability of the Armed Forces to sustain operational flights by
aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety of
means, including financial means, cyber means, and conventional
kinetic attacks.
(3) An assessment of any gaps in the capability or capacity of
inter- or intra-theater fuel distribution, including any gaps
relating to storage, transfer platforms, manning for platforms,
command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel support
points in the area, including with respect to operational
suitability and vulnerability to a variety of kinetic threats.
(5) An assessment of the readiness of allies and partners of
the United States to support the supply, storage, and distribution
of fuel by the Armed Forces in the area, including a review of any
relevant security cooperation agreements entered into between the
United States and such allies and partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) Report.--
(1) Submission to secretary of defense.--
(A) In general.--A contract under subsection (a) shall
provide that a study conducted under the contract shall require
that the federally funded research and development center
submit to the Secretary a report containing the findings of
such study.
(B) Form.--The report under subparagraph (A) shall be
submitted in an unclassified and publicly releasable form, but
may include a classified annex.
(2) Submission to congress.--Not later than 30 days after the
date on which the Secretary receives the report under paragraph
(1)(A), the Secretary shall submit to the appropriate congressional
committees a copy of such report, submitted without change.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``contested logistics environment'' has the
meaning given such term in section 2926 of title 10, United States
Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF
FUEL DISTRIBUTION POINTS IN UNITED STATES INDO-PACIFIC COMMAND
AREA OF RESPONSIBILITY.
(a) Quarterly Briefings.--On a quarterly basis until the date that
is two years after the date of the enactment of this Act, the Commander
of United States Indo-Pacific Command shall provide to the
congressional defense committees briefings on the use of the funds
described in subsection (c).
(b) Contents of Briefings.--Each briefing under subsection (a)
shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the Red
Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are
the amounts authorized to be appropriated or otherwise made available
for fiscal year 2023 for Military Construction, Defense-wide for
Planning and Design for United States Indo-Pacific Command.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY
MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 239d. Budgeting for depot and ammunition production facility
maintenance and repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall include with
the defense budget materials for each fiscal year a report regarding
the maintenance and repair of covered facilities.
``(b) Elements.--Each report required under subsection (a) shall
include, at a minimum, the following (disaggregated by military
department):
``(1) With respect to each of the three fiscal years preceding
the fiscal year covered by the defense budget materials with which
the report is included, revenue data for that fiscal year for the
maintenance, repair, and overhaul workload funded at all the depots
of the military department.
``(2) With respect to the fiscal year covered by the defense
budget materials with which the report is included and each of the
two fiscal years prior, an identification of the following:
``(A) The amount of appropriations budgeted for that fiscal
year for depots, further disaggregated by the type of
appropriation.
``(B) The amount budgeted for that fiscal year for working-
capital fund investments by the Secretary of the military
department for the capital budgets of the covered depots of the
military department, shown in total and further disaggregated
by whether the investment relates to the efficiency of depot
facilities, work environment, equipment, equipment (non-capital
investment program), or processes.
``(C) The total amount required to be invested by the
Secretary of the military department for that fiscal year for
the capital budgets of covered depots pursuant to section
2476(a) of this title.
``(D) A comparison of the budgeted amount identified under
subparagraph (B) with the total required amount identified
under subparagraph (C).
``(E) For each covered depot of the military department, of
the total required amount identified under subparagraph (C),
the percentage of such amount allocated, or projected to be
allocated, to the covered depot for that fiscal year.
``(3) For each covered facility of the military department, the
following:
``(A) Information on the average facility condition,
average critical facility condition, restoration and
maintenance project backlog, and average equipment age,
including a description of any changes in such metrics from
previous years.
``(B) Information on the status of the implementation at
the covered facility of the plans and strategies of the
Department of Defense relating to covered facility improvement,
including, as applicable, the implementation of the strategy
required under section 359 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1323; 10 U.S.C. 2460 note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an
ammunition organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials' have
the meaning given those terms in section 234 of this title.
``(3) The term `covered depot' has the meaning given that term
in section 2476 of this title.
``(4) The term `covered facility' means a covered depot or an
ammunition production facility.''.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS
FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
Chapter 146 of title 10, United States Code, is amended by
inserting after section 2742 the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 2473. Annual five-year plans on improvement of depot
infrastructure
``(a) Submission.--As part of the annual budget submission of the
President under section 1105(a) of title 31, each Secretary of a
military department shall submit to the congressional defense
committees a plan describing the objectives of that Secretary to
improve depot infrastructure during the five fiscal years following the
fiscal year for which such budget is submitted.
``(b) Elements.--Each plan submitted by a Secretary of a military
department under subsection (a) shall include the following:
``(1) With respect to the five-year period covered by the plan,
an identification of the major lines of effort, milestones, and
specific goals of the Secretary over such period relating to the
improvement of depot infrastructure and a description of how such
goals support the goals outlined in section 359(b)(1)(B) of the
National Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1324; 10 U.S.C. 2476 note).
``(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be addressed
by the Department of Defense budget request submitted during the
same year as the plan and the applicable future-years defense
program.
``(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may be
necessary to carry out planned depot infrastructure improvements.
``(4) Detailed information regarding how depot infrastructure
improvement projects will be paced and sequenced to ensure
continuous operations.
``(c) Incorporation of Results-oriented Management Practices.--Each
plan under subsection (a) shall incorporate the leading results-
oriented management practices identified in the report of the
Comptroller General of the United States titled `Actions Needed to
Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency' (GAO-19-242), or any successor
report, including--
``(1) analytically based goals;
``(2) results-oriented metrics;
``(3) the identification of required resources, risks, and
stakeholders; and
``(4) regular reporting on progress to decision makers.''.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN
DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Each fiscal year'' and inserting ``(1)
Each fiscal year'';
(B) by striking ``six'' and inserting ``eight''; and
(C) by inserting after paragraph (1), as designated by
subparagraph (A), the following new paragraph:
``(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph (1) for
each fiscal year--
``(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment, work
environment, or processes in direct support of depot operations;
and
``(B) 25 percent shall be used for the sustainment,
restoration, and modernization (as such terms are defined in the
Department of Defense Financial Management Regulation 7000.14-R, or
successor regulation) of existing facilities or infrastructure.'';
(2) in subsection (b), by striking ``, but does not include
funds spent for sustainment of existing facilities, infrastructure,
or equipment'';
(3) by redesignating subsections (c) through (e) as subsections
(d) through (f);
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements Relating to Personnel
and Total Force Management.--In identifying amounts to invest pursuant
to the requirement under subsection (a)(1), the Secretary of a military
department shall comply with all applicable requirements of sections
129 and 129a of this title.''; and
(5) in subsection (e)(2), as redesignated by paragraph (3), by
adding at the end the following new subparagraph:
``(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under
subsection (a)(1), disaggregated by funding source and whether the
amount is allocated pursuant to subparagraph (A) or subparagraph
(B) of subsection (a)(2).''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such section is further amended in subsections
(d) and (e), as redesignated by subsection (a)(3), by striking
``subsection (a)'' and inserting ``subsection (a)(1)'' each place
it appears.
(2) Additional technical and conforming amendments.--Section
2861(b) of title 10, United States Code, is amended--
(A) by striking ``subsection (e) of section 2476'' and
inserting ``subsection (f) of section 2476''; and
(B) by striking ``subsection (a) of such section'' and
inserting ``subsection (a)(1) of such section''.
(c) Applicability.--The amendments made by this section shall apply
with respect to fiscal years beginning on or after October 1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2464(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS
EXPENDED FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2466(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD
CARRYOVER OF DEPARTMENT OF THE ARMY.
For purposes of calculating the amount of workload carryover with
respect to the depots and arsenals of the Department of the Army, the
Secretary of Defense shall authorize the Secretary of the Army to use a
calculation for such carryover that applies a material end of period
exclusion.
Subtitle G--Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON
ACTIVITIES OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
(1) by striking ``Report.--The Chair'' and inserting
``Reports.--(1) The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than March 31, 2023, and not later than December 31
of each year thereafter, the Deputy Secretary of Defense shall submit
to the congressional defense committees a report containing--
``(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission of the
report with respect to the activities of the Council; and
``(B) an assessment by the Deputy Secretary of the activities
of the Council carried out during the year preceding the date of
such submission.''.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS
USING MILITARY WORKING DOGS.
(a) In General.--Chapter 50 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 995. Accountability for contractors using military working dogs
``(a) Annual Reporting Requirement for Contractors.--Each covered
contract shall specify that the contractor is required to submit to the
Under Secretary of Defense (Comptroller), on an annual basis for the
duration of the covered contract, a report containing an identification
of--
``(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of the
continental United States in support of a military operation, if
any; and
``(2) the primary location of any such military working dogs.
``(b) Covered Contract Defined.--In this section the term `covered
contract' means a contract that the Secretary of Defense determines
involves military working dogs.''.
(b) Applicability.--Section 995 of title 10, United States Code, as
added by subsection (a), shall apply with respect to a contract entered
into on or after the date of the enactment of this Act.
(c) Briefing Requirement.--Not later than March 1, 2023, and
annually thereafter for each of the subsequent three years, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the implementation of section 995 of title 10,
United States Code, as added by subsection (a).
(d) Deadline for Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall issue the guidance on the annual reporting
requirement under section 995 of title 10, United States Code, as added
by subsection (a).
(e) Regulations to Prohibit Abandonment.--Not later than two years
after the date of the enactment of this Act, the Secretary of Defense
shall issue regulations to prohibit the abandonment of military working
dogs used in support of a military operation outside of the continental
United States.
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not operating
as a service in the Department of the Navy, an officer of the Coast
Guard, appointed by the Secretary of Homeland Security.''.
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIORITIES NATIONAL GUARD
RESPONSIBILITIES IN CONNECTION WITH NATURAL AND MAN-MADE
DISASTERS.
(a) In General.--In the report required under section 222a of title
10, United States Code, for fiscal year 2024, the officer specified
under subsection (b)(7) of such section shall include as part of the
National Guard unfunded priorities described in subsection (c)(3) of
such section unfunded priorities that relate to non-Federal National
Guard responsibilities in connection with natural and man-made
disasters.
(b) Technical Amendment.--Section 222a(c)(3) of title 10, United
States Code, is amended by striking ``subsection (b)(6)'' both places
it appears and inserting ``subsection (b)(7)''.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL ON
WILDFIRE PREVENTION AND RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1367; 32 U.S.C. 501 note) is
amended to read as follows:
``SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.
``The Secretary of the Army and the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau, may provide
support for the training of appropriate personnel of the National Guard
on wildfire prevention and response. In carrying out this section, the
Secretaries--
``(1) shall give a preference to personnel assigned to military
installations with the highest wildfire suppression needs, as
determined by the Secretaries; and
``(2) may consult with the Executive Board of the National
Interagency Fire Center.''.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM
ON MILITARY WORKING DOGS AND EXPLOSIVES DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1672; 10 U.S.C. 3062 note) is amended by striking ``2024'' and
inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and
Department of Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with the
Secretary of Homeland Security, shall conduct a review of the
recent and ongoing research, testing, and evaluation efforts of the
Department of Defense and the Department of Homeland Security,
respectively, regarding explosives detection working dogs.
(2) Matters.--The review under paragraph (1) shall include an
analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland Security,
respectively, relating to explosives detection working dogs,
and any similarities between such efforts.
(B) Any recent or ongoing veterinary research efforts of
the Department of Defense or the Department of Homeland
Security, respectively, relating to working dogs, canines, or
other areas that may be relevant to the improvement of the
breeding, health, performance, or training of explosives
detection working dogs.
(C) Any research areas relating to explosives detection
working dogs in which there is a need for ongoing research but
no such ongoing research is being carried out by either the
Secretary of Defense or the Secretary of Homeland Security,
particularly with respect to the health, domestic breeding, and
training of explosives detection working dogs.
(D) How the recent and ongoing research efforts of the
Department of Defense and the Department of Homeland Security,
respectively, may improve the domestic breeding of working
dogs, including explosives detection working dogs, and the
health outcomes and performance of such domestically bred
working dogs, including through coordination with academic or
industry partners with experience in research relating to
working dogs.
(E) Potential opportunities for the Secretary of Defense to
collaborate with the Secretary of Homeland Security on research
relating to explosives detection working dogs.
(F) Any research partners of the Department of Defense or
the Department of Homeland Security, or both, that may be
beneficial in assisting with the research efforts and areas
described in this subsection.
(c) Plan Required.--Not later than 180 days of the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall submit to the appropriate
congressional committees a plan for the Secretary of Defense to
collaborate, as appropriate, with the Secretary of Homeland Security on
research relating to explosives detection working dogs and other
relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for collaboration
between the Secretary of Defense and the Secretary of Homeland
Security on the research efforts and areas described in subsection
(a)(2).
(2) An identification of specific programs or areas of research
for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to carry
out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic and
industry partners with experience in research relating to working
dogs, including an identification of potential opportunities for
such coordination in carrying out the collaboration described in
paragraph (1).
(6) A proposed timeline for the Secretary of Defense to engage
in such collaboration, including specific proposed deadlines.
(7) A description of how programs carried out pursuant to this
section seek to address the health and welfare issues identified by
the Comptroller General of the United States in the report titled
``Working Dogs: Federal Agencies Need to Better Address Health and
Welfare'' published on October 19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means the
following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House of
Representatives.
(C) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(2) The term ``explosives detection working dog'' means a
canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified and
trained to detect odors indicating the presence of explosives in a
given object or area, in addition to the performance of such other
duties for the Federal department or agency as may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.
(a) Use of Natural Features.--Section 101(a)(3)(A) of the Sikes Act
(16 U.S.C. 670a(a)(3)(A)) is amended--
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
``(ii) the use of natural and nature-based features to
maintain or improve military installation resilience;''.
(b) Expanding and Making Permanent the Program for Invasive Species
Management for Military Installations.--Section 101(g) of the Sikes Act
(16 U.S.C. 670a(g)) is amended--
(1) by striking the header and inserting ``Program for Invasive
Species Management for Military Installations''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through 2014,
the'' and inserting ``The''; and
(B) by striking ``in Guam''.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT
MILITARY INSTALLATIONS.
(a) Standards Required.--Beginning not later than one year after
the date of the enactment of this Act, the Secretary of Defense shall
ensure that--
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations comply with the national consensus standards
developed by the National Fire Protection Association;
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a military
installation is not less than four firefighters per vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a
military installation is not less than three firefighters per
vehicle.
(b) Reports Required.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report that--
(1) details each instance in which the standards of that
military department deviate from the national consensus standards
specified in subsection (a)(1), and at what military installation;
(2) includes, for each military installation under the
jurisdiction of that Secretary, a detailed description of response
times for emergency services and firefighting vehicle staffing
levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified in
subsection (a)(1) in accordance with such subsection at each
military installation under the jurisdiction of that Secretary
(without exception), the cost of requiring such compliance, and the
estimated timeline for that Secretary to implement such
requirement.
(c) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have the
meanings given such terms in section 101 of title 10, United States
Code.
(2) The term ``firefighter'' has the meaning given that term in
section 707(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Pub. L. 116-92; 10 U.S.C. 1074m note).
(3) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) In General.--Not later than October 1, 2023, the Secretary of
the Army and the Secretary of the Navy shall each initiate a pilot
program to evaluate the utility of using data recorders to monitor,
assess, and improve readiness and the safe operation of military
tactical vehicles in the Army and the Marine Corps, respectively.
(b) Duration.--Each pilot program initiated under subsection (a)
shall be carried out for a period of not less than two years.
(c) Requirements.--In carrying out a pilot program under this
section, the Secretary of the Army and the Secretary of the Navy each
shall--
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that contains
the necessary forces, equipment, and maneuver training ranges to
collect data on drivers and military tactical vehicles during
training and routine operation at which to carry out the pilot
program;
(2) install data recorders on a sufficient number of each type
of military tactical vehicle specified in subsection (d) to gain
statistically significant results;
(3) select a data recorder capable of collecting and exporting
telemetry data, event data, and driver identification data during
operation and accidents;
(4) establish and maintain a data repository for operation and
event data captured by the data recorder; and
(5) establish processes to leverage operation and event data to
improve individual vehicle operator performance, identify
installation hazards that threaten safe vehicle operation, and
identify vehicle-type specific operating conditions that increase
the risk of accidents or mishaps.
(d) Military Tactical Vehicles Specified.--Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary of
the Army or the Secretary of the Navy considers appropriate.
(e) Cyber Risk Exemption.--The Secretary of the Army or the
Secretary of the Navy, as the case may be, may exempt from a pilot
program under this section a military tactical vehicle specified under
subsection (d) if that Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a certification
that, with respect to inclusion of the military tactical vehicle, there
is a high potential of cyber risk as a result of the absence of a
cross-domain solution capable of segregating classified and
unclassified data.
(f) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall each--
(1) develop plans for implementing the pilot programs under
this section; and
(2) provide to the congressional defense committees a briefing
on those plans and the estimated cost of implementing those plans.
(g) Report Required.--Not later than December 15, 2024, the
Secretary of the Army and the Secretary of the Navy shall each submit
to the congressional defense committees a report on the respective
pilot programs carried out under this section by the Secretaries,
including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the
Secretaries.
(h) Assessment Required.--Not later than December 15, 2025, the
Secretary of the Army and the Secretary of the Navy shall jointly
submit to the congressional defense committees an assessment of the
pilot programs carried out under this section, including--
(1) insights and findings regarding the utility of using data
recorders to monitor, assess, and improve readiness and the safe
operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring
program to use data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost of
such an enduring program; and
(4) such other matters as the Secretary of the Army and the
Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OF-POCKET COSTS
OF MEMBERS OF THE ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall take such
steps as may be necessary to track the expected useful life of uniform
items for officers and enlisted members of the Armed Forces, for the
purposes of--
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based on
the replacement rate estimated pursuant to paragraph (1) and the
out-of-pocket costs determined pursuant to paragraph (2); and
(4) determining the adequacy of the uniform allowance for
enlisted members of the Armed Forces.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the expected useful life
of required uniform items for members of the Armed Forces, projected
changes to such required uniform items, and related costs anticipated
by the Secretary (disaggregated by Armed Force). Such report shall
include--
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, as
determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO ANIMAL
FACILITY SANITATION AND PLAN FOR HOUSING AND CARE OF HORSES.
(a) Implementation by Secretary of the Army of Certain
Recommendations Relating to Animal Facility Sanitation.--Not later than
March 1, 2023, the Secretary of the Army shall implement the
recommendations contained in the memorandum of the Department of the
Army dated February 25, 2022, the subject of which is ``Animal Facility
Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks
and the Fort Belvoir Caisson Pasture Facility'' (MHCB-RN).
(b) Plan for Housing and Care of All Horses Within Care of Old
Guard.--
(1) In general.--Not later than March 1, 2023, the Secretary of
the Army shall submit to Congress a plan for the housing and care
of all horses within the care of the 3rd United States Infantry
(commonly known as the ``Old Guard'').
(2) Elements.--The plan required by paragraph (1) shall
include--
(A) a description of each modification planned or underway
at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir
Caisson Pasture Facility, and any other facility or location
under consideration for stabling of the horses described in
paragraph (1);
(B) an identification of adequate space at Fort Myer,
Virginia, to properly care for the horses described in
paragraph (1);
(C) a prioritization of the allotment of the space
identified under subparagraph (B) over other functions of Fort
Myer that could be placed elsewhere;
(D) projected timelines and resource requirements to
execute the plan; and
(E) a description of--
(i) immediate remedies for the unsanitary and unsafe
conditions present at the locations described in
subparagraph (A); and
(ii) how long-term quality of life improvements will be
provided for the horses described in paragraph (1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS
EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL
TRAINING SCHOOL.
The Secretary of the Navy shall continue, through fiscal year
2023--
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction and
Technical Training School pursuant to section 352(b) of title 10,
United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF LEGACY
MARITIME MINE COUNTERMEASURES PLATFORMS.
(a) Prohibition.--Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to discontinue
or prepare to discontinue, including by making a substantive reduction
in training and operational employment, any element of the Marine
Mammal Program of the Navy, that has been used, or is currently being
used, for--
(1) port security at Navy bases, known as Mark-6 systems; or
(2) mine search capabilities, known as Mark-7 systems.
(b) Waiver.--The Secretary of the Navy may waive the prohibition
under subsection (a) if the Secretary, with the concurrence of the
Director of Operational Test and Evaluation, certifies in writing to
the congressional defense committees that the Secretary has--
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational requirements
currently being met by the Marine Mammal Program, including a
detailed explanation of such capability and quantity;
(2) achieved initial operational capability of all capabilities
referred to in paragraph (1), including a detailed explanation of
such achievement; and
(3) deployed a sufficient quantity of capabilities referred to
in paragraph (1) that have achieved initial operational capability
to continue to meet or exceed all operational requirements
currently being met by Marine Mammal Program, including a detailed
explanation of such deployment.
TITLE IV--MILITARY PERSONNEL AUTHORIZATION
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.
(a) Strength Levels to Support National Defense Strategy.--
(1) Repeal.--Section 691 of title 10, United States Code, is
repealed.
(2) Table of sections.--The table of sections at the beginning
of chapter 39 of such title is amended by striking the item
relating to section 691.
(b) Certain Active-duty and Selected Reserve Strengths.--Section
115 of such title is amended--
(1) in subsection (f), by striking ``increase'' each place it
appears and inserting ``vary''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the
jurisdiction of that Secretary by a number not equal to more than
two percent of such authorized end strength; and
``(B) vary the end strength pursuant to subsection (a)(2) for a
fiscal year for the Selected Reserve of the reserve component of
the armed force or forces under the jurisdiction of that Secretary
by a number equal to not more than one percent of such authorized
end strength.'';
(B) in paragraph (2), by striking ``increase'' each place
it appears and inserting ``variance''; and
(C) by adding at the end the following new paragraph (3):
``(3) The Secretary of the military department concerned shall
promptly notify the congressional defense committees if such Secretary
exceeds a variance under paragraph (1), and at least once every 90 days
thereafter for so long as such end strength is outside such variance.
Each such notification shall include the following:
``(A) Modified projected end strengths for active and reserve
components of the armed force or forces for which such Secretary
exceeds such variance.
``(B) An identification of any budgetary effects projected as a
result of such modified end strength projections.
``(C) An explanation of any effects on readiness resulting from
such modified end strength projections.''.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH.
(a) In General.--Notwithstanding section 115(g) of title 10, United
States Code, upon determination by the Secretary of the Air Force that
such action would enhance manning and readiness in essential units or
in critical specialties, the Secretary may vary the end strength
authorized by Congress for each fiscal year as follows:
(1) Increase the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by
a number equal to not more than 5 percent of such authorized end
strength.
(2) Decrease the end strength authorized pursuant to section
115(a)(1)(A) of such title for a fiscal year for the Space Force by
a number equal to not more than 10 percent of such authorized end
strength.
(b) Termination.--The authority provided under subsection (a) shall
terminate on December 31, 2023.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve for any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2023, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) Limitation on Number of Temporary Military Technicians (dual
Status).--The number of temporary military technicians (dual-status)
employed under the authority of subsection (a) may not exceed 25
percent of the total authorized number specified in such subsection.
(c) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2023, the maximum number of members of the
reserve components of the Armed Forces who may be serving at any time
on full-time operational support duty under section 115(b) of title 10,
United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2023 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2023.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty
in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the
grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting
retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel
from 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 departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory
retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing
duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports accompanying the national
defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the
Junior Reserve Officers' 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 certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard
officers.
Sec. 519A. Review and update of report on geographic dispersion of
Junior 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 occupational 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 recruits.
Sec. 532. Revival and extension of temporary authority for targeted
recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of
Defense.
Sec. 535. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in
public 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 aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who
specialize in air and missile defense systems.
Subtitle E--Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID
special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and
certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation
of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F--Member Education
Sec. 551. Authorization of certain support for military service academy
foundations.
Sec. 552. Individuals from the District of Columbia who may be
considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force
Institute of Technology: terms of Provosts and Chief Academic
Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military
service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional
military education.
Subtitle G--Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file
claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the Armed Forces.
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 remains 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 members of the Armed Forces with enrollment
changes due to base closures, force structure changes, or
force relocations.
Sec. 576. Pilot program on hiring of special needs inclusion
coordinators for Department of Defense child development
centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate
Children's Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to
provide 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 purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending
schools operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of
military records to review determinations regarding certain
decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General
of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications;
codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington 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.
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE
DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL.
The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to the
Marine Corps new items relating to the total number of commissioned
officers (excluding officers in categories specified in subsection (b)
of such section) serving on active duty in the Space Force in the
grades of major, lieutenant colonel, and colonel, respectively, as
follows:
``3,900 1,016 782 234
4,300 1,135 873 262
5,000 1,259 845 315
7,000 1,659 1,045 415
10,000 2,259 1,345 565''.
SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN
GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking ``as
follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) in the Space Force, if that appointment would result in
more than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of major
general; or
``(C) 6 officers in the grade of major general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine Corps''
and inserting ``Marine Corps, and Space Force''; and
(B) in paragraph (2), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Force''; and
(3) in subsection (d), by striking ``or Commandant of the
Marine Corps'' and inserting ``Commandant of the Marine Corps, or
Chief of Space Operations''.
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE DUTY
IN THE GRADES OF O-8 AND O-9.
Subsection (a)(3) of section 525 of title 10, United States Code,
as amended by section 502, is amended--
(1) in subparagraph (B), by striking ``33'' and inserting
``34''; and
(2) in subparagraph (C), by striking ``50'' and inserting
``49''.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL
OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and Marine Corps'' and inserting ``Marine Corps, and Space
Force'';
(B) in paragraph (1), by striking ``220'' and inserting
``218'';
(C) in paragraph (2), by striking ``151'' and inserting
``149'';
(D) in paragraph (3), by striking ``187'' and inserting
``170''; and
(E) by adding at the end the following new paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the following
new subparagraph:
``(E) For the Space Force, 6.''.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS
AWAITING RETIREMENT.
Section 601(b)(5) of title 10, United States Code, is amended by
striking ``retirement, but not for more than 60 days.'' and inserting
the following: ``retirement, but--
``(A) subject to subparagraph (B), not for more than 60
days; and
``(B) with respect to an officer awaiting retirement
following not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined in
section 112(c) of the Internal Revenue Code of 1986) or in
support of a contingency operation, not for more than 90
days.''.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL
COUNSEL FROM LIMITATIONS ON AUTHORIZED STRENGTHS FOR GENERAL AND
FLAG OFFICERS.
During the two-year period beginning on the date of the enactment
of this Act, the limitations in section 526a(a) of title 10, United
States Code, as amended by section 504, shall not apply to a general or
flag officer serving in the position of lead special trial counsel
pursuant to an appointment under section 1044f(a)(2) of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE
ARMED FORCES.
(a) Constructive Service Credit for Warrant Officers.--Section 572
of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
``(b) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Secretary
concerned, and who has advanced education or training or special
experience, with constructive service for such education, training, or
experience, as follows:
``(1) For special training or experience in a particular
warrant officer field designated by the Secretary concerned, if
such training or experience is directly related to the operational
needs of the armed force concerned, as determined by such Secretary
concerned.
``(2) For advanced education in a warrant officer field
designated by the Secretary concerned, if such education is
directly related to the operational needs of the armed force
concerned, as determined by such Secretary concerned.''.
(b) Report.--Not later than February 1, 2027, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the amendments made by
subsection (a). Such report shall include--
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many
individuals are eligible for credit under subsection (b) of such
section, as added by subsection (a); and
(3) the determination of the Secretary whether existing special
pay for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS IN THE
MILITARY DEPARTMENTS FOR PROMOTION.
(a) Promotion by Selection Boards: Recommendation; Exclusion From
Consideration.--Section 575 of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(e)(1) In selecting the warrant officers to be recommended for
promotion, a selection board shall, when authorized by the Secretary
concerned, recommend warrant officers of particular merit, pursuant to
guidelines and procedures prescribed by the Secretary concerned, from
among those warrant officers selected for promotion, to be placed
higher on the promotion list contained in the report of such board
under section 576(c) of this title.
``(2) A selection board may recommend that a warrant officer be
placed higher on a promotion list under paragraph (1) only if the
warrant officer receives the recommendation of at least a majority of
the members of the board, unless the Secretary concerned establishes an
alternative requirement. Any such alternate requirement shall be
furnished to the board as part of the guidelines furnished to the board
under section 576 of this title.
``(3) For the warrant officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend the order
in which those warrant officers should be placed on the list.
``(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
``(2) The Secretary concerned may approve a request of a warrant
officer under paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete--
``(i) an assignment in support of career progression;
``(ii) advanced education;
``(iii) an assignment such Secretary determines is of
significant value to the Armed Force concerned; or
``(iv) a career progression requirement delayed by an
assignment or education;
``(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force concerned;
and
``(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion
from consideration.''.
(b) Priority for Promotion of Warrant Officers in Report of
Selection Board.--Subsection (c) of section 576 of such title is
amended to read as follows:
``(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
``(1) Warrant officers recommended under section 575(e) of this
title to be placed higher on the promotion list, in the order in
which the board determines.
``(2) Warrant officers otherwise recommended for promotion, in
the order of seniority on the warrant officer active-duty list.''.
(c) Promotions: How Made; Effective Date.--Section 578(a) of such
title is amended by striking ``of the seniority of such officers on the
warrant officer active-duty list'' and inserting ``set forth in section
576(c) of this title''.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF MANDATORY
RETIREMENT FOR SUPERINTENDENTS OF MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(b) United States Naval Academy.--Section 8371(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
(c) United States Air Force Academy.--Section 9321(b) of title 10,
United States Code, is amended by adding at the end the following: ``In
the event a waiver under this subsection is granted, the subsequent
nomination and appointment of such officer having served as
Superintendent of the Academy to a further assignment in lieu of
retirement shall be subject to the advice and consent of the Senate.''.
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL PERFORMING
DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).
Section 506(b) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1682) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A staffing plan for managing personnel in the 13N career
field as the Air Force transitions from the Minuteman III weapon
system to the Sentinel weapon system.''.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF
DEFENSE AND OTHER DEPARTMENT OF DEFENSE HEADQUARTERS OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense
shall conduct an assessment of staffing of the Office of the Secretary
of Defense. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to the
Office of the Secretary of Defense against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Secretary of Defense and other Department of Defense
Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and the
process by which the billets would be returned to the operational
activities of the Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint
Chiefs of Staff shall conduct an assessment of staffing of the Office
of the Joint Chiefs of Staff. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to the
Office of the Joint Chiefs of Staff against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Joint Staff and the Chairman's Controlled Activities
and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and the
process by which the billets would be returned to the operational
activities of the Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services of the
Senate and House of Representatives an interim briefing on the
assessments under subsections (a) and (b).
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessments under subsections (a)
and (b). Such report shall include the following:
(A) A validation of every military staff billet assigned to
the Office of the Secretary of Defense and the Joint Staff to
include the Chairman's Controlled Activities against existing
military personnel requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military billet fill
rates against validated requirements.
(D) An analysis of unvalidated military billets currently
performing staff support functions,
(E) The rationale for why unvalidated military billets may
be required.
(F) The cost of military staff filling both validated and
unvalidated billets.
(G) Lessons learned through the military billet validation
process and statistical analysis under subparagraphs (B)
through (F).
(H) Any other matters the Secretary determines relevant to
understanding the use of military staff billets described in
subsections (a) and (b).
(I) Any legislative, policy or budgetary recommendations of
the Secretary related to the subject matter of the report.
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORMANCE EVALUATIONS.
(a) Review Required.--Not later than one year after the enactment
of this Act, the Comptroller General of the United States shall review
the officer performance reports of each Armed Force under the
jurisdiction of a Secretary of a military department in order to--
(1) study the fitness report systems used for the performance
evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries of
the military departments recommendations regarding how to improve
such systems.
(b) Elements.--The review required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of officers.
(2) A comparison of the fitness report systems for officers of
each Armed Force described in subsection (a) with best practices
for performance evaluations used by public- and private-sector
organizations.
(3) An analysis of the value of fitness reports in providing
useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing
useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems to--
(A) increase its effectiveness at accurately evaluating and
documenting the performance of officers;
(B) provide more useful information to officer promotion
boards; and
(C) provide more useful feedback regarding evaluated
officers.
(c) Access to Data and Records.--The Secretaries of the military
departments shall provide to the Comptroller General sufficient
resources and access to technical data, individuals, organizations, and
records that the Comptroller General requires to complete the review
under this section.
(d) Submission to Secretaries.--Upon completing the review under
subsection (a), the Comptroller General shall submit to the Secretary
of Defense and the Secretaries of the military departments a report on
the results of the review.
(e) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense and the Secretaries of the military
departments receive the report under subsection (d), the Secretary of
Defense shall submit to the congressional defense committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a study of the roles and responsibilities of chaplains.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) The resources (including funding, administrative support,
and personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide prevention,
wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend in roles
including pastoral care, religious services, counseling, and
administration.
(6) The results of any surveys that have assessed the roles,
responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains during
fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer ministry
services.
Subtitle B--Reserve Component Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS IN REPORTS ACCOMPANYING THE NATIONAL
DEFENSE STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs
(7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.
``(6) The program completion rates and program withdrawal rates
of Senior Reserve Officers' Training Corps scholarship recipients
during the fiscal year covered by the report, disaggregated by
gender, race, and ethnicity, for each military department.''.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR IN THE
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1) Instead of, or in addition to, detailing officers and
noncommissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to employ as
administrators and instructors in the program officers or
noncommissioned officers who--
``(A)(i) receive honorable discharges--
``(I) after completing at least eight years of service; and
``(II) not longer than five years before applying for such
employment; or
``(ii)(I) are in an active status; and
``(II) who are not yet eligible for retired pay; and
``(B) apply for such employment.
``(2) The Secretary of the military department concerned shall pay
to the institution an amount equal to one-half of the amount to be paid
to an instructor pursuant to the JROTC Instructor Pay Scale for any
period.
``(3) Notwithstanding the limitation in paragraph (2), the
Secretary of the military department concerned may pay to the
institution more than one-half of the amount paid to the member by the
institution if, as determined by such Secretary--
``(A) the institution is in an educationally and economically
deprived area; and
``(B) such action is in the national interest.
``(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
``(5) The Secretary of the military department concerned may
require an officer or noncommissioned officer employed under this
subsection to transfer to the Individual Ready Reserve as a condition
of such employment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding--
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS
IN THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the
next higher grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force that
exceeds 100 days from the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National Guard
Bureau, and the delay was not attributable to the action or inaction of
such officer--
``(A) in the event of State promotion with an effective date
before January 1, 2024, the effective date of the promotion
concerned under paragraph (1) may be adjusted to a date determined
by the Secretary concerned, but not earlier than the effective date
of the State promotion; and
``(B) in the event of State promotion with an effective date on
or after January 1, 2024, the effective date of the promotion
concerned under paragraph (1) shall be adjusted by the Secretary
concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National
Guard Bureau; and
``(ii) the date on which the officer occupies a billet in
the next higher grade.''.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.
(a) Element.--Subsection (a) of section 105 of title 32, United
States Code, is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) the units and members of the Army National Guard or Air
National Guard comply with Federal law and policy applicable to the
National Guard, including policies issued by the Secretary of
Defense, the Secretary of the military department concerned, or the
Chief of the National Guard Bureau.''.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the implementation of
paragraph (8) of such subsection, as added by subsection (a). Such
report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection--
(A) the date;
(B) the unit of the Army National Guard or the Air National
Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the unit was
in compliance with Federal law and policy applicable to the
National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE
GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT
INTERFERE WITH CERTAIN DUTIES.
(a) In General.--Section 328(b) of title 32, United States Code, is
amended by adding at the end the following new subsection:
``(c) Waiver Authority.--(1) Notwithstanding section 101(d)(6)(A)
of title 10 and subsection (b) of this section, the Governor of a State
or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the District of Columbia National Guard, as the
case may be, may, at the request of the Secretary concerned, order a
member of the National Guard to perform Active Guard and Reserve duty
for purposes of performing training of the regular components of the
armed forces as the primary duty.
``(2) Training performed under paragraph (1) must be in compliance
with the requirements of section 502(f)(2)(B)(i) of this title.
``(3) No more than 100 personnel may be granted a waiver by a
Secretary concerned under paragraph (1) at a time.
``(4) The authority under paragraph (1) shall terminate on October
1, 2024.''.
(b) Briefing on Performance of Training as Primary Duty.--Not later
than March 1, 2023, the Secretary of the Army and the Secretary of the
Air Force shall each submit to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives a briefing describing how many members of the National
Guard are performing Active Guard and Reserve duty for purposes of
performing training of the regular components of the Armed Forces as
primary duty.
(c) Briefing on End Strength Requirements.--Not later than October
1, 2024, the Secretary of the Army and the Secretary of the Air Force
shall each submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives a
briefing outlining the end strength requirement going forward for
Active Guard and Reserve forces of the National Guard impacted by
subsection (c) of section 328(b) of title 32, United States Code, as
added by subsection (a) of this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), is amended--
(1) by inserting ``(a) <SUP>in</SUP> general.--</SUP>'' before
``Until'';
(2) by striking ``September 30, 2026'' and inserting
``September 30, 2029'';
(3) by striking ``support'' and inserting ``carry out'';
(4) by striking ``personnel of the California National Guard''
and inserting ``National Guard personnel (including from the
Colorado National Guard and the California National Guard)''; and
(5) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to another
entity. If the Secretary seeks to make such a transfer, the Secretary
shall, at least three years before such transfer, provide to the
appropriate congressional committees a written report and briefing that
detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve detection and
monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended, in subsection (a), by
striking ``fiscal year 2022'' and inserting ``fiscal years 2022 and
2023''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS
OF CERTAIN RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military
department may not take any covered action regarding a covered unit
until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action. Such
notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align with
the National Defense Strategy and the supporting strategies of each
military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action will
affect the relationship of administrative, operational, or tactical
control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost savings
of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary for
the covered action.
(6) A description of how the covered activity will affect the
ability of the covered Armed Force to accomplish its current
mission.
(b) Applicability.--This section shall apply to any step to perform
covered action regarding a covered unit on or after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF NATIONAL
GUARD OFFICERS.
(a) Independent Study.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center to conduct a study on the National Guard commissioned
officer and warrant officer promotion system and provide
recommendations to the Department of Defense, the Department of the
Air Force, the Department of the Army, the National Guard Bureau,
and individual State National Guard commands.
(2) Elements.--The study referred to in paragraph (1) shall
include a comprehensive review and assessment of the following:
(A) Reasons for delays in processing personnel actions for
Federal recognition of State National Guard member promotions.
(B) The Federal recognition process used to extend Federal
recognition to State promotions.
(C) Best practices among the various State National Guards
for managing their requirements under the existing National
Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing
time for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an integrated
enterprise information technology system for managing National
Guard officer and warrant officer promotions that allows
seamless transition for promotions as they move through review
at the National Guard Bureau, the Department of the Army, the
Department of the Air Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal
recognition, including adjustment to the effective date of
promotion beyond current statutory authorities.
(H) Any other matters the federally funded research and
development center determines relevant.
(3) Report.--
(A) In general.--The contract under paragraph (1) shall
require the federally funded research and development center
that conducts the study under the contract to submit to the
Secretary of Defense, the Secretary of the Army, the Secretary
of the Air Force, and the Chief of the National Guard Bureau a
report on the results of the study.
(B) Submission to congress.--Upon receiving the report
required under subparagraph (A), the Secretary of Defense shall
submit an unedited copy of the report results to the
congressional defense committees within 30 days of receiving
the report from the federally funded research and development
corporation.
(b) Reporting Requirement.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until the date
specified in paragraph (3), the Secretary of Defense, in
consultation with the Secretary of the Army and the Secretary of
the Air Force as appropriate, shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report detailing the current status
of the Federal recognition process for National Guard promotions.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made pursuant to
subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned officer
promotions in the Army and Air National Guards, respectively,
including the time in days from the date at which the National
Guard Bureau received the promotion until the date at which
Federal recognition was granted.
(C) The average time it took during the previous fiscal
year to extend Federal recognition.
(D) The number of Army and Air National Guard officers who
experienced Federal recognition delays greater than 90 days in
the previous fiscal year.
(E) A summary of any additional resources or authorities
needed to further streamline the Federal recognition processes
to reduce average Federal recognition processing time to 90
days or fewer.
(F) Any other information that the Secretaries concerned
deem relevant.
(3) Expiration of annual reporting requirement.--The date
referred to in paragraph (1) is such time as the average processing
time for personnel actions described under this subsection is
reduced to 90 days or fewer for each of the Army and Air National
Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF
JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) Report: Review; Update.--The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation titled
``Geographic and Demographic Representativeness of Junior Reserve
Officer Training Corps'' (Library of Congress Control Number:
2017950423).
(b) Elements.--The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate representation
in, and reasonable access to, units of the Junior Reserve Officers'
Training Corps (hereinafter, ``JROTC'') for students in all regions
of the of the United States.
(2) The estimated cost and time to increase the number of units
of JROTC to ensure adequate representation and reasonable access
described in paragraph (1).
(3) Recommendations to increase adequate representation and
reasonable access described in paragraph (1) in areas of the United
States that the Secretary of Defense determines lack such adequate
representation and reasonable access.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY TRAINING AND
EDUCATION CENTER.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in consultation with the Assistant
Secretary of Defense for Homeland Defense and Global Security and the
Chief of the National Guard Bureau, shall submit to the Committees on
Armed Services of the Senate and House of Representatives a briefing
that includes--
(1) an organizational plan and an estimate of the annual costs
necessary for the Army Interagency Training and Education Center to
carry out duties assigned to it by the Chief of the National Guard
Bureau; and
(2) the staffing requirements needed to adequately staff such
duties.
Subtitle C--General Service Authorities and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL SELECTION
REVIEW BOARDS.
Section 628a(a)(1) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' before ``If the Secretary concerned'';
and
(2) by adding at the end the following new subparagraph:
``(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse information
concerning an officer subject to this section until the next regularly
scheduled promotion board applicable to such officer, in lieu of
furnishing such adverse information to a special selection review board
under this section.''.
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.
Section 2601a of title 10, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1071 note); or''; and
(2) in subsection (c), by striking ``paragraph (1), (2) or (3)
of''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A
MEMBER WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United
States Code, is amended by striking ``at least''.
(b) Modernization.--Subsection (a) of such section is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or his designee'' and inserting ``(or an
individual designated by the President)''; and
(B) by striking ``him'' and inserting ``the member'';
(2) in paragraph (1), by striking ``his field'' and inserting
``the field of the member'';
(3) in paragraph (3), by striking ``his recognized potential
for future career service'' and inserting ``the recognized
potential for future career service of the member''; and
(4) in the matter following paragraph (3)--
(A) by striking ``his'' both places it appears and
inserting ``the member's''; and
(B) by striking ``him'' and inserting ``the member''.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON THE BASIS OF
FAILURE TO RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``During
the period of time beginning on August 24, 2021, and ending on the
date that is two years after the date of the enactment of this Act,
any'' and inserting ``Any'';
(2) in paragraph (1) by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting ``;
or''; and
(4) by adding at the end the following new paragraph:
``(3) in the case of a covered member receiving an
administrative discharge before completing the first 180 continuous
days of active duty, uncharacterized.''.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall rescind the mandate that members of the
Armed Forces be vaccinated against COVID-19 pursuant to the memorandum
dated August 24, 2021, regarding ``Mandatory Coronavirus Disease 2019
Vaccination of Department of Defense Service Members''.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS
FOR THE SPACE FORCE.
Section 517 and section 523 (as amended by section 501 of this Act)
of title 10, United States Code, shall not apply to the Space Force
until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF
THE ARMED FORCES: STUDY; UPDATE; TRAINING; REPORT.
(a) Study.--Not later than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall conduct a study on the
notification processes of the next of kin upon the death of a member of
the Armed Forces. In conducting the study, the Secretary shall identify
the following elements:
(1) The time it takes for such notification to occur after such
death, recovery of remains, and identification of remains. Such
time shall be determined through an analysis of data regarding
cases involving such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such processes to
reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to improve
such processes to reduce the time described in paragraph (1).
(b) Update.--Upon completion of the study under subsection (a), the
Secretary shall review and update training and education materials
regarding such processes, implementing means described in subsection
(a)(3).
(c) Operational Training.--The Secretary of the military department
concerned shall include a training exercise, using materials updated
(including lessons learned) under subsection (b), regarding a death
described in this section in each major exercise conducted by such
Secretary or the Secretary of Defense.
(d) Report.--Not later one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing--
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR
MILITARY OCCUPATIONAL SPECIALTIES OF THE ARMY.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Army shall--
(1) establish gender-neutral physical readiness standards that
ensure soldiers can perform the duties of their respective military
occupational specialties; and
(2) provide to the Committees on Armed Services of the Senate
and House of Representatives a briefing describing the methodology
used to determine the standards established under paragraph (1).
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.
(a) Report Required.--The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a recurring report regarding the requirement that a member of the Armed
Forces shall receive a vaccination against COVID-19. Each such report
may not contain any personally identifiable information, and shall
contain the following:
(1) With regard to religious exemptions to such requirement--
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious exemption
who complied with the requirement; and
(E) the number of members denied such a religious exemption
who did not comply with the requirement who were separated, and
with what characterization.
(2) With regard to medical exemptions to such requirement--
(A) the number of such medical exemptions for which members
applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical exemption
who complied with the requirement; and
(E) the number of members denied such a medical exemption
who did not comply with the requirement who were separated, and
with what characterization.
(b) Frequency; Termination.--The Secretary shall submit the first
such report not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter until the first of the following
to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the enactment
of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY SEPARATED
FROM THE ARMED FORCES DUE TO PREGNANCY OR PARENTHOOD.
(a) Findings.--Congress finds the following:
(1) In June 1948, Congress enacted the Women's Armed Services
Integration Act of 1948, which formally authorized the appointment
and enlistment of women in the regular components of the Armed
Forces.
(2) With the expansion of the Armed Forces to include women,
the possibility arose for the first time that members of the
regular components of the Armed Forces could become pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman in 1951,
which granted the Armed Forces the authority to involuntarily
separate or discharge a woman if she became pregnant, gave birth to
a child, or became a parent by adoption or a stepparent.
(4) The Armed Forces responded to the Executive order by
systematically discharging any woman in the Armed Forces who became
pregnant.
(5) The Armed Forces were required to offer women who were
involuntarily separated or discharged due to pregnancy the
opportunity to request retention in the military.
(6) The Armed Forces may not have provided required separation
benefits, counseling, or assistance to the members of the Armed
Forces who were separated or discharged due to pregnancy.
(7) Thousands of members of the Armed Forces were involuntarily
separated or discharged from the Armed Forces as a result of
pregnancy.
(8) Such involuntary separation or discharge from the Armed
Forces on the basis of pregnancy was challenged in Federal district
court by Stephanie Crawford in 1975, whose legal argument stated
that this practice violated her constitutional right to due process
of law.
(9) The Court of Appeals for the Second Circuit ruled in
Stephanie Crawford's favor in 1976 and found that Executive Order
10240 and any regulations relating to the Armed Forces that made
separation or discharge mandatory due to pregnancy were
unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces because of
pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed Forces, and
many are parents, including 12 percent of whom are single parents.
(12) While military parents face many hardships, today's Armed
Forces provide various lengths of paid family leave for mothers and
fathers, for both birth and adoption of children.
(b) Sense of Congress.--It is the sense of Congress that women who
served in the Armed Forces before February 23, 1976, should not have
been involuntarily separated or discharged due to pregnancy or
parenthood.
Subtitle D--Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION
REGARDING PROSPECTIVE RECRUITS.
(a) Treatment of Personally Identifiable Information.--Section
503(a) of title 10, United States Code, is amended adding at the end
the following new paragraphs:
``(3) PII regarding a prospective recruit collected or compiled
under this subsection shall be kept confidential, and a person who
has had access to such PII may not disclose the information except
for purposes of this section or other purpose authorized by law.
``(4) In the course of conducting a recruiting campaign, the
Secretary concerned shall--
``(A) notify a prospective recruit of data collection
policies of the armed force concerned; and
``(B) permit the prospective recruit to elect not to
participate in such data collection.
``(5) In this subsection, the term `PII' means personally
identifiable information.''.
(b) Pilot Program on Recruiting.--
(1) Authority.--The Secretary of Defense may conduct a pilot
program (such a program shall be referred to as a ``Military
Recruiting Modernization Program'') to evaluate the feasibility and
effectiveness of collecting and using PRI with modern technologies
to allow the Secretary to more effectively and efficiently use
recruiting resources.
(2) Treatment of prospective recruit information.--PRI
collected under a pilot program under this subsection--
(A) may be used by the Armed Forces and entities into which
the Secretary has entered into an agreement regarding military
recruitment only for purposes of military recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years after
collection; and
(3) Opt-out.--A pilot program under this subsection may allow a
prospective recruit to opt-out of the collection of PRI regarding
such prospective recruit.
(4) Termination.--Any such pilot program shall terminate three
years after implementation.
(5) Interim briefing.--Not later than 90 days after the
implementing a pilot program under this subsection, the Secretary
shall provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the pilot program. Such
briefing shall include the following:
(A) The definition, prescribed by the Secretary, of PRI.
(B) How the Secretary intends to handle privacy concerns
related to the collection of PRI.
(C) Legal concerns over the collection, use, and
maintenance of PRI.
(6) Final report.--Not later than 120 days after the completion
of a pilot program under this subsection, the Under Secretary of
Defense for Personnel and Readiness shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the pilot program. Such report shall include the
following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified under the
pilot program.
(C) Any violations of privacy laws arising from the pilot
program.
(D) Legislative recommendations of the Under Secretary
arising from this pilot program.
(7) Definitions.--In this section:
(A) The term ``PRI'' means information, prescribed by the
Secretary of Defense, regarding a prospective recruit.
(B) The term ``prospective recruit'' means an individual
who is eligible to join the Armed Forces and is--
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent) or
higher.
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED
RECRUITMENT INCENTIVES.
Section 522(h) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 503 note) is--
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended--
(A) by striking the semicolon and inserting a comma; and
(B) by striking ``2020'' and inserting ``2025''.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED FORCES.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on recruiting efforts of the covered Armed Forces.
(b) Elements.--The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of--
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each geographic
region; and
(C) advertising dollars spent in each geographic region,
including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) An analysis of the geographic dispersion of enlistments by
military occupational specialty.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by recruiting battalion,
recruiting district, or recruiting region, and a ranked list of
those battalions from most efficient to least efficient.
(5) A comparison of the race, religion, sex, education levels,
military occupational specialties, and waivers for enlistment
granted to enlistees by geographic region and recruiting battalion,
recruiting district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face in the
field, including access to schools and administrative support.
(7) Efforts the Secretary of the military department concerned
is taking to mitigate obstacles described in paragraph (6).
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``geographic region'' means a region used for the
2020 decennial census.
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Not later that September 30, 2023, the Comptroller
General of the United States, in consultation with experts determined
by the Secretary of Defense, shall evaluate the marketing and
recruiting efforts of the Department of Defense to determine how to use
social media and other technology platforms to convey to young people
the opportunities and benefits of service in the covered Armed Forces.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT ADVERTISING
TO RACIAL AND ETHNIC MINORITY COMMUNITIES.
Not later than June 1, 2023, the Secretary of Defense shall submit
to the congressional defense committees a report on the efforts of the
Department of Defense to increase marketing and advertising to
adequately reach racial and ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
military recruitment practices in public secondary schools during
calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools by zip
code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE
MEMBERS OF THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit survey
data to identify barriers and lessons learned to improve the retention
of female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL
OPERATIONS FORCES.
(a) Review Required.--The Secretary of Defense shall direct the
covered officials to review (and, if a covered official determines it
necessary, update guidance and processes) matters described in section
167(e)(2)(J) of title 10, United States Code. The covered officials
shall complete such review (and update) not later than 180 days after
the date of the enactment of this Act.
(b) Elements of Review.--The review and updates under subsection
(a) shall address the respective roles of the military departments and
the United States Special Operations Command with respect to the
following:
(1) Coordination between special operations command and the
military departments regarding recruiting and retention to ensure
that personnel requirements of special operations forces and the
military departments are met appropriately.
(2) Opportunities for members of special operations forces to
enroll in professional military education.
(3) Promotion opportunities for members of special operations
forces and an assessment of whether such opportunities are adequate
to fulfill staffing requirements of special operations forces.
(4) Data sharing between the military departments and special
operations command with respect to special operations forces
personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) Report Required.--Not later than 90 days after completing the
review (and any updates) under subsection (a), the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and
House of Representatives a report on such review and any resulting
updates to guidance and processes. The report shall also include any
recommendations of the Secretary regarding matters described in
subsection (a) or (b).
(d) Definitions.--In this section:
(1) The term ``covered officials'' means--
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special
Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ``special operations command'' has the meaning
given that term in section 167(a) of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING REMOTELY
PILOTED AIRCRAFT: STUDY; REPORT.
(a) Study.--The Secretary of Defense shall conduct a study to
identify opportunities to provide more support services to, and greater
recognition of combat accomplishments of, RPA crew. Such study shall
identify the following with respect to each covered Armed Force:
(1) Safety policies applicable to crew of traditional aircraft
that apply to RPA crew.
(2) Personnel policies, including crew staffing and training
practices, applicable to crew of traditional aircraft that apply to
RPA crew.
(3) Metrics the Secretaries of the military departments use to
evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA crew.
(7) Mental health care available to crew of traditional
aircraft and RPA crew who conduct combat operations.
(8) Whether RPA crew receive post-separation health (including
mental health) care equivalent to crew of traditional aircraft.
(9) An explanation of any difference under paragraph (8).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding such
results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General of the
United States in the following reports:
(A) GAO-19-155, titled ``Unmanned Aerial Systems: Air Force
Pilot Promotion Rates Have Increased but Oversight Process of
Some Positions Could Be Enhanced''.
(B) GAO-20-320, titled ``Unmanned Aerial Systems: Air Force
Should Take Additional Steps to Improve Aircrew Staffing and
Support''.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``RPA crew'' means members of covered Armed Forces
who perform duties relating to remotely piloted aircraft.
(3) The term ``traditional aircraft'' means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupational
specialties regarding air and missile defense systems of the Army.
(b) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing on the status of the study.
(c) Final Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that identifies steps the Secretary of the Army may take to
improve such retention and recruitment.
Subtitle E--Military Justice and Other Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(a) Definition of Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States
Code (article 1(17)(A) of the Uniform Code of Military Justice), as
added by section 533 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695), is amended by
striking ``section 920 (article 120)'' and inserting ``section 919a
(article 119a), section 920 (article 120), section 920a (article
120a)''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect immediately after the coming into effect of the
amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1695) as provided in section 539C of that Act (10 U.S.C. 801
note) and shall apply with respect to offenses that occur after
that date.
(b) Inclusion of Sexual Harassment as Covered Offense.--
(1) In general.--Section 801(17)(A) of title 10, United States
Code (article 1(17)(A) of the Uniform Code of Military Justice), as
added by section 533 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695) and amended by
subsection (a) of this section, is further amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``, or the
standalone offense of sexual harassment punishable under
section 934 (article 134) of this title in each instance in
which a formal complaint is made and such formal complaint is
substantiated in accordance with regulations prescribed by the
Secretary concerned''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on January 1, 2025, and shall apply with respect to
offenses that occur after that date.
(c) Residual Prosecutorial Duties and Other Judicial Functions of
Convening Authorities in Covered Cases.--The President shall prescribe
regulations to ensure that residual prosecutorial duties and other
judicial functions of convening authorities, including granting
immunity, ordering depositions, and hiring experts, with respect to
charges and specifications over which a special trial counsel exercises
authority pursuant to section 824a of title 10, United States Code
(article 24a of the Uniform Code of Military Justice) (as added by
section 531 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1692)), are transferred to the
military judge, the special trial counsel, or other authority as
appropriate in such cases by no later than the effective date
established in section 539C of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note), in
consideration of due process for all parties involved in such a case.
(d) Amendment to the Rules for Courts-Martial.--The President shall
prescribe in regulation such modifications to Rule 813 of the Rules for
Courts-Martial and other Rules as appropriate to ensure that at the
beginning of each court-martial convened, the presentation of orders
does not in open court specify the name, rank, or position of the
convening authority convening such court, unless such convening
authority is the Secretary concerned, the Secretary of Defense, or the
President.
(e) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the Department of Defense
in implementing this section, including an identification of--
(1) the duties to be transferred under subsection (c);
(2) the positions to which those duties will be transferred;
and
(3) any provisions of law or Rules for Courts Martial that must
be amended or modified to fully complete the transfer.
(f) Additional Reporting Relating to Implementation of Subtitle D
of Title V of the National Defense Authorization Act for Fiscal Year
2022.--Not later than February 1, 2025, and annually thereafter for
five years, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
assessing the holistic effect of the reforms contained in subtitle D of
title V of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81) on the military justice system. The report shall
include the following elements:
(1) An overall assessment of the effect such reforms have had
on the military justice system and the maintenance of good order
and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed as
meeting, or having been assessed as potentially meeting, the
definition of ``covered offense'' under section 801(17) of title
10, United States Code (article 1(17) of the Uniform Code of
Military Justice) (as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 17
Stat. 1695)), disaggregated by offense and military service where
possible.
(3) An assessment of prevalence and data concerning disposition
of cases by commanders after declination of prosecution by special
trial counsel, disaggregated by offense and military service when
possible.
(4) Assessment of the effect, if any, the reforms contained in
such subtitle have had on non-judicial punishment concerning
covered and non-covered offenses.
(5) A description of the resources and personnel required to
maintain and execute the reforms made by such subtitle during the
reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered by
the Secretary to be important to a holistic assessment of those
reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL COUNSEL.
(a) Technical Corrections.--Section 824a(c)(3) of title 10, United
States Code (article 24a(c)(3) of the Uniform Code of Military
Justice), is amended--
(1) by striking ``Subject to paragraph (4)'' and inserting
``Subject to paragraph (5)''; and
(2) in subparagraph (D), by striking ``an ordered rehearing''
and inserting ``an authorized rehearing''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 531 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1692) as provided in
section 539C of that Act (10 U.S.C. 801 note).
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.
(a) In General.--Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended by
adding at the end the following new paragraph:
``(4) When convening a court-martial, the convening authority shall
detail as members thereof members of the armed forces under such
regulations as the President may prescribe for the randomized selection
of qualified personnel, to the maximum extent practicable.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is two years after the date of the
enactment of this Act and shall apply with respect to courts-martial
convened on or after that effective date.
(c) Regulations.--Not later than the effective date specified in
subsection (b), the President shall prescribe regulations implementing
the requirement under paragraph (4) of section 825(e) of title 10,
United States Code (article 25(e) of the Uniform Code of Military
Justice), as added by subsection (a) of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.
(a) Waiver of Right to Appeal; Withdrawal of Appeal.--Section
861(d) of title 10, United States Code (article 61(d) of the Uniform
Code of Military Justice), is amended by striking ``A waiver'' and
inserting ``Except as provided by section 869(c)(2) of this title
(article 69(c)(2)), a waiver''.
(b) Jurisdiction.--Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended--
(1) in subsection (b)(1), by striking ``shall have jurisdiction
over'' and all that follows through the period at the end of
subparagraph (D) and inserting the following: ``shall have
jurisdiction over--
``(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title
(article 60c(a)), that includes a finding of guilty; and
``(B) a summary court-martial case in which the accused filed
an application for review with the Court under section 869(d)(1) of
this title (article 69(d)(1)) and for which the application has
been granted by the Court.''; and
(2) in subsection (c), by striking ``is timely if'' and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``is timely if--
``(1) in the case of an appeal under subparagraph (A) of such
subsection, it is filed before the later of--
``(A) the end of the 90-day period beginning on the date
the accused is provided notice of appellate rights under
section 865(c) of this title (article 65(c)); or
``(B) the date set by the Court of Criminal Appeals by rule
or order; and
``(2) in the case of an appeal under subparagraph (B) of such
subsection, an application for review with the Court is filed not
later than the earlier of the dates established under section
869(d)(2)(B) of this title (article 69(d)(2)(B)).''.
(c) Review by Judge Advocate General.--Section 869 of title 10,
United States Code (article 69 of the Uniform Code of Military
Justice), is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Upon application by the accused or receipt of
the record pursuant to section 864(c)(3) of this title (article
64(c)(3)) and subject to subsections (b), (c), and (d), the Judge
Advocate General may--
``(1) with respect to a summary court-martial, modify or set
aside, in whole or in part, the findings and sentence; or
``(2) with respect to a general or special court-martial, order
such court-martial to be reviewed under section 866 of this title
(article 66).''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``To qualify''; and
(B) by striking ``not later than one year after'' and all
that follows through the period at the end and inserting the
following: ``not later than--
``(A) for a summary court-martial, one year after the date of
completion of review under section 864 of this title (article 64);
or
``(B) for a general or special court-martial, one year after
the end of the 90-day period beginning on the date the accused is
provided notice of appellate rights under section 865(c) of this
title (article 65(c)), unless the accused submitted a waiver or
withdrawal of appellate review under section 861 of this title
(article 61) before being provided notice of appellate rights, in
which case the application must be submitted to the Judge Advocate
General not later than one year after the entry of judgment under
section 860c of this title (article 60c).
``(2) The Judge Advocate General may, for good cause shown, extend
the period for submission of an application, except that--
``(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an application
submitted more than three years after the completion date referred
to in paragraph (1)(A); and
``(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider an
application submitted more than three years after the end of the
applicable period under paragraph (1)(B).'';
(3) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section 864 or
865(b) of this title (article 64 or 65(b))'' and inserting
``section 864 of this title (article 64)''; and
(B) in paragraph (2), by striking ``the Judge Advocate
General shall order appropriate corrective action under rules
prescribed by the President'' and inserting ``the Judge
Advocate General shall send the case to the Court of Criminal
Appeals''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``under subsection (c)--
'' and all that follows through ``(B) in a case submitted'' and
inserting ``under subsection (c)(1) in a case submitted''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``paragraph (1)(B)'' and inserting ``paragraph
(1)''.
(d) Applicability.--The amendments made by this section shall not
apply to--
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals established
under section 866 of title 10, United States Code (article 66 of
the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under section 869
of such title (article 69 of the Uniform Code of Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``The policies shall'' and inserting ``Subject to
subsection (c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In
establishing policies under subsection (a), the Secretary of Defense
shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for the
establishment of a single dedicated office from which office the
activities of the special trial counsel of the Department of the
Air Force shall be supervised and overseen; and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection (a)(2),
provide for the appointment of one lead special trial counsel who
shall be responsible for the overall supervision and oversight of
the activities of the special trial counsel of the Department of
the Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall take
effect immediately after the coming into effect of the amendments made
by section 532 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1694) as provided in section
539C of that Act (10 U.S.C. 801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.
(a) Definitions.--Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1709), is amended to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a civilian
employee of the Department of Defense or a member of the Army,
Navy, Marine Corps, Air Force, or Space Force who--
``(A) is outside the immediate chain of command of the
complainant and the subject of the investigation; and
``(B) is trained in the investigation of sexual harassment,
as determined by--
``(i) the Secretary of Defense, in the case of a
civilian employee of the Department of Defense;
``(ii) the Secretary of the Army, in the case of a
member of the Army;
``(iii) the Secretary of the Navy, in the case of a
member of the Navy or Marine Corps; or
``(iv) the Secretary of the Air Force, in the case of a
member of the Air Force or Space Force.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as punishable under
section 934 of this title (article 134) pursuant to the regulations
prescribed by the Secretary of Defense for purposes of such section
(article).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect immediately after the coming into effect of the amendments
made by section 543 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1709) as provided in
subsection (c) of that section.
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND WORKFORCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1722) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs
(5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) include a focus on whether and to what extent sub-
populations of the military community may be targeted for
interpersonal violence more than others;
``(3) seek to identify factors that influence the prevention,
perpetration, and victimization of interpersonal and self-directed
violence;
``(4) seek to improve the collection and dissemination of data
on hazing and bullying related to interpersonal and self-directed
violence;''; and
(3) by amending paragraph (6), as redesignated by paragraph (1)
of this section, to read as follows:
``(6) incorporate collaboration with other Federal departments
and agencies, including the Department of Health and Human Services
and the Centers for Disease Control and Prevention, State
governments, academia, industry, federally funded research and
development centers, nonprofit organizations, and other
organizations outside of the Department of Defense, including
civilian institutions that conduct similar data-driven studies,
collection, and analysis; and''.
(b) Primary Prevention Workforce.--Section 549B of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1722) is amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``subsection (a)'' and
inserting ``paragraph (1)''; and
(B) by adding at the end the following new paragraph:
``(3) Comptroller general report.--Not later than one year
after the date of the enactment of this paragraph, the Comptroller
General of the United States shall submit to the congressional
defense committees a report that--
``(A) compares the sexual harassment and prevention
training of the Department of Defense with similar programs at
other departments and agencies of the Federal Government; and
``(B) includes relevant data collected by colleges and
universities and other relevant outside entities on hazing and
bullying and interpersonal and self-directed violence.''; and
(2) by adding at the end the following new subsection:
``(e) Incorporation of Research and Findings.--The Secretary of
Defense shall ensure that the findings and conclusions from the primary
prevention research agenda established under section 549A are regularly
incorporated, as appropriate, within the primary prevention workforce
established under subsection (a).''.
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF
ARMY CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Army
may be obligated or expended to relocate an Army CID special agent
training course until--
(1)(A) the Secretary of the Army submits to the Committees on
Armed Services of the Senate and the House of Representatives--
(i) the evaluation and plan required by subsection (a) of
section 549C of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1724);
(ii) the implementation plan required by subsection (b) of
such section; and
(iii) a separate report on any plans of the Secretary to
relocate an Army CID special agent training course, including
an explanation of the business case for any transfer of
training personnel proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed Services
of the House of Representatives a briefing on the contents of each
report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House of
Representatives indicating that the Army has fully complied with
subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1724) with regard to locations at which military criminal
investigative training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an Army
CID special agent training course, means the transfer of such
course to a location different than the location used for such
course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course'' means a
training course provided to members of the Army to prepare such
members for service as special agents in the Army Criminal
Investigation Division.
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE ARMY AND
CERTAIN OTHER ORGANIZATIONS.
(a) Review of Titling an Indexing Decisions.--Not later than 180
days after the date of the enactment of this Act, the Secretary of the
Army shall review the case file of each member or former member of the
Army, the Army Reserve, or the Army National Guard who was titled or
indexed in connection with the Guard Recruiting Assistance Program, the
Army Reserve Recruiting Assistance Program, or any related activity to
determine the appropriateness of the titling or indexing decision that
was made with respect to such member or former member.
(b) Factors to Be Considered.--In reviewing a titling or indexing
decision under subsection (a), the Secretary of the Army shall
consider--
(1) the likelihood that the member or former member to whom the
decision pertains will face future criminal prosecution or other
adverse action on the basis of the facts in the record at the time
of the review;
(2) the appropriate evidentiary standard to apply to the review
of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) Notification and Appeal.--
(1) In general.--Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the member
or former member concerned of such review, the disposition of the
relevant instance of titling or indexing, and the mechanisms the
member or former member may pursue to seek correction, removal, or
expungement of that instance of titling or indexing.
(2) Notification of next of kin.--In a case in which a member
or former member required to be notified under paragraph (1) is
deceased, the Secretary of the Army shall provide the notice
required under such paragraph to the primary next of kin of the
member or former member.
(d) Actions by the Secretary of the Army.--If the Secretary of the
Army determines that correction, removal, or expungement of an instance
of titling or indexing is appropriate after considering the factors
under subsection (b), the Secretary of the Army may request that the
name, personally identifying information, and other information
relating to the individual to whom the titling or indexing pertains be
corrected in, removed from, or expunged from, the following:
(1) A law enforcement or criminal investigative report of the
Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense Central
Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described in
paragraph (2), in any system of records, records database, records
center, or repository maintained by or on behalf of the Department,
including entries in the Federal Bureau of Investigation's
Interstate Identification Index or any successor system.
(e) Report of Secretary of the Army.--Not later than 180 days after
the completion of the review required by subsection (a), the Secretary
of the Army shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the results of the
review. The report shall include the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to correct,
remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who remain titled
after the conclusion of the review.
(4) The number of members and former members who remain indexed
after the conclusion of the review.
(5) A brief description of the reasons the members and former
members counted under paragraphs (3) and (4) remain titled or
indexed.
(6) Such other matters as the Secretary determines appropriate.
(f) Secretary of Defense Review and Report.--
(1) Review.--The Secretary of Defense shall conduct a review
the titling and indexing practices of the criminal investigative
organizations of the Armed Forces. Such review shall include--
(A) an assessment of the practices of titling and indexing
and the continued relevance of such practices to the operation
of such criminal investigative organizations;
(B) an evaluation of the suitability of the evidentiary
requirements and related practices for titling and indexing in
effect at the time of the review; and
(C) the development of recommendations, as appropriate, to
improve the consistency, accuracy, and utility of the titling
and indexing processes across such criminal investigative
organizations.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the review conducted
under paragraph (1).
(g) Definitions.--In this section:
(1) The term ``titling'' means the practice of identifying an
individual as the subject of a criminal investigation the records
of a military criminal investigative organization and storing such
information in a database or other records system.
(2) The term ``indexing'' means the practice of submitting an
individual's name or other personally identifiable information to
the Federal Bureau of Investigation's Interstate Identification
Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.
(a) Briefing and Report Required.--
(1) Briefing.--Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through December 31,
2024, each Secretary concerned shall provide to the appropriate
congressional committees a briefing that details the resourcing
necessary to implement subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(2) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
appropriate congressional committees a report that details the
resourcing necessary to implement subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81) and the amendments made by that subtitle.
(3) Form of briefing and report.--The Secretaries concerned may
provide the briefings and report required under paragraphs (1) and
(2) jointly, or separately, as determined appropriate by such
Secretaries.
(b) Elements.--The briefing and report required under subsection
(a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to implement
and execute the provisions of subtitle D of title V of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81)
and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to paragraph
(1), including the following:
(A) A description of the organizational structure in which
such personnel or groups of personnel are or will be aligned.
(B) The nature of the duties and functions to be performed
by any such personnel or groups of personnel across the domains
of policy-making, execution, assessment, and oversight.
(C) The optimum caseload goal assigned to the following
categories of personnel who are or will participate in the
military justice process: criminal investigators of different
levels and expertise, laboratory personnel, defense counsel,
special trial counsel, military defense counsel, military
judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed Force
concerned.
(3) The nature and scope of any contract required by the Armed
Force concerned to implement and execute the provisions of subtitle
D of title V of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) and the amendments made by that
subtitle.
(4) The amount and types of additional funding required by the
Armed Force concerned to implement the provisions of subtitle D of
title V of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81) and the amendments made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping, and
resourcing of the Armed Forces to implement and execute the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the
amendments made by that subtitle.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
(referred to in this section as the ``Advisory Committee'') shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and each Secretary concerned a report on the
feasibility and advisability of establishing a uniform policy for the
sharing of the information described in subsection (c) with a Special
Victims' Counsel, Victims' Legal Counsel, or other counsel representing
a victim of an offense under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a policy
on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the establishment
of such a policy is feasible and advisable, a description of--
(A) the stages of the military justice process at which the
information described in subsection (c) should be made
available to counsel representing a victim; and
(B) any circumstances under which some or all of such
information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or
property of the victim, including the record of any sexual assault
forensic exam of the victim that is in possession of investigators
or the Government.
(3) Any medical record of the victim that is in the possession
of investigators or the Government.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, acting through the head of the Sexual
Assault Prevention and Response Office of the Department of Defense,
shall ensure that information on the availability of legal resources
from civilian legal service organizations is distributed to military-
connected sexual assault victims in an organized and consistent manner.
Subtitle F--Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE
ACADEMY FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end the
following new section:
``Sec. 2246. Authorization of certain support for military service
academy foundations
``(a) Authority.--Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the Superintendent
of a Service Academy may authorize a covered foundation to use, on an
unreimbursed basis, facilities or equipment of such Service Academy.
``(b) Limitations.--Use of facilities or equipment under subsection
(a) may be provided only if such use--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or employee
of the military department concerned, or any member of the armed
forces, to carry out any responsibility or duty in a fair and
objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned, or
any individual involved in such a program;
``(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at an event
of the covered foundation;
``(5) complies with the Joint Ethics Regulation; and
``(6) has been reviewed and approved by an attorney of the
military department concerned.
``(c) Briefing.--In any fiscal year during which the Superintendent
of a Service Academy exercises the authority under subsection (a), the
Secretary of the military department concerned shall provide a briefing
not later than the last day of that fiscal year to the Committees on
Armed Services of the Senate and House of Representatives regarding the
number of events or activities of a covered foundation supported by
such exercise during such fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, that the Secretary
concerned determines operates exclusively to support, with respect
to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such
term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to item
2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY BE
CONSIDERED FOR APPOINTMENT TO MILITARY SERVICE ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended, in subsection (b)(5), by striking ``paragraphs
(3) and (4)'' and inserting ``paragraphs (3) through (10)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended, in subsection (b)(5), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3) through
(10)''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL
SPORT CONSTITUTES A BREACH OF AGREEMENT TO SERVE AS AN OFFICER.
(a) United States Military Academy.--Section 7448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates from
the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the midshipman may not obtain employment as a
professional athlete until two years after the midshipman graduates
from the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the midshipman graduates
from the Academy has not breached an agreement under subsection
(a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) That the cadet may not obtain employment as a
professional athlete until two years after the cadet graduates from
the Academy.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) is not
eligible for the alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete--
``(A) in violation of paragraph (5) of subsection (a) has
breached an agreement under such subsection; and
``(B) at least two years after the cadet graduates from the
Academy has not breached an agreement under subsection (a);''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is a
graduate of the Academy'' and inserting ``with respect to a
cadet''; and
(B) by striking ``officer's'' and inserting ``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS AND CHIEF ACADEMIC
OFFICERS.
(a) Naval Postgraduate School.--
(1) In general.--Section 8543 of title 10, United States Code,
is amended--
(A) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(B) in subsection (a), by striking the second sentence and
inserting ``An individual selected by the Secretary of the Navy
for the position of Provost and Chief Academic Officer shall
serve in that position for a term of not more than five years
and may be continued in that position for an additional term of
up to five years.''
(2) Technical and conforming amendments.--
(A) Section heading.--The heading of such section is
amended by striking ``Academic Dean'' and inserting ``Chief
Academic Officer''.
(B) Table of sections.--The table of sections at the
beginning of chapter 855 of such title is amended by striking
the item relating to section 8543 and inserting the following
new item:
``8543. Provost and Chief Academic Officer.''.
(C) Conforming amendment.--Section 8542(a)(4)(A)(ii)(II) of
such title is amended by striking ``permanently appointed to
the position of Provost and Academic Dean'' and inserting
``selected for the position of Provost and Chief Academic
Officer''.
(b) United States Air Force Institute of Technology.--Subsection
(b) of section 9414b of such title is amended--
(1) in the heading, by striking ``Academic Dean'' and inserting
``Chief Academic Officer'';
(2) by striking ``Academic Dean'' each place it appears and
inserting ``Chief Academic Officer'';
(3) in paragraph (1), by striking ``appointed'' and inserting
``selected''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Term.--An individual selected for the position of Provost
and Chief Academic Officer shall serve in that position for a term
of not more than five years and may be continued in that position
for an additional term of up to five years.''.
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED
MEMBERS.
(a) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title
10, United States Code, is amended by striking ``only on a space-
available basis''.
(b) Briefing.--Six years after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on the effects of
increasing enrollment of enlisted members at the Naval Postgraduate
School pursuant to the amendment made by subsection (a). Such briefing
shall include the following elements:
(1) Any increase to the effectiveness, readiness, or lethality
of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 7442 note) is amended by adding at the end the
following new subparagraph:
``(C) Anything the Secretary determines to be significant
regarding gender, race, ethnicity, or other demographic
information, described in subsection (b), of such
individuals.''.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.
(a) Report.--Not later than December 1, 2025, the Secretary of
Defense, in coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the effectiveness of PME in educating officers of the Armed
Forces.
(b) Elements.--The Secretary of Defense shall include in the report
the following elements:
(1) Definitions; purpose statement.--In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty--
(A) recommendations regarding whether to define PME, or to
revise existing definitions in section 2151 of title 10, United
States Code; and
(B) a purpose statement for PME.
(2) Course of study.--With regards to a course of study in
PME--
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME under
section 2154 of title 10, United States Code.
(B) legislative recommendations regarding developing a
statutory three-phase approach for PME other than JPME, similar
to such approach for JPME; and
(C) a proposed career learning plan, provided to an officer
every two years, to track the progress of such officer in
achieving PME and JPME outcomes and other career milestones.
(3) Curriculum evaluation.--An evaluation of curricula of
institutions of PME, including--
(A) compliance with subject matter requirements under
chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such subject
matter requirements, including whether to include the national
defense strategy in such requirements;
(C) the curriculum development process, including whether
such process is responsive to changing global threats, and any
ways to improve such process to be able to make rapid,
relevant, and responsive curriculum updates;
(D) current modes of instruction and related
recommendations, including the use of interactive seminars, war
games, simulations, experiential learning, and iterative case
studies;
(E) special areas of focus regarding innovation, including
disruptive change, adaptive thinking, design thinking, cyber
security, artificial intelligence, applied design for
innovation, and other areas the Secretary determines
appropriate; and
(F) the development and assessment of learning outcomes
regarding lethality and strategic influence.
(4) Systems of accountability and performance.--An evaluation
of the following accountability and performance systems:
(A) Student performance assessments.
(B) The documentation of student performance in military
service records.
(C) Consideration of student performance records in the
determination of assignments and promotions.
(D) Consideration of expertise or academic focus in the
determination of assignments.
(5) Academic faculty and student review system.--A summary of
current processes to review the following:
(A) The means by which faculty assigned to teach PME
(including members of the Armed Forces and civilian personnel)
are selected, managed, promoted, and evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for residential
and non-residential PME, including the consideration of student
performance assessments during PME.
(6) Interactions of with institutions of pme civilian
institutions.--
(A) Partnerships.--A review of existing academic
partnerships between institutions of PME and civilian
institutions, including--
(i) the scopes, purposes, and lengths of such
partnerships;
(ii) any research, curriculum development, or sharing
of faculty or students between institutions; and
(iii) any collaborations or exchanges by faculties or
students.
(B) Consortium.--An appraisal of a prospective consortium
of institutions of PME and civilian institutions, including--
(i) the feasability and advisability of establishing
such a consortium;
(ii) recommendations, if any, regarding potential
consortium members;
(iii) the anticipated costs and timeline to establish
such a consortium; and
(iii) whether the inclusion of the Naval Postgraduate
School or Air Force Institute of Technology in such a
consortium would require legislation.
(7) Organization.--With regards to the organizational structure
and lines of authority established pursuant to section 2152 of
title 10, United States Code--
(A) an analysis; and
(B) any legislative recommendations.
(c) Interim Briefings and Final Report.--
(1) Initial briefing.--Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an initial
briefing on the progress of the Secretary in preparing the report.
(2) Interim briefings.--Every six months after the initial
briefing, the Secretary of Defense shall provide to the Committees
on Armed Services of the House of Representatives and the Senate an
interim briefing on the progress and contents of the report.
(3) Final briefing.--Not later than December 1, 2025, in
conjunction with issuance of the final report, the Secretary of
Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a final briefing on the
findings and recommendations in the report.
(d) Definitions.--In this section:
(1) The term ``institutions of PME'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of title
10, United States Code.
(3) The term ``JPME'' means ``joint professional military
education'' has the meaning given such term in section 2151 of
title 10, United States Code.
(4) The term ``PME'' means professional military education,
including JPME.
(5) The term ``professional military education schools'' means
the schools specified in section 2162(b) of title 10, United States
Code.
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the treatment of China
in the curricula of institutions of military education, including
changes to such treatment implemented in the five years preceding the
date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ``intermediate level service school'', ``joint
intermediate level service school'', and ``senior level service
school'' have the meaning given such terms in section 2151 of title
10, United States Code.
(3) The term ``professional military education schools'' means
the schools specified in section 2162 of title 10, United States
Code.
Subtitle G--Member Training and Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code,
is amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a program
shall be known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29, titled
``Job Training, Employment Skills Training, Apprenticeships, and
Internships (JTEST-AI) for Eligible Service Members''; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under section
221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Establishment.--Not later than January 1, 2024, the Secretary
of the Army shall implement a pilot program to expedite in-processing
and out-processing at one or more military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Functions.--The pilot program shall perform the following
functions:
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
sign forms electronically.
(2) Reduce the number of hours required of covered personnel
for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of a
military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) Termination.--The pilot program shall terminate on January 1st,
2027.
(d) Report.--Not later than January 1, 2026, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the Army
and civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative
activities that covered personnel undertake pursuant to a permanent
change of station.
(3) The term ``out-processing'' means the administrative
activities that covered personnel undertake pursuant to a permanent
change of station, separation from the Army, or end of employment
with the Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE DUTY WHO
FILE CLAIMS FOR DISABILITY BENEFITS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, and not later than each January 1 thereafter
through 2025, the Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall submit to the appropriate
congressional committees a report on members of the Armed Forces who
file claims for disability benefits.
(b) Elements.--The report under this section shall include, for the
period beginning on October 1, 2019, through the month that ended most
recently before the date of the report, the number of members serving
on active duty, disaggregated by Armed Force, who filed a claim for
disability benefits--
(1) more than 180 days before the discharge or release of such
member from active duty;
(2) between 180 and 90 days before the discharge or release of
such member from active duty;
(3) fewer than 90 days before the discharge or release of such
member from active duty;
(4) before separation and was issued a decision letter before
the discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after
the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the discharge
or release of such member from active duty; and
(7) did not complete a mental health evaluation before the
discharge or release of such member from active duty.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and House of
Representatives.
(2) The Committees on Veterans' Affairs of the Senate and House
of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE IN STEM.
(a) Study on Members and Civilians.--Not later than September 30,
2023, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing
containing the results of a study on how to increase participation of
covered individuals in positions in the covered Armed Forces or
Department of Defense and related to STEM.
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force under
the jurisdiction of the Secretary of a military department.
(2) The term ``covered individual'' means a female--
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ``STEM'' means science, technology, engineering,
and mathematics.
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.
(a) In General.--Section 1789 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``chaplain-led programs'' and inserting ``a
chaplain-led program'';
(B) by striking ``members of the armed forces'' and all
that follows through ``status and their immediate family
members,'' and inserting ``a covered individual''; and
(C) by inserting ``, or to support the resiliency, suicide
prevention, or holistic wellness of such covered individual''
after ``structure'';
(2) in subsection (b)--
(A) by striking ``members of the armed forces and their
family members'' and inserting ``a covered individual'';
(B) by striking ``programs'' and inserting ``a program'';
and
(C) by striking ``retreats and conferences'' and inserting
``a retreat or conference''; and
(3) by striking subsection (c) and inserting the following:
``(c) Covered Individual Defined.--In this section, the term
`covered individual' means--
``(1) a member of the armed forces on active duty;
``(2) a member of the reserve components in an active status;
or
``(3) a dependent of an individual described in subparagraph
(A) or (B).''.
(b) Annual Briefings.--Not later than one year after the date of
the enactment of this Act, and annually thereafter for five years, the
Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing on implementation
of the amendments made by this section. Each such briefing shall
include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in the year
preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT
DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS: EXTENSION;
REPORT.
(a) Extension.--Section 589C(e) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 2164 note) is amended by striking ``four years after
the date of the enactment of this Act'' and inserting ``on July 1,
2029''.
(b) Report Required.--
(1) In general.--Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on
the conduct of the pilot program under such section.
(2) Elements.--The report shall include a description of--
(A) the locations at which the pilot program is carried
out;
(B) the number of students participating in the pilot
program for each academic year by location; and
(C) the outcome measures used to gauge the value of the
pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.
Section 580A of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92) is amended by adding at the end the
following:
``(c) Transportation of Deceased Military Member.--In the event of
a death that requires the Secretary concerned to provide a death
benefit under subchapter II of chapter 75 of title 10, United States
Code, such Secretary--
``(1) shall provide the next of kin or other appropriate person
a commercial air travel use waiver for the transportation of
deceased remains of military member who dies outside of--
``(A) the United States; and
``(B) a theater of combat operations; or
``(2) may provide the next of kin or other appropriate person a
commercial air travel use waiver for the transportation of deceased
remains of military member who dies inside a theater of combat
operations.''.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL.
(a) Continuation of Authority to Assist Local Educational Agencies
That Benefit Dependents of Members of the Armed Forces and Department
of Defense Civilian Employees.--
(1) Assistance to schools with significant numbers of military
dependent students.--Of the amount authorized to be appropriated
for fiscal year 2023 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b).
(2) Local educational agency defined.--In this subsection, the
term ``local educational agency'' has the meaning given that term
in section 7013(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(9)).
(b) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2023 pursuant to section 301 and available for
operation and maintenance for Defense-wide activities as specified
in the funding table in section 4301, $10,000,000 shall be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C.
7703a).
(2) Additional amount.--Of the amount authorized to be
appropriated for fiscal year 2023 pursuant to section 301 and
available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for use by the Secretary of Defense to make
payments to local educational agencies determined by the Secretary
to have higher concentrations of military dependent students with
severe disabilities.
(3) Report.--Not later than March 31, 2023, the Secretary shall
brief the Committees on Armed Services of the Senate and the House
of Representatives on the evaluation of the Secretary of each local
educational agency with higher concentrations of military dependent
students with severe disabilities and subsequent determination of
the amounts of impact aid each such agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT
DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH ENROLLMENT CHANGES
DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE
RELOCATIONS.
(a) Assistance Authorized.--To assist communities in making
adjustments resulting from changes in the size or location of the Armed
Forces, the Secretary of Defense shall provide financial assistance to
an eligible local educational agency described in subsection (b) if,
during the period between the end of the school year preceding the
fiscal year for which the assistance is authorized and the beginning of
the school year immediately preceding that school year, the local
educational agency--
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall increase
or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the schools of the
local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local
educational agency; or
(2) is projected to have an overall increase, between fiscal
years 2023 and 2028, of not less than 500 military dependent
students in average daily attendance in the schools of the local
educational agency as the result of a signed record of decision.
(b) Eligible Local Educational Agencies.--A local educational
agency is eligible for assistance under subsection (a) for a fiscal
year if--
(1) 20 percent or more of students enrolled in schools of the
local educational agency are military dependent students; and
(2) in the case of assistance described in subsection (a)(1),
the overall increase or reduction in military dependent students in
schools of the local educational agency is the result of one or
more of the following:
(A) The global rebasing plan of the Department of Defense.
(B) The official creation or activation of one or more new
military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a military
installation.
(E) A signed record of decision.
(c) Calculation of Amount of Assistance.--
(1) Pro rata distribution.--The amount of the assistance
provided under subsection (a) to a local educational agency that is
eligible for such assistance for a fiscal year shall be equal to
the product obtained by multiplying--
(A) the per-student rate determined under paragraph (2) for
that fiscal year; by
(B) the net of the overall increases and reductions in the
number of military dependent students in schools of the local
educational agency, as determined under subsection (a).
(2) Per-student rate.--For purposes of paragraph (1)(A), the
per-student rate for a fiscal year shall be equal to the dollar
amount obtained by dividing--
(A) the total amount of funds made available for that
fiscal year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions in the
number of military dependent students in schools of all
eligible local educational agencies for that fiscal year under
that subsection.
(3) Maximum amount of assistance.--A local educational agency
may not receive more than $15,000,000 in assistance under
subsection (a) for any fiscal year.
(d) Duration.--Assistance may not be provided under subsection (a)
after September 30, 2028.
(e) Notification.--Not later than June 30, 2023, and June 30 of
each fiscal year thereafter for which funds are made available to carry
out this section, the Secretary of Defense shall notify each local
educational agency that is eligible for assistance under subsection (a)
for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(f) Disbursement of Funds.--The Secretary of Defense shall disburse
assistance made available under subsection (a) for a fiscal year not
later than 30 days after the date on which notification to the eligible
local educational agencies is provided pursuant to subsection (e) for
that fiscal year.
(g) Briefing Required.--Not later than March 1, 2023, the Secretary
of Defense shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the estimated cost of providing
assistance to local educational agencies under subsection (a) through
September 30, 2028.
(h) Eligible Uses.--Amounts disbursed to a local education agency
under subsection (f) may be used by such local educational agency for--
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance, Defense-
wide, Department of Defense Education Activity, Line 390, as
specified in the corresponding funding table in section 4301, is
hereby increased by $15,000,000 for purposes of this section.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operation and Maintenance, Defense-
wide, for Washington Headquarters Services, Line 500, as specified
in the corresponding funding table in section 4301, is hereby
reduced by $15,000,000.
(j) Definitions.--In this section:
(1) The term ``base closure process'' means any base closure
and realignment process conducted after the date of the enactment
of this Act under section 2687 of title 10, United States Code, or
any other similar law enacted after that date.
(2) The term ``local educational agency'' has the meaning given
that term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' means--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of Defense.
(4) The term ``State'' means each of the several States and the
District of Columbia.
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall carry out a pilot
program to hire special needs inclusion coordinators at child
development centers selected by the Secretary under subsection (b).
(b) Selection of Centers.--The Secretary of Defense shall select
the child development centers at which the pilot program required by
subsection (a) will be carried out based on--
(1) the number of dependent children enrolled in the
Exceptional Family Member Program at the military installation on
which the center in located;
(2) the number of children with special needs enrolled in the
center; and
(3) such other considerations as the Secretary, in consultation
with the Secretaries of the military departments, considers
appropriate.
(c) Functions.--Each special needs inclusion coordinator assigned
to a child development center under the pilot program required by
subsection (a) shall--
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the increased
complexity of working with the behaviors of children with special
needs.
(d) Briefings Required.--
(1) Briefing on anticipated costs.--Not later than March 1,
2023, the Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a
briefing on the anticipated costs for the pilot program required by
subsection (a).
(2) Briefing on effectiveness of program.--Not later than
September 30, 2025, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the pilot program required by
subsection (a) that includes--
(A) the number of special needs inclusion coordinators
hired under the pilot program;
(B) a description of any issues relating to the retention
of those coordinators;
(C) a recommendation with respect to whether the pilot
program should be made permanent or expanded to other military
installations; and
(D) an assessment of the amount of funding required to make
the pilot program permanent or expand the pilot program to
other military installations, as the Secretary recommends under
subparagraph (C).
(e) Duration of Pilot Program.--The pilot program required by
subsection (a) shall--
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) Child Development Center Defined.--In this section, the term
``child development center'' has the meaning given that term in section
2871(2) of title 10, United States Code, and includes a facility
identified as a child care center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.
(a) In General.--Each Secretary concerned shall promote, to members
of the Armed Forces under the jurisdiction of such Secretary concerned,
awareness of child care assistance available under--
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283;
10 U.S.C. 1791 note).
(b) Reporting.--Not later than one year after the date of the
enactment of this Act, each Secretary concerned shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report summarizing activities taken by such Secretary concerned to
carry out subsection (a).
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in section 101
of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall seek to convene an industry roundtable to discuss the
hiring of military spouses. Such discussion shall include the following
elements:
(1) The value of, and opportunities to, private entities that
hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate licensure
compacts for military spouses.
(b) Participants.--The participants in the roundtable shall include
the following:
(1) The Under Secretary of Defense for Personnel and Readiness.
(2) The Assistant Secretary for Manpower and Reserve Affairs of
each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the Secretary
of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) Notice.--The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal Register
to encourage participation in the roundtable by private entities and
entities interested in the hiring of military spouses.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and House of
Representatives on the lessons learned from the roundtable, including
the recommendation of the Secretary whether to convene the roundtable
annually.
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY
INTERSTATE CHILDREN'S COMPACT.
(a) Recommendations Required.--The Secretaries concerned, in
consultation with States through the Defense-State Liaison Office,
shall develop recommendations to improve the Military Interstate
Children's Compact.
(b) Considerations.--In carrying out subsection (a), the
Secretaries concerned shall--
(1) identify any barriers--
(A) to the ability of a parent of a transferring military-
connected child to enroll the child, in advance, in an
elementary or secondary school in the State in which the child
is transferring, without requiring the parent or child to be
physically present in the State; and
(B) to the ability of a transferring military-connected
child who receives special education services to gain access to
such services and related supports in the State to which the
child transfers within the timeframes required under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(2) consider the feasibility and advisability of--
(A) tracking and reporting the number of families who use
advanced enrollment in States that offer advanced enrollment to
military-connected children;
(B) States clarifying in legislation that eligibility for
advanced enrollment requires only written evidence of a
permanent change of station order, and does not require a
parent of a military-connected child to produce a rental
agreement or mortgage statement; and
(C) the Secretary of Defense, in coordination with the
Military Interstate Children's Compact, developing a letter or
other memorandum that military families may present to local
educational agencies that outlines the protections afforded to
military-connected children by the Military Interstate
Children's Compact; and
(3) identify any other actions that may be taken by the States
(acting together or separately) to improve the Military Interstate
Children's Compact.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretaries concerned shall submit to the
Committees on Armed Services of the Senate and House of
Representatives, and to the States, a report setting forth the
recommendations developed under subsection (a).
(d) Definitions.--In this section:
(1) The terms ``armed forces'', ``active duty'' and
``congressional defense committees'' have the meanings given those
terms in section 101 of title 10, United States Code.
(2) The terms ``child'', ``elementary school'', ``local
educational agency'', ``secondary school'', ``parent'', and
``State'' have the meanings given those terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``Military Interstate Children's Compact'' means
the Interstate Compact on Educational Opportunity for Military
Children as described in Department of Defense Instruction 1342.29,
dated January 31, 2017 (or any successor to such instruction).
(4) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of the department in which the Coast
Guard is operating, with respect to matters concerning the
Coast Guard when it is not operating as a service in the
Department of the Navy.
(5) The term ``transferring military-connected child'' means
the child of a parent who--
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent change of
station order; and
(C) has not yet established an ongoing physical presence in
the State to which the parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO
PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME
CHILD CARE.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit, to the Committees on Armed Services of the Senate
and House of Representatives, a briefing containing the assessment of
the Secretary of Defense of the feasibility, advisability, and
considerations of expanding eligibility for the pilot program under
section 589 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C.
1791 note) to members of the Armed Forces who participate in an
exchange visitor program under section 62.31 of title 22, Code of
Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS SERVING AS
MEMBERS OF THE ARMED FORCES.
Not later than September 30, 2023, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing on regulations and rules of the Department
of Defense regarding single parents serving as members of the Armed
Forces. Such briefing shall include ways the Secretary has determined
to improve such regulations and rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE PROGRAMS.
Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly
accessible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child Care in
Your Neighborhood-Plus programs, disaggregated by State, ZIP code, and
Armed Force. Such information shall include whether each such provider
is nationally accredited or rated by the Quality Rating and Improvement
System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED
CHILDREN FOR PURPOSES OF FEDERAL IMPACT AID PROGRAMS.
Not later than February 1, 2023, the Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
brief the Committees on Armed Services of the Senate and House of
Representatives on the following:
(1) The feasibility of developing a process whereby the
commander of a military installation may certify the information
contained in impact aid source check forms received by such
commander from local educational agencies as of the date of such
certification.
(2) An estimate of resources, per military installation
concerned, necessary to implement such a process, including
personnel, information technology, and other costs.
(3) The estimated time required to implement such a process,
including time for the Secretary of Defense to develop guidance
regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are submitted
appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that the parent
of a child who attends a school operated by the Department of Defense
Education Activity has parental rights as previously established by the
Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department of
Defense Education Activity alters the school's academic standards
or learning benchmarks.
(3) The right to meet with each teacher of their child not less
than twice during each school year, including meetings in the form
of parent-teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the professional
qualifications of their child's classroom teacher.
(6) The right to address the school advisory committee or the
school board.
(7) The right to information about the school's discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of environmental
testing and safety at school facilities.
(b) Report.--Not later than six months after the date of the
enactment of this Act and consistent with the parental rights specified
in subsection (a), the Director of the Department of Defense Education
Activity shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the parental rights
specified in such subsection. The report shall include, with respect to
the schools operated by the Department of Defense Education Activity,
an explanation of--
(1) how and where a parent may access information about their
rights;
(2) the accessibility of that information;
(3) how such schools inform parents of their rights and the
means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) Definition.--In this section, the term ``school operated by the
Department of Defense Education Activity'' means--
(1) a Department of Defense domestic dependent elementary or
secondary school, as described in section 2164 of title 10, United
States Code; or
(2) any other elementary or secondary school or program for
dependents operated by the Department of Defense Education
Activity.
Subtitle I--Decorations, Awards, and Other Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE CORRECTION
OF MILITARY RECORDS TO REVIEW DETERMINATIONS REGARDING CERTAIN
DECORATIONS.
Section 1552 of title 10, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
``(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this title, a
board determination in favor of the claimant shall allow such a
recommendation to proceed, and an award or upgrade to be made by the
applicable award authority, without regard to the statutory time
limitation contained in section 7274, section 8298, or section 9274 of
this title, as the case may be.''.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.
(a) Authorization for Award of the Medal of Honor to Fred McGee for
Acts of Valor on June 16, 1952.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7272 of such title to Fred
McGee for the acts of valor described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of Fred McGee as a corporal in the
Army on June 16, 1952, for which he was previously awarded the
Silver Star.
(b) Authorization for Award of the Medal of Honor to David R.
Halbruner for Acts of Valor on September 11-12, 2012.--
(1) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or any
other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7272 of such title to David
R. Halbruner for the acts of valor described in the paragraph (2).
(2) Acts of valor described.--The acts of valor described in
this paragraph are the actions of David R. Halbruner as a master
sergeant in the Army on September 11-12, 2012, for which he was
previously awarded the Distinguished-Service Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF
GENERAL OF THE ARMIES OF THE UNITED STATES.
The President is authorized to appoint Ulysses S. Grant
posthumously to the grade of General of the Armies of the United
States, equal to the rank and precedence held by General John J.
Pershing pursuant to the Act titled ``An Act Relating to the creation
of the office of General of the Armies of the United States'', approved
September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE PURPLE
HEART.
(a) Publication of Award Criteria.--Not later than 180 days after
the date of the enactment of this Act, each Chief of an Armed Force
shall publish on a publicly available website of such Armed Force
includes a link to--
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart; and
(3) contact information for the awards and decorations liaison
of such Armed Force to facilitate confirmation, by a veteran or a
veteran's next of kin, whether a veteran was awarded the Purple
Heart after December 31, 2002.
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall submit to the
congressional defense committees a report on implementation of the
requirements under subsection (a). The report shall--
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed Force
related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the award
of a Purple Heart in response to an inquiry from a veteran or next
of kin; and
(4) include recommendations for decreasing the amount of time
taken to respond to such inquiries.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.
Section 115a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Not later than April 1 each year, the Secretary shall submit
to Congress a report that sets forth the following with respect to
personnel:
``(1) The number of members of the Armed Forces who are not
citizens of the United States during the year covered by such
report.
``(2) The immigration status of such members.
``(3) The number of such members naturalized.''.
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.
(a) Repeals.--
(1) Sunset.--Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 8013 note) is repealed.
(2) Obsolete provision.--Subsection (f) of such section is
repealed.
(b) Definitions: Addition; Clerical Improvements.--Subsection (d)
of such section--
(1) is amended--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph; and
(C) by adding at the end the following new paragraph:
``(4) The term `surface combatant vessel' means any littoral
combat ship (including the LCS-1 and LCS-2 classes), frigate
(including the FFG-62 class), destroyer (excluding the DDG-1000
class), or cruiser (including the CG-47 class).''; and
(2) is redesignated as subsection (e).
(c) Establishment of Certain Crewing Requirement.--Such section is
amended by inserting, after subsection (c), the following new
subsection (d):
``(d) Crewing of a Surface Combatant Vessel: Prohibition;
Exception.--(1) Beginning on October 1, 2025, the Secretary of the Navy
may not assign more than one crew to a covered ship that is a surface
combatant vessel if any surface combatant vessel was included in a
notification under subsection (a) during the 12 months preceding such
assignment.
``(2) The prohibition under paragraph (1) shall not apply to a
littoral combat ship configured to conduct mine countermeasures if the
Secretary of the Navy submits to the congressional defense committees a
certification and detailed explanation that such ship is unable to meet
operational requirements regarding mine countermeasures, determined by
the commander of a combatant command concerned, with only one crew.''.
(d) Codification.--
(1) In general.--Such section, as amended by this section, is
transferred to chapter 825 of title 10, United States Code,
inserted after section 8226, and redesignated as section 8227.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding, after the item relating to
section 8226, the following new item:
``8227. Notifications on manning of afloat naval forces.''.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS
HILL AT ARLINGTON NATIONAL CEMETERY.
Section 584(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 38 U.S.C. 2409 note) is amended by adding
at the end the following new paragraph:
``(4) Authority of secretary of the army.--The Secretary of the
Army may permit NCMAF to carry out any action authorized by this
subsection without regard to the time limitation under section
2409(b)(2)(C) of title 38, United States Code.''.
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM ARLINGTON
NATIONAL CEMETERY.
(a) Disinterment.--Not later than September 30, 2023, the Secretary
of the Army shall disinter the remains of Andrew Chabrol from Arlington
National Cemetery.
(b) Notification.--The Secretary of the Army may not carry out
subsection (a) until after notifying the next of kin of Andrew Chabrol.
(c) Disposition.--After carrying out subsection (a), the Secretary
of the Army shall--
(1) relinquish the remains to the next of kin described in
subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED
FIREARMS.
(a) Establishment.--The Secretary of Defense shall establish a
pilot program to promote the safe storage of personally owned firearms.
(b) Elements.--Under the pilot program under subsection (a), the
Secretary of Defense shall furnish to members of the Armed Forces who
are participating in the pilot program at military installations
selected under subsection (e) locking devices or firearm safes, or
both, for the purpose of securing personally owned firearms when not in
use (including by directly providing, subsidizing, or otherwise making
available such devices or safes).
(c) Participation.--
(1) Voluntary participation.--Participation by members of the
Armed Forces in the pilot program under subsection (a) shall be on
a voluntary basis.
(2) Location of participants.--A member of the Armed Forces may
participate in the pilot program under subsection (a) carried out
at a military installation selected under subsection (e) regardless
of whether the member resides at the military installation.
(d) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a plan
for the implementation of the pilot program under subsection (a).
(e) Selection of Installations.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
select not fewer than five military installations at which to carry out
the pilot program under subsection (a).
(f) Effect on Existing Policies.--Nothing in this section shall be
construed to circumvent or undermine any existing safe storage
policies, laws, or regulations on military installations.
(g) Report.--Upon the termination under subsection (h) of the pilot
program under subsection (a), the Secretary of Defense shall submit to
the congressional defense committees a report containing the following
information:
(1) The number and type of locking devices and firearm safes
furnished to members of the Armed Forces under the pilot program.
(2) The cost of carrying out the pilot program.
(3) An analysis of the effect of the pilot program on suicide
prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) Termination.--The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enactment
of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED
MILITARY INSTALLATIONS.
(a) Determination.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall determine whether
it is feasible and advisable to carry out a pilot program to allow car
sharing on more than two remote or isolated military installations.
(b) Authority.--If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit to the
congressional defense committees a plan to carry out the pilot program
not later than 90 days after such determination.
(c) Program Elements.--To carry out a pilot program under this
section, the Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that--
(A) provides car sharing services; and
(B) is capable of serving the selected military
installations.
(2) Provide to members assigned to such military installations
the resources the Secretary determines necessary to participate in
such pilot program.
(3) Promote such pilot program to such members as the Secretary
determines.
(d) Duration.--A pilot program under this section shall terminate
two years after the Secretary commences such pilot program.
(e) Report.--Upon the termination of a pilot program under this
section, the Secretary of Defense shall submit to the congressional
defense committees a report containing the following information:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on mental
health and community connectedness of members described in
subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON MEMBERS
OF THE ARMED FORCES.
The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a briefing on the
extent to which economic inflation has affected members of the Armed
Forces.
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF
THE ARMED FORCES OVERSEAS.
(a) Study Required.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on means of
improving access to voting for members of the Armed Forces overseas.
(b) Report.--Not later than September 30, 2024, the Director shall
submit to Congress a report on the results of the study conducted under
subsection (a). The report shall include the following:
(1) The results of a survey, undertaken for purposes of the
study, of Voting Assistance Officers and members of the Armed
Forces overseas on means of improving access to voting for such
members, including through the establishment of unit-level
assistance mechanisms or permanent voting assistance offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers in
order to fully meet the needs of members of the Armed Forces
overseas for access to voting.
(3) A description and assessment of various actions to be
undertaken under the Federal Voting Assistance Program in order to
increase the capabilities of the Voting Assistance Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY JOB
CODE.
(a) Report.--Not later than December 31, 2023, the Secretary of
Defense, in coordination with the Secretary of Homeland Security with
regards to the Coast Guard, shall conduct a review and submit to the
Committees on Armed Services of the Senate and House of Representatives
a report on the rates of suicides in the Armed Forces, beginning after
September 11, 2001, disaggregated by--
(1) year;
(2) military job code (Army military occupational specialty,
Navy enlisted classification or billet, Marine Corps military
occupational specialty, Air Force specialty code, or Coast Guard
rating); and
(3) whether the member was serving on active duty, in the
National Guard, or as a Reserve.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to--
(A) other military career fields for the same period;
(B) the overall suicide rate for each Armed Force for the
same period;
(C) the overall suicide rate for the Department of Defense
for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories
consistent with the age categories used in the Department of
Defense Annual Suicide Report.
(c) Interim Briefing.--Not later than June 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the preliminary
findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO DEATHS BY
SUICIDE IN THE NAVY.
(a) Review Required.--The Inspector General of the Department of
Defense shall conduct a review of the efforts by the Secretary of the
Navy to--
(1) prevent incidents of deaths by suicide, suicide attempts,
and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) Elements of Review.--The study conducted under subsection (a)
shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents of deaths
by suicide, suicide attempts, and suicidal ideation among covered
members, including data regarding whether such covered members are
assigned to sea duty or shore duty at the time of such incidents.
(2) The means used by commanders to prevent and respond to
incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to--
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members of the
Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services to
covered members to respond to incidents of suicidal ideation or
suicide attempts among covered members in the respective unit each
such team serves.
(5) The means used by such teams to respond to such incidents,
including the extent to which post-incident programs are available
to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by suicide,
suicide attempts, and suicidal ideation among covered members.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report that includes a summary of the
results of the review conducted under subsection (a).
(d) Covered Member Defined.--In this section the term ``covered
member'' means a member of the Navy assigned to sea duty or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT
OF THE PROFESSIONAL MILITARY ETHIC OF THE SPACE FORCE.
(a) Report Required.--Not later than June 1, 2023, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on officer personnel
management and the development of the professional military ethic of
the Space Force.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development in
the Space Force, including--
(A) the professional military education model for
professional education of, and continual learning for, officers
of the Space Force;
(B) the career development model for officers of the Space
Force, including key knowledge, skills, and attributes expected
of Space Force officers at each of the company grade, field
grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space Force
career tracks and how the flexibility of the Space Force
Component proposal will be used to achieve these desired career
paths;
(D) how proposed constructive credit for civilian education
and non-military experience in related space industry or
government sectors will align with the proposed PME and career
development models; and
(E) how the Space Force Component proposal will enable
officers to achieve joint qualifications required for promotion
to general officer.
(2) A description of issues related to officer accessions of
the Space Force, including--
(A) the expected sources of commissioning for officers of
the Space Force, including the desired proportions of officer
assessments from the Reserve Officer Training Corps, military
service academies, Officer Training School, and direct
commissions at each grade above O-1;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers at
each grade above O-1 and the extent to which the Space Force
plans to grant constructive credit in determining an officer's
entry grade at each grade above O-1; and
(C) the role of targeted recruiting, as described in the
Guardian Ideal, for officer accessions, including how it will
work, how frequently it will be used, for what positions, and
how it will fit into overall officer accessions.
(3) A description of issues related to the professional
military ethic of the Space Force, including--
(A) how the proposed talent management system, career
development model, PME model, and proposed Space Force
Component structure will affect the development of a unique
military culture of the Space Force as an Armed Force with
space as a warfighting domain;
(B) the role of the professional military ethic in the
Space Force, including expectations of commissioned officers as
public servants and military leaders;
(C) the expected role of civilian employees of the Space
Force in the development and stewardship of the Space Force as
an Armed Force, and how such employees are distinct from
members of the Space Force;
(D) the ethical implications of creating a force that is
designed to ``partner effectively with other space-interested
entities,'' as described in the Guardian Ideal, and how the
Space Force intends to address any ethical conflicts arising
from its desired close partnership with non-military and non-
governmental entities in private industry; and
(E) the specific barriers between officers, enlisted
members, and civilian employees that are described as
``unnecessary'' in the Guardian Ideal, how and why such
barriers are unnecessary for the Space Force, and any statutory
or policy changes the Space Force proposes to remove such
barriers, including any proposed changes to the Uniform Code of
Military Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that the
Secretary of the Air Force determines appropriate.
(c) Definitions.--In this section:
(1) The term ``Guardian Ideal'' means the document with that
title, dated September 17, 2021, and issued by the Chief of Space
Operations.
(2) The term ``PME'' means professional military education.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty
pay; travel allowance for members of the Armed Forces assigned
to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of
eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance
for housing in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole dependent dies
while residing with the member.
Sec. 614. Basic allowance for housing for members without dependents
when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits
for 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 congressional 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 relocate a pet that arise from a permanent change of
station.
Sec. 625. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional military education
institution or training classes.
Sec. 626. Conforming amendments to update references to travel and
transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of
station or assignment.
Subtitle D--Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces
to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E--Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection;
training; report.
Subtitle F--Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang
Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G--Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces:
study; report.
Subtitle A--Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2022'' and inserting ``December 31, 2023''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2022'' and inserting ``December 31, 2023'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2022'' and inserting ``December 31, 2023''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2022''
and inserting ``December 31, 2023'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b) of title 37, United States Code,
is amended--
(1) in paragraph (7)(E), by striking ``December 31, 2022'' and
inserting ``December 31, 2023''; and
(2) in paragraph (8)(C), by striking ``September 30, 2022'' and
inserting ``December 31, 2023''.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND SPECIAL
PAY AUTHORITIES.
(a) General Bonus Authority for Enlisted Members.--Section
331(c)(1) of title 37, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50,000'' and inserting
``$75,000''; and
(2) in subparagraph (B), by striking ``$30,000'' and inserting
``$50,000''.
(b) Special Bonus and Incentive Pay Authorities for Nuclear
Officers.--Section 333(d)(1)(A) of title 37, United States Code, is
amended by striking ``$50,000'' and inserting ``$75,000''.
(c) Special Aviation Incentive Pay and Bonus Authorities for
Officers.--Section 334(c)(1) of title 37, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$1,000'' and inserting
``$1,500''; and
(2) in subparagraph (B), by striking ``$35,000'' and inserting
``$50,000''.
(d) Skill Incentive Pay or Proficiency Bonus.--Section 353(c)(1)(A)
of title 37, United States Code, is amended by striking ``$1,000'' and
inserting ``$1,750''.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT OR SPECIAL
DUTY PAY; TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED FORCES
ASSIGNED TO ALASKA.
(a) Pay.--Section 352(a)(2) of title 37, United States Code, is
amended by inserting ``(including a cold weather location)'' after
``location''.
(b) Travel Allowance.--
(1) Establishment.--During the period specified in paragraph
(5), the Secretary of a military department shall reimburse an
eligible member of the armed forces for the cost of airfare for
that member to travel to the home of record of the member.
(2) Eligible members.--A member of the armed forces is eligible
for a reimbursement under paragraph (1) if--
(A) the member is assigned to a duty location in Alaska;
and
(B) an officer in a grade above O-5 in the chain of command
of the member authorizes the travel of the member.
(3) Treatment of time as leave.--The time during which an
eligible member is absent from duty for travel reimbursable under
paragraph (1) shall be treated as leave for purposes of section 704
of title 10, United States Code.
(4) Briefing required.--Not later than February 1, 2024, the
Secretary shall provide to the Committees on Armed Services of the
Senate and the House of Representatives a briefing on--
(A) the use and effectiveness of reimbursements under
paragraph (1);
(B) the calculation and use of the cost of living allowance
for a member assigned to a duty location in Alaska; and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty location.
(5) Period specified.--The period specified in this paragraph
is the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM.
(a) Program Requirement.--The Secretary shall establish and carry
out within the Department of the Air Force a demonstration program to
assess and improve retention on active duty in the Air Force of rated
officers described in subsection (b).
(b) Rated Officers Described.--Rated officers described in this
subsection are rated officers serving on active duty in the Air Force,
excluding rated officers with a reserve appointment in the Air National
Guard or Air Force Reserve--
(1) whose continued service on active duty would be in the best
interest of the Department of the Air Force, as determined by the
Secretary; and
(2) who have not more than three years and not less than one
year remaining on an active duty service obligation under section
653 of title 10, United States Code.
(c) Written Agreement.--
(1) In general.--Under the demonstration program required under
subsection (a), the Secretary shall offer retention incentives
under subsection (d) to a rated officer described in subsection (b)
who executes a written agreement to remain on active duty in a
regular component of the Air Force for not less than four years
after the completion of the active duty service obligation of the
officer under section 653 of title 10, United States Code.
(2) Exception.--If the Secretary of the Air Force determines
that an assignment previously guaranteed under subsection (d)(1) to
a rated officer described in subsection (b) cannot be fulfilled,
the agreement of the officer under paragraph (1) to remain on
active duty shall expire not later than one year after that
determination.
(d) Retention Incentives.--
(1) Guarantee of future assignment location.--Under the
demonstration program required under subsection (a), the Secretary
may offer to a rated officer described in subsection (b) a
guarantee of future assignment locations based on the preference of
the officer.
(2) Aviation bonus.--Under the demonstration program required
under subsection (a), notwithstanding section 334(c) of title 37,
United States Code, the Secretary may pay to a rated officer
described in subsection (b) an aviation bonus not to exceed an
average annual amount of $50,000 (subject to paragraph (3)(B)).
(3) Combination of incentives.--The Secretary may offer to a
rated officer described in subsection (b) a combination of
incentives under paragraphs (1) and (2).
(e) Annual Briefing.--Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration program
required under subsection (a), the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing describing the use of such demonstration
program and its effects on the retention on active duty in the Air
Force of rated officers described in subsection (b).
(f) Definitions.--In this section:
(1) Rated officer.--The term ``rated officer'' means an officer
specified in section 9253 of title 10, United States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Air Force.
(g) Termination.--This section shall terminate on December 31,
2028.
Subtitle B--Allowances Other Than Travel and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF
ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.
(a) In General.--Section 402b(b) of title 37, United States Code,
is amended--
(1) by striking ``130 percent'' both places it appears and
inserting ``150 percent''; and
(2) in paragraph (2)--
(A) by inserting ``(A)'' before ``the gross'';
(B) by striking ``; and'' and inserting ``; or''; and
(C) by inserting at the end the following:
``(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance), the
gross household income of the member during the most recent
calendar year did not exceed an amount equal to 200 percent of the
Federal poverty guidelines of the Department of Health and Human
Services for the location of the member and the number of
individuals in the household of the member for such year; and''.
(b) Implementation.--Not later than January 1, 2024, the Secretary
concerned (as defined in section 101 of title 37, United States Code)
shall modify the calculation of the basic needs allowance under section
402b of title 37, United States Code, to implement the amendments made
by subsection (a).
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.
Section 403(b)(8)(C) of title 37, United States Code, is amended by
striking ``2022'' and inserting ``2024''.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE FOR
HOUSING FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT DIES
WHILE RESIDING WITH THE MEMBER.
(a) Authority.--Section 403 of title 37, United States Code, as
amended by section 612, is further amended--
(1) by redesignating subsections (m) through (p) as subsections
(n) through (q); and
(2) by inserting after subsection (l) the following new
subsection (m):
``(m) Temporary Continuation of Rate of Basic Allowance for Members
of the Armed Forces Whose Sole Dependent Dies While Residing With the
Member.--(1) Notwithstanding subsection (a)(2) or any other section of
law, the Secretary of Defense or the Secretary of the Department in
which the Coast Guard is operating, may, after the death of the sole
dependent of a member of the armed forces, continue to pay a basic
allowance for housing to such member at the rate paid to such member on
the date of such death if--
``(A) such sole dependent dies--
``(i) while the member is on active duty; and
``(ii) while residing with the member, unless separated by
the necessity of military service or to receive institutional
care as a result of disability or incapacitation or under such
other circumstances as the Secretary concerned may by
regulation prescribe; and
``(B) the member is not occupying a housing facility under the
jurisdiction of the Secretary concerned on the date of the death of
the sole dependent.
``(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to occur:
``(A) The day that is one year after the date of the death of
the sole dependent.
``(B) The permanent change of station, or permanent change of
assignment with movement of personal property and household goods
under section 453(c) of this title, of the member.''.
(b) Conforming Amendment.--Section 2881a(c) of title 10, United
States Code, is amended by striking ``section 403(n)'' and inserting
``section 403(o)''.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD FINANCIALLY DISADVANTAGE
MEMBER.
Subsection (p) of section 403 of title 37, United States Code, as
redesignated by section 612, is further amended in subsection (p)--
(1) in the subsection heading, by striking ``Low-cost and No-
cost'' and inserting ``Certain'';
(2) by inserting ``(1)'' before ``In the case of a member who
is assigned''; and
(3) by adding at the end the following new paragraph:
``(2)(A) In the case of a member without dependents who is assigned
to a unit that undergoes a change of home port or a change of permanent
duty station, if the Secretary concerned determines that it would be
inequitable to base the member's entitlement to, and amount of, a basic
allowance for housing on the new home port or permanent duty station,
the Secretary concerned may--
``(i) waive the requirement to base the member's entitlement
to, and amount of, a basic allowance for housing on the new home
port or permanent duty station member; and
``(ii) treat that member for the purposes of this section as if
the unit to which the member is assigned did not undergo such a
change.
``(B) The Secretary concerned may grant a waiver under subparagraph
(A) to not more than 100 members in a calendar year.
``(C) Not later than March 1 of each calendar year, the Secretary
concerned shall provide a briefing to the Committees on Armed Services
of the Senate and the House of Representatives on the use of the
authority provided by subparagraph (A) during the preceding calendar
year that includes--
``(i) the number of members granted a waiver under subparagraph
(A) during that year; and
``(ii) for each such waiver, an identification of--
``(I) the grade of the member;
``(II) the home port or permanent duty station of the unit
to which the member is assigned before the change described in
subparagraph (A); and
``(III) the new home port or permanent duty station of that
unit.
``(D) This paragraph shall cease to be effective on December 31,
2027.''.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING
BENEFITS FOR CERTAIN MEMBERS ASSIGNED TO THE DEFENSE INTELLIGENCE
AGENCY.
(a) Revivial.--Section 491 of title 37, United States Code--
(1) is revived to read as it did immediately before its repeal
under section 604 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81); and
(2) is redesignated as section 431 of such title.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting, after the item
relating to section 427, the following new item:
``431. 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.
Subsection (d)(1) of section 606 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3672; 37 U.S.C. 416 note) is amended by striking
``September 30, 2022'' and inserting ``September 30, 2023''.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS; NOTICE TO
CERTAIN CONGRESSIONAL COMMITTEES.
(a) Adjustments.--
(1) Reductions: limitation.--The Secretary of Defense and the
Secretary of the Department in which the Coast Guard is operating
may reduce the cost-of-living allowance for a member of the Armed
Forces assigned to a duty station located outside the United
States--
(A) not more than once every six months; or
(B) in connection with a permanent change of station for
such member.
(2) Increases.--The Secretary of Defense and the Secretary of
the Department in which the Coast Guard is operating may increase
the allowance described in paragraph (1) for a member of the Armed
Forces at any time.
(b) Notice.--The Secretary of Defense shall notify the Committees
on Armed Services of the Senate and House of Representatives not less
than 180 days before modifying a table used to calculate the living
allowance described in subsection (a).
(c) Briefing.--Not later than March 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing containing--
(1) the determination of the Secretary regarding the effects of
this section on the allowance described in subsection (a);
(2) an assessment of the representative market basket of goods
and services used to determine such allowance, including the
methodology to identify such market basket and the frequency with
which such allowance is adjusted; and
(3) the methodology and process by which surveys regarding such
allowance are updated, including the average response rates and the
efforts undertaken to ensure a representative sample of
beneficiaries are surveyed.
Subtitle C--Travel and Transportation Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES: COMPLEX
OVERHAUL.
Section 452 of title 37, United States Code, is amended, in
subsection (b)--
(1) by redesignating the second paragraph (18) as paragraph
(21); and
(2) by adding at the end the following new paragraphs:
``(22) Permanent change of assignment to or from a naval vessel
undergoing nuclear refueling or defueling and any concurrent
complex overhaul, even if such assignment is within the same area
as the current assignment of the member.
``(23) Current assignment to a naval vessel entering or exiting
nuclear refueling or defueling and any concurrent 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.
(a) In General.--Section 453 of title 37, United States Code, is
amended, in subsection (g)--
(1) in the heading, by inserting ``or Business Costs'' after
``Relicensing Costs'';
(2) in paragraph (1), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(3) in paragraph (2)--
(A) by inserting ``(A)'' before ``Reimbursement'';
(B) by inserting ``for qualified relicensing costs'' after
``subsection'';
(C) by striking ``$1000'' and inserting ``$1,000''; and
(D) by adding at the end the following new subparagraph:
``(B) Reimbursement provided to a member under this subsection for
qualified business costs may not exceed $1,000 in connection with each
reassignment described in paragraph (1).'';
(4) in paragraph (3), by inserting ``or qualified business
costs'' after ``qualified relicensing costs'';
(5) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by inserting
``business license, permit,'' after ``courses,'';
(B) in subparagraph (A)--
(i) by inserting ``, or owned a business,'' before
``during'';
(ii) by inserting ``professional'' before ``license'';
and
(iii) by inserting ``, or business license or permit,''
after ``certification''; and
(C) in subparagraph (B)--
(i) by inserting ``professional'' before ``license'';
and
(ii) by inserting ``, or business license or permit,''
after ``certification''; and
(6) by adding at the end the following new paragraph:
``(5) In this subsection, the term `qualified business costs' means
costs, including moving services for equipment, equipment removal, new
equipment purchases, information technology expenses, and inspection
fees, incurred by the spouse of a member if--
``(A) the spouse owned a business during the member's previous
duty assignment and the costs result from a movement described in
paragraph (1)(B) in connection with the member's change in duty
location pursuant to reassignment described in paragraph (1)(A);
and
``(B) the costs were incurred or paid to move such business to
a new location in connection with such reassignment.''.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, each Secretary of a military department shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a briefing regarding implementation of the amendments
made by subsection (a), including--
(1) the number of times such Secretary used the authority under
such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR SPOUSE
RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF STATION.
Section 453 of title 37, United States Code, as amended by section
622, is further amended, in subsection (g)(3), by striking ``December
31, 2024'' and inserting ``December 31, 2029''.
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR
COSTS TO RELOCATE A PET THAT ARISE FROM A PERMANENT CHANGE OF
STATION.
Section 453 of title 37, United States Code, as amended by sections
622, and 623, is further amended by adding at the end the following new
subsection:
``(h) Reimbursement for Transportation of Pets Arising From Certain
Permanent Changes of Stations.--(1) The Secretary concerned may
reimburse a member for any cost related to the relocation of a pet that
arises from a permanent change of station of such member within the
continental United States. Such reimbursement may not exceed $550 for
each such permanent change of station.
``(2) The Secretary concerned may reimburse a member for any cost
related to the relocation of a pet that arises from a permanent change
of station of such member to or from a duty station located outside the
continental United States. Such reimbursement may not exceed $4,000 for
each such permanent change of station.''.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN MEMBERS
OF THE ARMED FORCES WHO ATTEND A PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.
Section 453 of title 37, United States Code, as amended by sections
622, 623, and 624, is further amended by adding at the end the
following new subsection:
``(i) Attendance at Professional Military Education Institution or
Training Classes.--
``(1) The Secretary of the military department concerned may
authorize temporary duty status, and travel and transportation
allowances payable to a member in such status, for a member under
the jurisdiction of such Secretary who is reassigned--
``(A) between duty stations located within the United
States;
``(B) for a period of not more than one year;
``(C) for the purpose of participating in professional
military education or training classes,
``(D) with orders to return to the duty station where the
member maintains primary residence and the dependents of such
member reside.
``(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in paragraph
(1), such member shall be eligible for travel and transportation
allowances including the following:
``(A) Transportation, including mileage at the same rate
paid for a permanent change of station.
``(B) Per diem while traveling between the permanent duty
station and professional military education institution or
training site.
``(C) Per diem paid in the same manner and amount as
temporary lodging expenses.
``(D) Per diem equal to the amount of the basic allowance
for housing under section 403 of this title paid to a member--
``(i) in the grade of such member;
``(ii) without dependents;
``(iii) who resides in the military housing area in
which the professional military education institution or
training site is located.
``(E) Movement of household goods in an amount determined
under applicable regulations.''.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND
TRANSPORTATION AUTHORITIES.
(a) Balanced Budget and Emergency Deficit Control Act of 1985.--
Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking
``sections 403a and 475'' and inserting ``sections 403b and 405''.
(b) Title 5.--Title 5, United States Code, is amended--
(1) in section 4109(a)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(2) in section 5725(c)(2)(B), by striking ``section
476(b)(1)(H)(iii)'' and inserting ``subsections (c) and (d) of
section 453''; and
(3) in section 5760--
(A) in subsection (c), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(B) in subsection (d)--
(i) in paragraph (2), by striking ``section 474(d)''
and inserting ``section 464''; and
(ii) in paragraph (3), by striking ``section
481h(d)(1)'' and inserting ``section 452(d)''.
(c) Title 10.--Title 10, United States Code, is amended--
(1) in section 710--
(A) in subsection (f)(4)(A), in the matter preceding clause
(i), by striking ``section 474'' and inserting ``section 452'';
and
(B) in subsection (h)(4), by striking ``section 481f'' and
inserting ``section 453(f)'';
(2) in section 1174a(b)(2)(B), by striking ``sections 474 and
476'' and inserting ``sections 452 and 453(c)'';
(3) in section 1175(j), by striking ``sections 474 and 476''
and inserting ``sections 452 and 453(c)'';
(4) in section 1175a(e)(2)(B), by striking ``sections 474 and
476'' and inserting ``sections 452 and 453(c)'';
(5) in section 1491(d)(3), by striking ``section 495(a)(2)''
and inserting ``section 435(a)(2)'';
(6) in section 2013(b)(2)--
(A) in subparagraph (A), by striking ``sections 474 and
475'' and inserting ``sections 405 and 452''; and
(B) in subparagraph (B), by striking ``sections 476 and
479'' and inserting ``sections 452 and 453(c)'';
(7) in section 2493(a)(4)(B)(ii), by striking ``section
481f(d)'' and inserting ``section 453(f)'';
(8) in section 2613(g), by striking ``section 481h(b)'' and
inserting ``section 451(a)''; and
(9) in section 12503--
(A) in subsection (a), in the second sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and
435'';
(B) in subsection (b)(2)(A), by striking ``section 495''
and inserting ``section 435''; and
(C) in subsection (c), by striking ``chapter 7'' and
inserting ``section 452''.
(d) Title 14.--Section 2764 of title 14, United States Code, is
amended, in the first and third sentences, by striking ``subsection (b)
of section 476'' and inserting ``section 453(c)''.
(e) Title 32.--Section 115 of title 32, United States Code, is
amended--
(1) in subsection (a), in the third sentence, by striking
``sections 206 and 495'' and inserting ``sections 206 and 435'';
(2) in subsection (b)(2)(A), by striking ``section 495'' and
inserting ``section 435''; and
(3) in subsection (c), by striking ``chapter 7'' and inserting
``section 452''.
(f) National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002.--Section 236(f)(4)(A) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act
of 2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the matter preceding
clause (i), by striking ``section 474'' and inserting ``section 452''.
(g) Title 36.--Section 2101(b)(2) of title 36, United States Code,
is amended by striking ``section 475'' and inserting ``section 405''.
(h) Title 37.--Title 37, United States Code, is amended--
(1) in section 403--
(A) in subsection (d)(2)(A), by striking ``section 476''
and inserting ``section 452''; and
(B) in subsection (g)--
(i) in paragraph (2), in the second sentence, by
striking ``section 474'' and inserting ``section 452''; and
(ii) in paragraph (3), by striking ``section 476'' and
inserting ``section 453(c)'';
(2) in section 420(b), by striking ``sections 474-481'' and
inserting ``section 452'';
(3) in section 422(a), by striking ``section 480'' and
inserting ``section 452'';
(4) in section 427--
(A) in subsection (a)(1)(A), by striking ``section 476''
and inserting ``section 452''; and
(B) in subsection (c)(1), by striking ``section 476'' and
inserting ``section 452'';
(5) in section 433(b), by striking ``section 474(d)(2)(A)'' and
inserting ``section 452'';
(6) in section 451(a)(2)(H)--
(A) in clause (i), by striking ``section 481f'' and
inserting ``section 453(f)'';
(B) in clause (ii), by striking ``section 481h'' and
inserting ``section 452(b)(12)'';
(C) in clause (iii), by striking ``section 481j'' and
inserting ``section 452(b)(13)'';
(D) in clause (iv), by striking ``section 481k'' and
inserting ``section 452(b)(14)''; and
(E) in clause (v), by striking ``section 481l'' and
inserting ``section 452(b)(15)'';
(7) in section 1002(b)(1), by striking ``section 474(a)-(d),
and (f),'' and inserting ``section 452'';
(8) in section 1003, by striking ``sections 402-403b, 474-477,
479-481, and 414'' and inserting ``sections 402 through 403b, 405,
414, 452, and 453''; and
(9) in section 1006(g)--
(A) by striking ``section 477'' and inserting ``section
452(c)(2)''; and
(B) by striking ``section 475a(a)'' and inserting ``section
452(b)(11)''.
(i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by
striking ``section 475'' and inserting ``section 405''.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED FORCES
FOR CERTAIN CHILD CARE COSTS INCIDENT TO A PERMANENT CHANGE OF
STATION OR ASSIGNMENT.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or
assignment.
(b) Travel and Transportation Allowances.--Under the pilot program,
the Secretary of Defense shall treat a designated child care provider
as an authorized traveler if child care is not available to a member of
the Armed Forces at a military child development center at the
permanent duty location of such member not later than 30 days after the
member arrives at such location.
(c) Reimbursement of Certain Child Care Costs.--
(1) Authority.--Under the pilot program, the Secretary of
Defense may reimburse a member of the Armed Forces for travel
expenses for a designated child care provider when--
(A) the member is reassigned, either as a permanent change
of station or permanent change of assignment, to a new duty
station;
(B) the movement of the member's dependents is authorized
at the expense of the United States under section 451 of title
37, United States Code, as part of the reassignment;
(C) child care is not available at a military child
development center at such duty station not later than 30 days
after the member arrives at such duty station; and
(D) the dependent child is on the wait list for child care
at such military child development center.
(2) Maximum amounts.--Reimbursement provided to a member under
this subsection may not exceed--
(A) $500 for a reassignment between duty stations within
the continental United States; and
(B) $1,500 for a reassignment involving a duty station
outside of the continental United States.
(3) Deadline.--A member may not apply for reimbursement under
this subsection later than one year after a reassignment described
in paragraph (1).
(4) Concurrent receipt prohibited.--In the event a household
contains more than one member eligible for reimbursement under this
subsection, reimbursement may be paid to one member among such
members as such members shall jointly elect.
(d) Report.--Not later than January 1, 2027, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(e) Termination.--The pilot program shall terminate on September
30, 2028.
(f) Definitions.--In this section:
(1) The term ``authorized traveler'' has the meaning given such
term in section 451 of title 37, United States Code.
(2) The term ``designated child care provider'' means an adult
selected by a member of the armed forces to provide child care to a
dependent child of such member.
(3) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United States
Code.
Subtitle D--Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.
(a) Repeal of Obsolete Authority.--Section 701 of title 10, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as subsections
(d) through (l).
(b) Conforming Amendments to Section 701 of Title 10.--Section 701
of title 10, United States Code, is amended--
(1) in subsection (b), by striking ``subsections (d), (f), and
(g)'' and inserting ``subsections (e) and (f)'';
(2) in subsection (f), as redesignated by subsection (a)(2), in
the first sentence, by striking ``subsections (b), (d), and (f)''
and inserting ``subsections (b) and (e)''; and
(3) in subsection (i), as so redesignated, in the first
sentence, by striking ``subsections (b), (d), and (f)'' and
inserting ``subsections (b) and (e)''.
(c) Conforming Amendments to Other Provisions of Law.--
(1) Title 14.--Section 2508(a) of title 14, United States Code,
is amended by striking ``section 701(f)(2)'' and inserting
``section 701(e)''.
(2) Title 37.--Title 37, United States Code, is amended--
(A) in section 501--
(i) in subsection (b)(6), by striking ``120 days of
leave under section 701(f)(1)'' and inserting ``90 days of
leave under section 701(e)''; and
(ii) in subsection (h), by striking ``section 701(g)''
and inserting ``section 701(f)''; and
(B) in section 502(b), by striking ``section 701(h)'' and
inserting ``section 701(g)''.
(d) Effective Date.--The amendments made by this section take
effect on January 1, 2023.
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED
FORCES TO ACCUMULATE LEAVE IN EXCESS OF 60 DAYS.
(a) In General.--Section 701 of title 10, United States Code, as
amended by section 631, is further amended by striking subsection (e)
and inserting the following:
``(e)(1) The Secretary concerned, under uniform regulations to be
prescribed by the Secretary of Defense, may authorize a member
described in paragraph (2) to retain not more than 30 days of excess
leave.
``(2) A member described in this paragraph is a member who--
``(A)(i) serves on active duty for a continuous period of at
least 120 days for which the member is entitled to special pay
under section 310(a) of title 37; or
``(ii) is assigned to a deployable ship or mobile unit or to
other duty designated for the purposes of this section;
``(B) except for this subsection, would lose any excess leave
at the end of the fiscal year; and
``(C) receives, from the first officer in a grade above O-6 in
the chain of command of such member, written authorization to
retain such excess leave.
``(3) Excess leave retained by a member under this subsection shall
be forfeited unless used before the end of the second fiscal year after
the end of the fiscal year in which the service or assignment described
in paragraph (2)(A) terminated.
``(4) In this subsection, the term `excess leave' means leave
accrued by a member in excess of the number of days of leave authorized
to be accumulated under subsection (b).''.
(b) Transition Rule.--Leave in excess of 90 days, accumulated by a
member of the Armed Forces under section 701 of such title before the
effective date under subsection (c), is forfeited unless--
(1) used by the member on or before September 30, 2026; or
(2) the retention of such leave is otherwise authorized by law.
(c) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED FORCES.
(a) In General.--Section 701 of title 10, United States Code, as
amended by sections 631 and 632, is further amended by adding at the
end the following new subsection:
``(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of the
armed forces diagnosed with a medical condition is allowed convalescent
leave if--
``(A) the medical or behavioral health provider of the member--
``(i) determines that the member is not yet fit for duty as
a result of that condition; and
``(ii) recommends such leave for the member to provide for
the convalescence of the member from that condition; and
``(B) the commanding officer of the member or the commander of
the military medical treatment facility authorizes such leave for
the member.
``(2) A member may take not more than 30 days of convalescent leave
under paragraph (1) with respect to a condition described in that
paragraph unless--
``(A) such leave in excess of 30 days is authorized by--
``(i) the Secretary concerned; or
``(ii) an individual at the level designated by the
Secretary concerned, but not below the grade of O-5 or the
civilian equivalent; or
``(B) the member is authorized to receive convalescent leave
under subsection (h)(3) in conjunction with the birth of a child.
``(3)(A) Convalescent leave may be authorized under paragraph (1)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.
``(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that paragraph,
the commanding officer of the member or the commander of the military
medical treatment facility, as the case may be, shall--
``(i) limit the duration of such leave to the minimum necessary
in relation to the diagnosis, prognosis, and probable final
disposition of the condition of the member; and
``(ii) authorize leave tailored to the specific medical needs
of the member rather than (except for convalescent leave provided
for under subsection (h)(3)) authorizing leave based on a
predetermined formula.
``(4) A member taking convalescent leave under paragraph (1) shall
not have the member's leave account reduced as a result of taking such
leave.
``(5) In this subsection, the term `military medical treatment
facility' means a facility described in subsection (b), (c), or (d) of
section 1073d of this title.''.
(b) Treatment of Convalescent Leave for Birth of Child.--Paragraph
(4) of subsection (h) of such section, as redesignated by section 632,
is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(2) by inserting ``(A)'' after ``(4)''; and
(3) by adding at the end the following new subparagraph:
``(B) Convalescent leave may be authorized under subparagraph (A)
only for a medical condition of a member and may not be authorized for
a member in connection with a condition of a dependent or other family
member of the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2023.
Subtitle E--Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS OF A
DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement with
an entity to carry out subparagraph (A), the Secretary concerned
may, at the request of the person described in such subparagraph,
pursue a claim against such entity that arises from the failure of
such entity to substantially perform such subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing, or
destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under subsection
(c) the greater of $1,000 or the fair market value of such damage,
loss, or destruction. The Secretary concerned may request, from the
person designated under subsection (c), proof of fair market value
and ownership of the personal effects.''.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE EMPLOYEES.
Section 1793 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Child Care Employee Discount.--The Secretary of Defense may,
to support recruitment and retention initiatives, charge a child care
employee, whose child attends a military child development center, a
reduced fee for such attendance.''.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in Survivor
Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or former
member may elect to participate in the Survivor Benefit Plan during
the open season described in subsection (e).
(2) Eligible retired or former members.--For purposes of
paragraph (1), an eligible retired or former member is a member or
former member of the uniformed services who, on or before the day
before the first day of the open season described in subsection
(e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter 1223 of
title 10, United States Code (or chapter 67 of such title as in
effect before October 5, 1994), but for the fact that such
member or former member is under 60 years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election under
paragraph (1) by reason of eligibility under paragraph (2)(A)
shall be treated for all purposes as providing a standard
annuity under the Survivor Benefit Plan.
(B) Reserve-component annuity.--A person making an election
under paragraph (1) by reason of eligibility under paragraph
(2)(B) shall be treated for all purposes as providing a
reserve-component annuity under the Survivor Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums that a person who makes an
election under paragraph (1) shall be required to pay for
participating in the Survivor Benefit Plan pursuant to the
election.
(B) Amount of premiums.--The total amount of the premiums
to be paid by a person under the regulations prescribed under
subparagraph (A) shall be equal to the sum of--
(i) the total amount by which the retired pay of the
person would have been reduced before the effective date of
the election under subsection (d) if the person had elected
to participate in the Survivor Benefit Plan (for the same
base amount specified in the election) at the first
opportunity that was afforded the person to participate
under chapter 73 of title 10, United States Code;
(ii) interest on the amount by which the retired pay of
the person would have been so reduced, computed from the
date on which the retired pay would have been so reduced at
such rate or rates and according to such methodology as the
Secretary determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial soundness of
the Department of Defense Military Retirement Fund against
any increased risk for the fund that is associated with the
election.
(C) Premiums to be credited to retirement fund.--Premiums
paid under the regulations prescribed under subparagraph (A)
shall be credited to the Department of Defense Military
Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor
Benefit Plan.--
(1) Election of to discontinue sbp participation.--A person
participating in the Survivor Benefit Plan on the day before the
first day of the open season described in subsection (e) may elect
to discontinue such participation during the open season.
(2) Consent of beneficiaries.--
(A) In general.--Except as provided in subparagraph (B), a
person described in paragraph (1) may not make an election
under that paragraph without the concurrence of--
(i) each designated beneficiary of such person under
the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person is
married.
(B) Exception when beneficiary unavailable.--A person may
make an election under paragraph (1) without a concurrence
required under subparagraph (2) if the person establishes to
the satisfaction of the Secretary concerned--
(i) that the whereabouts of the spouse or beneficiary,
as the case may be, cannot be determined; or
(ii) that, due to exceptional circumstances, requiring
the person to seek the consent of the spouse or
beneficiary, as the case may be, would otherwise be
inappropriate.
(3) Treatment of premiums.--
(A) Discontinuation of reductions in pay.--As of the
effective date under subsection (d) of an election by a person
under paragraph (1), the Secretary concerned shall discontinue
the reduction being made in the retired pay of the person
arising from participation in the Survivor Benefit Plan or, in
the case of a person who has been required to make deposits in
the Treasury on account of participation in the Survivor
Benefit Plan, that person may discontinue making such deposits
effective on such effective date.
(B) Treatment of previous reductions.--A person who makes
an election under paragraph (1) is not entitled to a refund of
any reduction or deposit described in subparagraph (A) made
before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b) shall
be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
season described in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under
the Survivor Benefit Plan.
(3) Election must be voluntary.--An election under subsection
(a) or (b) is not effective unless the person making the election
declares the election to be voluntary. An election under subsection
(a) or (b) to participate or not to participate in the Survivor
Benefit Plan may not be required by any court. An election by a
person under subsection (a) to participate in the Survivor Benefit
Plan is not subject to the concurrence of a spouse or former spouse
of the person.
(4) Designation with respect to reserve-component annuity.--A
person making an election under subsection (a) to provide a
reserve-component annuity shall make a designation described in
section 1448(e) of title 10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a)
or (b) shall be effective on the first day of the first calendar month
following the month in which the election is received by the Secretary
concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on January 1, 2024.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
subsection (a) or (b) in the same manner as if the election were made
under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component annuity'',
and ``standard annuity'' have the meanings given those terms in
section 1447 of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement Fund''
means the fund established under section 1461(a) of title 10,
United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in section 101 of
title 37, United States Code.
(5) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE: BRIEFING.
(a) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a briefing regarding child care at
military installations of the covered Armed Forces--
(1) that are not served by a military child development center;
or
(2) where the military child development center has few
available spots.
(b) Elements.--The briefing under subsection (a) shall include the
following elements:
(1) With regards to each military installation described in
such subsection:
(A) The current and maximum possible enrollment at the
military child development center (if one exists).
(B) Plans of the Secretary to expand an existing, or
construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child care
facilities located near such military installation compared to
the amount of assistance provided by the Secretary of the
military department concerned to members for child care
services.
(2) Any policy recommendations of the Secretary of Defense--
(A) to address the rising cost of child care near military
installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``military child development center'' has the
meaning given such term in section 1800 of title 10, United States
Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA COLLECTION;
TRAINING; REPORT.
(a) Data Collection.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Under Secretary for Food,
Nutrition, and Consumer Services of the Department of Agriculture,
shall--
(1) develop a survey, in collaboration with the Department of
Agriculture, to determine how many members of the Armed Forces
serving on active duty, and dependents of such members, are food
insecure;
(2) issue the survey to such members and dependents;
(3) collect data related to the number of such members and
dependents who--
(A) are eligible for the basic needs allowance under
section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including--
(i) the supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(ii) the special supplemental nutrition program for
women, infants, and children under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786); and
(iii) the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
and the school breakfast program under section 4 of the
Child Nutrition Act of 1966 (42 U.S.C. 1773);
(4) develop and carry out a plan to train and designate an
individual who will assist members at military installations on how
and where to refer such members and their dependents for
participation in Federal nutrition assistance programs described in
paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to address
food insecurity and nutrition.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four subsequent
years, the Under Secretary of Defense for Personnel & Readiness shall
submit to the congressional defense committees, the Committees on
Agriculture and Education and Labor of the House of Representatives,
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate, a report including the following:
(1) The number of members of the Armed Forces serving on active
duty and their dependents who are food insecure.
(2) The number of such members and their dependents who use the
Federal nutrition assistance programs described in subsection
(a)(3).
(3) The number of such members and their dependents described
in subsection (a)(3).
(4) The status of implementation of the plan under subsection
(a)(5).
Subtitle F--Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION IN COMMISSARIES AND EXCHANGES.
(a) Prohibition.--Subchapter III of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous
Region prohibited
``(a) Prohibition.--The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of any
good, ware, article, or merchandise--
``(1) containing any product mined, produced, or manufactured,
wholly or in part, by forced labor from the XUAR; or
``(2) from an entity that has used labor from within or
transferred from XUAR as part of a `poverty alleviation' or
`pairing assistance' program.
``(b) Definitions.--In this section:
``(1) The term `forced labor' means any work or service that is
exacted from any person under the menace of any penalty for
nonperformance and that the worker does not offer to perform.
``(2) The term `XUAR' means the Xinjiang Uyghur Autonomous
Region of the People's Republic of China.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region
prohibited.''.
Subtitle G--Miscellaneous Studies, Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.
(a) In General.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center to conduct research and analysis on the value of
basic pay for members of the Armed Forces. The Secretary may include
such research and analysis in the next quadrennial review of military
compensation.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include the following:
(1) An assessment of the model used to determine the basic pay
in the current basic pay tables, including--
(A) an analysis of whether to update the current model to
meet the needs of the 2023 employment market;
(B) a historical understanding of when the current model
was established and how frequently it has been during the last
10 years;
(C) an understanding of the assumptions on which the model
is based and how such assumptions are validated;
(D) an analysis of time-in-grade requirements and how they
may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay tables
to consider higher rates of pay for specialties the Secretary
determines are in critical need of personnel.
(3) An analysis of--
(A) how basic pay has compared with civilian pay since the
70th percentile benchmark for basic pay was established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether--
(A) to adjust the annual increase in basic pay, currently
guided by changes in the Employment Cost Index as a measure of
the growth in private-sector employment costs; or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) Legislative and policy recommendations regarding basic pay
table based on analyses and assessments under paragraphs (1)
through (4).
(c) Briefings and Progress Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional committees
an interim briefing on the elements described in subsection (b).
(2) Progress report.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a progress report on the study
under this section.
(3) Final briefing.--Not later than two years after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a final briefing on the study
under this section.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.
(a) Report; Elements.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of the department in which the Coast Guard is
operating, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on BAH. Such report shall
contain the following elements:
(1) The evaluation of the Secretary--
(A) of the efficiency and accuracy of the current system
used to calculate BAH;
(B) the appropriateness of using mean and median housing
costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing profiles
in relation to the average family sizes of servicemembers,
disaggregated by uniformed service, rank, and MHA;
(E) of the flexibility of BAH to respond to changes in real
estate markets; and
(F) of residential real estate processes to determine
rental rates.
(2) The recommendation of the Secretary--
(A) regarding the feasibility of including information,
furnished by Federal entities, regarding school districts, in
calculating BAH;
(B) whether to calculate BAH more frequently, including in
response to a sudden change in the housing market;
(C) whether to enter into an agreement with a covered
entity, to compile data and develop an enterprise grade,
objective, data-driven algorithm to calculate BAH;
(D) whether to publish the methods used by the Secretary to
calculate BAH on a publicly accessible website of the
Department of Defense; and
(E) whether BAH calculations appropriately account for
increased housing costs associated with Coast Guard facilities.
(b) Definitions.--In this section:
(1) The term ``BAH'' means the basic allowance for housing for
members of the uniformed services under section 403 of title 37,
United States Code.
(2) The term ``covered entity'' means a nationally recognized
entity in the field of commercial real estate that has data on
local rental rates in real estate markets across the United States.
(3) The term ``MHA'' means military housing area.
(4) The term ``servicemember'' has the meaning given such term
in section 101 of the Servicemembers Civil Relief Act (50 U.S.C.
3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report--
(1) reviewing the adequacy of the amounts of dislocation and
relocation allowances paid under section 452 of title 37, United
States Code, to members of the covered Armed Forces, in connection
with changes in such members' temporary or permanent duty
assignment locations, taking into consideration the rising costs of
moving, challenges in the housing market, and other expenses
incurred by such members;
(2) assessing the effects of delays in the issuance of orders
relating to changes to temporary or permanent duty assignment
locations on the timing of dislocation and relocation allowances
paid to members of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying
dislocation or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit to another
with no change of permanent duty station when the units are within
the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
(b) Covered Armed Forces Defined.--In this section, the term
``covered Armed Forces'' means the Army, Navy, Marine Corps, Air Force,
and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.
(a) Briefing.--Not later than six months after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a briefing regarding the feasibility and advisability of establishing
complex overhaul pay.
(b) Complex Overhaul Pay Defined.--In this section, the term
``complex overhaul pay'' means a special monthly pay--
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to a naval
vessel undergoing nuclear refueling or defueling, and any
concurrent complex overhaul;
(3) in addition to any other pay or allowance to which a member
is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.
(a) In General.--
(1) Studies required.--The Secretary of Defense shall, for each
geographic area in which the Secretary of a military department
operates a military child development center, conduct a study--
(A) comparing the total compensation, including all pay and
benefits, of child care employees of each military child
development center in the geographic area to the total
compensation of similarly credentialed employees in such
geographic area; and
(B) estimating the difference in average pay and the
difference in average benefits between such child care
employees.
(2) Schedule.--The Secretary of Defense shall complete the
studies required under paragraph (1)--
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child care
services at military child development centers, not later than
one year after the date of the enactment of this Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years after
the date of the enactment of this Act.
(3) Reports.--
(A) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report summarizing the results of
the studies required under paragraph (1) that have been
completed as of the date of the submission of such report.
(B) Final report.--Not later than 120 days after the
completion of all the studies required under paragraph (1), the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report summarizing
the results of such studies.
(b) Definitions.--In this section:
(1) The term ``benefits'' includes--
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition reimbursement and
student loan repayment; and
(D) any other compensation an employer provides to an
employee for service performed as an employee (other than pay),
as determined appropriate by the Secretary of Defense.
(2) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in section
1800 of title 10, United States Code.
(3) The term ``pay'' includes the basic rate of pay of an
employee and any additional payments an employer pays to an
employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE ARMED
FORCES: STUDY; REPORT.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center or
non-profit entity to conduct a study on the unique barriers to home
ownership for members of the Armed Forces.
(b) Report.--At the conclusion of the study under subsection (a),
the Secretary shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report containing the results of
such study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following
required training or other duty to respond to a national
emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE
Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services
for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review
process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and
dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and
oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE
program and relationship to certain mental health parity laws.
Subtitle B--Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in
requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health
system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve
medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of
services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to
civilians for care provided at military medical treatment
facilities.
Sec. 717. Authority to carry out studies and demonstration projects
relating to delivery of health and medical care through use of
other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals
providing services as part of mission relating to emergency,
humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid
management in the military health system.
Sec. 720. Modification of requirement to transfer research and
development and public health functions to Defense Health
Agency.
Sec. 721. Access to certain dependent medical records by remarried
former spouses.
Sec. 722. Authority for Department of Defense program to promote early
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 Medical Logistics Directorate and Military Health
System Education and Training Directorate.
Subtitle C--Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive
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 individuals 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: certification 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 violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the
Armed Forces.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.
(a) In General.--Section 1076a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``The plans'' and inserting the following:
``(1) In general.--The plans''; and
(B) by adding at the end the following new paragraph:
``(2) Premium sharing plans.--Effective as of January 1, 2026,
the regulations prescribed pursuant to paragraph (1) shall include,
with respect to premium sharing plans referred to in subsection
(d)(1), the following elements:
``(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.
``(B) Such plans shall include the following three
enrollment options:
``(i) Self.
``(ii) Self plus one.
``(iii) Family.
``(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be offered
options to enroll in plans of not fewer than two and not more
than four dental insurance carriers.
``(D) To the extent practicable, each carrier described in
subparagraph (C)--
``(i) shall manage dental care delivery matters,
including claims adjudication (with required electronic
submission of claims), coordination of benefits, covered
services, enrollment verification, and provider networks;
``(ii) shall, in addition to offering a standard option
plan, offer a non-standard option plan;
``(iii) may offer a non-standard option plan managed as
a dental health maintenance organization plan;
``(iv) shall establish and operate dental provider
networks that provide--
``(I) accessible care with a prevention or wellness
focus;
``(II) continuity of care;
``(III) coordinated care (including appropriate
dental and medical referrals);
``(IV) patient-centered care (including effective
communications, individualized care, and shared
decision-making); and
``(V) high-quality, safe care;
``(v) shall develop and implement adult and pediatric
dental quality measures, including effective measurements
for--
``(I) access to care;
``(II) continuity of care;
``(III) cost;
``(IV) adverse patient events;
``(V) oral health outcomes; and
``(VI) patient experience; and
``(vi) may conduct in the provider networks established
and operated by the carrier under clause (iv), to the
extent practicable, pilot programs on the development of a
model of care based on the model of care commonly referred
to as patient-centered dental homes.'';
(2) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``The member's'' and
inserting ``During the period preceding January 1, 2026, the
member's'';
(B) in subparagraph (C), by striking ``of each year,'' and
inserting ``of each year during the period preceding January 1,
2026,'';
(C) in subparagraph (D), by striking ``The Secretary of
Defense'' and inserting ``During the period preceding January
1, 2026, the Secretary of Defense''; and
(D) by adding at the end the following new subparagraphs:
``(E) Beginning on January 1, 2026, the amount of the premium
required under subparagraph (A)--
``(i) for standard option plans, shall be established by
the Secretary annually such that in the aggregate (taking into
account the adjustments under subparagraph (F) and subsection
(e)(3), the Secretary's share of each premium is 60 percent of
the premium for each enrollment category (self, self plus one,
and family, respectively) of each standard option plan; and
``(ii) for non-standard option plans, shall be equal to the
amount determined under clause (i) plus 100 percent of the
additional premium amount applicable to such non-standard
option plan.
``(F) Beginning on January 1, 2026, the Secretary of Defense
shall reduce the monthly premium required to be paid under
paragraph (1) in the case of enlisted members in pay grade E-1, E-
2, E-3, or E-4.'';
(3) in subsection (e), by adding at the end the following new
paragraph:
``(3) Beginning on January 1, 2026, the Secretary of Defense shall
reduce copayments required to be paid under paragraph (1) in the case
of enlisted members in pay grade E-1, E-2, E-3, or E-4.'';
(4) in subsection (j), by striking ``The Secretary of Defense
may not reduce benefits provided under a plan established under
this section until'' and inserting ``During the period preceding
January 1, 2026, the Secretary of Defense may not reduce benefits
provided under a plan established under this section, and on or
after January 1, 2026, the Secretary may not reduce benefits
provided under a standard option plan under this section, until'';
and
(5) by adding at the end the following new subsection:
``(l) Definitions.--In this section:
``(1) The term `non-standard option plan' means a high option
dental insurance plan that includes covered services in addition
to, or provides greater coverage with respect to, services covered
under a standard option plan.
``(2) The term `standard option plan' means a dental insurance
plan that provides for the coverage of preventive services, basic
restorative services, and specialty dental care services at a level
that is at least commensurate with the coverage of the same
services provided under the premium sharing plans under this
section during the period preceding January 1, 2026.''.
(b) Rulemaking.--Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by subsection
(a), the Secretary of Defense shall--
(1) not later than January 1, 2025, prescribe an interim final
rule to carry out the amendments made by subsection (a); and
(2) after prescribing the interim final rule under subparagraph
(A) and considering public comments with respect to such interim
final rule, prescribe a final rule, effective on January 1, 2026,
to carry out such amendments.
(c) Briefings.--Not later than January 1 of each of 2024, 2025, and
2026, the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing on
the status of the implementation of the amendments made by subsection
(a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO RESPOND TO A
NATIONAL EMERGENCY.
(a) Transitional Health Care.--Subsection (a)(2) of section 1145 of
title 10, United States Code, is amended by adding at the end the
following new subparagraph:
``(G) A member of the National Guard who is separated from
full-time National Guard Duty to which called or ordered under
section 502(f) of title 32 for a period of active service of more
than 30 days to perform duties that are authorized by the President
or the Secretary of Defense for the purpose of responding to a
national emergency declared by Congress or the President and
supported by Federal funds.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``active duty'' and inserting ``active
service'';
(B) in paragraph (3), by striking ``paragraph (2)(B)'' and
inserting ``subparagraph (B) or (G) of paragraph (2)'';
(C) in paragraph (4)--
(i) by striking ``active duty'' each place it appears
and inserting ``active service''; and
(ii) in the second sentence, by striking ``or (D)'' and
inserting ``(D), or (G)'';
(D) in paragraph (5), in subparagraphs (A) and (B), by
striking ``active duty'' each place it appears and inserting
``active service''; and
(E) in paragraph (7)(A)--
(i) by striking ``service on active duty'' and
inserting ``active service''; and
(ii) by striking ``active duty for'' and inserting
``active service for'';
(2) in subsection (b)(1), by striking ``active duty'' and
inserting ``active service''; and
(3) in subsection (d)(1)(A), by striking ``active duty'' and
inserting ``active service''.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE
PRIME DURING PERMANENT CHANGES OF STATION.
(a) In General.--Section 714 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
1095f note) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Improvement of Specialty Care Referrals During Permanent
Changes of Station.--In conducting evaluations and improvements under
subsection (d) to the referral process described in subsection (a), the
Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are
undergoing a permanent change of station receive referrals from their
primary care manager to such specialty care providers in the new
location as the beneficiary may need before undergoing the permanent
change of station.''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the contractual and technical barriers
preventing record sharing between civilian provider networks under the
TRICARE program that lead to increased wait times for care for members
of the Armed Forces and the dependents thereof undergoing permanent
changes of station across provider network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE
SERVICES FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--In order to reinforce the policies of eliminating
stigma in obtaining mental health care services and further encouraging
help-seeking behavior by members of the Armed Forces, not later than
July 1, 2023, the Secretary of Defense shall--
(1) update and reissue Department of Defense Instruction
6490.08, titled ``Command Notification Requirements to Dispel
Stigma in Providing Mental Health Care to Service Members'' and
issued on August 17, 2011, taking into account--
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage help-
seeking behavior; and
(2) develop standards within the Department of Defense that--
(A) ensure, except in a case in which there is an exigent
circumstance, the confidentiality of mental health care
services provided to members who voluntarily seek such
services;
(B) include a model for making determinations with respect
to exigent circumstances that clarifies the responsibilities
regarding the determination of the effect on military function
and the prevention of self-harm by the individual; and
(C) in a case in which there is an exigent circumstance,
prevent health care providers from disclosing more than the
minimum amount of information necessary to address the exigent
circumstance.
(b) Elements.--The standards required by subsection (a)(2) shall
include the following elements:
(1) Requirements for confidentiality regarding the request and
receipt by a member of the Armed Forces of mental health care
services under the self-initiated referral process under section
1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results of
any drug testing incident to such mental health care services.
(3) Procedures that reflect best practices of the mental health
profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member of the
Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will most
effectively support the policies of--
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of the
Armed Forces.
(c) Joint Policy With the Secretary of Veterans Affairs.--
(1) In general.--Not later than July 1, 2023, the Secretary of
Defense and the Secretary of Veterans Affairs shall issue a joint
policy that provides, except in a case in which there is an exigent
circumstance, for the confidentiality of mental health care
services provided by the Secretary of Veterans Affairs to members
of the Armed Forces, including the reserve components, under
section 1712A, 1720F, 1720H, or 1789 of title 38, United States
Code, or other applicable law.
(2) Elements.--The joint policy issued under paragraph (1)
shall, to the extent practicable, include standards comparable to
the standards developed under subsection (a)(2).
(d) Report.--Not later than July 1, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a copy of the standards developed under
subsection (a)(2) and the joint policy issued under subsection (c).
(e) Exigent Circumstance Defined.--In this section, the term
``exigent circumstance'' means a circumstance in which the Secretary of
Defense determines the need to prevent serious harm to an individual or
essential military function clearly outweighs the need for
confidentiality of information obtained by a health care provider
incident to mental health care services voluntarily sought by a member
of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS LISTED
IN TRICARE DIRECTORY.
(a) Audit Required.--The Comptroller General of the United States
shall conduct an audit of the behavioral health care providers listed
in the TRICARE directory.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the findings of the audit under subsection (a). Such
report shall include the following:
(1) An identification of the following, disaggregated by
provider specialty and TRICARE provider network region:
(A) The number of such behavioral health care providers
with respect to which there are duplicate listings in the
TRICARE directory.
(B) The number of such behavioral health care providers
that, as of the commencement of the audit, were listed in the
TRICARE directory as available and accepting new TRICARE
patients.
(C) The number of such behavioral health care providers
that, as a result of the audit, the Comptroller General
determines are no longer available or accepting new TRICARE
patients.
(D) The number of such behavioral health care providers
that were not previously listed in the TRICARE directory as
available and accepting new TRICARE patients but that, as a
result of the audit, the Comptroller General determines are so
available and accepting.
(E) The number of behavioral health care providers listed
in the TRICARE directory that are no longer practicing.
(F) The number of behavioral health care providers that, in
conducting the audit, the Comptroller General could not reach
for purposes of verifying information relating to availability
or status.
(2) An identification of the number of TRICARE beneficiaries in
each TRICARE region, disaggregated by beneficiary category.
(3) A description of the methods by which the Secretary of
Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care providers
listed therein.
(B) The adequacy of behavioral health care providers under
the TRICARE program.
(4) A description of the efforts of the Secretary of Defense to
recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based on the
findings of the audit, on how to improve the availability of
behavioral health care providers that are network providers under
the TRICARE program, including through the inclusion of specific
requirements in the next generation of TRICARE contracts.
(c) Definitions.--In this section:
(1) The term ``TRICARE directory'' means the directory of
network providers under the TRICARE program.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY REVIEW
PROCESS UNDER DIRECT CARE COMPONENT OF TRICARE PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the federally funded research and development center to
carry out the activities described in subsections (b) and (c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) Analysis by FFRDC.--
(1) Analysis.--Under an agreement between the Secretary and a
federally funded research and development center entered into
pursuant to subsection (a), the federally funded research and
development center shall conduct an analysis of the quality and
patient safety review process for health care provided under the
direct care component of the TRICARE program and develop
recommendations for the Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include, with respect to the
direct care component of the TRICARE program, an assessment of the
following:
(A) The procedures under such component regarding
credentialing and privileging for health care providers (and an
assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such component for
health care providers who are found to have not met a required
standard of care.
(D) The transparency activities carried out under such
component, including an assessment of the publication of
clinical quality metrics (at the level of military medical
treatment facilities and other operational medical units of the
Department of Defense), and a comparison with similar metrics
for non-Department health care entities.
(E) The standardization activities carried under such
component, including activities aimed at eliminating
unwarranted variation in clinical quality metrics at the level
of military medical treatment facilities and other operational
medical units of the Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134
Stat. 3708; 10 U.S.C. 1071 note), including with respect to
health care delivery on ships and planes, in deployed settings,
and in all other circumstances outside of military medical
treatment facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical quality
management functions under such component, including the
Assistant Secretary of Defense for Health Affairs, the Director
of the Defense Health Agency, and the Surgeons General of the
Army, Navy, and Air Force, each of whom shall conduct and
submit to the federally funded research and development center
an internal assessment of the respective entity regarding each
element set forth under this paragraph.
(3) Information access and privacy.--
(A) Access to records.--Notwithstanding section 1102 of
title 10, United States Code, the Secretary shall provide the
federally funded research and development center with access to
such records of the Department of Defense as the Secretary may
determine necessary for purposes of the federally funded
research and development center conducting the analysis and
developing the recommendations under paragraph (1).
(B) Privacy of information.--In conducting the analysis and
developing the recommendations under paragraph (1), the
federally funded research and development center--
(i) shall maintain any personally identifiable
information in records accessed by the federally funded
research and development center pursuant to subparagraph
(A) in accordance with applicable laws, protections, and
best practices regarding the privacy of information; and
(ii) may not permit access to such information by any
individual or entity not engaged in conducting such
analysis or developing such recommendations.
(c) Briefing and Reports.--
(1) Interim briefing.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate an interim briefing on--
(A) the selection of a federally funded research and
development center with which the Secretary shall seek to enter
into an agreement with under subsection (a);
(B) any related guidance issued by the Secretary; and
(C) the methodology for conducting the study to be used by
such federally funded research and development center.
(2) Report to secretary.--Under an agreement entered into
between the Secretary and a federally funded research and
development center under subsection (a), the federally funded
research and development center, not later than one year after the
date of the execution of the agreement, shall submit to the
Secretary a report on the findings of the federally funded research
and development center with respect to the analysis conducted and
recommendations developed under subsection (b).
(3) Report to congress.--Not later than 120 days after the date
on which the Secretary receives the report of the federally funded
research and development center under paragraph (1), the Secretary
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate such report, along with an
assessment by the Secretary of the analysis, findings, and
recommendations contained therein and the plan of the Secretary for
strengthening clinical quality management in the military health
system.
(4) Publication.--The Secretary shall make the report under
paragraph (2) available on a public website in unclassified form.
(d) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given such term in section 1072 of title 10,
United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT
AND TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE AND
DEPENDENTS THEREOF.
(a) Study.--The Secretary of Defense may conduct a study on the
feasibility, potential cost effects to the budget of the Department of
Defense, changes in out-of-pocket costs to beneficiaries, and effects
on other Federal programs of expanding eligibility for TRICARE Reserve
Select and the TRICARE dental program to include all members of the
Selected Reserve of the Ready Reserve of a reserve component of the
Armed Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(b) Specifications.--If the Secretary conducts the study under
subsection (a), the Secretary shall include in the study an assessment
of the following:
(1) Cost-shifting to the Department of Defense to support the
expansion of TRICARE Reserve Select and the TRICARE dental program
from--
(A) health benefit plans under chapter 89 of title 5,
United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange; and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll in
TRICARE Reserve Select and the TRICARE dental program members of
the Selected Reserve of the Ready Reserve of a reserve component of
the Armed Forces who were previously uninsured.
(3) The resources needed to implement TRICARE Reserve Select
and the TRICARE dental program for all such members, the dependents
thereof, and the non-dependent children thereof under the age of
26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program with regard
to increased training days performed in support of mass medical
events during battle assemblies of the reserve components,
including an assessment of the impact of such expansion on--
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve components to
backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expansion.
(5) Any effect of such expansion on recruitment and retention
of members of the Armed Forces, including members of the Ready
Reserve of the reserve components of the Armed Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of Defense.
(c) Determination of Cost Effects.--If the Secretary conducts the
study under subsection (a), the Secretary shall include in such study
an assessment of the potential cost effects to the budget of the
Department of Defense for scenarios of expanded eligibility for TRICARE
Reserve Select and the TRICARE dental program as follows:
(1) Premium free for members of the Selected Reserve of the
Ready Reserve of a reserve component of the Armed Forces, the
dependents thereof, and the non-dependent children thereof under
the age of 26.
(2) Premium free for such members and subsidized premiums for
such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents, and non-
dependent children.
(d) Use of a Federally Funded Research and Development Center.--The
Secretary may enter into a contract with a federally funded research
and development center the Secretary determines is qualified and
appropriate to conduct the study under subsection (a).
(e) Briefing; Report.--
(1) Briefing.--If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the methodology and approach of the
study.
(2) Report.--If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the results of the study.
(f) Definitions.--In this section:
(1) The term ``TRICARE dental program'' means dental benefits
under section 1076a of title 10, United States Code.
(2) The term ``TRICARE Reserve Select'' means health benefits
under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE
PROGRAM AND OVERSIGHT OF SUCH CONTRACTS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE program
and the oversight provided by the Director of the Defense Health Agency
with respect to such contracts.
(b) Matters.--The study under subsection (a) shall include an
assessment of the following:
(1) TRICARE managed care support contracts.--With respect to
TRICARE managed care support contracts (including the TRICARE
managed care support contract for which the Director of the Defense
Health Agency published a request for proposals on April 15, 2021,
commonly referred to as ``T-5''), the process used in awarding such
contracts.
(2) Other contracts.--With respect to each contract relating to
the TRICARE program other than a contract specified in paragraph
(1) entered into by the Director of the Defense Health Agency
during the period beginning on October 1, 2017, and ending on
September 30, 2022, where the value of such contract is greater
than $500,000,000, the following:
(A) The total number of such contracts, disaggregated by
fiscal year, contract type, type of product or service
procured, and total expenditure under each such contract by
fiscal year.
(B) The total number of bid protests filed with respect to
such contracts, and the outcome of such protests.
(C) The total number of such contracts awarded through
means other than full and open competition.
(3) Defense health agency contract oversight.--With respect to
the period beginning on October 1, 2017, and ending on September
30, 2022, the following:
(A) The staff of the Defense Health Agency responsible for
performing oversight of the contracts specified in paragraphs
(1) and (2), including the following:
(i) The number of such staff.
(ii) Any professional training requirements for such
staff.
(iii) Any acquisition certifications or accreditations
held by such staff.
(B) Any office or other element of the Defense Health
Agency responsible for contract award, administration, or
oversight with respect to the TRICARE program, including the
organizational structure, responsibilities, authorities, and
key roles of each such office or element.
(C) The process used by the Director of the Defense Health
Agency for determining staffing needs and competencies relating
to contract award, administration, or oversight with respect to
the TRICARE program.
(c) Interim Briefing; Report.--
(1) Interim briefing.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall provide
to the Committees on Armed Services of the House of Representatives
and the Senate an interim briefing on the study under subsection
(a).
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report containing the results of the study under
subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES UNDER
TRICARE PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY
LAWS.
(a) Study and Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a study to describe--
(A) coverage of mental health services under the TRICARE
program;
(B) any limits on such coverage that are not also imposed
on health services other than mental health services under the
TRICARE program; and
(C) the efforts of the Department of Defense to align
coverage of mental health services under the TRICARE program
with coverage requirements under mental health parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings concerning
the Coast Guard when it is not operating as a service in the
Department of the Navy), the Secretary of Homeland Security, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the findings of
such study.
(b) Definitions.--In this section:
(1) The term ``mental health parity laws'' means--
(A) section 2726 of the Public Health Service Act (42
U.S.C. 300gg-26);
(B) section 712 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of 1986 (26
U.S.C. 9812); or
(D) any other Federal law that applies the requirements
under any of the sections described in subparagraph (A), (B),
or (C), or requirements that are substantially similar to those
provided under any such section, as determined by the
Comptroller General.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of title 10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY
EVALUATION.
(a) Policy.--Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall
establish a policy to ensure accountability for actions taken under the
authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the Armed
Forces during the integrated disability evaluation system process. Such
policy shall include the following:
(1) A restatement of the requirement that, in accordance with
section 1216(b) of title 10, United States Code, a determination of
fitness for duty of a member of the Armed Forces under chapter 61
of title 10, United States Code, is the responsibility of the
Secretary concerned.
(2) A description of the role of the Director of the Defense
Health Agency in supporting the Secretaries concerned in carrying
out determinations of fitness for duty as specified in paragraph
(1).
(3) A description of how the medical evaluation board processes
of the Armed Forces are integrated with the Defense Health Agency,
including with respect to case management, appointments, and other
relevant matters.
(4) A requirement that, in determining fitness for duty of a
member of the Armed Forces under chapter 61 of title 10, United
States Code, the Secretary concerned shall consider the results of
any medical evaluation of the member provided under the authority
of the Defense Health Agency pursuant to section 1073c of title 10,
United States Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the Armed
Forces, including an identification of each applicable regulation
or policy to which the Director is required to so adhere.
(6) An assessment of the feasibility of affording various
additional due process protections to members of the Armed Forces
undergoing the medical evaluation board process.
(7) A restatement of the requirement that wounded, ill, and
injured members of the Armed Forces may not be denied any due
process protection afforded under applicable law or regulation of
the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) Clarification of Responsibilities Regarding Medical Evaluation
Boards.--Section 1073c of title 10, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Rule of Construction Regarding Secretaries Concerned and
Medical Evaluation Boards.--Nothing in this section shall be construed
as transferring to the Director of the Defense Health Agency, or
otherwise revoking, any authority or responsibility of the Secretary
concerned under chapter 61 of this title with respect to a member of
the armed forces (including with respect to the administration of
morale and welfare and the determination of fitness for duty for the
member) while the member is being considered by a medical evaluation
board.''.
(c) Briefing.--Not later than February 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the status of the
implementation of subsections (a) and (b).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the implementation of subsections (a) and (b),
lessons learned as a result of such implementation, and the
recommendations of the Secretary relating to the policy on wounded,
ill, and injured members of the Armed Forces undergoing the integrated
disability evaluation system process.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN
REQUIREMENTS FOR MEDICAL CENTERS.
Section 1073d(b)(3) of title 10, United States Code, is amended by
striking ``or level two'' and inserting ``, level two, or level
three''.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY
HEALTH SYSTEM.
(a) Centers of Excellence.--Section 1073d(b)(4) of title 10, United
States Code, is amended to read as follows:
``(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of
specialty care services in the areas of specialty care described in
subparagraph (D). A major medical center may be designated as a center
of excellence under this subparagraph for more than one such area of
specialty care.
``(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
``(i) Post-traumatic stress.
``(ii) Traumatic brain injury.
``(iii) Such other conditions as the Secretary determines
appropriate.
``(C) Centers of excellence designated under this paragraph shall
serve the purposes of--
``(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
``(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
``(iii) improving health outcomes for eligible beneficiaries.
``(D) The areas of specialty care described in this subparagraph
are as follows:
``(i) Oncology.
``(ii) Burn injuries and wound care.
``(iii) Rehabilitation medicine.
``(iv) Psychological health and traumatic brain injury.
``(v) Amputations and prosthetics.
``(vi) Neurosurgery.
``(vii) Orthopedic care.
``(viii) Substance abuse.
``(ix) Infectious diseases and preventive medicine.
``(x) Cardiothoracic surgery.
``(xi) Such other areas of specialty care as the Secretary
determines appropriate.
``(E)(i) Centers of excellence designated under this paragraph
shall be the primary source within the military health system for the
receipt by eligible beneficiaries of specialty care.
``(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center of
excellence designated under subparagraph (A) for that area of specialty
care or, if the specialty care service sought is unavailable at such
center, to an appropriate specialty care provider in the private
sector.
``(F) Not later than 90 days prior to the designation of a center
of excellence under this paragraph, the Secretary shall notify the
Committees on Armed Services of the House of Representatives and the
Senate of such designation.
``(G) In this paragraph, the term `eligible beneficiary' means any
beneficiary under this chapter.''.
(b) Deadline.--The Secretary of Defense shall designate certain
major medical centers as regional centers of excellence in accordance
with section 1073d(b)(4)(A) of title 10, United States Code, as added
by subsection (a), by not later than one year after the date of the
enactment of this Act.
(c) Report.--
(1) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report that sets forth the plan of the Department of
Defense to designate centers of excellence under section
1073d(b)(4) of title 10, United States Code, as added by subsection
(a).
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A list of the centers of excellence to be designated
under such section 1073d(b)(4) and the locations of such
centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each such
center.
(C) A description of how each such center shall improve--
(i) the military medical force readiness of the
Department and the medical readiness of the Armed Forces;
(ii) the quality of care received by eligible
beneficiaries; and
(iii) the health outcomes of eligible beneficiaries.
(D) A comprehensive plan for the referral of eligible
beneficiaries for specialty care services at centers of
excellence designated under such section 1073d(b)(4) and
appropriate specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries with travel and
lodging, if necessary, in connection with the receipt of
specialty care services at centers of excellence designated
under such section 1073d(b)(4) or appropriate specialty care
providers in the private sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence designated under such
section 1073d(b)(4), in a number as determined by the Secretary
to be required to provide specialty care services to eligible
beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary
satisfaction, experience of care, and clinical outcomes to
understand better the impact of such centers on the health care
of eligible beneficiaries.
(d) Eligible Beneficiary Defined.--In this section, the term
``eligible beneficiary'' means any beneficiary under chapter 55 of
title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES TO
IMPROVE MEDICAL FORCE READINESS.
(a) In General.--Section 1073d(b) of title 10, United States Code,
as amended by section 713, is further amended by adding at the end the
following new paragraph:
``(5)(A) The Secretary of Defense shall designate and maintain
certain military medical treatment facilities as core casualty
receiving facilities, to ensure the medical capability and capacity
required to diagnose, treat, and rehabilitate large volumes of combat
casualties and, as may be directed by the President or the Secretary,
provide a medical response to events the President determines or
declares as natural disasters, mass casualty events, or other national
emergencies.
``(B) The Secretary shall ensure that the military medical
treatment facilities selected for designation pursuant to subparagraph
(A) are geographically located to facilitate the aeromedical evacuation
of casualties from theaters of operations.
``(C) The Secretary--
``(i) shall ensure that the Secretaries of the military
departments assign military personnel to core casualty receiving
facilities designated under subparagraph (A) at not less than 90
percent of the staffing level required to maintain the operating
bed capacity necessary to support operation planning requirements;
``(ii) may augment the staffing of military personnel at core
casualty receiving facilities under subparagraph (A) with civilian
employees of the Department of Defense to fulfil the staffing
requirement under clause (i); and
``(iii) shall ensure that each core casualty receiving facility
under subparagraph (A) is staffed with a civilian Chief Financial
Officer and a civilian Chief Operating Officer with experience in
the management of civilian hospital systems, for the purpose of
ensuring continuity in the management of the facility.
``(D) In this paragraph:
``(i) The term `core casualty receiving facility' means a Role
4 medical treatment facility that serves as a medical hub for the
receipt and treatment of casualties, including civilian casualties,
that may result from combat or from an event the President
determines or declares as a natural disaster, mass casualty event,
or other national emergency.
``(ii) The term `Role 4 medical treatment facility' means a
medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.''.
(b) Timeline for Establishment.--
(1) Designation.--Not later than October 1, 2024, the Secretary
of Defense shall designate four military medical treatment
facilities as core casualty receiving facilities under section
1073d(b)(5) of title 10, United States Code (as added by subsection
(a)).
(2) Operational.--Not later than October 1, 2025, the Secretary
shall ensure that each such designated military medical treatment
facility is fully staffed and operational as a core casualty
receiving facility, in accordance with the requirements of such
section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY SCOPE OF
SERVICES PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.
Section 1073d of title 10, United States Code, as amended by
section 714, is further amended by adding at the end the following new
subsection:
``(f) Notification Required to Modify Scope of Services Provided at
Military Medical Treatment Facilities.--(1) The Secretary of Defense
may not modify the scope of medical care provided at a military medical
treatment facility, or the beneficiary population served at the
facility, unless--
``(A) the Secretary submits to the Committees on Armed Services
of the House of Representatives and the Senate a notification of
the proposed modification in scope;
``(B) a period of 180 days has elapsed following the date on
which the Secretary submits such notification; and
``(C) if the proposed modification in scope involves the
termination or reduction of inpatient capabilities at a military
medical treatment facility located outside the United States, the
Secretary has provided to each member of the armed forces or
covered beneficiary receiving services at such facility a
transition plan for the continuity of health care for such member
or covered beneficiary.
``(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modification
in scope would have no impact on the operational plan for such
installation.''.
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL HARM CAUSED
TO CIVILIANS FOR CARE PROVIDED AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Clarification of Fee Waiver Process.--Section 1079b of title
10, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Waiver of Fees.--The Director of the Defense Health Agency
may issue a waiver for a fee that would otherwise be charged under the
procedures implemented under subsection (a) to a civilian provided
medical care who is not a covered beneficiary if the provision of such
care enhances the knowledge, skills, and abilities of health care
providers, as determined by the Director of the Defense Health
Agency.''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modified Payment Plan for Certain Civilians.--Such section is
further amended--
(1) by inserting after subsection (b), as amended by subsection
(a), the following:
``(c) Modified Payment Plan for Certain Civilians.--(1)(A) If a
civilian specified in subsection (a) is covered by a covered payer at
the time care under this section is provided, the civilian shall only
be responsible to pay the standard copays, coinsurance, deductibles, or
nominal fees that are otherwise applicable under the covered payer
plan.
``(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)--
``(i) the Secretary of Defense may bill only the covered payer
for care provided to a civilian described in subparagraph (A); and
``(ii) payment received by the Secretary from the covered payer
of a civilian for care provided under this section that is provided
to the civilian shall be considered payment in full for such care.
``(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be charged to
the civilian under this section according to a sliding fee discount
program, as prescribed by the Director of the Defense Health Agency.
``(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense Health
Agency shall implement an additional catastrophic waiver to prevent
severe financial harm.
``(4) The modified payment plan under this subsection may not be
administered by a Federal agency other than the Department of
Defense.''; and
(2) by adding at the end the following new subsection:
``(e) Definitions.--In this section:
``(1) The term `covered payer' means a third-party payer or
other insurance, medical service, or health plan.
``(2) The terms `third-party payer' and `insurance, medical
service, or health plan' have the meaning given those terms in
section 1095(h) of this title.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to care provided on or after the date that is
180 days after the date of the enactment of this Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS
RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE THROUGH USE OF
OTHER TRANSACTION AUTHORITY.
(a) In General.--Section 1092(b) of title 10, United States Code,
is amended by inserting ``or transactions (other than contracts,
cooperative agreements, and grants)'' after ``contracts''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on how the Secretary intends to use the
authority to enter into transactions under section 1092(b) of title 10,
United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE
PROFESSIONALS PROVIDING SERVICES AS PART OF MISSION RELATING TO
EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.
Section 1094(d)(2) of title 10, United States Code, is amended by
inserting `` contractor not covered under section 1091 of this title
who is providing medical treatment as part of a mission relating to
emergency, humanitarian, or refugee assistance,'' after ``section 1091
of this title,''.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID
MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
Section 716 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is
amended--
(1) in subsection (a)(1), by striking ``Beginning not'' and
inserting ``Except as provided in subsection (e), beginning not'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection (e):
``(e) Alternative Initiative to Improve Opioid Management.--As an
alternative to the pilot program under this section, the Director of
the Defense Health Agency, not later than January 1, 2023--
``(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program; and
``(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services of the
Senate and the House of Representatives the specifications of and
reasons for implementing such program.''.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH AND
DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH AGENCY.
(a) Temporary Retention.--Notwithstanding section 1073c(e) of title
10, United States Code, at the discretion of the Secretary of Defense,
a military department may retain, until not later than February 1,
2024, a covered function if the Secretary of Defense determines the
covered function--
(1) addresses a need that is unique to the military department;
and
(2) is in direct support of operating forces and necessary to
execute strategies relating to national security and defense.
(b) Briefing.--
(1) In general.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on any covered
function that the Secretary has determined should be retained by a
military department pursuant to subsection (a).
(2) Elements.--The briefing required by paragraph (1) shall
address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c of
title 10, United States Code, to authorize the ongoing
retention of covered functions by military departments.
(c) Modification to Names of Public Health Commands.--Section
1073c(e)(2)(B) of title 10, United States Code, is amended by striking
``Army Public Health Command, the Navy-Marine Corps Public Health
Command'' and inserting ``Army Public Health Center, the Navy-Marine
Corps Public Health Center''.
(d) Covered Function Defined.--In this section, the term ``covered
function'' means--
(1) a function relating to research and development that would
otherwise be transferred to the Defense Health Agency Research and
Development pursuant to section 1073c(e)(1) of title 10, United
States Code; or
(2) a function relating to public health that would otherwise
be transferred to the Defense Health Agency Public Health pursuant
to section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY REMARRIED
FORMER SPOUSES.
(a) Access.--The Secretary of Defense may authorize a remarried
former spouse who is a custodial parent of a dependent child to retain
electronic access to the privileged medical records of such dependent
child, notwithstanding that the former spouse is no longer a dependent
under section 1072(2) of title 10, United States Code.
(b) Definitions.--In this section:
(1) The term ``dependent'' has the meaning given that term in
section 1072 of title 10, United States Code.
(2) The term ``dependent child'' means a dependent child of a
remarried former spouse and a member or former member of a
uniformed service.
(3) The term ``remarried former spouse'' means a remarried
former spouse of a member or former member of a uniformed service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO PROMOTE
EARLY LITERACY AMONG CERTAIN YOUNG CHILDREN.
(a) Authority.--The Secretary of Defense may carry out a program to
promote early literacy among young children in child development
centers and libraries located on installations of the Department of
Defense.
(b) Activities.--Activities under the program under subsection (a)
shall include the following:
(1) The provision of training on early literacy promotion to
appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books to
covered caregivers assigned to or serving at an installation of the
Department with a child development center or library at which the
Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines
appropriate.
(c) Locations.--In carrying out the program under subsection (a),
the Secretary may conduct the activities under subsection (b) at any
child development center or library located on an installation of the
Department.
(d) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on the extent to which the authority under subsection (a) is
used, including--
(1) a description of any activities carried out under the
program so authorized; and
(2) an evaluation of the potential expansion of such program to
be included as a part of the pediatric primary care of young
children and to be carried out in military medical treatment
facilities.
(b) Definitions.--In this section:
(1) The term ``covered caregiver'' means a member of the Armed
Forces who is a caregiver of a young child.
(2) The term ``young child'' means any child from birth to the
age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Health Agency, shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a plan
for the conduct of the Accountable Care Organization demonstration,
notice of which was published in the Federal Register on August 16,
2019 (84 Fed. Reg. 41974), (in this section referred to as the
``Demonstration'').
(b) Elements.--The plan under subsection (a) shall include, the
following:
(1) A description of how the Demonstration shall be conducted
to deliver improved health outcomes, improved quality of care, and
lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program that
the Secretary plans to achieve through the Demonstration, with
respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be conducted
to shift financial risk from the Department of Defense to civilian
health care providers.
(4) A description of how investment in the Demonstration shall
serve as a bridge to future competitive demonstrations of the
Department of Defense with accountable care organizations.
(5) A detailed description of the geographic locations at which
the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium payment
processes, submission of qualifying life events changes, and
mailing address changes.
(c) TRICARE Program Defined.--In this section, the term ``TRICARE
program'' has the meaning given that term in section 1072 of title 10,
United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY
HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE AND MILITARY HEALTH
SYSTEM EDUCATION AND TRAINING DIRECTORATE.
(a) Study and Plan.--The Secretary of Defense, in consultation with
the Secretaries of the military departments and the Joint Chiefs of
Staff, shall--
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate organizations,
to be known as the Military Health System Medical Logistics
Directorate and the Military Health System Education and Training
Directorate, respectively; and
(2) develop a plan for such establishment.
(b) Elements.--The plan under subsection (a)(2) shall include the
following:
(1) Military health system medical logistics directorate.--With
respect to the Military Health System Medical Logistics
Directorate, the following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations of the military departments that provide
operational theater medical materiel support.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of how the head of the medical research
and development organization within the Defense Health Agency
shall coordinate with the Directorate.
(E) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint Staff.
(F) A description of any additional funding required to
establish the Directorate.
(G) A description of any additional legislative authorities
required to establish the Directorate, including any such
authorities required for the leadership and direction of the
Directorate.
(H) A description of any military department-specific
capabilities, requirements, or best practices relating to
medical logistics necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(2) Military health system education and training
directorate.--With respect to the Military Health System Education
and Training Directorate, the following:
(A) A description of the organizational structure of the
Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations that provide relevant medical education and
training, such as the following:
(i) The Uniformed Services University of the Health
Sciences.
(ii) The College of Allied Health Sciences of the
Uniformed Services University of the Health Sciences.
(iii) The Medical Education and Training Campus of the
Department of Defense.
(iv) The medical education and training commands and
organizations of the military departments.
(v) The medical training programs of the military
departments affiliated with civilian academic institutions.
(B) A description of the resourcing by the Secretary of the
executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of the ability of the Directorate to
address the medical education and training requirements of the
military departments.
(E) A description of any additional funding required for
the establishment the Directorate.
(F) A description of any additional legislative authorities
required for the establishment of the Directorate, including
any such authorities required for the leadership and direction
of the Directorate.
(G) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate--
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).
Subtitle C--Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT OF
MILITARY MEDICAL MANNING AND MEDICAL BILLETS.
Section 731(a)(2)(A) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1796) is amended to read
as follows:
``(A) Briefing; report.--The Comptroller General of the
United States shall--
``(i) not later than February 1, 2023, provide to the
Committees on Armed Services of the House of
Representatives and the Senate a briefing on preliminary
observations regarding the analyses used to support any
reduction or realignment of military medical manning,
including any reduction or realignment of medical billets
of the military departments; and
``(ii) not later than May 31, 2023, submit to the
Committees on Armed Services of the House of
Representatives and the Senate a report on such
analyses.''.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM.
Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by inserting ``broadly'' after ``disorder''; and
(ii) by striking ``demonstration project'' and
inserting ``demonstration program'';
(B) in subparagraph (B), by striking ``demonstration
project'' and inserting ``demonstration program'';
(C) in subparagraph (C), by inserting ``parental
involvement in applied behavioral analysis treatment, and''
after ``including'';
(D) in subparagraph (D), by striking ``for an individual
who has'' and inserting ``, including mental health outcomes,
for individuals who have'';
(E) in subparagraph (E), by inserting ``since its
inception'' after ``demonstration program'';
(F) in subparagraph (F), by inserting ``cost effectiveness,
program effectiveness, and clinical'' after ``measure the'';
(G) in subparagraph (G), by inserting ``than in the general
population'' after ``families'';
(H) by redesignating subparagraph (H) as subparagraph (I);
and
(I) by inserting after subparagraph (G) the following new
subparagraph (H):
``(H) An analysis of whether the diagnosis and treatment of
autism is higher among the children of military families than
in the general population.''; and
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``nine'' and inserting ``31''.
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION
AUTHORITY FOR INDEPENDENT SUICIDE PREVENTION AND RESPONSE REVIEW
COMMITTEE.
Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended--
(1) in subsection (b)(3), by striking ``none of whom may be''
and all that follows through the closing period and inserting
``none of whom may be--''
``(A) a member of an Armed Force; or
``(B) a civilian employee of the Department of Defense,
unless the individual is a former member of an Armed Force.''.
(2) by redesignating subsections (f) through (h) as subsections
(g) through (i), respectively; and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Compensation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may compensate members of the committee established under
subsection (a) for the work of such members for the committee.
``(2) Exception.--A member of the committee established under
subsection (a) who is a civilian employee of the Department of
Defense and a former member of an Armed Force may not receive
compensation under paragraph (1).
``(3) Treatment of compensation.--A member of the committee
established under subsection (a) who receives compensation under
paragraph (1) shall not be considered a civilian employee of the
Department of Defense for purposes of subsection (b)(3)(B).''.
SEC. 734. TERMINATION OF VETERANS' ADVISORY BOARD ON RADIATION DOSE
RECONSTRUCTION.
Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-
183; 38 U.S.C. 1154 note) is amended--
(1) in subsection (b), by striking ``, including the
establishment of the advisory board required by subsection (c)'';
and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries concerned, shall establish a comprehensive initiative for
brain health to be known as the ``Warfighter Brain Health Initiative''
(in this section referred to as the ``Initiative'') for the purpose of
unifying efforts and programs across the Department of Defense to
improve the cognitive performance and brain health of members of the
Armed Forces.
(b) Objectives.--The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive performance
of members of the Armed Forces through education, training,
prevention, protection, monitoring, detection, diagnosis,
treatment, and rehabilitation, including through the following
activities:
(A) The establishment of a program to monitor cognitive
brain health across the Department of Defense, with the goal of
detecting any need for cognitive enhancement or restoration
resulting from potential brain exposures of members of Armed
Forces, to mitigate possible evolution of injury or disease
progression.
(B) The identification and dissemination of thresholds for
blast pressure safety and associated emerging scientific
evidence.
(C) The modification of high-risk training and operational
activities to mitigate the negative effects of repetitive blast
exposure.
(D) The identification of individuals who perform high-risk
training or occupational activities, for purposes of increased
monitoring of the brain health of such individuals.
(E) The development and operational fielding of non-
invasive, portable, point-of-care medical devices, to inform
the diagnosis and treatment of traumatic brain injury.
(F) The establishment of a standardized monitoring program
that documents and analyzes blast exposures that may affect the
brain health of members of the Armed Forces.
(G) The consideration of the findings and recommendations
of the report of the National Academies of Science,
Engineering, and Medicine titled ``Traumatic Brain Injury: A
Roadmap for Accelerating Progress'' and published in 2022
(relating to the acceleration of progress in traumatic brain
injury research and care), or any successor report, in relation
to the activities of the Department relating to brain health,
as applicable.
(2) To harmonize and prioritize the efforts of the Department
of Defense into a single approach to brain health.
(c) Annual Budget Justification Documents.--In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through 2029
(as submitted with the budget of the President under section 1105(a) of
title 31, United States Code), the Secretary of Defense shall include a
budget justification display that includes all activities of the
Department relating to the Initiative.
(d) Pilot Program Relating to Monitoring of Blast Coverage.--
(1) Authority.--The Director of the Defense Health Agency may
conduct, as part of the Initiative, a pilot program under which the
Director shall monitor blast overpressure exposure through the use
of commercially available, off-the-shelf, wearable sensors, and
document and evaluate data collected as a result of such
monitoring.
(2) Locations.--Monitoring activities under a pilot program
conducted pursuant to paragraph (1) shall be carried out in each
training environment that the Director determines poses a risk for
blast overpressure exposure.
(3) Documentation and sharing of data.--If the Director
conducts a pilot program pursuant to paragraph (1), the Director
shall--
(A) ensure that any data collected pursuant to such pilot
program that is related to the health effects of the blast
overpressure exposure of a member of the Armed Forces who
participated in the pilot program is documented and maintained
by the Secretary of Defense in an electronic health record for
the member; and
(B) to the extent practicable, and in accordance with
applicable provisions of law relating to data privacy, make
data collected pursuant to such pilot program available to
other academic and medical researchers for the purpose of
informing future research and treatment options.
(e) Strategy and Implementation Plan.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report setting forth a strategy and
implementation plan of the Department of Defense to achieve the
objectives of the Initiative under subsection (b).
(f) Annual Briefings.--Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of Defense
shall provide to the Committees on Armed Services of the House of
Representatives and the Senate a report on the Initiative that includes
the following:
(1) A description of the activities taken under the Initiative
and resources expended under the Initiative during the prior fiscal
year.
(2) A summary of the progress made during the prior fiscal year
with respect to the objectives of the Initiative under subsection
(b).
(g) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN UNITED
STATES AND UKRAINE FOR MILITARY TRAUMA CARE AND RESEARCH.
Not later than February 24, 2023, the Secretary of Defense shall
seek to enter into a partnership with the appropriate counterpart from
the Government of Ukraine for the establishment of a joint program on
military trauma care and research. Such program shall consist of the
following:
(1) The sharing of relevant lessons learned from the Russo-
Ukraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the United
States.
(3) Collaboration with the armed forces of Ukraine on matters
relating to health policy, health administration, and medical
supplies and equipment, including through knowledge exchanges.
(4) The conduct of joint research and development on the health
effects of new and emerging weapons.
(5) The entrance into agreements with military medical schools
of Ukraine for reciprocal education programs under which students
at the Uniformed Services University of the Health Sciences receive
specialized military medical instruction at the such military
medical schools of Ukraine and military medical personnel of
Ukraine receive specialized military medical instruction at the
Uniformed Services University of the Health Sciences, pursuant to
section 2114(f) of title 10, United States Code.
(6) The provision of support to Ukraine for the purpose of
facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the United
States.
(7) The provision of training to the armed forces of Ukraine in
the following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and equipment
needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE AVAILABLE
UNDER MILITARY HEALTH SYSTEM.
(a) Study Relating to Uniformed Services University of the Health
Science.--
(1) Study.--The Secretary of Defense shall conduct a study on
the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs in
counseling and social work at the Uniformed Services University
of the Health Sciences.
(B) Expanding the clinical psychology graduate program of
the Uniformed Services University of the Health Sciences.
(2) Matters.--The study under paragraph (1) shall include a
description of--
(A) the process by which, as a condition of enrolling in a
degree-granting program specified in such paragraph, a civilian
student would be required to commit to post-award employment
obligations; and
(B) the processes and consequences that would apply if such
obligations are not met.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report containing the findings of the study under paragraph (1).
(b) Pilot Program on Scholarship-for-service for Civilian
Behavioral Health Providers.--
(1) Pilot program.--Not later than two years after the date of
the enactment of this Act, the Secretary of Defense shall commence
the conduct of a pilot program under which--
(A) the Secretary may provide--
(i) scholarships to cover tuition and related fees at
an institution of higher education to an individual
enrolled in a program of study leading to a graduate degree
in clinical psychology, social work, counseling, or a
related field (as determined by the Secretary); and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a graduate
degree in clinical psychology, social work, counseling, or
a related field (as determined by the Secretary); and
(B) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health provider
in accordance with paragraph (2).
(2) Post-award employment obligations.--
(A) In general.--Subject to subparagraph (B), as a
condition of receiving assistance under paragraph (1), the
recipient of such assistance shall enter into an agreement with
the Secretary of Defense pursuant to which the recipient agrees
to work on a full-time basis as a covered civilian behavioral
health provider for a period of a duration that is at least
equivalent to the period during which the recipient received
assistance under such paragraph.
(B) Other terms and conditions.--An agreement entered into
pursuant to subparagraph (A) may include such other terms and
conditions as the Secretary of Defense may determine necessary
to protect the interests of the United States or otherwise
appropriate for purposes of this section, including terms and
conditions providing for limited exceptions from the post-award
employment obligation specified in such subparagraph.
(3) Repayment.--
(A) In general.--An individual who receives assistance
under paragraph (1) and does not complete the employment
obligation required under the agreement entered into pursuant
to paragraph (2) shall repay to the Secretary of Defense a
prorated portion of the financial assistance received by the
individual under paragraph (1).
(B) Determination of amount.--The amount of any repayment
required under subparagraph (A) shall be determined by the
Secretary.
(4) Duration.--The authority to carry out the pilot program
under paragraph (1) shall terminate on the date that is 10 years
after the date on which such pilot program commences.
(5) Implementation plan.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a plan for the implementation of
this section.
(6) Reports.--
(A) In general.--Not later than each of one year and five
years after the commencement of the pilot program under
paragraph (1), the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representative and
the Senate a report on the pilot program.
(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the pilot program under subsection
(1), the following:
(i) The number of students receiving scholarships under
the pilot program.
(ii) The institutions of higher education at which such
students are enrolled.
(iii) The total amount of financial assistance expended
under the pilot program per academic year.
(iv) The average scholarship amount per student under
the pilot program.
(v) The number of students hired as covered behavioral
health providers pursuant to the pilot program.
(vi) Any recommendations for terminating the pilot
program, extending the pilot program, or making the pilot
program permanent.
(c) Report on Behavioral Health Workforce.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct an
analysis of the behavioral health workforce under the direct care
component of the military health system and submit to the
Committees on Armed Services of the House of Representatives and
the Senate a report containing the results of such analysis. Such
report shall include, with respect to such workforce, the
following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and the
number of such positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (2).
(D) For each military department, the number of military
behavioral health providers authorized to be embedded within an
operational unit, and the number of such positions filled,
disaggregated by the professions described in paragraph (2).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behavioral
health care services under the direct care component of the
military health system, disaggregated by provider type.
(G) An identification of any shortfall between the
estimated number under subparagraph (F) and the total number of
positions for behavioral health providers filled within such
workforce.
(H) Such other information as the Secretary may determine
appropriate.
(2) Provider types.--The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may determine
appropriate.
(3) Behavioral health workforce at remote locations.--In
conducting the analysis of the behavioral health workforce under
paragraph (1), the Secretary of Defense shall ensure such
behavioral health workforce at remote locations (including Guam and
Hawaii) and any shortfalls thereof, is taken into account.
(d) Plan to Address Shortfalls in Behavioral Health Workforce.--Not
later than one year after the date on which the report under subsection
(c) is submitted, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a plan to address any shortfall of the behavioral health
workforce identified under paragraph (1)(G) of such subsection. Such
plan shall address the following:
(1) With respect to any such shortfall of military behavioral
health providers (addressed separately with respect to such
providers assigned to military medical treatment facilities and
such providers assigned to be embedded within operational units),
the recruitment, accession, retention, special pay and other
aspects of compensation, workload, role of the Uniformed Services
University of the Health Sciences and the Armed Forces Health
Professions Scholarship Program under chapter 105 of title 10,
United States Code, any additional authorities or resources
necessary for the Secretary to increase the number of such
providers, and such other considerations as the Secretary may
consider appropriate.
(2) With respect to addressing any such shortfall of civilian
behavioral health providers, the recruitment, hiring, retention,
pay and benefits, workload, educational scholarship programs, any
additional authorities or resources necessary for the Secretary to
increase the number of such providers, and such other
considerations as the Secretary may consider appropriate.
(3) A recommendation as to whether the number of military
behavioral health providers in each military department should be
increased, and if so, by how many.
(4) A plan to ensure that remote installations are prioritized
for the assignment of military behavioral health providers.
(5) Updated access standards for behavioral health care under
the military health system, taking into account--
(A) the duration of time between a patient receiving a
referral for such care and the patient receiving individualized
treatment (following an initial intake assessment) from a
behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient receives
such individualized treatment.
(6) A plan to expand access to behavioral health care under the
military health system using telehealth.
(e) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related fields.
(2) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(3) The term ``counselor'' means an individual who holds--
(A) a master's or doctoral degree from an accredited
graduate program in--
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and
(B) a current license or certification from a State that
grants the individual the authority to provide counseling
services as an independent practitioner in the respective field
of the individual.
(4) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by the
Secretary of Defense involves the provision of behavioral health
services at a military medical treatment facility.
(5) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001).
(6) The term ``military behavioral health provider'' means a
behavioral health provider who is a member of the Armed Forces.
(7) The term ``military installation'' has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ``military medical treatment facility'' means a
facility specified in section 1073d of such title.
(9) The term ``remote installation'' means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ``State'' means each of the several States, the
District of Columbia, and each commonwealth, territory or
possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL HEALTH
SERVICES TO MEMBERS OF THE ARMED FORCES AND MILITARY FAMILIES.
(a) In General.--The Secretary of Defense, in consultation with the
President of the Uniformed Services University of the Health Sciences,
shall develop a curriculum and certification program to provide
civilian mental health professionals and students in mental health-
related disciplines with the specialized knowledge and skills necessary
to address the unique mental health needs of members of the Armed
Forces and military families.
(b) Implementation.--Not later than 90 days after completing the
development of the curriculum and certification program under
subsection (a), the Secretary of Defense shall implement such
curriculum and certification program in the Uniformed Services
University of the Health Sciences.
(c) Authority to Disseminate Best Practices.--The Secretary of
Defense may disseminate best practices based on the curriculum and
certification program developed and implemented under this section to
other institutions of higher education, as such term is defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(d) Termination.--The authority to carry out the curriculum and
certification program under this section shall terminate on the date
that is five years after the date of the enactment of this Act.
(e) Briefing.--Not later than 180 days after the termination date
specified in subsection (d), the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the results of the curriculum and
certification program developed and implemented under this section.
SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN ARMED
FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries concerned, shall--
(1) review regulations, establish policies, and issue guidance
relating to service in the Armed Forces by individuals diagnosed
with HBV, consistent with the health care standards and clinical
guidelines of the Department of Defense; and
(2) identify areas where the regulations, policies, and
guidance of the Department relating to individuals diagnosed with
HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized across
the Armed Forces.
(b) Definitions.--In this section:
(1) The term ``HBV'' means the Hepatitis B Virus.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE BY
DEPARTMENT OF DEFENSE; CONGRESSIONAL NOTIFICATION.
(a) Standardization of Definition.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries concerned, shall develop, for use
across the Armed Forces, a standardized definition for the term
``suicide cluster''.
(b) Notification Required.--Beginning not later than one year after
the date of the enactment of this Act, whenever the Secretary
determines the occurrence of a suicide cluster (as that term is defined
pursuant to subsection (a)) among members of the Armed Forces, the
Secretary shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a notification of such determination.
(c) Briefing.--Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the following:
(1) The methodology being used in the development of the
definition under subsection (a).
(2) The progress made towards the development of the process
for submitting required notifications under subsection (b).
(3) An estimated timeline for the implementation of this
section.
(d) Coordination Required.--In developing the definition under
subsection (a) and the process for submitting required notifications
under subsection (b), the Secretary of Defense shall coordinate with
the Secretaries concerned.
(e) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section 101
of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH: CERTIFICATION REQUIREMENT AND OTHER REFORMS.
(a) Limitation.--
(1) In general.--Except as provided in paragraph (2), and in
addition to the limitation under section 719 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1454), as most recently amended by section 731 of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81; 135 Stat. 1795), during the five-year period beginning on
the date of the enactment of this Act, neither the Secretary of
Defense nor a Secretary concerned may reduce military medical end
strength authorizations, and following such period, neither may
reduce such authorizations unless the Secretary of Defense issues a
waiver pursuant to paragraph (6).
(2) Exception.--The limitation under paragraph (1) shall not
apply with respect to the following:
(A) Administrative billets of a military department that
have remained unfilled since at least October 1, 2018.
(B) Billets identified as non-clinical in the budget of the
President for fiscal year 2020 submitted to Congress pursuant
to section 1105(a) of title 31, United States Code, except that
the number of such billets may not exceed 1,700.
(C) Medical headquarters billets of the military
departments not assigned to, or providing direct support to,
operational commands.
(3) Report on composition of military medical workforce
requirements.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall conduct an
assessment of current military medical manning requirements (taking
into consideration factors including future operational planning,
training, and beneficiary healthcare) and submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report containing the findings of such assessment. Such assessment
shall be informed by the following:
(A) The National Defense Strategy submitted under section
113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under section
153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1817).
(F) The plan of the Department of Defense on integrated
medical operations, as updated pursuant to paragraph (1) of
section 724(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1793; 10 U.S.C.
1096 note).
(G) The plan of the Department of Defense on global patient
movement, as updated pursuant to paragraph (2) of such section
724(a).
(H) The biosurveillance program of the Department of
Defense established pursuant to Department of Defense Directive
6420.02 (relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID-19 Military Health System
Review Panel under section 731 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 3698).
(K) The report of the Inspector General of the Department
of Defense titled ``Evaluation of Department of Defense
Military Medical Treatment Facility Challenges During the
Coronavirus Disease-2019 (COVID-19) Pandemic in Fiscal Year
2021 (DODIG-2022-081)'' and published on April 5, 2022.
(L) Reports of the Comptroller General of the United States
relating to military health system reforms undertaken on or
after January, 1, 2017, including any such reports relating to
military medical manning and force composition mix.
(M) Such other reports as may be determined appropriate by
the Secretary of Defense.
(4) Certification.--The Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a certification containing the following:
(A) A certification of the completion of a comprehensive
review of military medical manning, including with respect to
the medical corps (or other health- or medical-related
component of a military department), designator, profession,
occupation, and rating of medical personnel.
(B) A justification for any proposed increase, realignment,
reduction, or other change to the specialty or occupational
composition of military medical end strength authorizations,
which may include compliance with a requirement or
recommendation set forth in a strategy, plan, or other matter
specified in paragraph (3).
(C) A certification that, in the case that any change to
such specialty or occupational composition is required, a
vacancy resulting from such change may not be filled with a
position other than a health- or medical-related position until
such time as there are no military medical billets remaining to
fill the vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end strength
authorizations.
(E) An identification of any plans of the Department to
backfill military medical personnel positions with civilian
personnel.
(F) A plan to address persistent vacancies for civilian
personnel in health- or medical-related positions, and a risk
analysis associated with the hiring, onboarding, and retention
of such civilian personnel, taking into account provider
shortfalls across the United States.
(G) A comprehensive plan to mitigate any risk identified
pursuant to subparagraph (D) or (F), including with respect to
funding necessary for such mitigation across fiscal years.
(5) Process required.--The Secretaries of the military
departments, in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall develop and submit to
the Committees on Armed Services of the House of Representatives
and the Senate a process for the authorization of proposed
modifications to the composition of the medical manning force mix
across the military departments while maintaining compliance with
the limitation under paragraph (1). Such process shall--
(A) take into consideration the funding required for any
such proposed modification; and
(B) include distinct processes for proposed increases and
proposed decreases, respectively, to the medical manning force
mix of each military department.
(6) Waiver.--
(A) In general.--Following the conclusion of the five-year
period specified in paragraph (1), the Secretary of Defense may
waive the prohibition under such subsection if--
(i) the report requirement under paragraph (3), the
certification requirement under paragraph (4), and the
process requirement under paragraph (5) have been
completed;
(ii) the Secretary determines that the waiver is
necessary and in the interests of the national security of
the United States; and
(iii) the waiver is issued in writing.
(B) Notification to congress.--Not later than five days
after issuing a waiver under subparagraph (A), the Secretary of
Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a notification of the
waiver (including the text of the waiver and a justification
for the waiver) and provide to such committees a briefing on
the components of the waiver.
(b) Temporary Suspension of Implementation of Plan for Restructure
or Realignment of Military Medical Treatment Facilities.--The Secretary
of Defense may not implement the plan under section 703(d)(1) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2199) until the later of the following:
(1) The date that is one year after the date of the enactment
of this Act.
(2) The date on which the Secretary of Defense completes the
following:
(A) A risk analysis for each military medical treatment
facility to be realigned, restructured, or otherwise affected
under the implementation plan under such section 703(d)(1),
including an assessment of the capacity of the TRICARE network
of providers in the area of such military medical treatment
facility to provide care to the TRICARE Prime beneficiaries
that would otherwise be assigned to such military medical
treatment facility.
(B) An identification of the process by which the
assessment conducted under subsection (a)(3) and the
certification required under subsection (a)(4) shall be linked
to any restructuring or realignment of military medical
treatment facilities.
(c) Briefings; Final Report.--
(1) Initial briefing.--Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
on--
(A) the method by which the Secretary plans to meet the
report requirement under subsection (a)(3), the certification
requirement under subsection (a)(4), and the process
requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and (B) of
subsection (b)(2).
(2) Briefing on progress.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the progress made
towards completion of the requirements specified in paragraph
(1)(A).
(3) Final briefing.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a final briefing on the completion
of such requirements.
(4) Final report.--Not later than three years after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a final report on the completion of such
requirements. Such final report shall be in addition to the report,
certification, and process submitted under paragraphs (3), (4), and
(5) of subsection (a), respectively.
(d) Definitions.--In this section:
(1) The term ``medical personnel'' has the meaning given such
term in section 115a(e) of title 10, United States Code.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a) of such title.
(3) The term ``theater strategy'' means an overarching
construct outlining the vision of a combatant commander for the
integration and synchronization of military activities and
operations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT OF
DEFENSE INTERNSHIP PROGRAMS RELATING TO CIVILIAN BEHAVIORAL
HEALTH PROVIDERS.
(a) Feasibility Study.--The Secretary of Defense shall conduct a
study on the feasibility of establishing paid pre-doctoral and post-
doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health providers.
(b) Elements.--The feasibility study under subsection (a) shall
assess, with respect to the potential internship programs specified in
such subsection, the following:
(1) A model under which, as a condition of participating in
such an internship program, the participant would enter into an
agreement with the Secretary under which the participant agrees to
work on a full-time basis as a covered civilian behavioral health
provider for a period of a duration that is at least equivalent to
the period of participation in such internship program.
(2) Methods by which the Secretary may address scenarios in
which an individual who participates in such an internship program
does not complete the employment obligation required under the
agreement referred to in paragraph (1), including by requiring the
individual to repay to the Secretary a prorated portion of the cost
of administering such program (to be determined by the Secretary)
with respect to such individual and of any payment received by the
individual under such program.
(3) The methods by which the Secretary may adjust the workload
and staffing of behavioral health providers in military medical
treatment facilities to ensure sufficient capacity to supervise
participants in such internship programs.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
containing the findings of the feasibility study under subsection (a).
(d) Definitions.--In this section:
(1) The term ``behavioral health'' includes psychiatry,
clinical psychology, social work, counseling, and related fields.
(2) The term ``behavioral health provider'' includes the
following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of mental
health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ``covered civilian behavioral health provider''
means a civilian behavioral health provider whose employment by the
Secretary of Defense involves the provision of behavioral health
services at a military medical treatment facility.
(4) The term ``civilian behavioral health provider'' means a
behavioral health provider who is a civilian employee of the
Department of Defense.
(5) The term ``military medical treatment facility'' means a
facility specified in section 1073d of title 10, United States
Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF
NEW COMMAND ON DEFENSE HEALTH.
(a) Updates.--The Secretary of Defense shall update prior studies
regarding the feasibility of establishing a new defense health command
under which the Defense Health Agency would be a joint component. In
conducting such updates, the Secretary shall consider for such new
command each of the following potential structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines is
appropriate for consideration.
(b) Matters.--The updates under subsection (a) shall include, with
respect to the new command specified in such subsection, the following:
(1) An assessment of the potential organizational structure of
the new command sufficient for the new command to carry out the
responsibilities described in subsection (c), including a
description of the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary of
Defense for Health Affairs, and the Under Secretary of Defense
for Personnel and Readiness.
(B) The potential relationship of the new command to the
military departments, the combatant commands, and the Joint
Staff.
(C) The potential responsibilities of the commander of the
new command and how such responsibilities would differ from the
responsibilities of the Director of the Defense Health Agency.
(D) The potential chain of command between such commander
and the Secretary of Defense.
(E) The potential roles of the Surgeons General of the
Army, Navy, and Air Force, with respect to such commander.
(F) Any organizations that support the Defense Health
Agency, such as the medical departments and medical logistics
organizations of each military department.
(G) The potential organizational structure of the new
command, including any subordinate commands.
(H) The geographic location, or multiple such locations, of
the headquarters of the new command and any subordinate
commands.
(I) How the Defense Health Agency currently serves as a
provider of optimally trained and clinically proficient health
care professionals to support combatant commands.
(J) How the new command may further serve as a provider of
optimally trained and clinically proficient health care
professionals to support combatant commands.
(2) An assessment of any additional funding necessary to
establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect to
the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the executive
leadership of the new command.
(5) If the Secretary makes the determination to establish the
new command, a timeline for such establishment.
(6) If the Secretary defers such determination pending further
implementation of other organizational reforms to the military
health system, a timeline for such future determination.
(7) Such other matters relating to the establishment,
operations, or activities of the new command as the Secretary may
determine appropriate.
(c) Responsibilities Described.--The responsibilities described in
this subsection are as follows:
(1) The conduct of health operations among operational units of
the Armed Forces.
(2) The administration of military medical treatment
facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the primary
responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care,
medical specialty care, and related services.
(C) Preventive, acute, restorative, curative,
rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in the
National Disaster Medical System established pursuant to section
2812 of the Public Health Service Act (42 U.S.C. 300hh-11), the
Veterans Health Administration, and such other Federal departments
and agencies and nongovermental organizations as may be determined
appropriate by the Secretary, including with respect to the care
services specified in paragraph (4)(C).
(6) The conduct of existing research and education activities
of the Department of Defense in the field of health sciences.
(7) The conduct of public health and global health activities
not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program Account
under section 1100 of title 10, United States Code.
(d) Interim Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives and
the Senate a briefing on the method by which the Secretary intends to
update prior studies as required pursuant to subsection (a).
(e) Final Briefing; Report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) provide to the Committees on Armed Services of the House of
Representatives and the Senate a final briefing on the
implementation of this section; and
(2) submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing the updates to
prior studies required pursuant to subsection (a), including each
of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO
EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL
HAZARDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct a capability assessment of potential improvements
to activities of the Department of Defense to reduce the effects of
environmental exposures with respect to members of the Armed
Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers
appropriate.
(b) Elements.--The capability assessment required by subsection
(a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health assessments,
the following:
(A) An assessment of the feasibility and advisability of
adding additional screening questions relating to environmental
and occupational exposures to current health assessments of
members of the Armed Forces conducted by the Secretary of
Defense, including pre- and post-deployment assessments and
pre-separation assessments.
(B) An assessment of the potential value and feasibility of
regularly requiring spirometry or other pulmonary function
testing pre- and post-deployment for all members, or selected
members, of the Armed Forces.
(2) With respect to the conduct of outreach and education, the
following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Department of
Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions by the
Secretary of Defense and the Secretary of Veterans Affairs to
increase awareness among members of the Armed Forces and
veterans of the purposes and uses of the Airborne Hazards and
Open Burn Pit Registry and the effect of a potential
requirement that individuals meeting applicable criteria be
automatically enrolled in the registry unless such individuals
opt out of enrollment.
(C) An assessment of operational plans for deployment with
respect to the adequacy of educational activities for, and
evaluations of, performance of command authorities, medical
personnel, and members of the Armed Forces on deployment on
anticipated environmental exposures and potential means to
minimize and mitigate any adverse health effects of such
exposures, including through the use of monitoring, personal
protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of Defense
with respect to the diagnosis and treatment of health
conditions associated with environmental exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen tactics,
techniques, and procedures used in deployment operations to
document--
(i) specific locations where members of the Armed
Forces served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service in
such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and
remote sensing capabilities to record environmental exposures
by geographic location.
(C) An analysis of the potential value and feasibility of
maintaining a repository of frozen soil samples from each
deployment location to be later tested as needed when concerns
relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure Record to
be integrated with exposure data.
(B) An evaluation of--
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable and
accessible to members of the Armed Forces and veterans by
2023; and
(ii) the integration of data from the Individual
Longitudinal Exposure Record with the electronic health
records of the Department of Defense and the Department of
Veterans Affairs.
(C) An assessment of the feasibility and advisability of
making such data accessible to the surviving family members of
members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on monitoring
and identifying the health consequences of exposure to open
burn pits.
(B) An analysis of options for increasing the amount and
the relevance of additional research into the health effects of
open burn pits and effective treatments for such health
effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member of the
Armed Forces.
(D) An analysis of potential organizational strengthening
with respect to the management of research on environmental
exposure hazards, including the establishment of a joint
program executive office for such management.
(E) An assessment of the findings and recommendations of
the 2020 report by the National Academies of Science,
Engineering, and Medicine titled ``Respiratory Health Effects
of Airborne Hazards Exposures in the Southwest Asia Theater of
Military Operations''.
(6) An evaluation of such other matters as the Secretary of
Defense determines appropriate to ensure a comprehensive review of
activities relating to the effects of exposure to open burn pits
and other environmental hazards.
(c) Submission of Plan and Briefing.--Not later than 240 days after
the date of the enactment of this Act, the Secretary of Defense shall--
(1) submit to the Committees on Armed Services of the House of
Representatives and the Senate the action plan required by
subsection (a)(2); and
(2) provide to such committees a briefing on the results of the
capability assessment required by subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit Registry''
means the registry established under section 201 of the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012 (Public
Law 112-260; 38 U.S.C. 527 note).
(2) The term ``environmental exposure'' means an exposure to an
open burn pit or other environmental hazard, as determined by the
Secretary of Defense.
(3) The term ``open burn pit'' has the meaning given that term
in section 201(c) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a comprehensive review of the medical training for health
care professionals furnishing medical care to individuals undergoing
Navy Sea, Air, and Land (SEAL) training, the quality assurance
mechanisms in place with respect to such care, and the efforts to
mitigate health stress of individuals undergoing such training.
(b) Elements.--The review under subsection (a) shall include the
following elements:
(1) A review of the policies for improved medical care of
individuals undergoing Navy SEAL training and quality assurance
with respect to such care.
(2) A review of sleep deprivation practices implemented with
respect to Navy SEAL training, including an identification of when
such practices were initially implemented and how frequently such
practices are updated.
(3) An assessment of the policies and rules relating to the use
of performance enhancing drugs by individuals undergoing Navy SEAL
training.
(4) An assessment of the oversight of health care professionals
(including enlisted and officer medical personnel, civilian
employees of the Department of Defense, and contractors of the
Department) with respect to the provision by such professionals of
health care services to individuals undergoing Navy SEAL training.
(5) A review and assessment of deaths, occurring during the
twenty-year period preceding the date of the review, of individuals
who were undergoing Navy SEAL training at the time of death.
(6) A review of ongoing efforts and initiatives to ensure the
safety of individuals undergoing Navy SEAL training and to prevent
the occurrence of long-term injury, illness, and death among such
individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) Interim Briefing.--Not later than March 1, 2023, the Inspector
General of the Department of Defense shall provide to the Committees on
Armed Services of the House of Representatives and the Senate a
briefing on how the Inspector General plans to conduct the review under
subsection (a), including with respect to each element specified in
subsection (b).
(d) Final Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department of
Defense shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the completion of
the review under subsection (a), including recommendations of the
Inspector General developed as a result of such review.
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF EACH
MILITARY DEPARTMENT AND RELATED MATTERS.
(a) Reports.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report on the
composition of the medical personnel of each military department and
related matters.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical personnel of
the military department who are officers in a grade above O-6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O-7.
(C) A description of any plans of the Secretary to--
(i) reduce the total number of such medical personnel;
or
(ii) eliminate any covered position for such medical
personnel.
(D) A recommendation by the Secretary for the number of
covered positions for such medical personnel that should be
required for purposes of maximizing medical readiness (without
regard to current statutory limitations, or potential future
statutory limitations, on such number), presented as a total
number for each military department and disaggregated by grade.
(2) An assessment of the grade for the position of the Medical
Officer of the Marine Corps, including--
(A) a comparison of the effects of filling such position
with an officer in the grade of O-6 versus an officer in the
grade of O-7;
(B) an assessment of potential issues associated with the
elimination of such position; and
(C) a description of any potential effects of such
elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical
personnel of the military departments, including the following:
(A) The total number of authorizations for such covered
positions, disaggregated by--
(i) whether the authorization is for a position in a
reserve component; and
(ii) whether the position so authorized is filled or
vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an identification of
the title and geographic location of, and a summary of the
responsibility description for, the position.
(D) For each such covered position, an identification of
the span of control of the position, including with respect to
the highest grade at which each such position has been filled.
(E) An identification of any downgrading, upgrading, or
other changes to such covered positions occurring during the
10-year period preceding the date of the report, and an
assessment of whether any such changes have resulted in the
transfer of responsibilities previously assigned to such a
covered position to--
(i) a position in the Senior Executive Service or
another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above O-6
assigned to the Defense Health Agency, the Office of the
Assistant Secretary of Defense for Health Affairs, the Joint
Staff, or any other position within the military health system.
(G) A description of the process by which the positions
specified in subparagraph (F) are validated against military
requirements or similar billet justification processes.
(H) A side-by-side comparison demonstrating, across the
military departments, the span of control and the
responsibilities of covered positions for medical personnel of
each military department.
(c) Disaggregation of Certain Data.--The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented as a
total number and disaggregated by each medical component of the
respective military department.
(d) Definitions.--In this section:
(1) The term ``covered position'' means a position for an
officer in a grade above O-6.
(2) The term ``officer'' has the meanings given that term in
section 101(b) of title 10, United States Code.
(3) The term ``medical component'' means--
(A) in the case of the Army, the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary Corps,
and Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated as
medical officers, dental officers, Air Force nurses, medical
service officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps.
(4) The term ``medical personnel'' has the meaning given such
term in section 115a(e) of title 10, United States Code.
(5) The term ``military department'' has the meaning given that
term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON
OPERATIONAL TEMPO AND PHYSICAL AND MENTAL HEALTH OF MEMBERS OF
THE ARMED FORCES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the effects of low recruitment and retention on the
Armed Forces.
(b) Matters.--The report under subsection (a) shall include an
assessment of the following:
(1) The effect of low recruitment on the tempo for operational
units during the previous five years, including with respect to
deployed units and units in pre-deployment training.
(2) Whether the rate of operational tempo during the pervious
five years has affected the retention of members of the Armed
Forces, including with respect to deployed units and units in pre-
deployment training.
(3) How the rate of operational tempo during the previous five
years has affected the number of mental health visits of members of
the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious five
years has affected the number of suicides occurring within such
units.
(5) Whether the rate of operational tempo during the pervious
five years has affected the number of musculoskeletal and related
injuries incurred by members of the Armed Forces serving in such
units.
(6) The type or types of military occupational specialties most
affected by low recruitment.
(7) Lessons learned in the process of gathering data for the
report under this section.
(8) Any policy or legislative recommendations to mitigate the
effect of low recruitment on the operational tempo of the Armed
Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND
INTIMATE PARTNER VIOLENCE THROUGH TRICARE PROGRAM.
(a) Guidance.--The Secretary of Defense shall disseminate guidance
on the implementation through the TRICARE program of--
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for--
(A) the routine assessment of intimate partner violence and
sexual assault; and
(B) the promotion of, and strategies for, trauma-informed
care plans.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE
ARMED FORCES.
(a) In General.--Not later than March 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the following:
(1) The feasibility and advisability of implementing reforms
related to suicide prevention among members of the Armed Forces as
follows:
(A) Eliminating mental health history as a disqualifier for
service in the Armed Forces, including by eliminating
restrictions related to mental health history that are specific
to military occupational specialties.
(B) Requiring comprehensive and in-person annual mental
health assessments of members of the Armed Forces.
(C) Requiring behavioral health providers under the TRICARE
program, including providers contracted through such program,
to undergo evidence-based and suicide-specific training.
(D) Requiring leaders at all levels of the Armed Forces to
be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific interventions.
(iv) Effectively communicating with medical and
behavioral health providers.
(v) Communicating with family members, including
extended family members who are not co-located with a
member of the Armed Forces, on support and access to
resources for members of the Armed Forces and the
dependents thereof.
(E) Requiring mandatory referral to Warriors in Transition
programs, or other transitional programs, for members of the
Armed Forces who are eligible for such programs.
(2) Recommendations for additional legislative actions
necessary to further enhance or expand suicide prevention efforts
of the Department of Defense.
(b) Definitions.--In this section--
(1) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``Warriors in Transition program'' has the meaning
given that term in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10
U.S.C. 1071 note).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and
engineering services.
Sec. 803. Data requirements for commercial products for major weapon
systems.
Sec. 804. Revision of authority for procedures to allow rapid
acquisition and deployment of capabilities needed under
specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense
acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced
reporting on proposed cancellations and modifications to
multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and
related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with
requests for multiyear procurement authority for large defense
acquisitions.
Sec. 816. Modification of provision relating to determination of certain
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 processes.
Sec. 819. Extension of pilot program for distribution support and
services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department
of Defense to conduct certain reviews.
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 excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and
agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial
skills 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 certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the
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 technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F--Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
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 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance
into program classification guides and program protection
plans.
Subtitle A--Acquisition Policy and Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN
OVERCOMING OBSTACLES IN ACQUISITION.
(a) In General.--Chapter 87 of title 10, United States Code, is
amended by inserting after section 1742 the following new section:
``Sec. 1743. Awards to recognize members of the acquisition workforce
``(a) Establishment.--The President of the Defense Acquisition
University shall establish two programs to provide awards to recognize
members of the acquisition workforce as follows:
``(1) An award of not more than $5,000 to such members who use
an iterative writing process to document a first-hand account of
using independent judgment to overcome an obstacle the member faced
while working within the defense acquisition system (as defined in
section 3001 of this title).
``(2) An award of not more than $5,000 to such members who make
the best use of the flexibilities and authorities granted by the
Federal Acquisition Regulation and Department of Defense
Instruction 5000.02 (Operation of the Defense Acquisition System).
``(b) Number of Awards.--
``(1) In general.--The President of the Defense Acquisition
University may make not more than five awards under subsection
(a)(1) and one award under subsection (a)(2) each year.
``(2) Limitation.--A member of the acquisition workforce may
receive one award each year.
``(c) Requirements for Writing Award.--
``(1) Submission required.--A member of the acquisition
workforce desiring an award under subsection (a)(1) shall submit to
the President of the Defense Acquisition University the first-hand
account described in such subsection. Such first-hand account shall
demonstrate--
``(A) an original and engaging idea documenting the use of
independent judgment to overcome an obstacle the recipient
faced while working within the defense acquisition system; and
``(B) the use of an iterative writing process, including
evidence of--
``(i) critical thinking;
``(ii) incorporation of feedback from diverse
perspectives; and
``(iii) editing to achieve plain writing (as defined in
section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301
note)).
``(2) Website.--The President of the Defense Acquisition
University shall establish and maintain a website to serve as a
repository for submissions made under paragraph (1). Such website
shall allow for public comments and discussion.
``(d) Requirements for Flexibility Award.--A member of the
acquisition workforce desiring an award under subsection (a)(2) shall
submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program management
that emphasize innovation and local adaptation, including the use of--
``(1) simplified acquisition procedures;
``(2) inherent flexibilities within the Federal Acquisition
Regulation;
``(3) commercial contracting approaches;
``(4) public-private partnership agreements and practices;
``(5) cost-sharing arrangements;
``(6) innovative contractor incentive practices; or
``(7) other innovative implementations of acquisition
flexibilities.
``(e) Funding.--The Secretary of Defense shall use funds from the
Defense Acquisition Workforce Development Account to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after section 1742 the following
new item:
``1743. Awards to recognize members of the acquisition workforce.''.
(c) Conforming Amendment.--Section 834 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND
ENGINEERING SERVICES.
Section 3406 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(h) Architectural and Engineering Services.--
``(1) Qualification-based selections required.--Task or
delivery orders for architectural and engineering services issued
under section 3403 or 3405 of this title shall be qualification-
based selections executed in accordance with chapter 11 of title
40.
``(2) Multiple award contracts.--When issuing a task or
delivery order for architectural and engineering services under a
multiple award contract, the head of an agency may not routinely
request additional information relating to qualifications from the
contractor for such multiple award contract.''.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR
WEAPON SYSTEMS.
(a) Amendments Relating to Subsystems of Major Weapons Systems.--
Section 3455(b) of title 10, United States Code is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by inserting ``(1)'' before ``A subsystem of a major weapon
system''; and
(3) by adding at the end the following new paragraph:
``(2)(A) For a subsystem proposed as commercial (as defined in
section 103(1) of title 41) and that has not been previously determined
commercial in accordance with section 3703(d) of this title, the
offeror shall--
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that serves
as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary
to serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the subsystem and the
comparable commercial product identified under clause (i); and
``(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified under
clause (i), if one is assigned, and the subsystem, if one is
assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the subsystem--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
subsystem and the most comparable commercial product in the
commercial marketplace, to the extent reasonably known by the
offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.''.
(b) Amendment Relating to Components and Spare Parts.--Section
3455(c)(2) of such title is amended to read as follows:
``(2)(A) For a component or spare part proposed as commercial (as
defined in section 103(1) of title 41) and that has not previously been
determined commercial in accordance with section 3703(d) of this title,
the offeror shall--
``(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that serves
as the basis for the `of a type' assertion;
``(ii) submit to the contracting officer a comparison necessary
to serve as the basis of the `of a type' assertion of the physical
characteristics and functionality between the component or spare
part and the comparable commercial product identified under clause
(i); and
``(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified under
clause (i), if one is assigned, and the component or spare part, if
one is assigned.
``(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes other
than governmental purposes that can serve as the basis for an `of a
type' assertion with respect to the component or spare part--
``(i) the offeror shall--
``(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product; and
``(II) provide to the contracting officer a comparison
necessary to serve as the basis of the `of a type' assertion of
the physical characteristics and functionality between the
component or spare part and the most comparable commercial
product in the commercial marketplace, to the extent reasonably
known by the offeror; and
``(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.''.
(c) Amendments Relating to Information Submitted.--Section 3455(d)
of such title is amended--
(1) in the subsection heading, by inserting after ``Submitted''
the following: ``for Procurements That Are Not Covered by the
Exceptions in Section 3703(a)(1) of This Title'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``the contracting officer shall require the offeror to submit--
'' and inserting ``the offeror shall, in accordance with
paragraph (4), submit to the contracting officer or provide the
contracting officer access to--'';
(B) in subparagraph (A)--
(i) by inserting ``a representative sample, as
determined by the contracting officer, of the'' before
``prices paid''; and
(ii) by inserting ``, and the terms and conditions of
such sales'' after ``Government and commercial customers'';
(C) in subparagraph (B), by striking ``information on--''
and all that follows and inserting the following: ``a
representative sample, as determined by the contracting
officer, of the prices paid for the same or similar commercial
products sold under different terms and conditions, and the
terms and conditions of such sales; and''; and
(D) in subparagraph (C)--
(i) by inserting ``only'' before ``if the contracting
officer''; and
(ii) by inserting after ``reasonableness of price'' the
following: ``because either the comparable commercial
products provided by the offeror are not a valid basis for
a price analysis or the contracting officer determines the
proposed price is not reasonable after evaluating sales
data, and the contracting officer receives the approval
described in paragraph (5)''; and
(3) by adding at the end the following new paragraphs:
``(4)(A) An offeror may redact data information submitted or made
available under subparagraph (A) or (B) of paragraph (1) with respect
to sales of an item acquired under this section only to the extent
necessary to remove information individually identifying government
customers, commercial customers purchasing such item for governmental
purposes, and commercial customers purchasing such item for commercial,
mixed, or unknown purposes.
``(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall certify
in writing to the contracting officer whether the customer is a
government customer, a commercial customer purchasing the item for
governmental purpose, or a commercial customer purchasing the item for
a commercial, mixed, or unknown purpose.
``(5) A contracting officer may not require an offeror to submit or
make available information under paragraph (1)(C) without approval from
a level above the contracting officer.
``(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support
the actual rationale of the offeror for the price proposed by the
offeror to the Government for any good or service.''.
(d) Applicability.--Section 3455 of such title is amended by adding
at the end the following new subsection:
``(g) Applicability.--
``(1) In general.--Subsections (b) and (c) shall apply only
with respect to subsystems described in subsection (b) and
components or spare parts described in subsection (c),
respectively, that the Department of Defense acquires through--
``(A) a prime contract;
``(B) a modification to a prime contract; or
``(C) a subcontract described in paragraph (2).
``(2) Subcontract described.--A subcontract described in this
paragraph is a subcontract through which the Department of Defense
acquires a subsystem or component or spare part proposed as
commercial (as defined in section 103(1) of title 41) under this
section and that has not previously been determined commercial in
accordance with section 3703(d).''.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID
ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED UNDER SPECIFIED
HIGH-PRIORITY CIRCUMSTANCES.
(a) Revision and Codification of Rapid Acquisition Authority.--
Chapter 253 of part V of title 10, United States Code, is amended to
read as follows:
``CHAPTER 253--RAPID ACQUISITION PROCEDURES
``Sec.
``3601. Procedures for urgent acquisition and deployment of capabilities
needed in response to urgent operational needs or vital
national security interest.
``Sec. 3601. Procedures for urgent acquisition and deployment of
capabilities needed in response to urgent operational needs or
vital national security interest
``(a) Procedures.--
``(1) In general.--The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capabilities needed in response to urgent operational needs. The
capabilities for which such procedures may be used in response to
an urgent operational need are those--
``(A) that, subject to such exceptions as the Secretary
considers appropriate for purposes of this section--
``(i) can be fielded within a period of two to 24
months;
``(ii) do not require substantial development effort;
``(iii) are based on technologies that are proven and
available; and
``(iv) can appropriately be acquired under fixed-price
contracts; or
``(B) that can be developed or procured under a section 804
rapid acquisition pathway.
``(2) Definition.--In this section, the term `section 804 rapid
acquisition pathway' means the rapid fielding acquisition pathway
or the rapid prototyping acquisition pathway authorized under
section 804 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 3201 prec.).
``(b) Matters to Be Included.--The procedures prescribed under
subsection (a) shall include the following:
``(1) A process for streamlined communications between the
Chairman of the Joint Chiefs of Staff, the acquisition community,
and the research and development community, including--
``(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff to
communicate their needs to the acquisition community and the
research and development community; and
``(B) a process for the acquisition community and the
research and development community to propose capabilities that
meet the needs communicated by the combatant commands and the
Chairman of the Joint Chiefs of Staff.
``(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including--
``(A) a process for demonstrating and evaluating for
current operational purposes the performance of the capability;
``(B) a process for developing an acquisition and funding
strategy for the deployment of the capability; and
``(C) a process for making deployment and utilization
determinations based on information obtained pursuant to
subparagraphs (A) and (B).
``(3) A process to determine the disposition of a capability,
including termination (demilitarization or disposal), continued
sustainment, or transition to a program of record.
``(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 3201 prec.).
``(c) Response to Combat Emergencies and Certain Urgent Operational
Needs.--
``(1) Determination of need for urgent acquisition and
deployment.--(A) In the case of any capability that, as determined
in writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that has resulted in combat
casualties, or is likely to result in combat casualties, the
Secretary may use the procedures developed under this section in
order to accomplish the urgent acquisition and deployment of the
needed capability.
``(B) In the case of any capability that, as determined in
writing by the Secretary of Defense, is urgently needed to
eliminate a documented deficiency that impacts an ongoing or
anticipated contingency operation and that, if left unfulfilled,
could potentially result in loss of life or critical mission
failure, the Secretary may use the procedures developed under this
section in order to accomplish the urgent acquisition and
deployment of the needed capability.
``(C)(i) In the case of any cyber capability that, as
determined in writing by the Secretary of Defense, is urgently
needed to eliminate a deficiency that as the result of a cyber
attack has resulted in critical mission failure, the loss of life,
property destruction, or economic effects, or if left unfilled is
likely to result in critical mission failure, the loss of life,
property destruction, or economic effects, the Secretary may use
the procedures developed under this section in order to accomplish
the urgent acquisition and deployment of the needed offensive or
defensive cyber capability.
``(ii) In this subparagraph, the term `cyber attack' means a
deliberate action to alter, disrupt, deceive, degrade, or destroy
computer systems or networks or the information or programs
resident in or transiting these systems or networks.
``(2) Designation of senior official responsible.--(A)(i)
Except as provided under clause (ii), whenever the Secretary of
Defense makes a determination under subparagraph (A), (B), or (C)
of paragraph (1) that a capability is urgently needed to eliminate
a deficiency described in that subparagraph, the Secretary shall
designate a senior official of the Department of Defense to ensure
that the needed capability is acquired and deployed as quickly as
possible, with a goal of awarding a contract for the acquisition of
the capability within 15 days.
``(ii) Clause (i) does not apply to an acquisition initiated in
the case of a determination by the Secretary of Defense that funds
are necessary to immediately initiate a project under a section 804
rapid acquisition pathway if the designated official for
acquisitions using such pathway is a service acquisition executive.
``(B) Upon designation of a senior official under subparagraph
(A) with respect to a needed capability, the Secretary shall
authorize that senior official to waive any provision of law or
regulation described in subsection (d) that such senior official
determines in writing would unnecessarily impede the urgent
acquisition and deployment of such capability. In a case in which
such capability cannot be acquired without an extensive delay, the
senior official shall require that an interim solution be
implemented and deployed using the procedures developed under this
section to minimize adverse consequences resulting from the urgent
need.
``(3) Use of funds.--(A) Subject to subparagraph (C), in any
fiscal year in which the Secretary of Defense makes a determination
described in subparagraph (A), (B), or (C) of paragraph (1) with
respect to a capability, or upon the Secretary making a
determination that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway based on a
compelling national security need, the Secretary may use any funds
available to the Department of Defense to urgently acquire and
deploy such capability or immediately initiate such project,
respectively, if the determination includes a written finding that
the use of such funds is necessary to address in a timely manner
the deficiency documented or identified under such subparagraph
(A), (B), or (C) or the compelling national security need
identified for purposes of such section 804 pathway, respectively.
``(B) The authority provided by this section may only be used
to acquire capability--
``(i) in the case of determinations by the Secretary under
paragraph (1)(A), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(ii) in the case of determinations by the Secretary under
paragraph (1)(B), in an amount aggregating not more than
$200,000,000 during any fiscal year;
``(iii) in the case of determinations by the Secretary
under paragraph (1)(C), in an amount aggregating not more than
$200,000,000 during any fiscal year; and
``(iv) in the case of a determination by the Secretary that
funds are necessary to immediately initiate a project under a
section 804 rapid acquisition pathway, in an amount aggregating
not more than $50,000,000 during any fiscal year.
``(C) In exercising the authority under this section--
``(i) none of the amounts appropriated for Operation and
Maintenance may be used to carry out this section except for
amounts appropriated for--
``(I) Operation and Maintenance, Defense-wide;
``(II) Operation and Maintenance, Army;
``(III) Operation and Maintenance, Navy;
``(IV) Operation and Maintenance, Marine Corps;
``(V) Operation and Maintenance, Air Force; or
``(VI) Operation and Maintenance, Space Force; and
``(ii) when funds are utilized for sustainment purposes,
this authority may not be used for more than 2 years.
``(4) Notification to congressional defense committees.--(A) In
the case of a determination by the Secretary of Defense under
subparagraph (A) or (C) of paragraph (1), the Secretary shall
notify the congressional defense committees of the determination
within 15 days after the date of the determination.
``(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional
defense committees of the determination at least 10 days before the
date on which the determination is effective.
``(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately initiate a
project under a section 804 rapid acquisition pathway, the
Secretary shall notify the congressional defense committees of the
determination within 10 days after the date of the use of such
funds.
``(D) A notice under this paragraph shall include the
following:
``(i) Identification of the capability to be acquired.
``(ii) The amount anticipated to be expended for the
acquisition.
``(iii) The source of funds for the acquisition.
``(E) A notice under this paragraph shall fulfill any
requirement to provide notification to Congress for a program
(referred to as a `new start program') that has not previously been
specifically authorized by law or for which funds have not
previously been appropriated.
``(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management and
Budget.
``(5) Limitation on officers with authority.--The authority to
make determinations under subparagraph (A), (B), or (C) of
paragraph (1) and under paragraph (3)(A) that funds are necessary
to immediately initiate a project under a section 804 rapid
acquisition pathway, to designate a senior official responsible
under paragraph (3), and to provide notification to the
congressional defense committees under paragraph (4) may be
exercised only by the Secretary of Defense or the Deputy Secretary
of Defense.
``(d) Authority to Waive Certain Laws and Regulations.--
``(1) Authority.--Following a determination described in
subsection (c)(1), the senior official designated in accordance
with subsection (c)(2), with respect to that designation, may waive
any provision of law or regulation addressing--
``(A) the establishment of a requirement or specification
for the capability to be acquired;
``(B) the research, development, test, and evaluation of
the capability to be acquired;
``(C) the production, fielding, and sustainment of the
capability to be acquired; or
``(D) the solicitation, selection of sources, and award of
the contracts for procurement of the capability to be acquired.
``(2) Limitations.--Nothing in this subsection authorizes the
waiver of--
``(A) the requirements of this section;
``(B) any provision of law imposing civil or criminal
penalties; or
``(C) any provision of law governing the proper expenditure
of appropriated funds.
``(e) Operational Assessments.--
``(1) In general.--The process prescribed under subsection
(b)(2)(A) for demonstrating and evaluating for current operational
purposes the performance of a capability proposed pursuant to
subsection (b)(1)(B) shall include the following:
``(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational Test and
Evaluation.
``(B) A requirement to provide information about any
deficiency of the capability in meeting the original
requirements for the capability (as stated in a statement of
the urgent operational need or similar document) to the
deployment decision-making authority.
``(2) Limitation.--The process prescribed under subsection
(b)(2)(A) may not include a requirement for any deficiency of
capability identified in the operational assessment to be the
determining factor in deciding whether to deploy the capability.
``(3) Director of operational test and evaluation access.--If a
capability is deployed under the procedures prescribed pursuant to
this section, or under any other authority, before operational test
and evaluation of the capability is completed, the Director of
Operational Test and Evaluation shall have access to operational
records and data relevant to such capability in accordance with
section 139(e)(3) of this title for the purpose of completing
operational test and evaluation of the capability. Such access
shall be provided in a time and manner determined by the Secretary
of Defense consistent with requirements of operational security and
other relevant operational requirements.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle A, and at the beginning of part V of subtitle A, of title 10,
United States Code, are each amended by striking the item relating to
chapter 253 and inserting the following:
``253. Rapid Acquisition Procedures..............................3601''.
(c) Conforming Repeals.--The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10
U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107-314; 10 U.S.C. 3201 note
prec.).
(d) Additional Conforming Amendments.--
(1) Section 2216a(c) of title 10, United States Code, is
amended by striking ``section 804(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C. 2302
note)'' and inserting ``Department of Defense Instruction 5000.81
(or any successor instruction), dated December 31, 2019, and titled
`Urgent Capability Acquisition'''.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117-103; 136
Stat. 193) is amended by striking ``under section 806(c)(4) of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(10 U.S.C. 2302 note)'' and inserting ``under section 3601(c)(4) of
title 10, United States Code,''.
(3) Section 851(f) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C 3201 note prec.) is amended by
striking ``under section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note)'' and inserting ``under section 3601 of title 10,
United States Code''.
(4) Section 231(c)(1)(A) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 139 note) is amended by striking ``section 806 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note)'' and inserting ``section 3601 of title 10,
United States Code''.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE
ORDERS.
(a) In General.--Section 3862 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``: certification'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new
subsection:
``(c) Treatment of Certain Clauses Implementing Executive Orders.--
The unilateral insertion of a covered clause into an existing
Department of Defense contract, order, or other transaction by a
contracting officer shall be treated as a change directed by the
contracting officer pursuant to, and subject to, the Changes clause of
the underlying contract, order, or other transaction.''; and
(4) in subsection (d), as redesignated by paragraph (2)--
(A) in the subsection heading, by striking ``Definition''
and inserting ``Definitions'';
(B) by striking ``section, the term'' and inserting the
following: ``section:
``(1) The term''; and
(C) by adding at the end the following new paragraphs:
``(2) The term `Changes clause' means the clause described in
part 52.243-4 of the Federal Acquisition Regulation or any
successor regulation.
``(3) The term `covered clause' means any clause implementing
the requirements of an Executive order issued by the President.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 281 of title 10, United States Code, is amended by striking the
item relating to section 3862 and inserting the following:
``3862. Requests for equitable adjustment or other relief.''.
(c) Conforming Regulations.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition Regulation
to implement the requirements of section 3862 of title 10, United
States Code, as amended by subsection (a).
(d) Conforming Policy Guidance.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise applicable policy guidance on other transactions to implement
the requirements of section 3862 of title 10, United States Code, as
amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.
(a) In General.--Section 4324(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G),
and (J), respectively;
(2) by designating the matter preceding subparagraph (A), as so
redesignated, as paragraph (1);
(3) in paragraph (1), as so designated--
(A) in the matter preceding subparagraph (A), as so
redesignated--
(i) by inserting ``In general.--'' before ``Before
granting''; and
(ii) by inserting ``for which the milestone decision
authority has received views from appropriate materiel,
logistics, or fleet representatives'' after ``approved life
cycle sustainment plan'';
(B) by amending subparagraph (G), as so redesignated, to
read as follows:
``(G) an intellectual property management plan for product
support, including requirements for technical data, software,
and modular open system approaches (as defined in section 4401
of this title);'';
(C) by inserting after subparagraph (G), as so
redesignated, the following new subparagraphs:
``(H) an estimate of the number of personnel needed to
operate and maintain the covered system, including military
personnel, Federal employees, contractors, and host nation
support personnel (as applicable);
``(I) a description of opportunities for foreign military
sales; and''; and
(4) by adding at the end of paragraph (1), as so designated,
the following new paragraph:
``(2) Subsequent phases.--Before granting Milestone C approval
(or the equivalent) for the covered system, the milestone decision
authority shall ensure that the life cycle sustainment plan
required by paragraph (1) for such covered system has been updated
to include views received by the milestone decision authority from
appropriate materiel, logistics, or fleet representatives.''.
(b) Milestone C Approval Defined.--Section 4324(d) of title 10,
United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Milestone c approval.--The term `Milestone C approval'
has the meaning given that term in section 4172(e)(8) of this
title.''.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS FROM
REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.
(a) Defense Contracts.--Section 4701 of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(G), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor''; and
(B) in paragraph (3)(A), by striking ``or subcontractor''
and inserting ``, subcontractor, grantee, subgrantee, or
personal services contractor'';
(2) in subsection (b)(1), by striking ``contractor concerned''
and inserting ``contractor, subcontractor, grantee, subgrantee, or
personal services contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``contractor concerned'' and inserting
``contractor, subcontractor, grantee, subgrantee, or
personal services contractor concerned'';
(ii) in subparagraph (A), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iii) in subparagraph (B), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor'';
(iv) in subparagraph (C), by inserting ``,
subcontractor, grantee, subgrantee, or personal services
contractor'' after ``contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against
any official of the Department of Defense.''; and
(B) in paragraph (2), by inserting ``, subcontractor,
grantee, subgrantee, or personal services contractor'' after
``contractor'';
(4) in subsection (d), by striking ``and subcontractors'' and
inserting ``, subcontractors, grantees, subgrantees, or personal
services contractors'';
(5) in subsection (e)(2)--
(A) in the matter preceding subparagraph (A), by striking
``or grantee of'' and inserting ``grantee, subgrantee, or
personal services contractor of''; and
(B) in subparagraph (B), by striking ``or grantee'' and
inserting ``grantee, or subgrantee''; and
(6) in subsection (g)(5), by inserting ``or grants'' after
``contracts''.
(b) Civilian Contracts.--Section 4712 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``or subgrantee'' and
inserting ``subgrantee,'';
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor''; and
(C) in paragraph (3), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(2) in subsection (b)(1), by striking ``or subgrantee
concerned'' and inserting ``subgrantee, or personal services
contractor concerned'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``or subgrantee concerned'' and inserting
``subgrantee, or personal services contractor concerned'';
(ii) in subparagraph (A), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor'';
(iii) in subparagraph (B), by striking ``or
subgrantee'' and inserting ``subgrantee, or personal
services contractor'';
(iv) in subparagraph (C), by striking ``or subgrantee''
and inserting ``subgrantee, or personal services
contractor''; and
(v) by inserting at the end the following new
subparagraph:
``(D) Consider disciplinary or corrective action against any
official of the executive agency, if appropriate.''; and
(B) in paragraph (2), by striking ``or subgrantee'' and
inserting ``subgrantee, or personal services contractor'';
(4) in subsection (d), by striking ``and subgrantees'' and
inserting ``subgrantees, and personal services contractors''; and
(5) in subsection (f), by striking ``or subgrantee'' each place
it appears and inserting ``subgrantee, or personal services
contractor''.
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 818 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) is amended
by adding at the end the following new subsection:
``(f) Conditions With Respect to Certain Low-rate Initial
Production.--
``(1) In general.--The number of low-rate initial production
lots associated with a major defense acquisition program may not be
more than one if--
``(A) the milestone decision authority authorizes the use
of a fixed-price type contract at the time of a decision on
Milestone B approval; and
``(B) the scope of the work of the fixed-price type
contract includes both the development and low-rate initial
production of items for such major defense acquisition program.
``(2) Waiver.--The limitation in paragraph (1) may be waived by
the applicable service acquisition executive or a designee of such
executive if--
``(A) such waiver authority is not delegated to the level
of the contracting officer; and
``(B) written notification of a granted waiver, including
the associated rationale, is provided to the congressional
defense committees not later than 30 days after issuance of the
waiver.
``(3) Definitions.--In this subsection:
``(A) The term `low-rate initial production' has the
meaning given under section 4231 of title 10, United States
Code.
``(B) The term `milestone decision authority' has the
meaning given in section 4211 of title 10, United States Code.
``(C) The term `major defense acquisition program' has the
meaning given in section 4201 of title 10, United States Code.
``(D) The term `Milestone B approval' has the meaning given
in section 4172(e) of title 10, United States Code.''.
(b) Modification of Regulations.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense shall
revise the Department of Defense Supplement to the Federal Acquisition
Regulation and any applicable regulations regarding the use of fixed-
price type contracts for a major defense acquisition program (as
defined in section 4201 of title 10, United States Code) to carry out
this section and the amendments made by this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.
(a) In General.--The Secretary of Defense shall institute a defense
acquisition reporting system to replace the requirements of section
4351 of title 10, United States Code, as soon as practicable but not
later than June 30, 2023.
(b) Elements.--The reporting system required under subsection (a)
shall--
(1) produce the information necessary to carry out the actions
specified in chapter 325 of title 10, United States Code;
(2) produce the information necessary to carry out the actions
specified in sections 4217 and 4311 of the Atomic Energy Defense
Act (50 U.S.C. 2537, 2577);
(3) incorporate--
(A) the lessons learned from the demonstration carried out
under subsection (b) of section 805 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1816); and
(B) the plans required under subsection (c) of such section
(Public Law 117-81; 135 Stat. 1817);
(4) provide the congressional defense committees and other
designated Government entities with access to acquisition reporting
that is updated on a not less than quarterly basis; and
(5) include such other information and functions as the
Secretary of Defense determines appropriate to support the
acquisition reporting needs of the Department of Defense.
(c) Conforming Amendments.--The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended--
(1) in section 4217(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''; and
(2) in section 4311(a)(2), by inserting ``or any successor
system,'' after ``United States Code,''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF ENHANCED
REPORTING ON PROPOSED CANCELLATIONS AND MODIFICATIONS TO
MULTIYEAR CONTRACTS.
Section 239c(b) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) through (4) as paragraphs
(2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) A detailed explanation of the rationale for the proposed
cancellation or covered modification of the multiyear contract.''.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS
AND RELATED EFFORTS.
(a) In General.--Section 3072 of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``initiatives'' and
inserting ``efforts'';
(2) by striking ``initiatives'' each place it appears and
inserting ``efforts'';
(3) in subsection (a), by striking ``through 2023'' and
inserting ``through 2026''; and
(4) in subsection (c), in the subsection heading, by striking
``Initiatives'' and inserting ``Efforts''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 10, United States Code, is amended in the item
relating to section 3072 by striking ``initiatives'' and inserting
``efforts''.
SEC. 813. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY.
Section 3136 of title 10, United States Code, is amended by
striking subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT
REFERENCES.
(a) Authority to Acquire Innovative Commercial Products and
Commercial Services Using General Solicitation Competitive
Procedures.--Section 3458(c)(2) of title 10, United States Code, is
amended by striking ``fixed-price incentive fee contracts'' and
inserting ``fixed-price incentive contracts''.
(b) Contractor Incentives to Achieve Savings and Improve Mission
Performance.--Section 832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1746 note) is amended
by striking ``fixed-price incentive fee contracts'' and inserting
``fixed-price incentive contracts''.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH
REQUESTS FOR MULTIYEAR PROCUREMENT AUTHORITY FOR LARGE DEFENSE
ACQUISITIONS.
Section 3501(i)(2) of title 10, United States Code, is amended--
(1) by striking ``shall include'' and all that follows through
``(A) A report'' and inserting ``shall include in the request a
report''; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF
CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.
Section 1684 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a), by striking ``2022 and 2023'' and
inserting ``2022 through 2024''; and
(2) in subsection (b), by striking ``September 30, 2023'' and
inserting ``September 30, 2024''.
SEC. 817. MODIFICATION TO PROHIBITION ON OPERATION OR PROCUREMENT
OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) In General.--Section 848 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4871 note) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new
subsection:
``(b) Prohibition on Certain Contracts.--The Secretary of Defense
may not enter into a contract (or extend or renew a contract) on or
after October 1, 2024, with an entity that operates (as determined by
the Secretary or the Secretary's designee) equipment from a covered
unmanned aircraft system company in the performance of a Department of
Defense contract.'';
(3) in subsection (c) (as so redesignated), by striking ``the
restriction under subsection (a) if the operation or procurement''
and inserting ``any restrictions under subsection (a) or (b) if the
operation, procurement, or contracting action'';
(4) in subsection (d) (as so redesignated)--
(A) by inserting ``(or the Secretary's designee)'' after
``The Secretary of Defense'';
(B) by striking ``the restriction'' and all that follows
through ``basis'' inserting ``any restrictions under
subsections (a) or (b)''; and
(C) by striking ``operation or procurement'' and inserting
``operation, procurement, or contracting action''; and
(5) in subsection (e) (as so redesignated)--
(A) by amending paragraph (1) to read as follows:
``(1) Covered foreign country.--The term `covered foreign
country' means any of the following:
``(A) the People's Republic of China.
``(B) The Russian Federation.
``(C) The Islamic Republic of Iran.
``(D) The Democratic People's Republic of Korea.''; and
(B) by adding at the end the following new paragraph:
``(3) Covered unmanned aircraft system company.--The term
`covered unmanned aircraft system company' means any of the
following:
``(A) Da-Jiang Innovations (or any subsidiary or affiliate
of Da-Jiang Innovations).
``(B) Any entity that produces or provides unmanned
aircraft systems and is included on Consolidated Screening List
maintained by the International Trade Administration of the
Department of Commerce.
``(C) Any entity that produces or provides unmanned
aircraft systems and--
``(i) is domiciled in a covered foreign country; or
``(ii) is subject to unmitigated foreign ownership,
control or influence by a covered foreign country, as
determined by the Secretary of Defense unmitigated foreign
ownership, control or influence in accordance with the
National Industrial Security Program (or any successor to
such program).''.
(b) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue policy to--
(1) implement the requirements of section 848 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92;
10 U.S.C. 4871 note), as amended by this section, including by
establishing a due diligence process for the Department of Defense
to make determinations required by subsection (b) of such section
848 (as amended by this section); and
(2) establish an appeal process for any offerors or awardees
with which the Secretary has not entered into a contract or has not
extended or renewed a contract pursuant to subsection (b) of such
section 848 (as amended by this section).
SEC. 818. EXTENSION OF PILOT PROGRAM TO ACCELERATE CONTRACTING AND
PRICING PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), as most recently amended
by section 1831(j)(7) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-238; 134
Stat. 4217), is further amended--
(1) in subsection (a)(2), by striking ``of'' before ``chapter
271''; and
(2) in subsection (c), by striking ``January 2, 2023'' and
inserting ``January 2, 2024''.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND
SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended--
(1) in subsection (a), by striking ``six-year pilot program''
and inserting ``seven-year pilot program''; and
(2) in subsection (g), by striking ``six years'' and inserting
``seven years''.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH THE
ENEMY.
Subtitle E of title VIII of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 10 U.S.C. 4871 note prec.) is amended--
(1) in section 841--
(A) in subsection (i)(1)--
(i) in the matter preceding subparagraph (A), by
striking ``2016, 2017, and 2018'' and inserting ``2023, and
annually thereafter''; and
(ii) by adding at the end the following new
subparagraphs:
``(C) Specific examples where the authorities under this
section can not be used to mitigate national security threats
posed by vendors supporting Department operations because of
the restriction on using such authorities only with respect to
contingency operations.
``(D) A description of the policies ensuring that oversight
of the use of the authorities in this section is effectively
carried out by a single office in the Office of the Under
Secretary of Defense for Acquisition and Sustainment.''; and
(B) in subsection (n), by striking ``December 31, 2023''
and inserting ``December 31, 2025''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and 2018''
and inserting ``2023, 2024, and 2025''.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE
DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN REVIEWS.
Section 847(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended--
(1) by striking ``Requirement.--'' and all that follows through
``Each request'' and inserting ``Requirement.--Each request''; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF
DUE TO INFLATION IMPACTS.
(a) Contract Modification Authority.--The first section of Public
Law 85-804 (50 U.S.C. 1431) is amended--
(1) by striking ``That the President'' and inserting the
following:
``Section 1. (a) That the President'';
(2) by striking ``an amount in excess of $50,000'' and
inserting ``an amount in excess of $500,000'';
(3) by striking ``any amount in excess of $25,000,000'' and
inserting ``an amount in excess of $150,000,000''; and
(4) by inserting after subsection (a) (as added by paragraph
(1)) the following new subsections:
``(b) Temporary Authority to Modify Certain Contracts and Options
Based on the Impacts of Inflation.--Only amounts specifically provided
by an appropriations Act for the purposes detailed in subsections (c)
and (d) of this section may be used by the Secretary of Defense to
carry out such subsections.
``(c)(1) The Secretary of Defense, acting pursuant to a
Presidential authorization under subsection (a) and in accordance with
subsection (b)--
``(A) may, notwithstanding subsection (e) of section 2 of this
Act (50 U.S.C. 1432(e)), make an amendment or modification to an
eligible contract when, due solely to economic inflation, the cost
to a prime contractor of performing such eligible contract is
greater than the price of such eligible contract; and
``(B) may not request consideration from such prime contractor
for such amendment or modification.
``(2) A prime contractor may submit to the Secretary of Defense a
request for an amendment or modification to an eligible contract
pursuant to subsection (a) when, due solely to economic inflation, the
cost to a covered subcontractor of performing an eligible subcontract
is greater than the price of such eligible subcontract. Such request
shall include a certification that the prime contractor--
``(A) will remit to such covered subcontractor the difference,
if any, between the original price of such eligible contract and
the price of such eligible contract if the Secretary of Defense
makes an amendment or modification pursuant to subsection (a); and
``(B) will not require such covered subcontractor to pay
additional consideration or fees related to such amendment or
modification.
``(3) If a prime contractor does not make the request described in
paragraph (2), a covered subcontractor may submit to a contracting
officer of the Department of Defense a request for an amendment or
modification to an eligible subcontract when, due solely to economic
inflation, the cost to such covered subcontractor of performing such
eligible subcontract is greater than the price of such eligible
subcontract.
``(d) Any adjustment or modification made pursuant to subsection
(c) to an eligible contract or an eligible subcontract shall--
``(1) be contingent upon the continued performance, as
applicable, of such eligible contract or such eligible subcontract;
and
``(2) account only for the actual cost of performing such
eligible contract or such eligible subcontract, but may account for
indirect costs of performance, as the Secretary of Defense
determines appropriate.
``(e) The authority under subsections (c) and (d) shall be
effective during the period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2023 and ending
on December 31, 2023.
``(f) In this section:
``(1) The term `covered subcontractor' means a subcontractor
who has entered into an eligible subcontract with a prime
contractor.
``(2) The term `eligible contract' means a contract awarded to
a prime contractor by the Secretary of Defense pursuant to
subsection (a).
``(3) The term `eligible subcontract' means a subcontract made
under an eligible contract to a covered subcontractor.''.
(b) Guidance.--Not later than 90 days after the date of the
enactment of an Act providing appropriations to carry out section 1 of
Public Law 85-804 (50 U.S.C. 1431) (as added by subsection (a)), the
Under Secretary of Defense for Acquisition and Sustainment shall issue
guidance implementing the authority under subsections (b) through (d)
of section 1 of Public Law 85-804 (50 U.S.C. 1431) (as added by
subsection (a)).
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR
ACQUISITION WORKFORCE EXCELLENCE.
(a) Participation in the Public-private Talent Exchange Program.--
(1) In general.--Section 1701a(b) of title 10, United States
Code, is amended--
(A) in paragraph (9)(C), by striking ``and'' at the end;
(B) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(11) ensure the participation in the public-private talent
exchange program established under section 1599g of this title of
up to 250 members of the acquisition workforce in each fiscal
year.''.
(2) Technical amendment.--Section 1701a(b)(2) of title 10,
United States Code, is further amended by striking ``as defined''
and all that follows through ``this title'' and inserting ``as
defined in section 3001 of this title''.
(b) Enhanced Pay Authority for Positions in Department of Defense
Field Activities and Defense Agencies.--Section 1701b(e)(2) of title
10, United States Code, is amended to read as follows:
``(2) Number of positions.--The authority in subsection (a) may
not be used at any one time with respect to--
``(A) more than five positions, in total, in Department of
Defense Field Activities and Defense Agencies;
``(B) more than five positions in the Office of the
Secretary of Defense; and
``(C) more than five positions in each military
department.''.
(c) Report on Public-private Talent Exchanges.--Section 1599g of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(k) Report.--Each member of the acquisition workforce that
participates in the program established under this section shall, upon
completion of such participation, submit to the President of the
Defense Acquisition University for inclusion in the report required
under section 1746a(e) a description and evaluation of such
participation.''.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.
(a) In General.--Section 1746 of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) The Secretary of Defense shall ensure the defense acquisition
university structure includes relevant expert lecturers from extramural
institutions (as defined in section 1746a(g) of this title), industry,
or federally funded research and development centers to advance
acquisition workforce competence regarding commercial business
interests, acquisition process-related innovations, and other relevant
leading practices of the private sector.'';
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(2) in subsection (c), by striking ``commercial training
providers'' and inserting ``extramural institutions (as defined in
section 1746a(g) of this title)''; and
(3) by adding at the end the following new subsection:
``(e) President Appointment.--(1) The Under Secretary of Defense
for Acquisition and Sustainment shall appoint the President of the
Defense Acquisition University.
``(2) When determining who to appoint under paragraph (1), the
Under Secretary of Defense for Acquisition and Sustainment shall, in
consultation with the Under Secretary of Defense for Research and
Engineering and the service acquisition executives, prioritize highly
qualified candidates who demonstrate a combination of the following:
``(A) Leadership abilities.
``(B) Experience using leading practices to develop talent in
the private sector.
``(C) Other qualifying factors, including experience with and
an understanding of the defense acquisition system (as defined in
section 3001 of this title), an understanding of emerging
technologies and the defense applications of such technologies,
experience partnering with States, national associations, and
academia, and experience with learning technologies.
``(3) The term of the President of the Defense Acquisition
University shall be not more than five years, unless the Under
Secretary of Defense for Acquisition and Sustainment determines it
necessary to extend the term for up to an additional five years. The
preceding sentence does not apply to the President of the Defense
Acquisition University serving on January 1, 2022.''.
(b) Implementation Report.--Not later than March 1, 2023, the
Secretary of Defense shall submit to the congressional defense
committees a plan to modify the defense acquisition university
structure to comply with section 1746(b)(2) of title 10, United States
Code, as amended by subsection (a). Such plan shall establish a date of
not later than March 1, 2026, for such modification to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.
Section 2200g of title 10, United States Code, is amended--
(1) by striking ``For the purposes of'' and all that follows
through ``establish and maintain'' and inserting the following:
``The Secretary of Defense, acting through the Under Secretary for
Defense for Acquisition and Sustainment, shall establish and
maintain'';
(2) by designating the text of such section, as amended by
paragraph (1), as subsection (a); and
(3) by adding at the end the following new subsections:
``(b) Purpose.--The purpose of the Defense Civilian Training Corps
is to target critical skills gaps necessary to achieve the objectives
of the national defense strategies required by section 113(g) of this
title and the national security strategies required by section 108 of
the National Security Act of 1947 (50 U.S.C. 3043) by preparing
students selected for the Defense Civilian Training Corps for
Department of Defense careers relating to acquisition, digital
technologies, critical technologies, science, engineering, finance, and
other civilian occupations determined by the Secretary of Defense.
``(c) Use of Resources and Programs.--The Under Secretary of
Defense for Acquisition and Sustainment may leverage the resources and
programs of the acquisition research organization within a civilian
college or university that is described under section 4142(a) of this
title (commonly referred to as the `Acquisition Innovation Research
Center') to carry out the requirements of this chapter.''.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO TRAINING ON,
AND AGREEMENTS WITH, CERTAIN START-UP BUSINESSES.
(a) Training.--
(1) Curricula.--Not later than one year after the date of the
enactment of this Act, the Director of the Acquisition Innovation
Research Center shall make recommendations on one or more curricula
for members of the acquisition workforce on financing and
operations of start-up businesses, which may include the
development of new curricula, the modification of existing
curricula, or the adoption of curricula from another agency,
academia, or the private sector.
(2) Elements.--Courses under curricula recommended under
paragraph (1) shall be offered with varying course lengths and
level of study.
(3) Incentives.--The Secretary of Defense shall develop a
program to offer incentives to a member of the acquisition
workforce that completes a curriculum developed, modified, or
adopted under paragraph (1).
(4) Additional training materials.--In recommending curricula
under paragraph (1), the Director of the Acquisition Innovation
Research Center shall consider and incorporate appropriate training
materials from university, college, trade-school, or private-sector
curricula in business, law, or public policy.
(b) Exchanges.--
(1) In general.--The Secretary of Defense shall establish a
pilot program under which the Secretary shall, in accordance with
section 1599g of title 10, United States Code, arrange for the
temporary assignment of--
(A) one or more members of the acquisition workforce to a
start-up business; or
(B) an employee of a start-up business to an office of the
Department of Defense.
(2) Priority.--The Secretary shall prioritize for participation
in the pilot program described under paragraph (1)(A) members of
the acquisition workforce who have completed a curriculum required
under paragraph (1).
(3) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is three
years after the date of the enactment of this Act.
(c) Conferences.--The Secretary of Defense shall identify existing
conferences sponsored by the Department of Defense that might be
expanded to include opportunities for sharing knowledge and best
practices on software acquisition issues. Such opportunities shall
maximize participation between members of the acquisition workforce,
employees of start-up businesses, and investors in start-up businesses.
(d) Pilot Program.--
(1) Establishment.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Defense shall establish
a pilot program to test the feasibility of innovative approaches to
negotiating and establishing intellectual property and data rights
in agreements with start-up businesses for the procurement of
software and software-embedded systems.
(2) Authority.--To the maximum extent practicable, the
Secretary shall--
(A) ensure that a member of the acquisition workforce who
has completed a curriculum required under subsection (a) is
able to exercise authority to apply an approach described in
paragraph (1); and
(B) provide incentives to such member to exercise such
authority.
(3) Elements.--An approach described in paragraph (1) shall
include the following:
(A) Flexible and tailored requirements relating to the
acquisition and licensing of intellectual property and data
rights in the software and software-embedded systems to be
acquired under the agreement.
(B) An identification and definition of the technical
interoperability standards required for such software and
software-embedded systems.
(C) Flexible mechanisms for access and delivery of code for
such software, including documentation of the costs and
benefits of each such mechanism.
(4) Termination.--The Secretary may not carry out the pilot
program authorized by this subsection after the date that is 5
years after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) The term ``Acquisition Innovation Research Center'' means
the acquisition research organization within a civilian college or
university that is described under section 4142(a) of title 10,
United States Code.
(2) The term ``acquisition workforce'' has the meaning given in
section 101 of title 10, United States Code.
(3) The term ``start-up business'' means a small business that
has been in existence for 5 years or less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY
SOFTWARE OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.
(a) Curricula.--The President of the Defense Acquisition
University, shall supplement existing training curricula related to
software acquisitions and cybersecurity software or hardware
acquisitions and offer such curricula to covered individuals to
increase digital literacy related to such acquisitions by developing
the ability of such covered individuals to use technology to identify,
critically evaluate, and synthesize data and information related to
such acquisitions.
(b) Elements.--Curricula developed pursuant to subsection (a) shall
provide information on--
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine
learning, distributed ledger technologies, and quantum
technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat
reduction, vulnerability reduction, deterrence, incident response,
resiliency, and recovery policies and activities, including
activities relating to computer network operations, information
assurance, military missions, and intelligence missions to the
extent such activities relate to the security and stability of
cyberspace; and
(4) the industry best practices relating to software
acquisitions and cybersecurity software or hardware acquisitions.
(c) Plan.--Not later than 180 days after enactment of this Act, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a comprehensive plan
to implement the curricula developed under subsection (a) that includes
a comparison with similar existing training curricula. Such plan shall
include a list of resources required for and costs associated with such
implementation, including--
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) Implementation.--Not later than one year after the date on
which the plan described in subsection (d) is submitted to the
Committees on Armed Services of the Senate and House of
Representatives, the President of the Defense Acquisition University
shall offer the curricula developed under subsection (a) to covered
individuals.
(e) Report.--Not later than one year after the date on which the
plan described in subsection (d) is submitted to the Committees on
Armed Services of the Senate and House of Representatives, the
Secretary of Defense, in consultation with the President of the Defense
Acquisition University, shall submit to Congress a report assessing the
costs and benefits of requiring all covered individuals to complete the
curricula developed under subsection (a).
(f) Covered Individuals Defined.--In this section, the term
``covered individuals'' means an individual serving in a position
designated under section 1721(b) of title 10, United States Code, who
is regularly consulted for software acquisitions or cybersecurity
software or hardware acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR INDUSTRIAL
SKILLS PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Industrial Base Analysis and Sustainment program of the Department of
Defense, shall evaluate and further develop workforce development
training programs (as defined by the Secretary of Defense) for training
the skilled industrial workers (as defined by the Secretary of Defense)
that are needed in the defense industrial base through the National
Imperative for Industrial Skills program of the Department of Defense
(or a successor program).
(b) Priorities.--In carrying out this section, the Secretary shall
prioritize workforce development training programs that--
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment
with entities in the defense industrial base faster than
traditional workforce development training programs and at the
scale needed to measurably reduce, as rapidly as possible, the
shortages of skilled industrial workers in the defense industrial
base, including modernization of required equipment and training
curricula;
(3) recruit skilled industrial workers who are manufacturing
workers from underrepresented communities;
(4) provide students and skilled industrial workers with the
support needed to successfully participate in the defense
industrial base;
(5) address the specific manufacturing requirements and skills
that are unique to critical industrial sectors of the defense
industrial base as defined by the Secretary of Defense, such as
naval shipbuilding; and
(6) with respect to Federal workforce development training
programs in existence on or before the date of the enactment of
this Act--
(A) maximize the use of such Federal workforce development
training programs; or
(B) expand on the activities of such Federal workforce
development training programs.
Subtitle D--Provisions Relating to Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR LICENSING
OF INTELLECTUAL PROPERTY.
Section 3791 of title 10, United States Code, is amended--
(1) in the section heading, by striking ``department of
defense'' and inserting ``Department of Defense''; and
(2) by adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
develop guidelines and resources on the acquisition or licensing of
intellectual property, including--
``(A) intellectual property strategies and other mechanisms
supporting the use of modular open system approaches (as
defined in section 4401(b) of this title);
``(B) evaluation and negotiation of intellectual property
licenses in competitive and non-competitive awards;
``(C) models and best practices for specially negotiated
licenses, including specially negotiated licenses described in
section 3774(c) of this title; and
``(D) definitions, key terms, examples, and case studies
that clarify differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data;
``(iii) data required for operations, maintenance,
installation, and training;
``(iv) modular system interfaces (as defined in section
4401(b) of this title); and
``(v) technical data pertaining to an interface between
an item or process and other items or processes necessary
for the segregation of an item or process from, or the
reintegration of that item or process (or a functionally
equivalent item or process) with, other items or processes.
``(2) Guidelines and resources limit.--The guidelines and
resources developed under paragraph (1) may not alter or affect any
authority or duty under this section or section 1707 of this title.
``(3) Review and consultation.--In developing the guidelines
and resources described in paragraph (1), the Secretary shall--
``(A) review the applicable statutory and regulatory
history, including among the definitions and key terms in
section 3771 of this title, to ensure consistency; and
``(B) regularly consult with appropriate government and
industry persons and organizations.
``(4) Training.--The Secretary of Defense shall ensure that the
acquisition workforce receives training on the guidelines and
resources developed under paragraph (1).''.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO
CARRY OUT CERTAIN PROTOTYPE PROJECTS.
Section 4022 of title 10, United States Code, is amended--
(1) in subsection (a)(2)--
(A) by striking ``, and any follow-on production contract
or transaction that is awarded pursuant to subsection (f),''
both places it appears;
(B) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant to
subsection (f) and expected to cost the Department of Defense in
excess of $100,000,000 (including all options) only if a covered
official--
``(i) determines in writing that--
``(I) the requirements of subsection (d) will be met;
and
``(II) the use of the authority of this section is
essential to meet critical national security objectives;
and
``(ii) notifies the congressional defense committees in
writing of the determinations required under clause (i) at the
time such authority is exercised.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following new paragraph:
``(1) The term `covered official' means--
``(A) a service acquisition executive;
``(B) the Director of the Defense Advanced Research
Projects Agency;
``(C) the Director of the Missile Defense Agency;
``(D) the Undersecretary of Defense for Acquisition and
Sustainment; or
``(E) the Undersecretary of Defense for Research and
Engineering.''; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
``(3) The term `service acquisition executive' has the meaning
given that term in section 101(a) of this title.''; and
(3) in subsection (f)(2), in the matter preceding subparagraph
(A), by striking ``of section 2304 of this title,'' and inserting
the following: ``of chapter 221 of this title and even if explicit
notification was not listed within the request for proposal for the
transaction''.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.
Section 4022 of title 10, United States Code, as amended by section
842, is further amended--
(1) in subsection (a)(1), by striking ``military personnel and
the supporting'' and inserting ``personnel of the Department of
Defense or improving'';
(2) in subsection (e), by adding at the end the following new
paragraph:
``(5) The term `prototype project' includes a project that
addresses--
``(A) a proof of concept, model, or process, including a
business process;
``(B) reverse engineering to address obsolescence;
``(C) a pilot or novel application of commercial
technologies for defense purposes;
``(D) agile development activity;
``(E) the creation, design, development, or demonstration
of operational utility; or
``(F) any combination of subparagraphs (A) through (E).'';
and
(3) by adding at the end the following new subsection:
``(i) Pilot Authority for Use of Other Transactions for
Installation or Facility Prototyping.--
``(1) In general.--The Secretary of Defense or the Secretary of
a military department may establish a pilot program under which the
Secretary may, under the authority of this section, carry out
prototype projects that are directly relevant to enhancing the
ability of the Department of Defense to prototype the design,
development, or demonstration of new construction techniques or
technologies to improve military installations or facilities (as
such terms are defined in section 2801 of this title).
``(2) Limits.--In carrying out prototype projects under the
pilot program established under paragraph (1)--
``(A) not more than two prototype projects may begin to be
carried out per fiscal year under such pilot program; and
``(B) the aggregate value of all transactions entered into
under such pilot program may not exceed $200,000,000.
``(3) Sunset.--
``(A) In general.--Except as provided in subparagraph (B),
the authority to carry out prototype projects under the pilot
program established under paragraph (1) shall terminate on
September 30, 2025.
``(B) Ongoing project exception.--Subparagraph (A) shall
not apply with respect to prototype projects being carried out
under the pilot program established under paragraph (1) on the
date described in subparagraph (A).''.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.
Section 4025 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that have'' and inserting ``that--''
``(1) have'';
(B) by striking ``Defense.'' and inserting ``Defense; or'';
and
(C) by adding at the end the following new paragraph:
``(2) demonstrate management practices that improve the
schedule or performance, reduce the costs, or otherwise support the
transition of technology into acquisition programs or operational
use.'';
(2) in subsection (b), by striking ``of research results,
technology developments, and prototypes'';
(3) in subsection (d), by striking ``to acquire, support, or
stimulate basic, advanced and applied research, technology
development, or prototype projects'';
(4) in subsection (f), by striking ``section 2304'' and
inserting ``chapter 221''; and
(5) in subsection (g)(2)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) if applicable, a summary of the management practice
that contributed to an improvement to schedule or performance
or a reduction in cost relating to the transition of
technology;
``(C) an identification of any program executive officer
(as defined in section 1737 of this title) responsible for
implementation or oversight of research results, technology
development, prototype development, or management practices (as
applicable) for which an award was made under this section, and
a brief summary of lessons learned by such program executive
officer in carrying out such implementation or oversight;''.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE
TECHNOLOGIES.
Section 834 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1835; 10 U.S.C. 4061 note) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Congressional Notification.--The Secretary of Defense shall
notify the congressional defense committees within 30 days after
funding has been provided for a proposal selected for an award under
the pilot program established under this section.''.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter until December 31, 2028,
the Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Chief Information Officer of the Department of
Defense and the Chief Digital and Artificial Intelligence Officer,
shall submit to the congressional defense committees a report on the
following:
(1) A description of covered software delivered during the
fiscal year preceding the date of the report that is being
developed using iterative development, including a description of
the capabilities delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development and
a description of the development method used.
(3) For such covered software being developed using iterative
development, the frequency with which capabilities of such covered
software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were delivered
during period of less than three months.
(B) Covered software for which capabilities were delivered
during period of more than three months and less than six
months.
(C) Covered software for which capabilities were delivered
during period of more than six months and less than nine
months.
(D) Covered software for which capabilities were delivered
during period of more than nine months and less than 12 months.
(4) With respect to covered software described in paragraph (3)
for which capabilities of such covered software were not delivered
in fewer than 12 months, an explanation of why such delivery was
not possible.
(b) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means--
(A) the official designated as the Chief Digital and
Artificial Intelligence Officer of the Department of Defense
pursuant to the memorandum of the Secretary of Defense titled
``Establishment of the Chief Digital and Artificial
Intelligence Officer'' dated December 8, 2021; or
(B) if there is no official designated as such Officer, the
official within the Office of the Secretary of Defense with
primary responsibility for digital and artificial intelligence
matters.
(2) The term ``covered software'' means software that is being
developed that--
(A) was acquired using a software acquisition pathway
established under section 800 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92); or
(B) is a covered defense business system, as defined in
section 2222(i) of title 10, United States Code.
(3) The term ``iterative development'' has the meaning given
the term ``agile or iterative development'' in section 891 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
10 115-91; 131 Stat. 1509; 10 U.S.C. 1746 note).
Subtitle E--Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
Section 4801(1) of title 10, United States Code, is amended by
inserting ``New Zealand,'' after ``Australia,''.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED STATES GOODS.
Section 4864 of title 10, United States Code, as amended by section
853, is further amended by adding at the end the following new
subsection:
``(l) Periodic Review.--
``(1) Recommendation.--Not later than November 1, 2024, and
every five years thereafter, the Under Secretary of Defense for
Acquisition and Sustainment shall review each item described in
subsections (a) and (e) of this section and submit to the
congressional defense committees, in writing, one of the following
recommendations:
``(A) Recommend continued inclusion of the item under this
section.
``(B) Recommend continued inclusion of the item under this
section with modifications.
``(C) Recommend discontinuing inclusion of the item under
this section.
``(2) Elements.--Each review required under paragraph (1) shall
include, with respect to the five-year period preceding the date of
submission of the written determination related to such a review,
the following elements:
``(A) The criticality of the item reviewed to a military
unit's mission accomplishment or other national security
objectives.
``(B) The extent to which such item is fielded in current
programs of record.
``(C) The number of such items to be procured by current
programs of record.
``(D) The extent to which cost and pricing data for such
item has been deemed fair and reasonable.
``(3) Justification.--The written determination required under
paragraph (1) shall also include the findings of the applicable
review conducted under such paragraph and any key justifications
for the recommendation.''.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN COMPONENTS
FOR CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.
(a) Requirement That Certain Auxiliary Ship Components Be
Manufactured in the National Technology and Industrial Base.--
(1) Technical amendment.--Section 4864 of title 10, United
States Code, is amended by redesignating subsection (l) (relating
to ``Implementation of auxiliary ship component limitation'') as
subsection (k).
(2) Components for auxiliary ships.--Paragraph (4) of section
4864(a) of title 10, United States Code, is amended--
(A) in the subsection heading, by inserting ``and T-ARC''
after ``T-AO 205''; and
(B) by inserting ``and T-ARC'' after ``T-AO 205''.
(b) Regulations.--Not later than June 1, 2023, the Secretary of
Defense shall issue regulations for carrying out section 4864(j) of
title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE
PROGRAM.
(a) Administrative and Other Logistical Costs.--Section 4961 of
title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``Director of the Defense Logistics Agency'' and inserting
``Secretary'';
(2) in paragraph (1), by striking ``three'' and inserting
``four''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by striking
``Director'' and inserting ``Secretary''; and
(B) in subparagraph (A), by inserting ``, including
meetings of an association recognized under section 4954(f),''
after ``meetings''.
(b) Cooperative Agreements.--Section 4954 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
``(f) Association Recognition and Duties.--Eligible entities that
provide procurement technical assistance pursuant to this chapter may
form an association to pursue matters of common concern. If more than a
majority of such eligible entities are members of such an association,
the Secretary shall--
``(1) rec