H.R. 7900 — Introduced in House → Reported in House

Sec. 2 Organization of Act into divisions; table of contents

(a)

added Divisions— This Act is organized into five divisions as follows:

(1)

added Division A—Department of Defense Authorizations.

(2)

added Division B—Military Construction Authorizations.

(3)

added Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

added Division D—Funding Tables.

(5)

added Division E—Non-Department of Defense Matters

(b)

added Table of contents— The table of contents for this Act is as follows:

removed ~~The table of contents for this Act is as follows:~~

Sec. 3 Congressional defense committees

added

added 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. 101 Authorization of appropriations

changed Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the ~~Army~~ Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as ~~follows:~~specified in the funding table in section 4101.

(1)

removed ~~For aircraft, $2,849,655,000.~~

(2)

removed ~~For missiles, $3,761,915,000.~~

(3)

removed ~~For ammunition, $2,639,051,000.~~

(4)

removed ~~For weapons and tracked combat vehicles, $3,576,030,000.~~

(5)

removed ~~For other procurement, $8,457,509,000.~~

Sec. 102 Navy and Marine Corps

removed

removed ~~Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the Navy and Marine Corps as follows:~~

(1)

removed ~~For aircraft, $16,848,428,000.~~

(2)

removed ~~For shipbuilding and conversion, $27,917,854,000.~~

(3)

removed ~~For ammunition procurement, Navy and Marine Corps, $1,052,292,000.~~

(4)

removed ~~For weapons, $4,738,705,000.~~

(5)

removed ~~For other procurement, $11,746,503,000.~~

(6)

removed ~~For procurement, Marine Corps, $3,681,506,000.~~

Sec. 103 Air Force and Space Force

removed

removed ~~Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the Air Force and Space Force as follows:~~

(1)

removed ~~For aircraft, $18,517,428,000.~~

(2)

removed ~~For missiles, $2,962,417,000.~~

(3)

removed ~~For ammunition, $903,630,000.~~

(4)

removed ~~For other procurement, $25,691,113,000.~~

Sec. 111 Requirements relating to EA–18G aircraft of the Navy

added

added Section 8062 of title 10, United States Code, is amended—

(1)

added by redesignating subsection (f) as subsection (g); and

(2)

added by inserting after subsection (e) the following new subsection:

added “(f)

added “(1)

added “(A) The Secretary of the Navy may not—

added “(i) retire an EA–18G aircraft;

added “(ii) prepare to retire an EA–18G aircraft;

added “(iii) place an EA–18G aircraft in active storage status or inactive storage status; or

added “(iv) keep an EA–18G aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions.

added “(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.

added “(2)

added “(A) Beginning on October 1, 2022, 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.

added “(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.

added “(C) In this paragraph, the term “primary mission aircraft inventory” means aircraft assigned to meet the primary aircraft authorization—

added “(i) to a unit for the performance of its wartime mission;

added “(ii) to a training unit for technical and specialized training for crew personnel or leading to aircrew qualification;

added “(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

added “(iv) to meet requirements for missions not otherwise specified in clauses (i) through (iii).”

Sec. 112 Multiyear procurement authority for Arleigh Burke class destroyers

added

(a)

added Findings; sense of Congress—

(1)

added Findings— Congress makes the following findings:

(A)

added The DDG Flight III destroyer is the most capable large surface combatant in the world-wide inventory of the Department of Defense.

(B)

added The Department plans to retire 18 large surface combatants over the next five years.

(C)

added Under the future-years defense plan, the Department plans to procure two DDGs per year over the next five years.

(2)

added Sense of Congress— It is the sense of Congress that—

(A)

added the loss of aggregate fire power due to the retirement of 18 large surface combatants over the next five years is cause for concern;

(B)

added the Department should continue to procure large surface combatants at the fastest possible rate based on industrial base capacity; and

(C)

added the Department should maximize savings and provide stability to the large surface combatant industrial base through the use of multiyear procurement contracts for the maximum number of ships, realized at a consistent number of ships per year.

(b)

added 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.

(c)

added 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 (b), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

(d)

added Condition for out-year contract payments— A contract entered into under subsection (b) 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.

(e)

added Limitation— The Secretary of the Navy may not modify a contract entered into under subsection (b) 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 or the destroyer under subsection (b).

Sec. 113 Authority for procurement of additional Arleigh Burke class destroyer

added

(a)

added Procurement authority— The Secretary of the Navy may procure one Arleigh Burke class Flight III guided missile destroyer, in addition to any other procurement of such destroyers otherwise authorized by law, to be procured either—

(1)

added as an addition to the contract covering up to 15 such destroyers authorized to be procured under section 112 of this Act; or

(2)

added under a separate contract entered into in fiscal year 2023.

(b)

added Incremental funding— With respect to a contract for the procurement of the destroyer authorized under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.

(c)

added Condition for out-year contract payments— A contract for the procurement of the destroyer authorized 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.

Sec. 114 Authority for certain procurements for the Ship-to-Shore Connector program

added

(a)

added Contract authority— The Secretary of the Navy may enter into one or more contracts, beginning with fiscal year 2023, for the procurement of up to 25 Ship-to-Shore Connector class craft and associated material.

(b)

added Liability— Any contract entered into under subsection (a) shall provide that—

(1)

added 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)

added that total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.

Sec. 115 Authority to procure airframes and engines for CH–53K King Stallion heavy-lift helicopters

added

(a)

added Contract authority— During fiscal years 2023 and 2024, the Secretary of the Navy may enter into—

(1)

added a single contract for the procurement of up to 30 airframes in support of the CH–53K heavy-lift helicopter program; and

(2)

added a single contract for the procurement of up to 90 engines in support of such program.

(b)

added Liability— Any contract entered into under subsection (a) shall provide that—

(1)

added 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)

added that total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.

Sec. 116 Prohibition on availability of funds for retirement of HSC–85 aircraft

added

(a)

added Prohibitions— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Navy may be obligated or expended—

(1)

added to retire, prepare to retire, transfer, or place in storage any Helicopter Sea Combat Squadron 85 aircraft (referred to in this section as an “HSC–85 aircraft”); or

(2)

added to make any changes to manning levels with respect to any HSC–85 aircraft squadron.

(b)

added Report required— The Secretary of the Navy, in consultation with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees a report that includes—

(1)

added an explanation of the operational impact of divestment of HSC–85 aircraft on the training and readiness of Navy special warfare units and missions based in the west coast of the United States;

(2)

added the estimated costs of sustaining HSC–85 aircraft at full operational capability from fiscal year 2024 through fiscal year 2028;

(3)

added a proposed cost sharing arrangement between the Navy and the United States Special Operations Command for sustaining HSC–85 aircraft at full operational capabilities from fiscal year 2024 through fiscal year 2028;

(4)

added identification of a replacement capability that would be available if prioritized and directed by the Secretary of Defense and would meet all operational requirements, including special operational-peculiar requirements of the combatant commands, that are fulfilled by HSC–85 aircraft as of the date of the report; and

(5)

added an estimate of the costs and a proposed schedule for establishing the replacement capability identified in paragraph (4) over the period of five years following the date of the report.

Sec. 117 Quarterly briefings on the CH–53K King Stallion helicopter program

added

(a)

added 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 Committee on Armed Services of the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.

(b)

added Elements— Each briefing under subsection (a) shall include, with respect to the CH–53K King Stallion helicopter program, the following:

(1)

added An overview of the program schedule.

(2)

added 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)

added 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)

added 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)

added 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)

added Conforming repeal— Section 132 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1238) is repealed.

Sec. 121 Modification of inventory requirements for aircraft of the combat air forces

added

(a)

added 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)

added A–10 minimum inventory requirements—

(1)

added 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)

added 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)

added 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. 122 Modification of minimum inventory requirement for air refueling tanker aircraft

added

(a)

added Minimum inventory requirement—

(1)

added In general— Section 9062(j) of title 10, United States Code, is amended—

(A)

added by striking “effective October 1, 2019,”; and

(B)

added by striking “479” each place it appears and inserting “466”.

(2)

added Effective date— The amendments made by paragraph (1) shall take effect on October 1, 2022.

(b)

added Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components—

(1)

added 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 the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.

(2)

added 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. 123 Requirements relating to F–22 aircraft

added

added Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(k)

added “(1)

added “(A) The Secretary of the Air Force may not—

added “(i) retire an F–22 aircraft;

added “(ii) prepare to retire an F–22 aircraft; or

added “(iii) 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).

added “(B) The prohibition under subparagraph (A) 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 or mishaps.

added “(2)

added “(A) Beginning on October 1, 2022, the Secretary of the Air Force shall maintain a total aircraft inventory of F–22 aircraft of not less than 186 aircraft.

added “(B) The Secretary of the Air Force may reduce the number of F–22 aircraft in the inventory of the Air Force 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.

added “(3) Not later than October 1, 2029, the Secretary of the Air Force shall ensure that all F–22 aircraft of the Air Force are equipped with—

added “(A) Block 30/35 mission systems, sensors, and weapon employment capabilities; or

added “(B) mission systems, sensors, and weapon employment capabilities more advanced than those described in subparagraph (A).”

Sec. 124 Modification of inventory requirements and limitations relating to certain air refueling tanker aircraft

added

added Section 137 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576) is amended—

(1)

added by striking subsection (b); and

(2)

added by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

Sec. 125 Repeal of Air Force E–8C force presentation requirement

added

added 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. 126 Minimum inventory of C–130 aircraft

added

(a)

added Minimum inventory requirement—

(1)

added 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)

added 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 subsection (a) 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)

added Covered period defined— In this subsection, the term “covered period” means the period—

(A)

added 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)

added ending on October 1, 2028.

(b)

added Prohibition on reduction of C–130 aircraft assigned to National Guard—

(1)

added 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)

added 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. 127 Authority to procure upgraded ejection seats for certain T–38A aircraft

added

added The Secretary of the Air Force is authorized to procure upgraded ejection seats for—

(1)

added 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)

added all T–38A aircraft of the Air Combat Command that have not received an upgraded ejection seat as part of such Program.

Sec. 128 Prohibition on availability of funds for retirement of C–40 aircraft

added

(a)

added 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)

added Exception—

(1)

added 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)

added 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. 129 Prohibition on availability of funds for procurement of bridge tanker aircraft

added

added 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 enter into a contract for the procurement of the bridge tanker aircraft (as defined in section 136(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81)) unless such contract is awarded using full and open competition. Notwithstanding the preceding sentence, the Secretary of the Air Force may enter into a contract for the procurement of the bridge tanker aircraft using procedures other than full and open competition if the Secretary complies with the requirements of section 3204 of title 10, United States Code, with respect to the award of such contract and provides to the Committee on Armed Services of the House of Representatives a briefing that explains the reasons such contract cannot be awarded using full and open competition.

Sec. 130 Prohibition on availability of funds for termination of production lines for HH–60W aircraft

added

added 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. 131 Prohibition on certain reductions to B–1 bomber aircraft squadrons

added

(a)

added Prohibition— During the covered period, the Secretary of the Air Force may not—

(1)

added modify the designed operational capability statement for any B–1 bomber aircraft squadron, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a squadron below the levels specified in such statement as in effect on such date; or

(2)

added reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of B–1 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (1).

(b)

added Exception— The prohibition under subsection (a) shall not apply to a bomb wing for which the Secretary of the Air Force has commenced the process of replacing B–1 bomber aircraft with B–21 bomber aircraft.

(c)

added Definitions— In this section:

(1)

added The term “covered period” means the period beginning on the date of the enactment of this Act and ending on September 30, 2026.

(2)

added The term “designed operational capability statement” has the meaning given that term in Air Force Instruction 10–201.

(d)

added Conforming repeal— Section 133 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574) is repealed.

Sec. 132 Limitation on retirement of E–3 Airborne Warning and Control System aircraft

added

(a)

added Limitation—

(1)

added In general— Secretary of the Air Force may not retire or prepare to retire more than a total of 13 E–3 Airborne Warning and Control System aircraft.

(2)

added Retirement conditions— Of the aircraft authorized to be retired under paragraph (1)—

(A)

added up to eight aircraft may be retired at any time during the period beginning on the date of the enactment of this Act and ending on October 1, 2023; and

(B)

added up to five aircraft may be retired only after the Secretary of the Air Force enters into a contract for the procurement of an E–7 aircraft.

(b)

added Designation as PTAI— The Secretary of the Air Force shall designate two E–3 aircraft as Primary Training Aircraft Inventory.

(c)

added Report required—

(1)

added In general— The Secretary of the Air Force shall submit to the congressional defense committees a report on the airborne warning and control capabilities and capacity of the Air Force.

(2)

added Elements— The report under subsection (a) shall include the following:

(A)

added An assessment of—

(i)

added the airborne warning and control capabilities and capacity of the Air Force as of the date of the report; and

(ii)

added the airborne warning and control capabilities and capacity needed to meet the future requirements of the Air Force.

(B)

added Identification of—

(i)

added air moving target indicator and battle management and command and control requirements as of the date of the report;

(ii)

added the number of such requirements being fulfilled by the current fleet of 31 E–3 aircraft or other capabilities; and

(iii)

added the number of such requirements that would be fulfilled by a reduced fleet of 16 E–3 aircraft.

(C)

added An assessment of whether and to what extent a reduced fleet of 16 E–3 aircraft would affect the level of support provided to the operations of the geographic combatant commands.

(D)

added A comparison of the capabilities of the E–3 aircraft with the capabilities of the E–7 aircraft that is proposed as a replacement for the E–3 aircraft.

(E)

added A comparison of the capacity required to satisfy both current and future air moving target indicator and battle management and command and control requirements.

(F)

added An acquisition strategy for the E–7 aircraft proposed as a replacement for the E–3 aircraft that is—

(i)

added approved by the Secretary of the Air Force; and

(ii)

added includes cost and schedule data, plans for training and fielding, and an assessment of possible courses of action to accelerate the proposed acquisition.

Sec. 133 Requirements study and acquisition strategy for the combat search and rescue mission of the Air Force

added

(a)

added Requirements study—

(1)

added 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)

added Elements— The study under paragraph (1) shall include the following:

(A)

added Identification of anticipated combat search and rescue mission requirements necessary to meet the objectives of the most recent National Defense Strategy, including—

(i)

added requirements for short-term, mid-term, and long-term contingency and steady-state operations against adversaries;

(ii)

added requirements under the Agile Combat Employment operational scheme of the Air Force;

(iii)

added 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)

added the level of operational risk associated with each likely requirement and scenario.

(B)

added An assessment of the rotary, tilt, and fixed wing aircraft and key combat search and rescue enabling capabilities that—

(i)

added are needed to meet the requirements identified under subparagraph (A); and

(ii)

added have been accounted for in the budget of the Air Force as of the date of the study.

(C)

added Identification of any combat search and rescue capability gaps, including an assessment of—

(i)

added whether and to what extent such gaps may affect the ability of the Air Force to conduct combat search and rescue operations;

(ii)

added 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)

added any capability gaps attributable to unfunded requirements.

(D)

added 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, or a combination of such technologies.

(E)

added An assessment of each technology identified under subparagraph (D), including (as applicable) an assessment of—

(i)

added technology maturity;

(ii)

added suitability to the combat search and rescue mission;

(iii)

added range;

(iv)

added speed;

(v)

added payload capability and capacity;

(vi)

added radio frequency and infrared signatures;

(vii)

added operational conditions required for the use of such technology, such as runway availability;

(viii)

added survivability;

(ix)

added lethality;

(x)

added potential to support combat missions other than combat search and rescue; and

(xi)

added estimated cost.

(3)

added Submittal to Congress—

(A)

added In general— Not later than March 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)

added Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(b)

added Acquisition strategy—

(1)

added In general— Based on the results of the study conducted under subsection (a), the Secretary of the Air Force shall develop a strategy for the acquisition of capabilities to meet the requirements identified under such study.

(2)

added Elements— The acquisition strategy under paragraph (1) shall include—

(A)

added A prioritized list of the capabilities needed to meet the requirements identified under subsection (a).

(B)

added The estimated costs of such capabilities, including—

(i)

added 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)

added any amounts not already budgeted for such capabilities as of such date.

(C)

added An estimate of the date by which the capability is expected to become operational.

(D)

added 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 acquisition strategy and an explanation of the reasons such requirements cannot be met.

(3)

added Submittal to Congress—

(A)

added In general— Not later than June 1, 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 acquisition strategy developed under paragraph (1).

(B)

added Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

Sec. 134 Plan for transfer of KC–135 aircraft to the Air National Guard

added

(a)

added 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)

added 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 plan developed under subsection (a). The briefing shall include an explanation of the effects the plan is expected to have on the aerial refueling capability of the Department of Defense.

(c)

added Definitions— In this section:

(1)

added 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)

added 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. 135 Annual report on T–7A Advanced Pilot Training System

added

(a)

added Annual report— Not later than March 1, 2023, and annually thereafter for 5 years, 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 Department of Defense with respect to the T–7A Advanced Pilot Training System (including any associated aircraft and ground training systems).

(b)

added Elements— Each report under subsection (a) shall include the following:

(1)

added 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)

added The cost and schedule estimates for the program.

(3)

added 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)

added The test and evaluation strategy and execution date of the testing program, including any results, and a summary of testing points closed pertaining to the testing program.

(5)

added The logistics and sustainment strategy of the program, and the planning, execution, and implementation that has occurred related to that strategy as of the date of the report.

(6)

added An explanation of the causes related to any engineering, manufacturing, development, testing, production, delivery, acceptance, and fielding delays incurred by the program as of the date of the report and any associated impacts and subsequent efforts to address such delays.

(7)

added The post-production fielding strategy for the program.

(8)

added 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.

Sec. 136 Report on F–22 aircraft force laydown

added

added 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—

(1)

added the proposed plan of the Air Force for the movement and basing of 186 F–22 aircraft; and

(2)

added the establishment of a new F–22 formal training unit, including—

(A)

added the anticipated location of such unit;

(B)

added the anticipated schedule for the establishment of such unit; and

(C)

added the number of aircraft that are expected to be transferred to such unit.

Sec. 141 Charging stations at commissary stores and military exchanges

added

(a)

added In general— Subchapter I of chapter 147 of title 10, United States Code, is amended by adding at the end the following new section:

added “2486. Electric vehicle charging stations at commissary stores and military exchanges

added “(a) Authority—The Secretary of Defense may furnish electric vehicle charging stations at a commissary store or military exchange for commercial use by individuals authorized to access such facilities.

added “(b) Rates and procedures—If the Secretary of Defense furnishes electric vehicle charging stations pursuant to subsection (a)—

added “(1) the Secretary shall establish rates and procedures that the Secretary determines appropriate for the purchase of electric power from the charging stations; and

added “(2) such charging stations may be installed and operated by a contractor on a for-profit basis.

added “(c) Interoperability—Any vehicle charging station provided under this section shall use a charging connector type (or other means to transmit electricity to the vehicle) that—

added “(1) meets applicable industry accepted standards for interoperability and safety; and

added “(2) is compatible with—

added “(A) electric vehicles commonly available for purchase by a member of the general public; and

added “(B) covered nontactical vehicles.

added “(b) Covered nontactical vehicle defined—In this section, the term covered nontactical vehicle means any vehicle—

added “(1) that is not a tactical vehicle designed for use in combat; and

added “(2) that is purchased or leased by the Department of Defense, or by another department or agency of the Federal Government for the use of the Department of Defense, pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2022.”

(b)

added Clerical amendment— The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

Sec. 142 Increase Air Force and Navy use of used commercial dual-use parts in certain aircraft and engines

added

(a)

added In general— Not later than 90 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)

added the acquisition of used, overhauled, reconditioned, and remanufactured commercial dual-use parts; and

(2)

added the use of such commercial-dual use parts in all—

(A)

added commercial derivative aircraft and engines; and

(B)

added aircraft used by the Air Force or Navy that are based on the design of commercial products.

(b)

added Procurement of parts— The processes and procedures implemented under subsection (a) shall provide that commercial dual-use parts shall be acquired—

(1)

added pursuant to competitive procedures (as defined in section 3012 of title 10, United States Code); and

(2)

added 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)

added Definitions— In this section:

(1)

added 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)

added Commercial dual-use parts— The term “commercial dual-use parts” means a product that is—

(A)

added a commercial product;

(B)

added dual-use;

(C)

added described in subsection (b)(2); and

(D)

added not a life limited part.

(3)

added Commercial product— The term “commercial product” has the meaning given such term in section 103 of title 41, United States Code.

(4)

added Dual-use— The term “dual-use” has the meaning given such term in section 4801 of title 10, United States Code.

Sec. 143 Assessment and report on military rotary wing aircraft industrial base

added

(a)

added 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)

added Elements— The assessment under subsection (a) shall include the following:

(1)

added

(A)

added Identification of each rotary wing aircraft program of the Department of Defense that is in the research and development or procurement phase.

(B)

added A description of any platform-specific or capability-specific facility or workforce technical skill requirements necessary for each program identified under subparagraph (A).

(2)

added Identification of—

(A)

added 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)

added the technologies, facilities, and workforce skills necessary for the development of such capabilities.

(3)

added 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)

added

(A)

added 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)

added An assessment of any risk resulting from the lack of other suppliers for such components, subcomponents, or equipment.

(5)

added Analysis of the likelihood of future consolidation, contraction, or expansion, within the rotary wing aircraft industrial base, including—

(A)

added identification of the most probable scenarios with respect to such consolidation, contraction, or expansion; and

(B)

added 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)

added Such other matters the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.

(c)

added Report—

(1)

added In general— Concurrently with the submission of the next annual report required to be submitted under section 4814 of title 10, United States Code, after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—

(A)

added the results of the assessment conducted under subsection (a); and

(B)

added based on such results, recommendations for reducing any risks identified with respect to the military rotary wing aircraft industrial base.

(2)

added Form— The report required under paragraph (1) may be submitted as an appendix to the annual report required to be submitted under section 4814 of title 10, United States Code.

(d)

added Rotary wing aircraft defined— In this section, the term “rotary wing aircraft” includes rotary wing and tiltrotor aircraft.

Sec. 201 Authorization of appropriations

changed 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~~ evaluation, as ~~follows:~~specified in the funding table in section 4201.

(1)

removed ~~For the Army, $13,710,273,000.~~

(2)

removed ~~For the Navy, $24,078,718,000.~~

(3)

removed ~~For the Air Force, $44,134,301,000.~~

(4)

removed ~~For the Space Force, $15,819,372,000.~~

(5)

removed ~~For Defense-wide activities, $32,077,552,000.~~

(6)

removed ~~For the Director of Operational Test and Evaluation, $277,194,000.~~

Sec. 211 Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning

added

(a)

added Joint artificial intelligence research and development 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)

added by amending subsection (c) to read as follows:

added “(c) Organization and roles

added “(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.

added “(2) Appropriate officials—The officials assigned roles and responsibilities under paragraph (1) shall include—

added “(A) the Under Secretary of Defense for Research and Engineering;

added “(B) the Under Secretary of Defense for Acquisition and Sustainment;

added “(C) one or more officials in each military department;

added “(D) officials of appropriate Defense Agencies; and

added “(E) such other officials as the Secretary of Defense determines appropriate.”

(2)

added in subsection (e) in the second sentence, by striking “Director of the Joint Artificial Intelligence Center” and inserting “the official designated under subsection (b)”; and

(3)

added by striking subsection (h).

(b)

added Personnel management authority to attract experts in science and engineering— Section 4092 of title 10, United States Code, is amended—

(1)

added by amending paragraph (6) of subsection (a) to read as follows:

added “(6) Joint artificial intelligence research, development, and transition activities—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) shall carry out a program of personnel management authority provided in subsection (b) of this section in order to facilitate recruitment of eminent experts in science or engineering to support the activities of such official under such section 238.”

(2)

added in subsection (b)(1)(F)—

(A)

added by striking “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)”; and

(B)

added by striking “in the Center” and inserting “in support of the activities of such official under such section”; and

(3)

added in subsection (c)(2), by striking “the 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)”.

(c)

added 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)

added in paragraph (3), by inserting “or 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)” after “Director of the Joint Artificial Intelligence Center”;

(2)

added in paragraph (4), by inserting “or 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)” after “Director of the Joint Artificial Intelligence Center”; and

(3)

added in paragraph (5), by inserting “or 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)” after “Director of the Joint Artificial Intelligence Center”.

(d)

added 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)”.

(e)

added 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)

added in the section heading, by striking “Pilot program on data repositories” and inserting “Data repositories”;

(2)

added by amending subsection (a) to read as follows:

added “(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—

added “(1) establish data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and

added “(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)

added 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)

added by amending subsection (c) to read as follows:

added “(c) Briefing—Not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on—

added “(1) the types of information the Secretary determines are feasible and advisable to include in the data repositories established under subsection (a); and

added “(2) the progress of the Secretary in establishing such data repositories.”

(f)

added 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)”.

(g)

added Application of artificial intelligence to the defense reform pillar of 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) is amended 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)”.

(h)

added 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)

added 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)

added by striking paragraph (2); and

(3)

added by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(i)

added 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)

added 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)

added in subsection (a)—

(A)

added 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)

added by striking “the Center” and inserting “the office of such official (referred to in this section as the “Office”)”;

(3)

added in subsection (b)—

(A)

added in the subsection heading, by striking “JAIC”;

(B)

added in paragraph (1)—

(i)

added in the matter preceding subparagraph (A),

(I)

added by striking “staff of the Director” and inserting “staff of the Official”; and

(II)

added by striking “the Director of the Center” and inserting “such Official”;

(ii)

added in subparagraph (A), by striking “the Center” and inserting “the Office”;

(iii)

added in subparagraph (B), by striking “the Center” and inserting “the Office”;

(iv)

added in subparagraph (C), by striking “the Center” each place it appears and inserting “the Office”; and

(v)

added in subparagraph (D), by striking “the Center” each place it appears and inserting “the Office”;

(C)

added in paragraph (2)—

(i)

added by striking “the Center” and inserting “the Office”; and

(ii)

added by striking “the Director” and inserting “the Official”;

(4)

added in subsection (c)(1)—

(A)

added by striking “the Center” and inserting “the Office”; and

(B)

added by striking “the Director” and inserting “the Official”;

(5)

added in subsection (d), by striking “the Director” and inserting “the Official”;

(6)

added in subsection (e)—

(A)

added in paragraph (2)—

(i)

added in subparagraph (B), by striking “Center missions” and inserting “the missions of the Office”; and

(ii)

added in subparagrpah (D), by striking “the Center” and inserting “the Office”; and

(B)

added in paragraph (3), by striking “the Center” and inserting “the Office”;

(7)

added in subsection (f), by striking “the Director” and inserting “the Official”; and

(8)

added in subsection (g)—

(A)

added by striking paragraphs (1) and (3); and

(B)

added by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively.

(j)

added Biannual report— Section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1293) is amended—

(1)

added 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)

added in subsection (a)—

(A)

added by striking “2023” and inserting “2026”; and

(B)

added 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)

added in subsection (b)—

(A)

added by striking “Center” each place it appears and inserting “Office”;

(B)

added in paragraph (2), by striking “the National Mission Initiatives, Component Mission Initiatives, and any other initiatives” and inserting “any initiatives”; and

(C)

added 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)

added by striking subsection (c).

(k)

added Reporting responsibility— 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)

added by striking paragraph (3); and

(2)

added by redesignating paragraph (4) as paragraph (3).

(l)

added References in existing law— 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. 212 Role of the Chief Digital and Artificial Intelligence Officer in fostering interoperability among joint force systems

added

(a)

added In general— The Secretary of Defense, in consultation with the Director of National Intelligence, shall direct the Chief Digital and Artificial Intelligence Officer of the Department of Defense to carry out the activities described in subsection (b) in support of the Joint All Domain Command and Control strategy and the Joint Warfighting Concept of the Department.

(b)

added Activities described— The activities described in this subsection are the following:

(1)

added To solicit feedback from the combatant commands and the Joint Staff to identify operational challenges that—

(A)

added are attributable to a lack of interoperability between the warfighting systems and other technology, including software and data, of such commands and the Joint Staff; and

(B)

added could potentially be resolved using mission integration software, including software designed to integrate heterogeneous systems across domains without upgrading hardware or changing existing system software.

(2)

added From amounts made available to carry out this section, to allocate funds to entities in the combatant commands and the Joint Staff to address such operational challenges through—

(A)

added the development, procurement, or fielding of mission integration software; and

(B)

added the development and implementation of related tactics, techniques, and procedures to integrate systems to increase interoperability.

(3)

added To identify, acquire, and field existing mission integration capabilities and enhance ongoing research and development.

(4)

added To support exercises, experimentation, and demonstrations to highlight and refine mission integration software and address associated interoperability challenges.

(5)

added To assist in fielding mission integration software by the military departments to encourage the development and employment of such software on a larger scale.

(c)

added Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the Chief Digital and Artificial Intelligence Officer in carrying out the activities described in subsection (b)).

(d)

added Reports— On a biannual basis during the period of three years following the date of the briefing under subsection (c), the Secretary of Defense shall submit to the congressional defense committees a report that includes, with respect to the period of six months preceding the date of the report, the following:

(1)

added A description of any operational challenges that were identified under subsection (b)(1).

(2)

added Of those operational challenges—

(A)

added identification of the challenges the Chief Digital and Artificial Intelligence Officer addressed through the allocation of funds under subsection (b)(2); and

(B)

added an explanation of whether and to what extent activities carried out with such funds reduced interoperability challenges.

(3)

added Identification of any mission integration software procured, developed, or fielded by the Armed Forces or the combatant commands.

(4)

added A description of any exercises, experimentation, and demonstrations performed.

(e)

added Definitions— In this section:

(1)

added The term “Chief Digital and Artificial Intelligence Officer” means 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)

added The term “mission integration software” means software that supports military operations by creating interoperability between systems, tools, and applications, including weapons, platforms, intelligence, surveillance, and reconnaissance systems, intelligence fusion systems, tasking systems, tactical data links, cyberspace and electronic warfare systems, communications systems, command and control systems, common operating pictures, and commanders’ decision aids.

Sec. 213 Modification of defense laboratory modernization pilot program

added

added Section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. note prec. 4121) is amended—

(1)

added in subsection (e), by striking “$150,000,000” and inserting “$300,000,000”;

(2)

added in subsection (f)(2), by striking “$1,000,000” and inserting “$4,000,000”; and

(3)

added in subsection (g), by striking “October 1, 2025” and inserting “October 1, 2030”.

Sec. 214 Support for research and development of bioindustrial manufacturing processes

added

(a)

added Authorization— Subject to the availability of appropriations, the Secretary of Defense shall provide support to manufacturing innovation institutes for the research and development of innovative bioindustrial manufacturing processes and the development of a network of bioindustrial manufacturing facilities to improve the ability of the industrial base to use such processes for the production of chemicals, materials, and other products necessary to support national security or secure fragile supply chains.

(b)

added Form of support— The support provided under subsection (a) may consist of—

(1)

added the establishment of one or more manufacturing innovation institutes specializing in the research and development of bioindustrial manufacturing processes;

(2)

added providing funding to one or more existing manufacturing innovation institutes—

(A)

added to support the research and development of bioindustrial manufacturing processes; or

(B)

added to otherwise expand the bioindustrial manufacturing capabilities of such institutes;

(3)

added the establishment of dedicated facilities within one or more manufacturing innovation institutes to serve as regional hubs for the research, development, and the scaling of bioindustrial manufacturing processes and products to higher levels of production; or

(4)

added designating a manufacturing innovation institute to serve as the lead entity responsible for integrating a network of pilot and intermediate scale bioindustrial manufacturing facilities.

(c)

added Activities— A manufacturing innovation institute 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)

added 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)

added demonstration projects to evaluate bioindustrial manufacturing processes and technologies;

(3)

added activities to scale bioindustrial manufacturing processes and products to higher levels of production;

(4)

added strategic planning for infrastructure and equipment investments for bioindustrial manufacturing of defense-related materials;

(5)

added 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)

added the selection, construction, and operation of pilot and intermediate scale bioindustrial manufacturing facilities;

(7)

added development and management of a network of facilities to scale production of bioindustrial products;

(8)

added activities to address workforce needs in bioindustrial manufacturing;

(9)

added establishing an interoperable, secure, digital infrastructure for collaborative data exchange across entities in the bioindustrial manufacturing community, including government agencies, industry, and academia;

(10)

added developing and implementing digital tools, process security and assurance capabilities, cybersecurity protocols, and best practices for data storage, sharing and analysis; and

(11)

added such other activities as the Secretary of Defense determines appropriate.

(d)

added Considerations— In determining the number, type, and location of manufacturing innovation institutes or facilities to support under subsection (a), the Secretary of Defense shall consider—

(1)

added how the institutes or facilities may complement each other by functioning as a together as a network;

(2)

added how to geographically distribute support to such institutes or facilities—

(A)

added to maximize access to biological material needed as an input to bioindustrial manufacturing processes;

(B)

added to leverage available industrial and academic expertise;

(C)

added to leverage relevant domestic infrastructure required to secure supply chains for chemicals and other materials; and

(D)

added to complement the capabilities of other manufacturing innovation institutes and similar facilities; and

(3)

added how the activities supported under this section can be coordinated with relevant activities of other departments and agencies of the Federal Government.

(e)

added Plan required—

(1)

added In general— 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 and the National Security Commission on Emerging Biotechnology a plan for the implementation of this section that includes—

(A)

added a description of types, relative sizes, and locations of the manufacturing innovation institutes or facilities the Secretary intends to establish or support under this section;

(B)

added a general description of the focus of each institute or facility, including the types of bioindustrial manufacturing equipment, if any, that are expected to be procured for each such institute or facility;

(C)

added a general description of how the institutes and facilities will work as a network to maximize the diversity of bioindustrial products available to be produced by the network;

(D)

added an explanation of how the network will support the establishment and maintenance of the bioindustrial manufacturing industrial base; and

(E)

added an explanation of how the Secretary intends to ensure that bioindustrial manufacturing activities conducted under this section are modernized digitally, including through—

(i)

added the use of a data automation to represent processes and products as models and simulations; and

(ii)

added the implementation of measures to address cybersecurity and process assurance concerns.

(2)

added Briefings— Not later than 180 days after the date of the submittal of the plan under paragraph (1), and biannually thereafter for five years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the progress toward the implementation of the plan.

(f)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Agriculture, Nutrition, and Forestry and the Committee on Commerce, Science, and Transportation of the Senate; and

(C)

added the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives.

(2)

added 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.

(3)

added The term “manufacturing innovation institute” means a Manufacturing USA institute (as described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d))) that is funded by the Department of Defense.

Sec. 215 Activities to support the use of metal additive manufacturing for the subsurface fleet of the Navy

added

(a)

added In general— The Secretary of the Navy shall carry out activities to support—

(1)

added the development of additive manufacturing processes for the production of metal components and other metal-based materials for the subsurface fleet of the Navy;

(2)

added the testing, evaluation, and qualification of such processes, components, and materials; and

(3)

added the use of such processes, components, and materials to meet requirements and milestones applicable to the subsurface fleet of the Navy.

(A)

added In general— The Secretary shall establish and carry out, using funds made available for research activities, a pilot program to increase capacity at high research activity status historically Black colleges and universities and other minority-serving institutions toward achieving very high research activity status during the grant period.

(B)

added Recommendations— In establishing such program, the Secretary may consider the recommendations pursuant to section 262 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4144 note) and section 220 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1597).

(2)

added Grants authorized— The Secretary shall award, on a competitive basis, grants to eligible institutions to carry out the activities under paragraph (4)(A).

(3)

added Application— An eligible institution seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including a description of—

(A)

added nascent research capabilities with respect to research areas of interest to the Department of Defense;

(B)

added a plan for increasing the level of research activity toward achieving very high research activity status classification during the grant period, including measurable milestones such as growth in very high research activity status indicators and other relevant factors;

(C)

added how such institution will sustain the increased level of research activity after the conclusion of the grant period; and

(D)

added how the institution will evaluate and assess progress with respect to the implementation of the plan under subparagraph (B).

(4)

added Program components—

(A)

added Use of funds— An eligible institution that receives a grant under this section shall use the grant funds to support research activities with respect to research areas for STEM and critical technologies, as determined by the Secretary under subparagraph (B), including—

(i)

added faculty professional development;

(ii)

added stipends for undergraduate and graduate students and post-doctoral scholars;

(iii)

added laboratory equipment and instrumentation;

(iv)

added recruitment and retention of faculty and graduate students;

(v)

added communication and dissemination of products produced during the grant period;

(vi)

added construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and

(vii)

added other activities necessary to build capacity in achieving very high research activity status indicators.

(B)

added Strategic areas of scientific research— The Secretary, in consultation with the Defense Science Board, shall establish and update, on an annual basis, a list of research areas for STEM and critical technologies.

(C)

added Research progress reporting—

(i)

added In general— Not later than 3 years after receiving a grant under this section, and every 3 years thereafter, an eligible institution shall submit to the Secretary—

(I)

added a report that includes an assessment by the institution, using the criteria established in clause (ii), of the progress made by such institution with respect to achieving very high research activity indicators; and

(II)

added an updated plan described in paragraph (3)(B).

(ii)

added Research assessment— The Secretary, in partnership with the eligible institution, shall establish criteria for the report required under clause (i)(I).

(D)

added Grant period— A grant awarded under this section shall be for a period of not more than 10 years, to be determined by the Secretary.

(E)

added Expansion of eligibility— The Secretary may award grants under this section to historically Black colleges and universities and other minority-serving institutions that are not eligible institutions if the Secretary determines that the program can support such colleges, universities, and institutions while achieving the purpose of the program described in subsection (a).

(5)

added Evaluation— Not later than 5 years after the date of the enactment of this Act, the Secretary shall prepare and submit a report to the Committees on Armed Services of the Senate and the House of Representatives providing an update on the pilot program, including—

(A)

added activities carried out under the pilot program;

(B)

added an analysis of the growth in very high research activity status indicators of eligible institutions that received a grant under this section; and

(C)

added emerging research areas of interest to the Department of Defense conducted by eligible institutions that received a grant under this section.

(6)

added Termination— The authority of the Secretary to award grants under the pilot program established by this section shall terminate 10 years after the date on which the Secretary establishes such program.

(7)

added Report to Congress— Not later than 180 days after the termination of the pilot program under paragraph (6), the Secretary shall prepare and submit a report to the Committees on Armed Services of the Senate and the House of Representatives on the pilot program that includes the following:

(A)

added An analysis of the growth in very high research activity status indicators of eligible institutions that received a grant under this section.

(B)

added An evaluation on the effectiveness of the program in increasing the research capacity of eligible institutions that received a grant under this section.

(C)

added An description of how institutions that have achieved very high research activity status plan to sustain that status beyond the duration of the program.

(D)

added An evaluation of the maintenance of very high research status by eligible institutions that received a grant under this section.

(E)

added An evaluation of the effectiveness of the program in increasing the diversity of students conducting high quality research in unique areas.

(F)

added 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)

added Recommendations on whether the program established under this section should be renewed or expanded.

(c)

added Definitions— In this section:

(1)

added 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 application for a grant under subsection (b).

(2)

added The term high research activity status means R2 status, as classified by the Carnegie Classification of Institutions of Higher Education.

(3)

added 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)

added 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)

added The term Secretary means the Secretary of Defense.

(6)

added The term very high research activity status means R1 status, as classified by the Carnegie Classification of Institutions of Higher Education.

(7)

added 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)

added annual expenditures in science and engineering;

(B)

added per-capita (faculty member) expenditures in science and engineering;

(C)

added annual expenditures in non-science and engineering fields;

(D)

added per-capita (faculty member) expenditures in non-science and engineering fields;

(E)

added doctorates awarded in science, technology, engineering, and mathematics fields;

(F)

added doctorates awarded in social science fields;

(G)

added doctorates awarded in the humanities;

(H)

added doctorates awarded in other fields with a research emphasis;

(I)

added total number of research staff including postdoctoral researchers;

(J)

added 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)

added other categories utilized to determine classification.

Sec. 220 Pilot program to support the development of patentable inventions in the Department of the Navy

added

(a)

added In general— Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall 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)

added have applicablity to the job-related functions of such personnel; and

(2)

added may have applicability in the civilian sector.

(b)

added Activities— As part of the pilot program under subsection (a), the Secretary of the Navy shall—

(1)

added 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)

added expand the availability of patent-related training to covered personnel, including by making such training available online;

(3)

added 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)

added seek and receive support for the development of patentable inventions; and

(B)

added 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)

added carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot program.

(c)

added 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)

added Definitions— In this section:

(1)

added 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)

added The term “patentable invention” means an invention that is patentable under title 35, United States Code.

Sec. 221 Pilot program to facilitate the research, development, and production of advanced battery technologies for warfighters

added

(a)

added Establishment— The Secretary of Defense shall carry out a pilot program to be known as the “American Sustainable Battery Production Technologies Program” (referred to in this section as the “Program”). Under the Program, the Secretary shall seek to award assistance to eligible entities to facilitate the research, development, and production of electric battery technologies that may be useful for defense-related purposes.

(b)

added Coordination with related programs— The Secretary of Defense shall ensure that activities under the Program are coordinated with—

(1)

added the Strategic Environmental Research and Development Program under section 2901 of title 10, United States Code; and

(2)

added the Department of Energy.

(c)

added Program activities— Under the Program, the Secretary of Defense shall seek to award assistance to eligible entities—

(1)

added to conduct research and development into electric battery technologies and any associated manufacturing and production needs;

(2)

added to expand the battery recycling capabilities of the Department of Defense;

(3)

added to reduce the reliance of the Department of Defense on foreign competitors for critical materials and technologies, including rare earth materials; and

(4)

added to transition battery technologies, including technologies developed from other pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production.

(d)

added Form of assistance— Assistance awarded to an eligible entity under the Program may consist of a grant, a contract, a cooperative agreement, other transaction, or such other form of assistance as the Secretary of Defense considers appropriate.

(e)

added Priority Consideration— In awarding assistance to eligible entities under the Program, the Secretary of Defense shall give priority to entities that—

(1)

added are located in and operate in the United States, including any manufacturing operations;

(2)

added are owned by a United States entity; and

(3)

added deploy North American-owned intellectual property and content.

(f)

added Data Collection— The Secretary of Defense shall collect and analyze data on the Program for the purposes of—

(1)

added developing and sharing best practices for achieving the objectives of the Program;

(2)

added providing information to the Secretary on the implementation of the Program, and related policy issues; and

(3)

added reporting to the congressional defense committees in accordance with subsection (h).

(g)

added Termination— The Program shall terminate on the date that is six years after the date of the enactment of this Act.

(h)

added Reports—

(1)

added Annual Reports— Not later than one year after the date of the enactment of this Act and annually thereafter until the date on which the Program terminates under subsection (g), the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of funds under the Program. Each report shall include the following:

(A)

added An explanation of whether and to what extent the assistance awarded to eligible entities under the Program met mission requirements during the period covered by the report, including—

(i)

added the value of the assistance awarded, including the value of each grant, contract, cooperative agreement, other transaction, or other form of assistance; and

(ii)

added a description of the research, technology, or capabilities funded with such assistance.

(B)

added A description of any research, technology, or capabilities being tested under the Program as of the date of the report together with an explanation of how the Secretary has applied, or expects to apply, such research, technology, or capabilities within the Department of Defense.

(2)

added Final report— Not later than one year after the date on which the Program terminates under subsection (g), the Secretary of Defense shall submit to the appropriate congressional committees a final report on the results of the Program. Such report shall include—

(A)

added a summary of the objectives achieved by the Program; and

(B)

added 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.

(i)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives; and

(C)

added the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “eligible entity” means a battery producer or other entity involved in the battery production supply chain.

Sec. 222 Pilot program on research and development of plant-based protein for the Navy

added

(a)

added Establishment— Not later than March 1, 2023, the Secretary of the Navy shall establish and carry out a pilot program to offer plant-based protein options at forward operating bases for consumption by members of the Navy.

(b)

added Locations— Not later than March 1, 2023, the Secretary shall identify not fewer than two naval facilities to participate in the pilot program and shall prioritize facilities (such as Joint Region Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet Activities Sasebo, Japan) where livestock-based protein options may be costly to obtain or store.

(c)

added Authorities— In establishing and carrying out the pilot program under subsection (a), the Secretary of the Navy may use the following authorities:

(1)

added The authority to carry out research and development projects under section 4001 of title 10, United States Code.

(2)

added The authority to enter into transactions other than contracts and grants under section 4021 of such title.

(3)

added The authority to enter into cooperative research and development agreements under section 4026 of such title.

(d)

added Rule of construction— Nothing in this Act shall be construed to prevent offering livestock-based protein options alongside plant-based protein options at naval facilities identified under subsection (b).

(e)

added Termination— The requirement to carry out the pilot program established under this section shall terminate three years after the date on which the Secretary establishes the pilot program required under this section.

(f)

added Report— Not later than one year after the termination of the pilot program, the Secretary shall submit to the appropriate congressional committees a report on the pilot program that includes the following:

(1)

added The consumption rate of plant-based protein options by members of the Navy under the pilot program.

(2)

added Effective criteria to increase plant-based protein options at naval facilities not identified under subsection (b).

(3)

added An analysis of the costs of obtaining and storing plant-based protein options compared to the costs of obtaining and storing livestock-based protein options at selected naval facilities.

(g)

added Definitions— In this section:

(1)

added Appropriate congressional committees— The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services of the House of Representatives; and

(B)

added the Committee on Armed Forces of the Senate.

(2)

added Plant-based protein options— The term “plant-based protein options” means edible vegan or vegetarian meat alternative products made using plant and other non-livestock-based proteins.

Sec. 231 Modification of national security strategy for national technology and industrial base

added

added Section 4811(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(12) Providing for the research and development of sustainable and secure food sources, including food innovation and alternative protein development, in consultation with the Secretary of Agriculture.”

Sec. 232 Defense Advanced Research Projects Agency Innovation Fellowship Program

added

(a)

added 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)

added Elements— In developing the plan under subsection (a), the Director of the Defense Advanced Research Projects Agency shall—

(1)

added review the programs, projects, and other activities of the Agency that are open to participation from early career scientists to identify opportunities for the expansion of such participation;

(2)

added conduct an assessment of the potential costs of the fellowship program described in subsection (a);

(3)

added establish detailed plans for the implementation of the fellowship program;

(4)

added define eligibility requirements for participants in the fellowship program;

(5)

added identify criteria for evaluating applicants to the fellowship program; and

(6)

added address such other matters as the Director determines appropriate.

(c)

added 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)

added the plan developed under subsection (a); and

(2)

added recommendations for expanding opportunities for early career scientists to participate in the programs, projects, and other activities of the Agency.

Sec. 233 Report on efforts to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research and development activities of the Department of Defense

added

(a)

added Report required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on measures that may be implemented to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research, development, test, and evaluation activities of the Department of Defense.

(b)

added Elements— The report under subsection (a) shall include the following:

(1)

added A strategy for the provision of long-term institutional support to historically Black colleges and universities and other minority-serving institutions, including support for—

(A)

added the development and enhancement of the physical research infrastructure of such institutions; and

(B)

added the research activities of such institutions.

(2)

added An evaluation of the feasibility of expanding the support provided by the Department of Defense to historically Black colleges and universities and other minority-serving institutions to include support for the development or enhancement of grant and contract administration capabilities at such institutions.

(3)

added An evaluation of options to strengthen support for historically Black colleges and universities and other minority-serving institutions within the military departments and other organizations and elements of the Department, including an evaluation of the need for and feasibility of establishing dedicated organizations within the Army, Navy, Marine Corps, Air Force, and Space Force to increase engagement with such institutions.

(4)

added A review of the adequacy of the level of staffing within the Department that is dedicated to engagement with historically Black colleges and universities and other minority-serving institutions.

(5)

added A plan to improve data collection and evaluation with respect to historically Black colleges and universities and other minority-serving institutions, including—

(A)

added harmonization of standards with respect to the type, detail, and organization of data on such institutions;

(B)

added improving the completeness of data submissions regarding such institutions;

(C)

added improving the retention of data on such institutions across the Department;

(D)

added additional data collection specific to such institutions, including data on—

(i)

added the rates at which such institutions submit proposals for grants and contracts from the Department, the success rates of such proposals, and feedback regarding such proposals;

(ii)

added the total number of grants and contracts for which such institutions are eligible to apply and the number of applications received from such institutions for such grants and contracts; and

(iii)

added formal feedback mechanisms for rejected proposals from first-time applicants from such institutions; and

(E)

added as necessary, promulgation of additional or modified regulations, instructions, or guidance regarding the collection, evaluation, and retention of data on such institutions.

(6)

added Identification of the types of research facilities, personnel, capabilities, and subject areas that are in-demand within the Department so that historically Black colleges and universities and other minority-serving institutions may prioritize investment in those types of facilities, personnel, capabilities, and subject areas as appropriate.

(7)

added Identification of metrics that may be used to evaluate, track, and improve the competitiveness of historically Black colleges and universities and other minority-serving institutions for grants and contracts with the Department.

(8)

added An evaluation of options to implement criteria for the award of grants and contracts that assign value to the inclusion of historically Black colleges and universities and other minority-serving institutions as research partners, including such mechanisms as weighted grant solicitation evaluation criteria and longer periods of performance to allow for capacity-building within such institutions.

(9)

added An evaluation of options to incentivize the defense industry to support capacity building within historically Black colleges and universities and other minority-serving institutions, including through the incentivization of independent research and development or other activities.

(10)

added A plan to compile and maintain data regarding institutions of higher education, including historically Black colleges and universities and other minority-serving institutions, that receive funding from departments and agencies of the Federal Government outside the Department of Defense.

(11)

added A review of the programs and practices of departments and agencies of the Federal Government outside the Department of Defense relevant to increasing research capacity at historically Black colleges and universities and other minority-serving institutions for purposes of—

(A)

added the potential adoption of best practices within the Department;

(B)

added the identification of opportunities to leverage the research capacity of such institutions; and

(C)

added increasing the level of collaboration between the Department and such institutions.

(12)

added Recommendations for the modification or expansion of the workforce development programs of the Department to increase the proportion of the workforce hired from historically Black colleges and universities and other minority-serving institutions.

(13)

added Such other recommendations as the Under Secretary of Defense for Research and Engineering determines appropriate.

(14)

added A plan for the implementation of the recommendations included in the report, as appropriate, including an explanation of any additional funding, authorities, or organizational changes needed for the implementation of such recommendations.

(c)

added Definitions— In this section:

(1)

added 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)

added The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1932 (20 U.S.C. 1001).

(3)

added 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)).

(d)

added Report on implementation— Not later than 180 days after the date of the submission of the report under subsection (a), the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the progress of the Under Secretary in implementing measures to increase the participation of historically Black colleges and universities and other minority-serving institutions in the research, development, test, and evaluation activities of the Department of Defense, as identified in the report under subsection (a).

Sec. 234 Assessment of test infrastructure and priorities related to hypersonic capabilities and related technologies and hypersonic test strategy

added

(a)

added 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)

added Elements— The assessment under subsection (a) shall include the following:

(1)

added An identification of facilities of other departments and agencies of the Federal Government and academia and industry testing facilities relevant to the capacity described in subsection (a).

(2)

added An analysis of the capability of each test facility to simulate various individual and coupled hypersonic conditions to accurately simulate a realistic flight-like environment with all relevant aero-thermochemical conditions.

(3)

added 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.

(4)

added An analysis of the test frequency, scheduling lead time, test cost, and capacity of each test facility relating to testing technologies of the Department for hypersonic flight.

(5)

added A review of academia, contractor-owned, commercial ground and flight testbeds 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.

(6)

added An assessment of any cost- and time-savings that could result from using technologies identified in the strategy under subsection (c).

(c)

added Strategy—

(1)

added 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 of other departments and agencies of the Federal Government, as available, and academia, contractor-owned, commercial flight and reentry test capabilities to evaluate hypersonic technologies.

(2)

added Elements— The strategy under paragraph (1) shall—

(A)

added be based on the assessment under subsection (a);

(B)

added 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)

added to the extent practicable, address in what cases the Secretary can use academia, contractor-owned, commercial flight and reentry test capabilities to fill any existing testing requirement gaps to enhance and accelerate flight qualification of critical hypersonic technologies of the Department;

(D)

added identify—

(i)

added 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;

(ii)

added 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)

added 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)

added investments that the Secretary can make to incorporate academia, contractor-owned, commercial ground and flight testbeds into the overall hypersonic test infrastructure of the Department of Defense; and

(v)

added 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)

added address all advanced or emerging technologies that could shorten timelines and reduce costs for hypersonic missile testing, including with respect to—

(i)

added 3D printing of hypersonic test missile components including the frame, warhead, and propulsion systems;

(ii)

added reusable hypersonic test beds, including air-sea-and ground launched options;

(iii)

added additive manufacturing solutions;

(iv)

added qualified airborne B–52 alternative platforms to provide improved flight schedules; and

(v)

added other relevant technologies.

(3)

added Coordination— The Secretary shall develop the strategy under paragraph (1) in coordination with the Joint Hypersonic Transition Office, the Administrator of the National Aeronautics and Space Administration, the research labs of the military departments, and the Defense Test Resource Management Center.

(d)

added Appropriate congressional committees defined— The term “appropriate congressional committees” means the following:

(1)

added The congressional defense committees.

(2)

added The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

Sec. 235 Independent review and assessment of test and evaluation resource planning

added

(a)

added Review and assessment— Not later than 60 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 to conduct an independent review and assessment of the Strategic Plan for Test Resources, as prepared by the Department of Defense Test Resource Management Center.

(b)

added Elements— The review and assessment under subsection (a) shall include the following:

(1)

added An assessment of the adequacy of the 30-year planning horizon that serves as the basis for the Strategic Plan for Test Resources.

(2)

added An assessment of whether and to what extent prior forecasts of the test and evaluation needs of the Department of Defense align with investments made by the Department in test and evaluation resources.

(3)

added An identification and assessment of—

(A)

added any shortcomings in the infrastructure, personnel, and equipment of the test and evaluation enterprise of the Department; and

(B)

added any risks that the status of such enterprise may pose with respect to the ability of the Department to meet its current and future test and evaluation needs.

(4)

added An assessment of whether and to what extent the test and evaluation efforts of the Department sufficiently address software-intensive, multi-domain, and continuously developed capabilities.

(5)

added Such other matters as the Secretary of Defense determines appropriate.

(c)

added Report required— Not later than 180 days after the date on which the Secretary of Defense enters into an agreement with a federally funded research and development center under subsection (a), the center shall submit to the Secretary and the congressional defense committees a report on the results of the study conducted under such subsection.

Sec. 236 Study on costs associated with underperforming software and information technology

added

(a)

added Study required— The Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct an independent study on the impacts, and challenges associated with the use of software and information technology, including potential solutions to such challenges.

(b)

added Elements— The independent study conducted under subsection (a) shall include the following:

(1)

added A survey of members of the Armed Forces 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 an estimate of the number and cost of lost working hours for each military department, the impact of each challenge on retention, and the negative impact to any mission.

(2)

added 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, based on interviews conducted with individuals who serve as chief information officer (or an equivalent position) in a military department.

(3)

added Recommendations to address the challenges described in paragraph (1) and improve the processes through which the Secretary provides software and information technology Departmentwide.

(c)

added Report required— Not later than one year after the date of the enactment of this Act, a federally funded research and development center described in subsection (a) shall submit to the Secretary of Defense and the congressional defense committees a report on any independent study conducted under this section.

(d)

added Software and information technology defined— In this section, the term “software and information technology” does not include embedded software and information technology used for weapon systems.

Sec. 237 Study and report on sufficiency of test and evaluation resources for certain major defense acquisition programs

added

(a)

added 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 test and evaluation resources supporting such program.

(b)

added 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)

added Identification of the test and evaluation resources supporting the program as of the date of the study.

(2)

added An evaluation of whether and to what extent such resources are sufficient to meet the needs of the program assuming that test and evaluation resources allocated for other purposes will not be reallocated to support the program in the future.

(3)

added If the test and evaluation resources identified under paragraph (1) are insufficient to meet the needs of the program, an evaluation of the amount of additional funding required to ensure the sufficiency of such resources.

(4)

added The amount of Government-funded, contractor-provided test and evaluation resources that are currently provided or are planned to be provided as part of the program of record.

(5)

added The future availability of any resources identified under paragraph (4) for programs, projects, and activities other than the major defense acquisition program evaluated as part of the study.

(c)

added 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)

added Definitions— In this section:

(1)

added The term “covered Armed Force” means the Army, the Navy, the Marine Corps, and the Air Force.

(2)

added The term “major defense acquisition program” has the meaning given that term in section 4201 of title 10, United States Code.

Sec. 238 Periodic reports on risk distribution within research, development, test, and evaluation activities

added

(a)

added Reports required— In accordance with subsection (d), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Secretaries of the military departments, shall submit to the congressional defense committees periodic reports on the distribution of risk across the covered research activities of the Department of Defense.

(b)

added Elements— Each report under subsection (a) shall include, with respect to the year covered by the report, the following:

(1)

added A list of all covered research activities of the Department of Defense with each such research activity designated as either—

(A)

added research activity that is lower risk, such as efforts aimed at the incremental improvement of an existing product; or

(B)

added research activity that is higher risk, such as efforts aimed at the development of new technology that could disrupt an entire field (commonly referred to as “disruptive technology”).

(2)

added An assessment of whether the distribution of covered research activities among the risk categories described in subparagraphs (A) and (B) of paragraph (1) is optimal for serving the needs of the Department of Defense.

(3)

added Such other information as the Secretary of Defense determines appropriate.

(c)

added Covered research activity defined— In this section, the term “covered research activity” means a program, project, or other activity of the Department of Defense designated as budget activity 1 (basic research), budget activity 2 (applied research), or budget activity 3 (advanced technology development), as such budget activity classifications are set forth in volume 2B, chapter 5 of the Department of Defense Financial Management Regulation (DOD 7000.14–R).

(d)

added Submittal of reports—

(1)

added In general— The reports required under subsection (a) shall be submitted as follows:

(A)

added The first such report shall be submitted by not later than February 1, 2023.

(B)

added A report shall be submitted at the same time as each of the first three reports required under section 118c(e) of title 10, United States Code, after the date of the enactment of this Act.

(2)

added Termination of requirement— No report shall be required to be submitted under this section after the date of the submittal of the third report under paragraph (1)(B).

Sec. 301 Authorization of appropriations

added

added 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.

Sec. 311 Equivalent authority for environmental restoration projects at National Guard training sites

added

(a)

added Clarification of National Guard training sites— Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(4) The term “National Guard training site” means a facility or site when used for the training of 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, without regard to—

added “(A) the owner or operator of the facility or site; or

added “(B) whether the facility or site is under the jurisdiction of the Department of Defense or a military department.”

(b)

added Inclusion under Defense Environmental Restoration Program— Section 2701(a)(1) of such title is amended by inserting “and at National Guard training sites” after “at facilities under the jurisdiction of the Secretary”.

(c)

added Response actions at National Guard training sites— Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph:

added “(D) Each facility or site which was a National Guard training site at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.”

(d)

added Technical and conforming amendments—

(1)

added Repeal of provision— Section 2707 of such title is amended by striking subsection (e).

(2)

added Reference update— Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking “facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code” and inserting “National Guard training site, as such term is defined in section 2700 of title 10, United States Code”.

Sec. 312 Amendment to budgeting of Department of Defense relating to extreme weather

added

added 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)

added in paragraph (1), by striking “; and” and inserting a semicolon;

(2)

added in paragraph (2), by striking the period at the end and inserting “; and”; and

(3)

added by inserting after paragraph (2) the following:

added “(3) a calculation of the annual costs to the Department for assistance provided to—

added “(A) the Federal Emergency Management Agency or Federal land management agencies—

added “(i) pursuant to requests for such assistance; and

added “(ii) approved under the National Interagency Fire Center; and

added “(B) any State, Territory, or possession under title 10 or title 32, United States Code, regarding extreme weather.”

Sec. 313 Prototype and demonstration projects for energy resilience at certain military installations

added

(a)

added In general— Each Secretary of a military department shall ensure that covered prototype and demonstration projects are conducted at each military installation designated by that Secretary as an “Energy Resilience Testbed” pursuant to subsection (b).

(b)

added Selection of military installations—

(1)

added Selection— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department, in consultation with the Secretary of the Defense, shall—

(A)

added select at least two military installations under the jurisdiction of that Secretary for designation pursuant to paragraph (3); and

(B)

added incorporate the conduct of covered prototype and demonstration projects into the mission of each installation so selected.

(2)

added Considerations— In selecting military installations under paragraph (1), each Secretary of a military department shall, to the extent practicable, take into consideration the following:

(A)

added The mission of the installation.

(B)

added The geographic terrain of the installation and of the community surrounding the installation.

(C)

added The energy resources available to support the installation.

(D)

added Any State or local regulations that apply with respect to public or private utilities serving the installation.

(E)

added An assessment of any climate or extreme weather risks or vulnerabilities at the installation and the community surrounding the installation.

(3)

added Designation as Energy Resilience Testbed— Each installation selected under paragraph (1) shall be known as an “Energy Resilience Testbed”.

(c)

added 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)

added Energy storage technologies, including long-duration energy storage systems.

(2)

added Technologies that support electric vehicles or the transition to use of electric vehicles, including with respect to tactical vehicles.

(3)

added 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.

(4)

added Technologies to improve building energy management and control in a cyber-secure manner.

(5)

added Tools and processes for design, assessment, and decision-making on the installation with respect to climate resilience and hazard analysis, energy use, management, and the construction of climate resilient buildings and infrastructure.

(6)

added Carbon sequestration technologies.

(7)

added Technologies relating to on-site resilient energy generation, including advanced geothermal and advanced nuclear technologies.

(8)

added Port electrification and surrounding defense critical infrastructure and related non-Federal infrastructure, including surrounding defense community infrastructure.

(d)

added Briefing— Not later than 180 days after 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)

added An identification of each military installation so designated.

(2)

added A justification as to why each military installation so designated was selected for such designation.

(3)

added 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)

added Deadline for commencement of projects— The Secretary of Defense shall ensure that, beginning not later than one year after the date of the enactment of this Act, covered prototype and demonstration projects are conducted at, and such conduct is incorporated into the mission of, each military installation designated pursuant to subsection (b).

(f)

added Consortiums—

(1)

added 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 designated by that Secretary pursuant to subsection (b).

(2)

added Consortium entities— The entities described in this paragraph are as follows:

(A)

added National laboratories.

(B)

added Industry entities the primary work of which relates to energy and climate security technologies and business models.

(g)

added Authorities—

(1)

added 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)

added 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.

(h)

added 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.

(i)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.

(2)

added The term “community infrastructure” has the meaning given that term in section 2391(e) of tile 10, United States Code.

(3)

added The term “covered prototype and demonstration project” means a project to prototype and demonstrate advanced technologies to enhance energy resilience and climate security at a military installation.

(4)

added The term “military installation” has the meaning given that term in section 2867 of title 10, United States Code.

Sec. 314 Pilot program for transition of certain nontactical vehicle fleets of Department of Defense to electric vehicles

added

(a)

added 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 facilitate the transition of nontactical vehicle fleets of the Department of Defense at certain military installations to nontactical vehicle fleets comprised solely of electric vehicles, including through the maintenance on the installations of charging stations, microgrids, and other covered infrastructure sufficient to cover the energy demand of such fleets.

(b)

added Selection of military installations—

(1)

added Selection— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall—

(A)

added 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)

added 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)

added Priority— In selecting military installations under paragraph (1), each Secretary of a military department shall give priority to the following:

(A)

added Military installations with existing third-party financed, installed, operated, and maintained charging stations on the installation.

(B)

added Military installations with other existing covered infrastructure, including charging stations under ownership methods other than those specified in subparagraph (A), on the installation.

(C)

added Military installations located in a geographic region with existing covered infrastructure, including charging stations, proximate to the installation.

(D)

added Military installations with respect to which the Secretary determines the future inclusion on the installation of charging stations and other covered infrastructure is feasible and cost effective given the anticipated need for charging stations to service electric vehicles in the nontactical vehicle fleet at the installation (including those with respect to which the Secretary determines there may be an opportunity to enter into a contract for the third-party charging stations specified in subparagraph (A)).

(E)

added Military installations at which a project authorized under section 2914 of title 10, United States Code, (known as the Energy Resilience and Conservation Investment Program) and determined by the Secretary to be relevant to the pilot program has been conducted or is planned to be conducted pursuant to the future-years defense program submitted under section 221 of such title.

(3)

added Considerations— In determining whether a military installation should receive priority pursuant to paragraph (2)(D), each Secretary of a military department shall take into account the following:

(A)

added 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)

added The availability of adequate space for vehicles awaiting charging during peak usage times, as determined by the Secretary.

(C)

added Any required upgrades to covered infrastructure on the installation, including electrical wiring, anticipated by the Secretary.

(c)

added Transition plans—

(1)

added In general— Not later than one year after the date on which a Secretary of a military department submits a notification identifying a military installation under subsection (b)(1), that Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan for—

(A)

added the replacement of all vehicles in the nontactical vehicle fleet at the military installation with electric vehicles by January 1, 2025; and

(B)

added the maintenance on the military installation of charging stations and other covered infrastructure, including a microgrid, that will be sufficient—

(i)

added to cover the anticipated electricity demand of such electric vehicles; and

(ii)

added to improve installation energy resilience.

(2)

added Elements— Each plan under paragraph (1) shall include, with respect to the military installation covered by the plan, the following:

(A)

added A determination of the type and number of charging stations to include 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)

added A determination of the optimal ownership method to provide charging stations on the installation, taking into account the following:

(i)

added Use of Government-owned (purchased, installed, and maintained) charging stations.

(ii)

added Use of third-party financed, installed, operated, and maintained charging stations.

(iii)

added Use of financing models in which energy and charging infrastructure operations and maintenance are treated as a service.

(iv)

added Cyber and physical security considerations and best practices associated with different ownership, network, and control models.

(C)

added A determination of the optimal power source to provide charging stations at the installation, taking into account the following:

(i)

added Transformer and substation requirements.

(ii)

added Microgrids and distributed energy to support both charging requirements and energy storage.

(3)

added 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)

added Final deadline for replacement— Beginning not later than January 1, 2025, all vehicles in the nontactical vehicle fleet at each military installation selected under subsection (b) shall be electric vehicles.

(e)

added Definitions— In this section:

(1)

added The terms “Armed Forces” and “military departments” have the meanings given those terms in section 101 of title 10, United States Code.

(2)

added The term “charging station” means a collection of one or more electric vehicle supply equipment units.

(3)

added The term “covered infrastructure”—

(A)

added means infrastructure that the Secretary of Defense determines may be used to—

(i)

added charge electric vehicles, including by transmitting electricity to such vehicles directly; or

(ii)

added 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)

added includes—

(i)

added charging stations;

(ii)

added batteries;

(iii)

added battery-swapping systems;

(iv)

added microgrids;

(v)

added off-grid charging systems; and

(vi)

added 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.

(4)

added The term “electric vehicle” includes—

(A)

added 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)

added a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.

(5)

added The term “electric vehicle supply equipment unit” means the port that supplies electricity to one vehicle at a time.

(6)

added 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)

added The term military installation has the meaning given that term in section 2801 of title 10, United States Code.

(8)

added The term “nontactical vehicle” means a vehicle other than a tactical vehicle.

(9)

added 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.

Sec. 315 Pilot program on use of sustainable aviation fuel

added

(a)

added In general— The Secretary of Defense shall conduct a pilot program at two or more geographically diverse Department of Defense facilities for the use of sustainable aviation fuel. Such program shall be designed to—

(1)

added identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department of Defense; and

(2)

added explore opportunities for collaboration with nearby commercial airports and sustainable aviation fuel refinery facilities to facilitate such use.

(b)

added Selection of facilities—

(1)

added Selection— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select at least two geographically diverse Department facilities at which to carry out the pilot program. At least one such facility shall be a facility with an onsite refinery that is located in proximity to at least one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.

(2)

added Notice to Congress— Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice of the selection, including an identification of the facility selected.

(c)

added Certification and use of blended sustainable aviation fuel—

(1)

added Plans— For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—

(A)

added develop a plan on how to implement, by September 30, 2028, a certification program under which aviation fuel must be certified as blended to contain at least 10 percent sustainable aviation fuel as a requirement for use of the aviation fuel at the facility (in addition to any other fuel certification requirement of the Department of Defense or the Armed Forces);

(B)

added submit the plan to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(C)

added provide to such Committees a briefing on the plan that includes, at a minimum—

(i)

added a description of any operational, infrastructure, or logistical requirements and recommendations for the blending, certification, and use of sustainable aviation fuel; and

(ii)

added a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.

(2)

added 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 has been certified as blended to contain at least 10 percent sustainable aviation fuel.

(d)

added Criteria for sustainable aviation fuel— Sustainable aviation fuel used under the pilot program shall meet the following criteria:

(1)

added Such fuel shall be produced in the United States from non-food domestic feedstock sources.

(2)

added Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.

(e)

added Waiver— The Secretary may waive the requirement for the exclusive use at the facility of aviation fuel that has been certified as blended to contain at least 10 percent sustainable aviation fuel under the pilot program if the Secretary—

(1)

added determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and

(2)

added submits to the congressional defense committees notice of such waiver and the reasons for such waiver.

(f)

added Final report— At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program. Such report shall include each of the following:

(1)

added An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.

(2)

added A description of any operational, infrastructure, or logistical requirements and recommendations for the blending, certification, and use of sustainable aviation fuel, with a focus on scaling up military-wide adoption of such fuel.

(3)

added 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.

(4)

added A description of the effects on performance and operation aircraft using sustainable aviation fuel including—

(A)

added if used, considerations of various blending ratios and their associated benefits;

(B)

added efficiency and distance improvements of flights fuels using sustainable aviation fuel;

(C)

added weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;

(D)

added maintenance benefits of using sustainable aviation fuel, including engine longevity;

(E)

added the effect of the use of sustainable aviation fuel on emissions and air quality;

(F)

added 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

(G)

added benefits with respect to job creation in the sustainable aviation fuel production and supply chain.

(g)

added Sustainable aviation fuel defined— In this section, the term “sustainable aviation fuel” means liquid fuel that—

(1)

added consists of synthesized hydrocarbon;

(2)

added meets the requirements of—

(A)

added ASTM International Standard D7566 (or such successor standard); or

(B)

added the co-processing provisions of ASTM International Standard D1655, Annex A1 (or such successor standard);

(3)

added is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides;

(4)

added is not derived from palm fatty acid distillates; and

(5)

added conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance, for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.

Sec. 316 Policy to increase disposition of spent advanced batteries through recycling

added

(a)

added 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)

added Considerations— In developing the policy under subsection (a), the Assistant Secretary shall consider, at a minimum, the following recycling methods:

(1)

added Pyroprocessing.

(2)

added Hydroprocessing.

(3)

added Direct cathode recycling, relithiation, and upcycling.

Sec. 317 Guidance and target deadline relating to formerly used defense sites programs

added

(a)

added 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)

added Target deadline for Military Munitions Response Program— The Assistant Secretary of Defense for Energy, Installations, and Environment shall establish a target deadline for the completion of the cleanup of all Military Munitions Response Program sites.

Sec. 318 Budget information for alternatives to burn pits

added

added The Secretary of Defense shall include in the budget materials submitted to Congress in support of the Department of Defense budget for fiscal year 2024 (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code) a dedicated budget line item for incinerators and waste-to-energy waste disposal alternatives to burn pits.

Sec. 331 Defueling of Red Hill Bulk Fuel Storage Facility

added

(a)

added Deadline for completion of defueling—

(1)

added In general— Subject to the certification requirement under subsection (e), the Secretary of the Navy, in cooperation with the Director of the Defense Logistics Agency, shall complete the defueling of the Red Hill Bulk Fuel Storage Facility by not later than December 31, 2023.

(2)

added Report— Not later than December 31, 2022, the Secretary of the Navy 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 the defueling of the Red Hill Bulk Fuel Storage Facility.

(b)

added Compliance with applicable laws— The Secretary of the Navy, in coordination with the Administrator of the Environmental Protection Agency and the State of Hawaii, shall plan for and implement the defueling of the Red Hill Bulk Fuel Facility in a manner that complies with all applicable laws.

(c)

added Mitigation plan—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall make publicly available an unclassified report containing the plan of the Secretary for actions to be taken to mitigate the impacts caused by releases at the Red Hill Bulk Fuel Storage Facility, together with cost estimates for such actions.

(2)

added Briefing— Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on the actions and cost estimates included in the plan required under paragraph (1).

(d)

added Oversight requirements—

(1)

added Review— 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 an appropriate independent entity under which the entity agrees to conduct a review of the defueling process for the Red Hill Bulk Fuel Storage Facility.

(2)

added Reporting requirements— An agreement entered into under paragraph (1) shall provide that the non-Department of Defense entity shall produce and make publicly available, by not later than 30 days after the completion of the defueling of the Red Hill Bulk Fuel Storage Facility, an unclassified report on the defueling process.

(e)

added Certification requirement— The Secretary of the Navy may not begin the process of defueling the Red Hill Bulk Storage Facility before the date on which the Secretary of Defense submits to the congressional defense committees certification 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.

(f)

added Waiver—

(1)

added In general— The Secretary of Defense may waive the deadline under subsection (a)(1) for a period of not more than 180 days if the Secretary submits to the congressional defense committees certification in writing that—

(A)

added the Red Hill Bulk Fuel Storage Facility cannot be defueled safely and in an environmentally sound manner before the deadline; or

(B)

added the State of Hawaii Department of Health objects to the defueling of the Facility.

(2)

added Extensions— The Secretary may extend a waiver issued under paragraph (1) if the Secretary submits to the congressional defense committees an additional certification described in paragraph (1) and a justification for the extension of the waiver.

Sec. 332 Activities prior to decommissioning of Red Hill Bulk Storage Facility

added

(a)

added Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2023 may be obligated or expended to permanently close the Red Hill Bulk Fuel Storage Facility until the date that is one year after the date on which the Secretary of Defense, in consultation with the Commander of United States Indo-Pacific Command, submits to the congressional defense committees—

(1)

added the report required under subsection (b); and

(2)

added certification that—

(A)

added a fuel capacity that is equivalent to the capacity provided by the Red Hill Bulk Fuel Storage Facility has been added to the fuel capacity of United States Indo-Pacific Command; and

(B)

added the bulk fuel requirements of United States Indo-Pacific Command have been fully programmed for funding in the five fiscal years following the year in which the certification is submitted.

(b)

added Report required—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Defense shall submit to the congressional defense committees a report on the costs associated with replacing the Red Hill Bulk Fuel Storage Facility.

(2)

added Elements— The report required by paragraph (1) shall include each of the following:

(A)

added Detailed plans for how the Department of Defense will replicate the aggregate bulk fuel storage capacity of the Red Hill Bulk Fuel Storage Facility throughout the Indo-Pacific region, including on United States territories and possessions, as appropriate, in both steady state and in a major conflict lasting not less than 180 days, including through the use of—

(i)

added fleet oilers;

(ii)

added fuel bladders;

(iii)

added above ground storage facilities; and

(iv)

added hardened storage facilities.

(B)

added An identification of—

(i)

added any additional costs to the Department of acquiring or building the assets planned to replicate such fuel storage capacity and of obtaining any required environmental approvals to operate such assets; and

(ii)

added the timelines associated with acquiring or building such assets and obtaining such approvals.

(C)

added An analysis of the relative survivability, reliability, risks, and any advantages associated with the assets planned to replicate such fuel storage capacity, including any changes necessary for the operational plans of the Department compared to such operational plans as in effect when the Red Hill Bulk Fuel Storage Facility was operational.

(D)

added An identification of the cost to the Department of maintaining the Red Hill Bulk Fuel Storage Facility in an empty but rapidly reconstitutable state.

(E)

added Any other matters the Secretary of the Defense considers relevant.

(c)

added Rule of construction— Nothing in this section shall be construed to affect the authority of the Secretary of Defense or the Secretary of the Navy to conduct any of the following at Red Hill Bulk Fuel Storage Facility:

(1)

added Defueling activities.

(2)

added Remedial investigations.

(3)

added Site or safety inspections.

(4)

added Feasibility studies.

(5)

added Safety related repairs.

(6)

added Monitoring.

(7)

added Transferring of fuel.

(8)

added Maintenance and sustainment activities.

Sec. 333 Limitation on use of funds pending award of certain projects and implementation of certain recommendations

added

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for operations and maintenance, Navy, Administration line item, Line 440, not more than 25 percent may be obligated or expended until the date on which the Secretary of the Navy certifies to the congressional defense committees that the Navy has awarded the projects listed within Chapter 8.1.1, Table 8-1, and implemented the recommendation listed as D1 within Appendix A.1 and Appendix A.2, of the document prepared by Simpson Gumpertz & Heger Inc, entitled “Final Assessment Report: Assessment of Red Hill Underground Fuel Storage Facility Pearl Harbor, Hawaii” and dated April 29, 2022.

Sec. 334 Placement of sentinel or monitoring wells in proximity to Red Hill Bulk Fuel Facility

added

(a)

added In general— Not later than April 1, 2023, the Secretary of Defense, 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 Facility for the purpose of monitoring and tracking the movement of fuel that has escaped the Facility. Such report shall include—

(1)

added 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)

added an identification of the wells proposed to be established by the aquifer recovery working group;

(3)

added an analysis of the need for any wells not recommended by the aquifer recovery working group;

(4)

added the proposed number and location of any such additional wells; and

(5)

added the priority level of each proposed well based on—

(A)

added the optimal locations for new wells; and

(B)

added 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)

added 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 Defense shall provide to the congressional defense committees a briefing on the progress of the Department toward installing the wells described in paragraphs (2) and (3) of subsection (a).

Sec. 335 Report on Department of Defense efforts to track health implications of fuel leaks at Red Hill Bulk Fuel Facility

added

(a)

added In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of the Centers for Disease Control and Prevention and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees a report on the efforts of the Secretary to appropriately track the health implications of fuel leaks from the Red Hill Bulk Fuel Facility for members of the Armed Forces and their dependents, including members and dependents from each Armed Force, including the Coast Guard. The report shall include each of the following:

(1)

added A plan to coordinate with the Centers for Disease Control and Prevention to align with the environmental health assessment and monitoring efforts of the Centers.

(2)

added A description of any potential benefits of coordinating and sharing data with the State of Hawaii Department of Health.

(3)

added 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 from the Red Hill Bulk Fuel Facility.

(4)

added A description of the potential health implications of contaminants, including fuel, found in the drinking water distribution system at the Red Hill Bulk Fuel Facility during testing after the fuel leaks that occurred in May and November 2021.

(5)

added A description of any contaminants, including fuel, detected in the water during the 12-month period preceding the fuel leak that occurred in November 2021.

(6)

added 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 Facility before May 2021.

(b)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Committee on Energy and Commerce of the House of Representatives; and

(3)

added the Committee on Energy and Natural Resources of the Senate.

Sec. 336 Studies relating to water needs of the Armed Forces on Oahu

added

(a)

added Study on future water needs of Oahu—

(1)

added In general— Not later than July 31, 2023, the Secretary of the Defense, in coordination with the Honolulu Board of Water Supply, shall conduct a study on how the Department of Defense can best address the future water needs on the island of Oahu for the Armed Forces. Such study shall include consideration of—

(A)

added the construction of a new water treatment plant or plants;

(B)

added the construction of a new well for use by members of the Armed Forces and the civilian population;

(C)

added the construction of a new well for the exclusive use of members of the Armed Forces;

(D)

added transferring ownership and operation of existing Department of Defense utilities to a municipality or existing publicly owned utility;

(E)

added conveying the Navy utilities to the Honolulu Board of Water Supply, with consideration; and

(F)

added any other water solutions the Secretary determines appropriate.

(2)

added Coordination— In carrying out the study under paragraph (1), the Secretary shall coordinate with the State of Hawaii, the Honolulu Board of Water Supply, the Secretary of the Department in which the Coast Guard is operating, the Administrator of the Environmental Protection Agency, and any other individual or entity the Secretary determines appropriate.

(b)

added Hydrological study—

(1)

added In general— Not later than July 31, 2023, the Secretary of Defense shall enter into an agreement with the Administrator of the Environmental Protection Agency and the Director of the United States Geological Survey, in consultation with the State of Hawaii, to perform a study to model the groundwater flow in the area surrounding the Red Hill Bulk Fuel Storage Facility. The model shall be designed to—

(A)

added seek to improve the understanding of the direction and rate of groundwater flow and dissolved constituent migration within the aquifers around the facility;

(B)

added reflect site specific data, including available data of the heterogeneous subsurface geologic system; and

(C)

added address any previously identified deficiencies in existing groundwater flow models.

(2)

added Deadline for completion— The study under paragraph (1) shall be completed by not later than one year after the date of the enactment of this Act.

(c)

added Report; briefing—

(1)

added In general— Upon completion of the studies under subsections (a) and (b), the Secretary shall—

(A)

added submit to the appropriate congressional committees a report on the findings of the studies; and

(B)

added provide to such committees a briefing on such findings.

(2)

added Appropriate congressional committees— In this subsection, the term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives; and

(C)

added the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate.

Sec. 337 Study on alternative uses for Red Hill Bulk Fuel Facility

added

(a)

added Study required—

(1)

added 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 Facility and provide to the Secretary a report on the findings of the study. The conduct of such study shall include—

(A)

added engagement with stakeholders;

(B)

added a review of historical alternative uses of facilities with similar characteristics; and

(C)

added 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)

added 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)

added A primary focus on studies and analysis.

(B)

added A record of conducting research and analysis using a multidisciplinary approach.

(C)

added Demonstrated specific competencies in—

(i)

added life cycle cost-benefit analysis;

(ii)

added military facilities and how such facilities support missions; and

(iii)

added the measurement of environmental impacts.

(D)

added A strong reputation for publishing publicly releasable analysis to inform public debate.

(b)

added 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)

added The design and construction costs.

(2)

added 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)

added Any potential military benefits.

(4)

added Any potential benefits for the local economy, including any potential employment opportunities for members of the community.

(5)

added A determination of environmental impact analysis requirements.

(6)

added The effects of the use on future mitigation efforts.

(7)

added Any additional factors determined to be relevant by the federally funded research and development center in consultation with the Secretary.

(c)

added 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)

added 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)

added Public availability—

(1)

added 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)

added 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. 341 Prizes for development of non-PFAS-containing turnout gear

added

added 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)

added in subsection (a)—

(A)

added by striking “of a non-PFAS-containing” and inserting “of the following:”

added “(1) A non-PFAS-containing”

(B)

added by adding at the end the following new paragraph:

added “(2) Covered personal protective firefighting equipment that does not contain an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.”

(2)

added by amending subsection (f) to read as follows:

added “(f) Definitions—In this section:

added “(1) The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

added “(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.

added “(3) The term ‘covered personal protective firefighting equipment” means the following:

added “(A) Turnout gear jacket or coat.

added “(B) Turnout gear pants.

added “(C) Turnout coveralls.

added “(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. 342 Modification to restriction on Department of Defense procurement of certain items containing perfluorooctane sulfonate or perfluorooctanoic acid

added

(a)

added Modification— Section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531, 10 U.S.C. 3063 note) is amended—

(1)

added in the section heading, by striking “perfluorooctane sulfonate or perfluorooctanoic acid” and inserting “perfluoroalkyl substances or polyfluoroalkyl substances”;

(2)

added in subsection (a), by striking “perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA)” and inserting “any perfluoroalkyl substance or polyfluoroalkyl substance”; and

(3)

added by amending subsection (b) to read as follows:

added “(b) Definitions—In this section:

added “(1) The term “covered item” means the following:

added “(A) Nonstick cookware or food service ware for use in galleys or dining facilities.

added “(B) Food packaging materials.

added “(C) Cleaning products, including floor waxes.

added “(D) Carpeting.

added “(E) Rugs, curtains, and upholstered furniture.

added “(F) Sunscreen.

added “(G) Shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function.

added “(2) The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

added “(3) The term “polyfluoroalkyl substance” means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.”

(b)

added Reports on procurement of certain items without intentionally added perfluoroalkyl substances or polyfluoroalkyl substances— Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a detailed description of the following:

(1)

added Steps taken to identify covered items with any intentionally added perfluoroalkyl substance or polyfluoroalkyl substance procured by the Department of Defense.

(2)

added Steps taken to identify covered items without any intentionally added perfluoroalkyl substance or polyfluoroalkyl substance, and the vendors of such covered items, for procurement by the Department.

(3)

added Steps taken to limit the procurement by the Department of covered items with any intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.

(4)

added Planned steps of the Department to limit the procurement of items with any intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.

(c)

added Definitions— In this section:

(1)

added The term “covered item” includes the following:

(A)

added Nonstick cookware or food service ware for use in galleys or dining facilities.

(B)

added Food packaging materials.

(C)

added Cleaning products, including floor waxes.

(D)

added Carpeting.

(E)

added Rugs, curtains, and upholstered furniture.

(F)

added Sunscreen.

(G)

added Shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function.

(H)

added Such other items as may be determined by the Secretary of Defense.

(2)

added The terms “perfluoroalkyl substance” and “polyfluoroalkyl substance” have the meaning given such terms in section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531, 10 U.S.C. 3063 note), as amended by subsection (a).

Sec. 343 Prohibition on purchase by Department of Defense of firefighting equipment containing per- and polyfluoroalkyl substances

added

(a)

added Prohibition on procurement— Except as provided in subsection (d), beginning October 1, 2025, the Secretary of Defense may not enter into any contract for the purchase of personal protective firefighting equipment for use by firefighters of the Department of Defense if such equipment contains a per- or polyfluoroalkyl substance.

(b)

added Implementation— The Secretary of Defense shall include the prohibition under subsection (a) in any contract for the purchase of personal protective firefighting equipment for use by firefighters of the Department of Defense.

(c)

added Savings clause— Nothing in this section shall be construed—

(1)

added to require the Secretary of Defense to test any piece of covered personal protective firefighting equipment to confirm the absence of per- and polyfluoroalkyl substances; or

(2)

added to affect existing inventories of personal protective firefighting equipment.

(d)

added Lack of availability—

(1)

added In general— If the Secretary of Defense determines that equipment described in paragraph (2) is not available for purchase by the Department of Defense, the requirement under subsection (a) shall not apply until such date as the Secretary determines that such equipment is available for purchase.

(2)

added Equipment described— The equipment described in this paragraph is personal protective firefighting equipment that—

(A)

added does not contain a per- or polyfluoroalkyl substance;

(B)

added meets every applicable standard for personal protective firefighting equipment (other than a standard specifically relating to per- or polyfluoroalkyl substances); and

(C)

added is at least as protective as current personal protective firefighting equipment containing a per- or polyfluoroalkyl substance.

Sec. 344 Standards for response actions with respect to PFAS contamination

added

(a)

added In general— In conducting a response action to address perfluoroalkyl or polyfluoroalkyl substance contamination from Department of Defense or National Guard activities, the Secretary of Defense shall conduct such actions to achieve a level of such substances in the environmental media that meets or exceeds the most stringent of the following standards for each applicable covered PFAS substance in any environmental media:

(1)

added A State standard, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)), that is in effect in the State in which the response action is being conducted, regardless of whether any agency has made a determination under section 300.400(g) of title 40, Code of Federal Regulations, with respect to such standard for purposes of the response action.

(2)

added A Federal standard, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).

(3)

added A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).

(b)

added Definitions— In this section:

(1)

added The term covered PFAS substance means any of the following:

(A)

added Perfluorononanoic acid (PFNA).

(B)

added Perfluorooctanoic acid (PFOA).

(C)

added Perfluorohexanoic acid (PFHxA).

(D)

added Perfluorooctane sulfonic acid (PFOS).

(E)

added Perfluorohexane sulfonate (PFHxS).

(F)

added Perfluorobutane sulfonic acid (PFBS).

(G)

added Perfluoroheptanoic acid (PFHpA).

(H)

added Perfluorodecanoic acid (PFDA).

(I)

added Fluorotelomer sulfonamide betaine.

(2)

added The term response action means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604).

(c)

added Savings clause— Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

Sec. 345 List of certain PFAS uses deemed essential; briefings on Department of Defense procurement of certain items containing PFOS or PFOA

added

(a)

added List of PFAS uses deemed essential— Not later than June 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a list of each known use of per- or polyfluoroalkyl substances that the Secretary has deemed an essential use for which use of a replacement substance is impossible or impracticable. For each use so listed, the Secretary shall—

(1)

added identify why the use is essential; and

(2)

added provide a brief explanation as to why such replacement is impossible or impracticable, as the case may be.

(b)

added 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)

added Steps taken to identify covered items procured by the Department of Defense that contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA).

(2)

added Steps taken to identify products and vendors of covered items that do not contain PFOS or PFOA.

(3)

added Steps taken to limit the procurement by the Department of covered items that contain PFOS or PFOA.

(4)

added Steps the Secretary intends to take to limit the procurement of covered items that contain PFOS or PFOA.

(c)

added Covered item defined— In this section, the term “covered item” means—

(1)

added nonstick cookware or cooking utensils for use in galleys or dining facilities; and

(2)

added upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.

Sec. 351 Resources required for achieving materiel readiness metrics and objectives for major defense acquisition programs

added

(a)

added In general— Section 118 of title 10, United States Code, is amended:

(1)

added in subsection (d)(2), by striking “objectives” and inserting “objectives, such as infrastructure, workforce, or supply chain considerations”;

(2)

added redesignating subsection (e) as subsection (f); and

(3)

added inserting after subsection (d) the following new subsection (e):

added “(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—

added “(1) have been obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year;

added “(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

added “(3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.”

(b)

added 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)

added 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)

added for the budget request for fiscal year 2025, funding estimates are provided for an additional one-third of the major weapon systems; and

(3)

added 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

added

(a)

added Annual plan— Section 231 of title 10, United States Code, is amended—

(1)

added in the heading, by inserting “, maintenance, and modernization” after “construction”;

(2)

added by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;

(3)

added by inserting after subsection (c) the following new subsection:

added “(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:

added “(1) A plan for the maintenance and modernization of naval vessels that includes the following:

added “(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).

added “(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).

added “(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).”

(4)

added in subsection (f), as redesignated by paragraph (2), by inserting “ and the plan and certification under subsection (d)” after “subsection (a)”.

(b)

added 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:

Sec. 353 Independent study relating to fuel distribution logistics across United States Indo-Pacific Command

added

(a)

added Study— Not later than the 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 to conduct a study on fuel distribution logistics in the area of responsibility of the United States Indo-Pacific Command.

(b)

added Criteria for FFRDC— The federally funded research and development center with which the Secretary seeks to enter into an contract under subsection (a) shall meet the following criteria, as determined by the Secretary:

(1)

added A primary focus on the conduct of studies and analysis.

(2)

added A demonstrated record of conducting research and analysis using a multidisciplinary approach.

(3)

added A strong reputation for publishing publicly releasable analysis to inform public debate.

(c)

added Elements— The study conducted pursuant to subsection (a) shall include, with respect to the area of responsibility of the United States Indo-Pacific Command, the following:

(1)

added 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)

added 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)

added 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)

added 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)

added 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)

added An assessment of potential actions to mitigate any vulnerabilities identified pursuant to the study.

(d)

added Report—

(1)

added Submission to Secretary of Defense—

(A)

added In general— The Secretary of Defense shall require, as a term of any contract entered into with a federally funded research and development center to conduct a study pursuant to subsection (a), that not later than one year after the date of entering into such contract, the federally funded research and development center shall submit to the Secretary a report containing the findings of the study.

(B)

added Form— The report under subparagraph (A) shall be submitted in an unclassified and publicly releasable form, but may contain a classified annex.

(2)

added Submission to Congress— Not later than 30 days after the date on which the Secretary of Defense receives the report under paragraph (1), the Secretary shall submit to the appropriate congressional committees a copy of such report, submitted without change.

(e)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Transportation and Infrastructure of the House of Representatives; and

(C)

added the Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “contested logistics environment” has the meaning given that term in section 2926 of title 10, United States Code.

Sec. 361 Budgeting for depot and ammunition production facility maintenance and repair: annual report

added

added 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):

added “239d. Budgeting for depot and ammunition production facility maintenance and repair: annual report

added “(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.

added “(b) Elements—Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military department):

added “(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.

added “(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:

added “(A) The amount of appropriations budgeted for that fiscal year for depots, further disaggregated by the type of appropriation.

added “(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.

added “(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.

added “(D) A comparison of the budgeted amount identified under subparagraph (B) with the total required amount identified under subparagraph (C).

added “(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.

added “(3) For each covered facility of the military department, the following:

added “(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.

added “(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).

added “(c) Definitions—In this section:

added “(1) The term “ammunition production facility” means an ammunition organic industrial base production facility.

added “(2) The terms “budget” and “defense budget materials” have the meaning given those terms in section 234 of this title.

added “(3) The term “covered depot” has the meaning given that term in section 2476 of this title.

added “(4) The term “covered facility” means a covered depot or an ammunition production facility.”

Sec. 362 Extension of authorization of depot working capital funds for unspecified minor military construction

added

added Section 2208(u)(4) of title 10, United States Code, is amended by striking “2023” and inserting “2025”.

Sec. 363 Modification to minimum capital investment for certain depots

added

(a)

added Modification— Section 2476 of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by striking “six” and inserting “eight”; and

(B)

added by adding at the end the following new sentence: “Of such total amount required to be invested, an amount equal to not less than two percent of such average total for the preceding three fiscal years shall be invested from funds authorized for Facilities Sustainment, Restoration, and Modernization activities of the military department.”; and

(2)

added in subsection (b), by inserting “ including through the rebuilding of property following the end of the economic useful life of the property and the restoration of property or equipment to like-new condition,” after “operations,”;

(3)

added by redesignating subsections (c) through (e) as subsections (d) through (f); and

(4)

added by inserting after subsection (b) the following new subsection:

added “(c) Compliance with certain requirements—In identifying amounts to invest pursuant to the requirement under subsection (a), the Secretary of a military department shall comply with all applicable requirements of sections 129 and 129a of this title.”

(b)

added Conforming amendment— Section 2861(b) of such title is amended by striking “subsection (e) of section 2476” and inserting “subsection (f) of section 2476”.

(c)

added Applicability— The amendments made by subsection (a) shall apply with respect to fiscal years beginning on or after October 1, 2023.

Sec. 364 Continuation of requirement for biennial report on core depot-level maintenance and repair

added

(a)

added 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)

added 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. 365 Continuation of requirement for annual report on funds expended for performance of depot-level maintenance and repair workloads

added

(a)

added 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)

added 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. 366 Five-year plans for improvements to depot and ammunition production facility infrastructure

added

(a)

added Five-year plans required— Concurrent with the submission to Congress of the budget of the President for each of fiscal years 2024, 2025, 2026, 2027, and 2028 pursuant to section 1105(a) of title 31, United States Code, each Secretary of a military department shall submit to the congressional defense committees a report containing a description of the plan of that Secretary to improve depot and ammunition production facility infrastructure during the five fiscal years following the fiscal year for which such budget is submitted, with the objective of ensuring that all covered facilities have the capacity and capability to support the readiness and material availability goals of current and future weapon systems of the Department of Defense.

(b)

added Elements— Each plan required pursuant to subsection (a) shall include, with respect to the depots and ammunition production facilities of the military department for which the plan is submitted, the following:

(1)

added A comprehensive review of the conditions and performance of each covered facility, including the following:

(A)

added An assessment of the current status of the following elements:

(i)

added Cost and schedule performance of the covered facility.

(ii)

added Material availability of weapon systems supported at the covered facility and the impact of the performance of the covered facility on that availability.

(iii)

added Work in progress and non-operational items awaiting covered facility maintenance.

(iv)

added The condition of the covered facility.

(v)

added The backlog of restoration and modernization projects at the covered facility.

(vi)

added The condition of equipment at the covered facility.

(vii)

added The vulnerability of the covered facility to adverse environmental conditions and, if necessary, the investment required to withstand those conditions.

(B)

added With respect to the five-year period covered by the plan, an identification of the major lines of effort, milestones, and specific goals over such period to address the elements specified in subparagraph (A) and a description of how such goals serve the long-term strategies of the Department of Defense relating to covered facility improvement, including, as applicable, 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).

(2)

added The estimated costs of necessary depot and ammunition production facility 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)

added Information regarding the plan of the Secretary of the military department to initiate such environmental and engineering studies as may be necessary to carry out planned depot and ammunition production facility improvements.

(4)

added Detailed information regarding how depot improvement projects and ammunition production facility improvement projects will be paced and sequenced to ensure continuous operations.

(c)

added Incorporation of results-oriented management practices— Each plan required pursuant to 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)

added analytically based goals;

(2)

added results-oriented metrics;

(3)

added the identification of required resources, risks, and stakeholders; and

(4)

added regular reporting on progress to decision-makers.

(d)

added Definitions— In this section:

(1)

added The term “ammunition production facility” means an ammunition organic industrial base production facility.

(2)

added The term “covered depot” has the meaning given that term in section 2476 of title 10, United States Code.

(3)

added The term “covered facility” means a covered depot or an ammunition production facility.

Sec. 367 Clarification of calculation for certain workload carryover of Department of Army

added

added 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.

Sec. 371 Annual reports by Deputy Secretary of Defense on activities of Joint Safety Council

added

added Section 184(k) of title 10, United States Code is amended—

(1)

added by striking “Report.—The Chair” and inserting “Reports.—(1) The Chair”; and

(2)

added by adding at the end the following new paragraph:

added “(2) Not later than December 31, 2022, and on an annual basis thereafter, the Deputy Secretary of Defense shall submit to the congressional defense committees a report containing—

added “(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

added “(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. 372 Quarterly reports on expenditures for establishment of fuel distribution points in INDOPACOM area of responsibility

added

(a)

added Quarterly reports required— The Commander of United States Indo-Pacific Command shall submit to the congressional defense committees quarterly reports on the use of the funds described in subsection (c) until the date on which all such funds are expended.

(b)

added Contents of report— Each report required 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)

added 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.

Sec. 381 Accountability for military working dogs

added

(a)

added 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):

added “995. Accountability for military working dogs

added “(a) Annual reporting requirement for contractors

added “(1) Requirement—The Secretary of Defense shall require that each covered contractor submit to the Under Secretary of Defense (Comptroller), on an annual basis for the contract period, a report containing an identification of—

added “(A) 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

added “(B) the primary location of any such military working dogs.

added “(2) Guidance—The Under Secretary of Defense (Comptroller) shall issue guidance on the annual reporting requirement under paragraph (1) for purposes of carrying out this section.

added “(b) Annual report to Congress—Not later than March 1, 2023, and on an annual basis thereafter, the Secretary of Defense shall submit to the congressional defense a committees a report on the implementation of this section.

added “(c) Covered contractor defined—The term “covered contractor” means a contractor of the Department of Defense the contract of which the Secretary determines involves military working dogs.”

(b)

added Applicability— The amendments made by subsection (a) shall apply with respect to contracts entered into on or after the date of the enactment of this Act.

(c)

added 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 specified in section 995(a)(2) of title 10, United States Code, as added by subsection (a).

(d)

added Regulations to prohibit abandonment— Not later than 2 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. 382 Membership of Coast Guard on Joint Safety Council

added

added Section 184(b)(1) of title 10, United States Code, is amended—

(1)

added by redesignating subparagraph (D) as subparagraph (E); and

(2)

added by inserting after subparagraph (C) the following new subparagraph:

added “(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. 383 Requirement of Secretary of Defense to reimburse State costs of fighting certain wildland fires

added

(a)

added Requirement— Section 2691(d) of title 10, United States Code, is amended by striking “may” and inserting “shall”.

(b)

added Applicability— The amendment made by subsection (a) shall apply with respect to any lease, permit, license, or other grant of access that the Secretary of Defense enters into, or grants, on or after the date of the enactment of this Act.

Sec. 384 Expanded consultation in training of National Guard personnel on wildfire response

added

added Section 351 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by inserting “and the National Interagency Fire Center” after “Bureau”.

Sec. 385 Interagency collaboration and extension of pilot program on military working dogs and explosives detection

added

(a)

added 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)

added Review of research efforts of Department of Defense and Department of Homeland Security—

(1)

added 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)

added Matters— The review under paragraph (1) shall include an analysis of the following:

(A)

added 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)

added 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)

added 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)

added 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)

added Potential opportunities for the Secretary of Defense to collaborate with the Secretary of Homeland Security on research relating to explosives detection working dogs.

(F)

added 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)

added Plan required— Not later than 180 days of the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense 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)

added 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)

added An identification of specific programs or areas of research for such collaboration.

(3)

added An identification of any additional agreements or authorities necessary for the Secretaries to carry out such collaboration.

(4)

added An identification of additional funding necessary to carry out such collaboration.

(5)

added 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)

added A proposed timeline for the Secretary of Defense to engage in such collaboration, including specific proposed deadlines.

(7)

added Any other matters the Secretary of Defense considers appropriate.

(d)

added Explosives detection working dog— In this section, 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. 386 Establishment of Army and Air Force Safety Commands; implementation of accident investigation recommendations

added

(a)

added Safety Commands—

(1)

added Army Safety Command—

(A)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall establish within the Department of the Army an “Army Safety Command”.

(B)

added Commander— There is a Commander of the Army Safety Command. The Commander shall be selected by the Secretary of the Army from among the general officers of the Army who hold a rank of major general or higher.

(C)

added Duties— The duties of the Army Safety Command shall include, with respect to the Army, the formulation of safety policy, the development of risk management strategies, the monitoring of risk adjudication processes, the provision of safety-related training, and such other duties as the Secretary of the Army may determine appropriate.

(2)

added Air Force Safety Command—

(A)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish within the Department of the Air Force an “Air Force Safety Command”.

(B)

added Commander— There is a Commander of the Air Force Safety Command. The Commander shall be selected by the Secretary of the Air Force from among the general officers of the Air Force who hold a rank of major general or higher.

(C)

added Duties— The duties of the Air Force Safety Command shall include, with respect to the Air Force, the formulation of safety policy, the development of risk management strategies, the monitoring of risk adjudication processes, the provision of safety-related training, and such other duties as the Secretary of the Air Force may determine appropriate.

(3)

added Transfer of preexisting organizational elements— As of the date on which the Safety Command of a military department is established under this subsection, any element of that military department responsible for the duties of such Safety Command as of the day before the date of such establishment (including the duties, responsibilities, and personnel of any such element) shall be transferred to such Safety Command.

(4)

added Briefings— Not later than 90 days after the date on which the Safety Command of a military department is established under this subsection, the Secretary of that military department shall provide to the congressional defense committees a briefing on the duties, assigned personnel, key lines of effort, and organizational structure of such Safety Command.

(b)

added Implementation of accident investigation recommendation—

(1)

added Establishment of responsible entities—

(A)

added Army— Not later than 180 days of enactment of this Act, the Secretary of the Army shall establish within the Department of the Army an entity the primary responsibility of which is to ensure the implementation across the Army of recommended actions arising from accident investigations conducted by the Department of Defense.

(B)

added Air Force— Not later than 180 days of enactment of this Act, the Secretary of the Air Force shall establish within the Department of the Air Force an entity the primary responsibility of which is to ensure the implementation across the Air Force of recommended actions arising from accident investigations conducted by the Department of Defense.

(2)

added Briefings— Not later than 90 days after the date on which the Secretary of a military department establishes a responsible entity under paragraph (1), that Secretary shall provide to the congressional defense committees a briefing on the duties, assigned personnel, key lines of effort, and organizational structure of such entity.

Sec. 387 National standards for Federal fire protection at military installations

added

(a)

added Standards required— The Secretary of Defense shall ensure that—

(1)

added members of the Armed Forces and employees of Defense Agencies who provide fire protection services to military installations shall comply with the National Consensus Standards developed by the National Fire Protection Association pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113; 15 U.S.C. 272 note);

(2)

added 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)

added 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)

added Definitions— In this section:

(1)

added The terms “Armed Forces” and “Defense Agency” have the meanings given such terms in section 101 of title 10, United States Code.

(2)

added 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)

added The term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

Sec. 388 Pilot program for tactical vehicle safety data collection

added

(a)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall jointly carry out a pilot program to evaluate the feasibility of using data recorders to monitor, assess, and improve the readiness and safety of the operation of military tactical vehicles (in this section referred to as the “pilot program”).

(b)

added Purposes— The purposes of the pilot program are—

(1)

added to allow for the automated identification of hazards and potential hazards on and off military installations;

(2)

added to mitigate and increase awareness of hazards and potential hazards on and off military installations;

(3)

added to identify near-miss accidents;

(4)

added to create a standardized record source for accident investigations;

(5)

added to assess individual driver proficiency, risk, and readiness;

(6)

added to increase consistency in the implementation of military installation and unit-level range safety programs across military installations and units;

(7)

added to evaluate the feasibility of incorporating metrics generated from data recorders into the safety reporting systems and to the Defense Readiness Reporting System as a measure of assessing safety risks, mitigations, and readiness;

(8)

added to determine the costs and benefits of retrofitting data recorders on legacy platforms and including data recorders as a requirement in acquisition of military tactical vehicles; and

(9)

added any other matters as determined by the Secretary concerned.

(c)

added Requirements— In carrying out the pilot program, the Secretary of the Army and the Secretary of the Navy shall—

(1)

added assess the feasibility of using commercial technology, such as smartphones or technologies used by insurance companies, as a data recorder;

(2)

added test and evaluate a minimum of two data recorders that meet the pilot program requirements;

(3)

added select a data recorder capable of collecting and exporting the telemetry data, event data, and driver identification during operation and accidents;

(4)

added install and maintain a data recorder on a sufficient number of each of the military tactical vehicles listed under subsection (f) at installations selected by the Secretary concerned under subsection (e) for statistically significant results;

(5)

added establish and maintain a database that contains telemetry data, driver data, and event data captured by the data recorder;

(6)

added regularly generate for each installation selected under subsection (e) a dataset that is viewable in widely available mapping software of hazards and potential hazards based on telemetry data and event data captured by the data recorders;

(7)

added generate actionable data sets and statistics on individual, vehicle, and military installation;

(8)

added require commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the installation range safety program;

(9)

added require unit commanders at the installations selected under subsection (e) to incorporate the actionable data sets and statistics into the unit driver safety program;

(10)

added evaluate the feasibility of integrating data sets and statistics to improve driver certification and licensing based on data recorded and generated by the data recorders;

(11)

added use open architecture to the maximum extent practicable; and

(12)

added carry out any other activities determined by the Secretary as necessary to meet the purposes under subsection (b).

(d)

added 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 develop a plan for implementing the pilot program.

(e)

added Locations— Each Secretary concerned shall carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that meets the following conditions:

(1)

added Contains the necessary force structure, equipment, and maneuver training ranges to collect driver and military tactical vehicle data during training and routine operation.

(2)

added Represents at a minimum one of the five training ranges identified in the study by the Comptroller General of the United States titled “Army and Marine Corps Should Take Additional Actions to Mitigate and Prevent Training Accidents” that did not track unit location during the training events.

(f)

added Covered military tactical vehicles— The pilot program shall cover the following military tactical vehicles:

(1)

added Army Strykers.

(2)

added Marine Corps Light Armored Vehicles.

(3)

added Army Family of Medium Tactical Vehicles.

(4)

added Marine Corps Medium Tactical Vehicle Replacements.

(5)

added Army and Marine Corps High Mobility Multipurpose Wheeled Vehicles.

(6)

added Army and Marine Corps Joint Light Tactical Vehicles.

(7)

added Army and United States Special Operations Command Ground Mobility Vehicles.

(8)

added Army Infantry Squad Vehicles.

(g)

added Metrics— The Secretaries shall develop metrics to evaluate the effectiveness of the pilot program in monitoring, assessing, and improving vehicle safety, driver readiness, and mitigation of risk.

(h)

added Reports—

(1)

added Initial— 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 jointly submit to the congressional defense committees a report on the pilot program that addresses the plan for implementing the requirements under subsection (c), including the established metrics under subsection (g).

(2)

added Interim— Not later than three years after the commencement of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the status of the pilot program, including the preliminary results in carrying out the pilot program, the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service, and the implementation plan under subsection (d).

(3)

added Final—

(A)

added In general— Not later than 90 days after the termination of the pilot program, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees a report on the results of the program.

(B)

added Elements— The report required by subparagraph (A) shall—

(i)

added assess the effectiveness of the pilot program in meeting the purposes under subsection (b);

(ii)

added include the metrics generated during the pilot program, disaggregated by military tactical vehicle, location, and service;

(iii)

added include the views of range personnel, unit commanders, and tactical vehicle operators involved in the pilot program on the level of effectiveness of the technology selected;

(iv)

added provide a cost estimate for equipping legacy military tactical vehicles with data recorders;

(v)

added determine the instances in which data recorders should be a requirement in the acquisition of military tactical vehicles;

(vi)

added recommend whether the pilot program should be expanded or made into a program of record; and

(vii)

added recommend any statutory, regulatory, or policy changes required to support the purposes under subsection (b).

(i)

added Termination— The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.

(j)

added Definitions— In this section:

(1)

added The term accident means a collision, rollover, or other mishap involving a motor vehicle.

(2)

added The term data recorder means technologies installed in a motor vehicle to record driver identification, telemetry data, and event data related to the operation of the motor vehicle.

(3)

added The term driver identification means data enabling the unique identification of the driver operating a motor vehicle.

(4)

added The term event data includes data related to—

(A)

added the start and conclusion of each vehicle operation;

(B)

added a vehicle accident;

(C)

added a vehicle acceleration, velocity, or location with an increased potential for an accident; or

(D)

added a vehicle orientation with an increased potential for an accident.

(5)

added The term Secretary concerned means—

(A)

added the Secretary of the Army with respect to matters concerning the Army; and

(B)

added the Secretary of the Navy with respect to matters concerning the Navy and Marine Corps.

(6)

added 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.

(7)

added The term telemetry data includes—

(A)

added time;

(B)

added vehicle distance traveled;

(C)

added vehicle acceleration and velocity;

(D)

added vehicle orientation, including roll, pitch, and yaw; and

(E)

added vehicle location in a geographic coordinate system, including elevation.

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, 473,000.

(2)

changed The Navy, ~~346,300.~~348,220.

(3)

The Marine Corps, 177,000.

(4)

The Air Force, 323,400.

(5)

The Space Force, 8,600.

Sec. 402 Revisions in permanent active duty end strength minimum levels

added

added Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (5) and inserting the following new paragraphs:

added “(1) For the Army, 473,000.

added “(2) For the Navy, 348,220.

added “(3) For the Marine Corps, 177,000.

added “(4) For the Air Force, 323,400.

added “(5) For the Space Force, 8,600.”

Sec. 411 End strengths for Selected Reserve

added

(a)

added In general— The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2023, as follows:

(1)

added The Army National Guard of the United States, 336,000.

(2)

added The Army Reserve, 189,500.

(3)

added The Navy Reserve, 57,700.

(4)

added The Marine Corps Reserve, 33,000.

(5)

added The Air National Guard of the United States, 108,400.

(6)

added The Air Force Reserve, 70,000.

(7)

added The Coast Guard Reserve, 7,000.

(b)

added End strength reductions— The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1)

added 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)

added 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)

added End strength increases— Whenever units or individual members of the Selected Reserve of 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

added

added 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)

added The Army National Guard of the United States, 30,845.

(2)

added The Army Reserve, 16,511.

(3)

added The Navy Reserve, 10,077.

(4)

added The Marine Corps Reserve, 2,388.

(5)

added The Air National Guard of the United States, 26,630.

(6)

added The Air Force Reserve, 6,286.

Sec. 421 Military personnel

(a)

added 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)

added Construction of authorization— The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2023.

removed ~~There is hereby authorized to be appropriated for military personnel for fiscal year 2023 a total of $164,139,628,000.~~

Sec. 501 Distribution of commissioned officers on active duty in general officer and flag officer grades

added

added Section 525 of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added in the matter preceding paragraph (1), by striking “as follows:” and inserting an em dash;

(B)

added in paragraph (4)(C), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following new paragraph:

added “(5) in the Space Force, if that appointment would result in more than—

added “(A) 2 officers in the grade of general;

added “(B) 7 officers in a grade above the grade of major general; or

added “(C) 6 officers in the grade of major general.”;”

(2)

added in subsection (c)—

(A)

added in paragraph (1)(A), by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”; and

(B)

added in paragraph (2), by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”; and

(3)

added in subsection (d), by striking “or Commandant of the Marine Corps” and inserting “Commandant of the Marine Corps, or Chief of Space Operations”.

Sec. 502 Authorized strength after December 31, 2022: general officers and flag officers on active duty

added

added Section 526a of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added in the matter preceding paragraph (1), by striking “and Marine Corps” and inserting “Marine Corps, and Space Force”;

(B)

added in paragraph (1), by striking “220” and inserting “218”;

(C)

added in paragraph (2), by striking “151” and inserting “149”;

(D)

added in paragraph (3), by striking “187” and inserting “170”; and

(E)

added by adding at the end the following new paragraph:

added “(5) For the Space Force, 21.”

(2)

added in subsection (b)(2), by adding at the end the following new subparagraph:

added “(E) For the Space Force, 6.”

Sec. 503 Exclusion of lead special trial counsel from limitations on general officers and flag officers on active duty

added

added Section 526a of title 10, United States Code, as amended by section 502, is further amended—

(1)

added by redesignating the second subsection (i) as subsection (j);

(2)

added by redesignating subsections (g), (h), (i), and (j) as subsections (h), (i), (j), and (k), respectively; and

(3)

added by inserting after subsection (f) the following new subsection:

added “(g) Exclusion of officers serving as lead special trial counsel—The limitations in subsection (a) do 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 this title.”

Sec. 504 Constructive service credit for certain officers of the Armed Forces: authorization; special pay

added

(a)

added Constructive service credit for warrant officers— Section 572 of title 10, United States Code, is amended—

(1)

added by inserting “(a)” before “For the purposes”; and

(2)

added by adding at the end the following new subsection:

added “(b)

added “(1) 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:

added “(A) 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.

added “(B) 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.

added “(2) The authority under this subsection expires on December 31, 2027.”

(b)

added Special pay for certain officers commissioned or appointed with constructive service credit—

(1)

added Establishment— Subchapter II of chapter 5 of title 37, United States Code, is amended by inserting after section 336 the following new section:

added “337. Special pay: certain officers of the armed forces commissioned or appointed with constructive service credit

added “(a) Special pay authorized—The Secretary concerned may pay monthly special pay to an eligible officer under this section.

added “(b) Eligible officer defined—In this section, the term “eligible officer” means an officer who—

added “(1)

added “(A) received an original appointment in a commissioned grade on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023; and

added “(B) was credited by the Secretary of the military department concerned with constructive service under section 533(b)(1)(D) of title 10; or

added “(2)

added “(A) was originally appointed in a warrant officer grade on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023; and

added “(B) was credited by the Secretary concerned with constructive service under section 572(b) of title 10.

added “(c) Amount of pay—The Secretary concerned shall determine an amount of monthly special pay to pay to an eligible officer under this section. Such amount may not exceed $5,000 per month.

added “(d) Relationship to other incentives—Special pay under this section is in addition to any other pay or allowance to which an eligible officer is entitled.

added “(e) Sunset—No special pay may be paid under this section after December 31, 2027.”

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 336 the following:

(c)

added Regulations— The Secretaries concerned shall prescribe regulations to carry out the amendments made by this section not later than 180 days after the date of the enactment of this Act.

(d)

added Report— Not later than February 1, 2027, the Secretary of Defense, in consultation with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the amendments made by this section. Such report shall include—

(1)

added the evaluation of such amendments by the Secretary; and

(2)

added the recommendation of the Secretary whether such amendments should be made permanent.

(e)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The congressional defense committees.

(B)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The terms “congressional defense committees” and “Secretary concerned” have the meanings given such terms in section 101 of title 10, United States Code.

Sec. 505 Clarification of grade of Surgeon General of the Navy

added

added Section 8077 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(c) Grade—The Surgeon General, while so serving, shall hold the grade of O-9.”

Sec. 506 Assessments of staffing in the Office of the Secretary of Defense and other Department of Defense headquarters offices

added

(a)

added 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)

added A validation of every military staff billet assigned to the Office of the Secretary of Defense against existing military personnel requirements.

(2)

added 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)

added 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)

added 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)

added A validation of every military staff billet assigned to the Office of the Joint Chiefs of Staff against existing military personnel requirements.

(2)

added 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)

added 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)

added Interim briefing and report—

(1)

added 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)

added 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)

added 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)

added The methodology and process through which such validation was performed.

(C)

added Relevant statistical analysis on military billet fill rates against validated requirements.

(D)

added An analysis of unvalidated military billets currently performing staff support functions,

(E)

added The rationale for why unvalidated military billets may be required.

(F)

added The cost of military staff filling both validated and unvalidated billets.

(G)

added Lessons learned through the military billet validation process and statistical analysis under subparagraphs (B) through (F).

(H)

added Any other matters the Secretary determines relevant to understanding the use of military staff billets described in subsections (a) and (b).

(I)

added Any legislative, policy or budgetary recommendations of the Secretary related to the subject matter of the report.

Sec. 507 Survey of chaplains

added

(a)

added Development— The Secretary of Defense shall seek to enter into an agreement with a nonprofit entity or a federally funded research and development center to develop an anonymous survey of chaplains of the covered Armed Forces. The survey shall include questions regarding the following:

(1)

added Chaplain job satisfaction.

(2)

added The tools available for chaplains to minister to members of the covered Armed Forces.

(3)

added Resources available to support religious programs.

(4)

added Inclusion of chaplains in resiliency and wellness programs.

(5)

added The role of chaplains in embedded units, headquarters activities. and military treatment facilities.

(6)

added Recruitment and retention of chaplains.

(7)

added Any challenges in the ability of chaplains to offer ministry services.

(b)

added Administration— The Secretary shall administer the survey not later than 180 days after development.

(c)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and House of Representatives on the findings from the survey.

(d)

added Covered Armed Force defined— The term “covered Armed Force” means the following:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 508 Independent review of Army officer performance evaluations

added

(a)

added Study required— Not later than six months after the enactment of this Act, the Secretary of the Army shall seek to enter into an agreement with a private entity that the Secretary determines appropriate to—

(1)

added study the fitness report system used for the performance evaluation of Army officers; and

(2)

added provide to the Secretary recommendations regarding how to improve such system.

(b)

added Elements— The study required under subsection (a) shall include the following:

(1)

added An analysis of the effectiveness of the fitness report system at evaluating and documenting the performance of Army officers.

(2)

added A comparison of the fitness report system for Army officers with best practices for performance evaluations used by public- and private-sector organizations.

(3)

added An analysis of the value of Army fitness reports in providing useful information to officer promotion boards.

(4)

added An analysis of the value of Army fitness reports in providing useful feedback to Army officers being evaluated.

(5)

added Recommendations to improve the Army fitness report system to—

(A)

added increase its effectiveness at accurately evaluating and documenting the performance of Army officers;

(B)

added align with best practices for performance evaluations used by public- and private-sector organizations;

(C)

added provide more useful information to officer promotion boards; and

(D)

added provide more useful feedback regarding evaluated officers.

(c)

added Access to data and records— The Secretary of the Army shall ensure that the entity selected under subsection (a) has sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section.

(d)

added Submission to Department of the Army— Not later than one year after entering into an agreement under subsection (a), the entity that conducts the study under subsection (a) shall submit to the Secretary of the Army a report on the results of the study.

(e)

added Submission to Congress— Not later than 30 days after the date on which the Secretary of the Army receives the report under subsection (d), the Secretary shall submit to the congressional defense committees—

(1)

added an unaltered copy of such report; and

(2)

added any comments of the Secretary regarding such report.

Sec. 511 Grades of certain chiefs of reserve components

added

(a)

added In general—

(1)

added Chief of Army Reserve— Section 7038(b) of title 10, United States Code, is amended by striking paragraph (4) and inserting the following:

added “(4) The Chief of Army Reserve, while so serving, holds the grade of lieutenant general.”

(2)

added Chief of Navy Reserve— Section 8083(b) of such title is amended by striking paragraph (4) and inserting the following:

added “(4) The Chief of Navy Reserve, while so serving, holds the grade of vice admiral.”

(3)

added Commander, Marine Forces Reserve— Section 8084(b) of such title is amended by striking paragraph (4) and inserting the following:

added “(4) The Commander, Marine Forces Reserve, while so serving, holds the grade of lieutenant general.”

(4)

added Chief of Air Force Reserve— Section 9038(b) of such title is amended by striking paragraph (4) and inserting the following:

added “(4) The Chief of Air Force Reserve, while so serving, holds the grade of lieutenant general.”

(b)

added Effective date— The amendments made by subsection (a) shall take effect on the day that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.

Sec. 512 Grade of Vice Chief of the National Guard Bureau

added

added Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(c) Grade

added “(1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general.

added “(2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526 of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section.”

Sec. 513 Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition

added

added Paragraph (2) of section 14308(f) of title 10, United States Code, is amended to read as follows:

added “(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—

added “(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

added “(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—

added “(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

added “(ii) the date on which the officer occupies a billet in the next higher grade.”

Sec. 514 Financial assistance program for specially selected members: Army Reserve and Army National Guard

added

added Section 2107a of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by amending paragraph (1) to read as follows:

added “(1) The Secretary of the Army may appoint as a cadet in the Army Reserve or Army National Guard of the United States any eligible member of the program who—

added “(A)

added “(i) is enrolled in the Advanced Course of the Army Reserve Officers' Training Corps at a military college or a military junior college; or

added “(ii)

added “(I) is enrolled in the Advanced Course of the Army Reserve Officers' Training Corps at a civilian institution; and

added “(II) has completed the second year of a course of study in science, technology, engineering, mathematics, or a related field at such institution; and

added “(B) will be under 31 years of age on December 31 of the calendar year in which the member eligible under this section for appointment as a second lieutenant in the Army Reserve or Army National Guard.”

(B)

added by adding at the end the following new paragraph:

added “(3) The Secretary of the Army may prescribe regulations specifying—

added “(A) the courses of study that may be pursued by a member of the program for purposes of meeting the requirement under paragraph (1)(A)(ii); and

added “(B) the level of academic achievement needed to meet such requirement.”

(2)

added in subsection (b)(3)(B)(i), by inserting “or civilian institution” after “military junior college”;

(3)

added in subsection (c)—

(A)

added in paragraph (1), by inserting “or civilian institution” after “military junior college”;

(B)

added in paragraph (4)(A), by inserting “or civilian institution” after “military junior college”;

(4)

added by amending subsection (h) to read as follows:

added “(h)

added “(1) The Secretary of the Army may appoint each year under this section not less than 22 cadets at each military junior college at which there are not less than 22 members of the program eligible under subsection (b) for such an appointment. At any military junior college at which in any year there are fewer than 22 such members, the Secretary shall appoint each such member as a cadet under this section.

added “(2) The Secretary of the Army may appoint each year under this section the number of cadets from civilian institutions that the Secretary determines to be appropriate based on the needs of the Army.”

(5)

added in subsection (j), by inserting “or civilian institution” after “military junior college”.

Sec. 515 Inspections of National Guard

added

(a)

added Establishment— Chapter 1 of title 32, United States Code, is amended by inserting, after section 105, the following new section:

added “105A. Additional inspections

added “(a) Regular inspections required—The Secretary of the Army and the Secretary of the Air Force shall each prescribe regulations pursuant to which the National Guard of each State shall be inspected not less frequently than once every five years.

added “(b) Authorized inspectors—An inspection of the National Guard of a State under subsection (a) shall be conducted by—

added “(1) in the case of the Air National Guard, by a qualified member of the regular component of the Air Force or by the inspector general of the Department of the Air Force; or

added “(2) in the case of the Army National Guard, by a qualified member of the regular component of the Army or by the inspector general of the Department of the Army.

added “(c) Elements and recommendations—Each inspection under subsection (a) shall include—

added “(1) a review and assessment of—

added “(A) the command climate of the National Guard of the State;

added “(B) the extent to which members of such National Guard are treated with dignity and respect; and

added “(C) the compliance of such National Guard with statutory, regulatory, and other applicable requirements relating to—

added “(i) reporting and addressing sex-related offenses and sexual harassment;

added “(ii) training in sexual assault prevention and response; and

added “(iii) training in suicide prevention; and

added “(2) the inspector’s recommendation as to whether the Secretary of the military department concerned should designate the performance of such National Guard as unsatisfactory, satisfactory, or excellent.

added “(d) Performance grade—Following the conclusion of an inspection of a National Guard of a State under subsection (a), the Secretary of the military department concerned shall—

added “(1) based on the results of the inspection, designate the performance of such National Guard as unsatisfactory, satisfactory, or excellent; and

added “(2) post such designation on a publicly accessible website of the Department of Defense.

added “(e) Mandatory reinspection—A National Guard of a State that receives a designation of unsatisfactory under subsection (d) shall be reinspected in accordance with this section not later one year after the conclusion of the inspection that resulted in such designation.

added “(f) Reports

added “(1) In general—Not later than 90 days, after the conclusion of each inspection under this section, the Secretary of the military department concerned shall submit a report on the results of such inspection—

added “(A) to the Secretary of Defense; and

added “(B) to the Committees on Armed Services of the Senate and the House of Representatives.

added “(2) Elements—Each report under paragraph (1) shall—

added “(A) summarize the results of the inspection with respect to each element specified in subsection (c);

added “(B) indicate the designation issued for the National Guard of the State under subsection (d); and

added “(C) in the case of a National Guard of a State that received a designation of unsatisfactory under subsection (d) after a reinspection under subsection (e), include the Secretary’s recommendation as to whether—

added “(i) Federal funds should be withheld from such National Guard; or

added “(ii) such National Guard unit should be transferred to another State.

added “(g) Definitions—In this section:

added “(1) The term sex-related offense means an alleged sex-related offense (as defined in section 1044e(h) of this title).

added “(2) The term sexual harassment means the offense of sexual harassment as punishable under section 934 of this title (article 134 of the Uniform Code of Military Justice) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).

added “(3) The term State has the meaning given such term in section 901 of this title.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 105 the following new item:

Sec. 516 Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia

added

added Section 502(f)(2)(A) of title 32, United States Code, is amended to read as follows:

added “(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense, with the consent of—

added “(i) the chief executive officer of each State (as that term is defined in section 901 of this title) in which such operations or missions shall take place; and

added “(ii) if such operations or missions shall take place in the District of Columbia, the Mayor of the District of Columbia.”

Sec. 517 Extension of National Guard support for FireGuard program

added

added Section 515 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking “September 30, 2026” and inserting “September 30, 2029”.

Sec. 518 Notice to Congress before certain actions regarding units of certain reserve components

added

(a)

added 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)

added An analysis of how the covered action would improve readiness.

(2)

added A description of how the covered action would align with the National Defense Strategy and the supporting strategies of each military departments.

(3)

added 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)

added The projected cost and any projected long-term cost savings of the covered action.

(5)

added A detailed description of any requirements for new infrastructure or relocation of equipment and assets necessary for the covered action.

(6)

added An analysis whether the covered action would facilitate—

(A)

added total force integration; and

(B)

added general officer progression.

(7)

added A description of how the covered activity will affect the ability of the covered unit to accomplish its current mission.

(b)

added 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)

added Definitions— In this section:

(1)

added The term “covered action” means any of the following:

(A)

added To deactivate.

(B)

added To reassign.

(C)

added To move the home station.

(D)

added To reassign any responsibility.

(E)

added To integrate, in the case of—

(i)

added a covered unit and a unit of the regular component of a covered Armed Force; or

(ii)

added more than one covered unit.

(2)

added The term “covered Armed Force” means the following:

(A)

added The Army.

(B)

added The Navy.

(C)

added The Marine Corps.

(D)

added The Air Force.

(E)

added The Space Force.

(3)

added The term “covered unit” means a unit of a reserve component of a covered Armed Force.

Sec. 519 Plan to ensure reasonable access to the Junior Reserve Officers’ Training Corps

added

(a)

added Plan required— The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop a plan to increase the total number of units of the Junior Reserve Officers’ Training Corps to ensure that there is reasonable access to such units in each geographic region of the United States by not later than September 30, 2031.

(b)

added Elements— The plan required under subsection (a) shall include the following:

(1)

added A proposal to increase the total number of units of the Junior Reserve Officers’ Training Corps to ensure reasonable access for students throughout the United States.

(2)

added The estimated cost of implementing the proposed increase in the number of such units.

(3)

added A prioritized list of the States and regions in which the Secretary proposes adding additional units.

(4)

added Actions the Secretary expects to carry out to ensure adequate representation and fair access to such units for students in all regions of the United States, including rural and remote areas and in underrepresented States.

(5)

added To the extent appropriate, modifications to the requirements for such units, including the requirements applicable to instructors, to accommodate units in rural areas and small schools.

(6)

added A plan to increase school and community awareness of Junior Reserve Officers’ Training Corps programs in underrepresented areas.

(c)

added Report— 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 Senate and the House of Representatives a report that includes the plan developed under subsection (a).

(d)

added Reasonable access defined— In this section, the term “reasonable access”, when used with respect to units of the Junior Reserve Officers’ Training Corps, means a level of access determined by the Secretary of Defense be reasonable taking into account the demand for student participation, the availability of instructors, and the physical distance between units.

Sec. 521 Notification to next of kin upon the death of a member of the Armed Forces

added

added Subchapter II of chapter 75 of title 10, United States Code, is amended by adding at the end the following new section (and the table of sections at the beginning of such subchapter is amended accordingly):

added “1493. Notification to next of kin or other appropriate person: timing; training

added “(a) In general—In the event of a death that requires the Secretary of the military department concerned to provide a death benefit under this subchapter, such Secretary shall notify the next of kin or other appropriate person not later than four hours after such death.

added “(b) Death outside the United States—If a death described in subsection (a) occurs outside the United States, the Secretary of Defense, in coordination with the Secretary of State, shall attempt to delay reporting, by the media of the country in which such death occurs, of the name of the decedent until after the Secretary of the military department concerned has notified the next of kin or other appropriate person pursuant to subsection (a).

added “(c) Training—The Secretary of the military department concerned shall include a training exercise regarding a death described in this section in each major exercise or planning conference conducted by such Secretary or the Secretary of Defense.”

Sec. 522 Direct acceptance of gifts from certain sources by enlisted members

added

(a)

added Authority— Section 2601a of title 10, United States Code, is amended—

(1)

added in subsection (b)—

(A)

added by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

(B)

added in the matter preceding subparagraph (A), as redesignated, by striking “This section applies to” and inserting “(1) A member described in this paragraph is”;

(C)

added by adding at the end the following new paragraph:

added “(2) A member described in this paragraph is an enlisted member of the armed forces.”

(2)

added in subsection (d)—

(A)

added by inserting “(1)” before “The regulations”; and

(B)

added by adding at the end the following new paragraph:

added “(2) A member described in subsection (b)(2) may not accept a gift—

added “(A) from a source described in paragraph (1);

added “(B) solicited by the member;

added “(C) that a reasonable person would believe was intended to influence the member in the performance of duties as a member; or

added “(D) that a reasonable person would believe was intended to supplement the pay of the member.”

(b)

added Conforming amendments— Such section is further amended—

(1)

added in subsection (b)(1)(C), as redesignated, by striking “paragraph (1)” and inserting “subparagraph (A)”;

(2)

added in subsection (c), by striking “, (2) or (3)”; and

(3)

added in subsection (e), by striking “subsection (b)(2)” and inserting “subsection (b)(1)(B)”.

Sec. 523 Limitation of extension of period of active duty for a member who accepts a fellowship, scholarship, or grant

added

(a)

added Limitation— Subsection (b) of section 2603 of title 10, United States Code, is amended by adding at the end “No such period may exceed five years”.

(b)

added Retroactive effect— An agreement under such subsection, made by a member of the Armed Forces on or before the date of the enactment of this Act, may not require such member to serve on active duty for a period longer than five years.

Sec. 524 Elimination of time limit for mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine

added

added 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 in the matter preceding paragraph (1) by striking “During the time period 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”.

Sec. 525 Prohibition on use of photographs by certain military promotion boards

added

(a)

added In general— The Secretary of Defense shall ensure that no military promotion record of a covered Armed Force includes any official or unofficial photographs.

(b)

added Covered Armed Force defined— In this section, the term “covered Armed Force” means the following:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 526 Gender-neutral fitness standards for combat military occupational specialties of the Army

added

(a)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall—

(1)

added establish gender-neutral fitness standards for combat MOSs that are higher than those for non-combat MOSs; and

(2)

added provide a briefing to the Committees on Armed Services of the Senate and House of Representatives setting forth—

(A)

added the list of combat MOSs described in paragraph (1); and

(B)

added the methodology used to determine whether to include an MOS on such list.

(b)

added MOS defined— In this section, the term “MOS” means a military occupational specialty.

Sec. 527 Retention and recruitment of members of the Army who specialize in air and missile defense systems

added

(a)

added 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)

added Report— Not later than six 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.

(c)

added Implementation— Not later than September 30, 2023, the Secretary of the Army shall implement the steps identified in the report under subsection (b).

Sec. 528 Pilot program on remote personnel processing in the Army

added

(a)

added Pilot program— Not later than January 1, 2024, the Secretary of the Army shall implement a pilot program to test the use of a software application to expedite in-processing and out-processing at one or more military installations—

(1)

added under the jurisdiction of such Secretary; and

(2)

added located within the continental United States.

(b)

added Application requirements— The software application shall perform the following functions:

(1)

added Enable the remote in-processing and out-processing of covered personnel, including by permitting covered personnel to electronically sign forms.

(2)

added Reduce the number of hours required of covered personnel for in-processing and out-processing.

(3)

added Provide, to covered personnel and the commander of a military installation concerned, electronic copies of records related to in-processing and out-processing.

(c)

added Selection of location— In selecting a military installation for the pilot program, the Secretary shall give priority to the military installation that is the least popular according to preferences of Army officers in the Active Duty Officer Assignment Interactive Module.

(d)

added Termination— The pilot program shall terminate on January 1st, 2027.

(e)

added 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.

(f)

added Definitions— In this section:

(1)

added The term “covered personnel” includes members of the Army and civilian employees of the Department of the Army.

(2)

added The term “in-processing” means the administrative activities that covered personnel undertake pursuant to a permanent change of station.

(3)

added 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. 531 Sexual Harassment Independent Investigations and Prosecution

added

(a)

added Inclusion of sexual harassment in offenses subject to authority of special trial counsel—

(1)

added Definition of covered offense— 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), is amended—

(A)

added by striking “or”; and

(B)

added by striking “of this title” and inserting “, or the standalone offense of sexual harassment punishable under section 934 (article 134) of this title”.

(2)

added Effective date— The amendments made by subsection (a) shall take effect two years 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) as provided in section 539C of that Act.

(b)

added Independent investigation of sexual harassment—

(1)

added Definitions— 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), is amended—

(A)

added in subsection (a)—

(i)

added by striking “or Space Force” and inserting “Space Force, or Coast Guard”; and

(ii)

added by inserting “or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy)” after “Department of Defense”; and

(B)

added by amending subsection (e) to read as follows:

added “(e) Definitions—In this section:

added “(1) The term independent investigator means a member of the armed forces or a civilian employee of the Department of Defense or the Department of Homeland Security (in the case of a matter involving the Coast Guard when not operating as a service in the Navy) who—

added “(A) is outside the chain of command of the complainant and the subject of the investigation; and

added “(B) is trained in the investigation of sexual harassment, as determined by—

added “(i) the Secretary concerned, in the case of a member of the armed forces;

added “(ii) the Secretary of Defense, in the case of a civilian employee of the Department of Defense; or

added “(iii) the Secretary of Homeland Security, in the case of a civilian employee of the Department of Homeland Security.

added “(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).”

(2)

added Effective date— The amendments made by paragraph (1) 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) as provided in subsection (c) of that section.

Sec. 532 Matters in connection with special trial counsel

added

(a)

added Definition of covered offense—

(1)

added In general— Paragraph (17)(A) of section 801 of title 10, United States Code (article 1 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 section 531, is further amended by striking “section 920 (article 120)” and inserting “section 919a (article 119a), section 920 (article 120), section 920a (article 120a)”.

(2)

added Effective date— The amendments made by paragraph (1) shall—

(A)

added take effect on the date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81); and

(B)

added apply with respect to any offenses that occur after that date.

(b)

added 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 but not limited to 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), 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.

(c)

added Amendments 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.

(d)

added 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)

added the duties to be transferred under subsection (b);

(2)

added the positions to which those duties will be transferred; and

(3)

added any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer.

(e)

added Additional reporting relative 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 and the Secretary of the department in which the Coast Guard is operating (with respect to the Coast Guard) shall submit to the appropriate congressional committees 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)

added 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)

added The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of “covered offense”, disaggregated by offense and military service where possible.

(3)

added 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)

added 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)

added 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)

added A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of these reforms on the military justice system.

(f)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services of the House of Representatives.

(2)

added The Committee on Armed Services of the Senate.

(3)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(4)

added The Committee on Commerce, Science, and Transportation of the Senate.

Sec. 533 Standards for imposition of commanding officer’s non-judicial punishment

added

(a)

added Commanding officer’s non-judicial punishment—

(1)

added In general— Section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), is amended—

(A)

added by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;

(B)

added by inserting after subsection (b), the following new subsection:

added “(c)

added “(1) Except as provided in paragraphs (2) and (3), a commanding officer may not impose a punishment authorized in subsection (b) unless, before the imposition of such punishment, the commanding officer—

added “(A) requests and receives legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member; and

added “(B) provides the member who may be subject to such punishment with an opportunity to consult appropriate legal counsel.

added “(2) Paragraph (1) shall not apply to the punishments specified in subparagraphs (E) and (F) of subsection (b)(2).

added “(3) A commanding officer may waive the requirements set forth in subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if the commanding officer determines such a waiver is necessary on the basis of operational necessity.”

(C)

added in subsection (f), as so redesignated, by striking “subsection (d)” and inserting “subsection (e)”.

(2)

added Effective date and applicability— The amendments made by paragraph (1) shall take effect 180 days after the date of the enactment of this Act and shall apply with respect to punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), on or after such effective date.

(3)

added Additional guidance required— Not later than one year after the date of the enactment of this Act, each Secretary concerned shall prescribe regulations or issue other written guidance with respect to non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) that—

(A)

added

(i)

added identifies criteria to be considered when determining whether a member of the armed forces is attached to or embarked in a vessel for the purposes of determining whether such member may demand trial by court-martial in lieu of punishment under such section (article); and

(ii)

added establishes a policy about the appropriate and responsible invocation of such exception; and

(B)

added establishes criteria commanders must consider when evaluating whether to issue a waiver under subsection (c)(3) of such section (article) (as added by paragraph (1) of this subsection) on the basis of operational necessity.

(b)

added Modification of annual reports on racial and ethnic demographics in the military justice system— Section 486(b) of title 10, United States Code, is amended—

(1)

added in paragraph (7), by striking “and” at the end;

(2)

added in paragraph (8), by striking the period at the end and inserting a semicolon; and

(3)

added by adding at the end the following new paragraphs:

added “(9) with respect to principals on sea duty who were not attached to or embarked in a vessel (as determined by the Secretary of the Navy or the Secretary of the department in which the Coast Guard is operating), the number of non-judicial punishments proposed and finalized under section 815 of this title (article 15 of the Uniform Code of Military Justice), in total and disaggregated by—

added “(A) whether the commanding officer imposing non-judicial punishment requested and received legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member;

added “(B) whether the principal was provided the opportunity to consult appropriate legal counsel; and

added “(C) statistical category as related to the principal; and

added “(10) with respect to principals on sea duty who were attached to or embarked in a vessel (as determined by the Secretary of the Navy or the Secretary of the department in which the Coast Guard is operating), the number of non-judicial punishments proposed and finalized under section 815 of this title (article 15 of the Uniform Code of Military Justice), in total and disaggregated by—

added “(A) whether the commanding officer imposing non-judicial punishment requested and received legal guidance regarding the imposition of such punishment from a judge advocate or other legal officer of the armed force of which the commanding officer is a member;

added “(B) whether the principal was provided the opportunity to consult appropriate legal counsel; and

added “(C) statistical category as related to the principal.”

Sec. 534 Special trial counsel of the Air Force

added

(a)

added In general— Section 1044f of title 10, United States Code, is amended—

(1)

added in subsection (a), in the matter preceding paragraph (1), by striking “The policies shall” and inserting “Subject to subsection (c), the policies shall”;

(2)

added by redesignating subsection (c) as subsection (d); and

(3)

added by inserting after subsection (b) the following new subsection:

added “(c) Special trial counsel of department of the Air Force—In establishing policies under subsection (a), the Secretary of Defense shall—

added “(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

added “(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)

added 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) as provided in section 539C of that Act.

Sec. 535 Financial assistance for victims of offenses under the Uniform Code of Military Justice

added

(a)

added Military Crime Victims Financial Assistance Fund— Chapter 53 of title 10, United States Code, is amended by inserting before section 1045 the following new section:

added “1044g. Military Crime Victims Financial Assistance Fund

added “(a) Establishment—There is established in the Treasury of the United States a fund to be known as the “Military Crime Victims Financial Assistance Fund” (referred to in this section as the “Fund”).

added “(b) Administration of fund—The Secretary of the Treasury shall administer the Fund consistent with the provisions of this section.

added “(c) Deposits—There shall be deposited in the Fund the following:

added “(1) Any amounts appropriated to the Fund.

added “(2) Any amounts donated to the Fund.

added “(d) Availability and use of fund—Amounts in the Fund shall, to the extent provided in appropriations Acts, be available solely for the payment of financial assistance to victims of covered violent offenses in accordance with the regulations prescribed under subsection (e).

added “(e) Regulations—Not later than one year after the date of the enactment of this section, the Secretary of Defense shall prescribe regulations pursuant to which a victim of a covered violent offense may apply for and receive financial assistance payments from the Fund. Such regulations shall provide as follows:

added “(1) A victim of a covered violent offense may apply to the Fund for—

added “(A) a standard payment;

added “(B) a reimbursement payment; or

added “(C) a standard payment and a reimbursement payment.

added “(2) A standard payment to a victim shall be a fixed amount determined by the Secretary of Defense for each covered violent offense.

added “(3) A reimbursement payment to a victim shall be an amount determined by the Secretary of Defense that is sufficient to reimburse the victim for health care expenses, travel expenses, and expenses for property damage resulting from the covered violent offense, subject to such limits as the Secretary may prescribe. A reimbursement payment may not be made for any expenses for which a victim receives reimbursement from other sources, including insurance claims.

added “(4) An individual victim may receive not more than $50,000 from the Fund per incident.

added “(5) The eligibility of a victim to receive payments from the Fund shall be subject to such terms, conditions, and other requirements as the Secretary may prescribe.

added “(6) The Secretary may not make a payment from the Fund if the amount of such payment would exceed the amounts available in the fund.

added “(f) Annual reports—Not later than February 1 of each year, the Secretaries concerned, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that includes—

added “(1) a summary of the amounts deposited to and paid from the Fund during the preceding year;

added “(2) the number of victims who received payments from the Fund during the preceding year, set forth separately for each covered violent offense; and

added “(3) an estimate of the amount of appropriations required, if any, to maintain the solvency of the fund for the period of two fiscal years following the date of the report.

added “(g) Definitions—In this section:

added “(1) The term “appropriate congressional committees” means the following:

added “(A) The congressional defense committees.

added “(B) The Committee on Transportation and Infrastructure of the House of Representatives.

added “(C) The Committee on Commerce, Science, and Transportation of the Senate.

added “(2) The term covered violent offense means—

added “(A) an offense under section 918 (article 118), section 919 (article 119), section 919a (article 119a), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 922 (article 122), section 925 (article 125), section 928 (article 128), section 928a (article 128a), section 928b (article 128b), section 930 (article 130), or the standalone offense of sexual harassment as punishable under section 934 (article 134) of this title; or

added “(B) an attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of this title (article 880).

added “(3) The term victim means individual who has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a covered violent offense.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 1045 the following new item:

(c)

added Applicability— Eligibility to receive a payment from the Military Crime Victims Financial Assistance Fund under section 1044g of title 10, United States Code (as added by subsection (a)), shall be limited to individuals who—

(1)

added are victims of covered violent offenses that occur on or after the date of the enactment of this Act; and

(2)

added apply for payment from the Fund after the effective date of the regulations prescribed under subsection (e) of such section 1044g.

(d)

added Progress report—

(1)

added In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on plans of the Secretary for implementing the Military Crime Victims Financial Assistance Fund under section 1044g of title 10, United States Code (as added by subsection (a)).

(2)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means the following:

(A)

added The congressional defense committees.

(B)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

Sec. 536 Addressing sex-related offenses and sexual harassment involving members of the National Guard

added

(a)

added Addressing certain sex-related offenses—

(1)

added In general— Chapter 80 of title 10, United States Code, is amended by inserting after section 1561b the following new section:

added “1561c. Addressing sex-related offenses and sexual harassment involving members of the National Guard

added “(a) In general—An adjutant general who receives notice of an allegation of a sex-related offense or sexual harassment committed by a member of the National Guard under the jurisdiction of the adjutant general shall, not later than 72 hours after receiving such notice—

added “(1) report the allegation to the Chief of the National Guard Bureau; and

added “(2) ensure that the alleged victim is informed of the availability of Special Victims’ Counsel in accordance with section 1044e of this title, as applicable.

added “(b) Initial report

added “(1) Elements—Each report under subsection (a)(1) shall include the following:

added “(A) A summary of the allegation.

added “(B) Identification of—

added “(i) the individual who is alleged to have committed the offense;

added “(ii) the alleged victim of the offense; and

added “(iii) the individual or entity that is investigating the allegation.

added “(C) A statement indicating whether the alleged victim has been informed of the availability of legal counsel in accordance with subsection (a)(2).

added “(2) Late reports—In the event that an adjutant general submits a report required under subsection (a) after the expiration of the 72-hour period specified in such subsection, the report shall include—

added “(A) the information specified in paragraph (1); and

added “(B) an explanation of the reasons the report was not timely submitted.

added “(c) Final report—Not later than 30 days after determining whether or not to take action against a member of the National guard accused of a sex-related offense or sexual harassment, the adjutant general shall submit to the Chief of the National Guard Bureau a report that includes—

added “(1) the information described in subparagraphs (A) and (B) of subsection (b)(1);

added “(2) a description of any administrative, judicial, or other action taken against the member; and

added “(3) if no such action was taken, an explanation of the reasons the adjutant general declined to take such action.

added “(d) Applicability—The requirements of this section shall apply with respect to an allegation of a sex-related offense or sexual harassment of which an adjutant general receives notice after the date of the enactment of this section without regard to—

added “(1) the jurisdiction in which the offense occurred; or

added “(2) whether prosecution for the offense would be time barred by a statute of limitations.

added “(e) Definitions—In this section:

added “(1) The term sex-related offense means an alleged sex-related offense (as defined in section 1044e(h) of this title).

added “(2) The term sexual harassment means the offense of sexual harassment as punishable under section 934 of this title (article 134 of the Uniform Code of Military Justice) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).”

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item:

(b)

added Effective date— The amendments made by subsection (a) shall take effect immediately after the effective date of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act.

(c)

added Implementation— The Secretary of Defense shall prescribe regulations implementing section 1561c of title 10, United States Code, as added by subsection (a).

Sec. 537 Prohibition on sharing of information on domestic violence incidents

added

added Section 1562 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(c) Prohibition on sharing of certain information

added “(1) In general—In a case in which the information maintained and reported by the Secretary of a military department under subsection (b) includes the findings of an Incident Determination Committee, the Secretary may not share such findings with any party other than the administrator of the database under subsection (a).

added “(2) Waiver—The Secretary of Defense may waive the prohibition under paragraph (1) on a case-by-case basis if the Secretary determines that it is necessary to share the findings of an Incident Determination Committee with a member of the Armed Forces or a civilian employee of the Department of Defense acting within the scope of their official duties.

added “(3) Incident Determination Committee defined—In this subsection, the term “Incident Determination Committee” means a committee established at a military installation that is responsible for reviewing a reported incident of domestic violence and determining whether such incident constitutes serious harm to the victim according to the applicable criteria of the Department of Defense.”

Sec. 538 Mandatory notification of members of the Armed Forces identified in certain records of criminal investigations

added

(a)

added In general— Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

added “1567b. Mandatory notification of members of the armed forces and reserve components identified in certain records of criminal investigations

added “(a) Notification of inclusion in MCIO records—As soon as practicable after the conclusion of a criminal investigation for which a military criminal investigative organization is the lead investigative agency, the head of such organization shall provide, to any member or a former member of the armed forces and reserve components who is designated in the records of the organization as a subject of such investigation, written notice of such designation.

added “(b) Initial notification of previous inclusion in MCIO records—Not later than 180 days after the date of the enactment of this section, the head of each military criminal investigative organization shall provide, to any member or former member of the armed forces and reserve components who is designated after January 1, 2011 in the records of the organization as a subject of a criminal investigation that is closed as of such date, written notice of such designation.

added “(c) Contents of notice—Each notice provided under subsection (a) and (b) shall include the following information—

added “(1) The date on which the member was designated as a subject of a criminal investigation in the records of the military criminal investigative organization.

added “(2) Identification of each crime for which the member was investigated, including a citation to each provision of chapter 47 of this title (the Uniform Code of Military Justice) that the member was suspected of violating, if applicable.

added “(3) Instructions on how the member may seek removal of the record in accordance with subsection (d).

added “(d) Removal of record—The Secretary of Defense shall—

added “(1) establish a process through which a member of the armed forces and reserve components who receives a notice under subsection (a) or (b) may request the removal of the record that is the subject of such notice; and

added “(2) issue uniform guidance, applicable to all military criminal investigative organizations, specifying the conditions under which such a record may be removed.

added “(f) On-going and sensitive investigations—The head of a military criminal investigative organization may waive the notification requirements of this section if such head determines that a notification made pursuant to this section would—

added “(1) endanger any witness or victim of the offense under investigation;

added “(2) disclose the existence of an intelligence or counterintelligence investigation; or

added “(3) compromise or reveal any other on-going criminal investigation.

added “(e) Military criminal investigative organization defined—In this section, the term “military criminal investigative organization” means any organization or element of the Department of Defense or an armed force that is responsible for conducting criminal investigations, including—

added “(1) the Army Criminal Investigation Command;

added “(2) the Naval Criminal Investigative Service;

added “(3) the Air Force Office of Special Investigations;

added “(4) the Coast Guard Investigative Service; and

added “(5) the Defense Criminal Investigative Service.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

Sec. 539 Sentencing parameters under the Uniform Code of Military Justice for hate crimes

added

added Section 539E(e)(2)(A)(ii) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 856 note) is amended by inserting “(including whether the offense is described in section 249 of title 18)” after “district court”.

Sec. 539A Limitation on availability of funds for relocation of Army CID special agent training course

added

(a)

added 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)

added

(A)

added the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives—

(i)

added 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)

added the implementation plan required by subsection (b) of such section; and

(iii)

added 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)

added 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)

added a period of 90 days has elapsed following the briefing under subparagraph (B); and

(2)

added 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)

added Definitions— In this section:

(1)

added 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)

added 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. 539B Recommendations for sentencing of marijuana-based offenses under the Uniform Code of Military Justice

added

(a)

added Recommendations— The Military Justice Review Panel shall develop recommendations specifying appropriate sentencing ranges for offenses involving the use and possession of marijuana under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). In developing such recommendations, the Military Justice Review Panel shall consider—

(1)

added how the sentences typically imposed for marijuana-based offenses under such chapter compare to the sentences typically imposed for other comparable offenses, such as offenses involving the misuse of alcohol; and

(2)

added the overall burden on the military justice system of the current approach of the Department of Defense to sentencing marijuana-based offenses under such chapter.

(b)

added Report— Not later than 180 days after the date of the enactment of this Act, the Military Justice Review Panel shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the recommendations developed under subsection (a).

Sec. 539C Report on sharing information with counsel for victims of offenses under the Uniform Code of Military Justice

added

(a)

added 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 appropriate congressional committees 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)

added Elements— The report under subsection (a) shall include the following:

(1)

added 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)

added the privacy of individuals;

(B)

added the criminal investigative process; and

(C)

added the military justice system generally.

(2)

added If the Advisory Committee determines that the establishment of such a policy is feasible and advisable, a description of—

(A)

added 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)

added any circumstances under which some or all of such information should not be shared.

(3)

added Such recommendations for legislative or administrative action as the Advisory Committee considers appropriate.

(c)

added Information described— The information described in this subsection is the following:

(1)

added Any recorded statements of the victim to investigators.

(2)

added 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)

added Any medical record of the victim that is in the possession of investigators or the Government.

(d)

added Definitions— In this section—

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Commerce, Science, and Transportation of the Senate; and

(C)

added the Committee on Transportation and Infrastructure of the House of Representatives.

(2)

added The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

Sec. 541 Clarifications of procedure in investigations of personnel actions taken against members of the Armed Forces in retaliation for protected communications

added

(a)

added In general— Subparagraphs (D) and (E) of paragraph (4) of section 1034(c) of title 10, United States Code, is amended to read as follows:

added “(D)

added “(i) Upon determining that an investigation of an allegation under paragraph (1) is warranted, the Inspector General making the determination shall expeditiously investigate the allegation to determine whether the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b) that was taken or withheld (or threatened to be taken or withheld) against a member of the armed forces.

added “(ii) In the case of a determination made by the Inspector General of the Department of Defense, that Inspector General may delegate responsibility for the investigation to an appropriate Inspector General of a military department.

added “(iii) The member alleging the prohibited personnel action may use circumstantial evidence to demonstrate that the protected communication or activity under subsection (b) was a contributing factor in the personnel action prohibited under subsection (b). Such circumstantial evidence may include that the person taking such prohibited personnel action knew of the protected communication or activity, and that the prohibited personnel action occurred within a period of time such that a reasonable person could conclude that the communication or protected activity was a contributing factor in the personnel action.

added “(iv) If the Inspector General determines it likelier than not that the member made a communication or participated in an activity protected under subsection (b) that was a contributing factor in a personnel action described in such subsection, the Inspector General shall presume such personnel action to be prohibited under such subsection unless the Inspector General determines there is clear and convincing evidence that the same personnel action would have occurred in the absence of such protected communication or activity.

added “(E) If the Inspector General preliminarily determines in an investigation under subparagraph (D) that a personnel action prohibited under subsection (b) has occurred and that such personnel action shall result in an immediate hardship to the member alleging the personnel action, the Inspector General shall promptly notify the Secretary of the military department concerned or the Secretary of Homeland Security, as applicable, of the hardship, and such Secretary shall take such action as such Secretary determines appropriate.”

(b)

added Technical amendments— Such paragraph is further amended in subparagraphs (A) and (B) by striking “subsection (h)” both places it appears and inserting “subsection (i)”.

Sec. 542 Primary prevention of violence

added

(a)

added Annual primary prevention research agenda— Section 549A(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81l 10 U.S.C. 1561 note) is amended—

(1)

added by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively;

(2)

added by inserting after paragraph (1) the following new paragraphs:

added “(2) include a focus on whether and to what extent sub-populations of the military community may be targeted for sexual assault, sexual harassment, or domestic violence more than others;

added “(3) seek to identify factors that influence the prevention, perpetration, and victimization of sexual assault, sexual harassment, and domestic violence;

added “(4) seek to improve the collection and dissemination of data on hazing and bullying related to sexual assault, sexual harassment, and domestic violence;”

(3)

added in paragraph (6), as redesignated by paragraph (1) of this section, by amending the text to read as follows:

added “(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)

added Primary prevention workforce— Section 549B of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 501 note) is amended—

(1)

added in subsection (c), by adding at the end the following new paragraph:

added “(3) Comptroller General report—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023, the Comptroller General of the United States shall submit to the appropriate congressional committees a report comparing the sexual harassment and prevention training of the Department of Defense with similar programs at other Federal departments and agencies and including data collected by colleges and universities and other relevant outside entities.”

(2)

added by adding at the end the following new subsections:

added “(e) Incorporation of research and findings—The Primary Prevention Workforce established under subsection (a) shall, on a regular basis, incorporate findings and conclusions from the primary prevention research agenda established under section 549A, as appropriate, into the work of the workforce.

added “(f) Appropriate congressional committees defined—In this section, the term “appropriate congressional committees” means the following:

added “(1) The Committees on Armed Services of the Senate and House of Representatives.

added “(2) The Committees on Appropriations of the Senate and House of Representatives.

added “(3) The Committee on Committee on Homeland Security and Governmental Affairs of the Senate.

added “(4) The Committee on Oversight and Reform of the House of Representatives.”

Sec. 543 Treatment of certain complaints from members of the Armed Forces

added

(a)

added Regulations required— Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall issue regulations implementing subsections (b) and (c).

(b)

added Mandatory IG investigation of certain complaints—

(1)

added Inspector General investigation— A complaint described in paragraph (2) from a member an Armed Force under the jurisdiction of the Secretary of a military department—

(A)

added may be investigated only by the Inspector General of the Armed Force or military department concerned; and

(B)

added may not be referred to an individual in the chain of command of the complainant for investigation.

(2)

added Complaint Described— A complaint described in this paragraph—

(A)

added is a complaint alleging that there was a violation of a Department of Defense policy relating to the investigation, processing, or other administrative treatment of a report sexual assault, sexual harassment, or domestic violence; and

(B)

added does not include a complaint alleging an actual act of sexual harassment, sexual assault, or domestic violence.

(c)

added Opportunity to withdraw complaints before referral to chain of command—

(1)

added Notice an opportunity to withdraw— An Inspector General of an Armed Force or military department who is in receipt of a complaint that is eligible for referral to the chain of command of the complainant may refer such complaint to the chain of command only if the Inspector General—

(A)

added notifies the complainant of the intent of the Inspector General to make such referral; and

(B)

added provides the complainant with the opportunity to withdraw the complaint during the period of 10 days following the issuance of such notice.

(2)

added Effect of withdrawal— If a complainant withdraws a complaint pursuant to paragraph (1)(B), the Inspector General may not refer the complaint to an individual in the complainant’s chain of command and there shall be no further investigation of the complaint.

Sec. 544 Pilot program on financial assistance for victims of domestic violence

added

(a)

added In general— Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary makes grants, on a discretionary basis, to qualified victims of domestic violence to assist such victims in seeking refuge from an abuser.

(b)

added Disbursement— A grant under subsection (a) may be disbursed—

(1)

added as a single, lump sum payment; or

(2)

added in multiple payments at such times and in such amounts as the Secretary determines appropriate.

(c)

added Maximum amount— A qualified victim of domestic violence may receive not more than a total of $7,500 in grants under subsection (a) during the victim’s lifetime.

(d)

added Report— Not later than one year prior to the termination date specified in subsection (e), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that—

(1)

added evaluates the effectiveness of the pilot program under this section; and

(2)

added indicates whether the pilot program should be continued or expanded.

(e)

added Termination— The authority to carry out the pilot program under this section shall terminate six years after the date of the enactment of this Act.

(f)

added Regulations— The Secretary of Defense shall prescribe regulations implementing this section.

(g)

added Definitions— In this section:

(1)

added The term domestic violence means an act described in section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice).

(2)

added The term qualified victim of domestic violence means an individual who meets the following criteria:

(A)

added The individual is a member of an Armed Force or a spouse, intimate partner, or immediate family member of a member of an Armed Force.

(B)

added The individual reported an incident of domestic violence to an organization or element of the Department of Defense or to a civilian law enforcement organization.

(C)

added The individual or a dependent of that individual was an alleged victim of such incident.

(D)

added The individual demonstrates—

(i)

added an intent to seek refuge from the alleged abuser; and

(ii)

added a need for financial assistance.

Sec. 545 Agreements with civilian victim service agencies

added

(a)

added Guidance required— The Secretary of Defense, in consultation with the Secretaries of the military departments and the Secretary of the department in which the Coast Guard is operating (with respect to the Coast Guard), shall issue guidance pursuant to which installation commanders may enter into memoranda of understanding with qualified victim service agencies for purposes of providing services to victims of sexual assault in accordance with subsection (b).

(b)

added Contents of agreement— A memorandum of understanding entered into under subsection (a) shall provide that personnel of the sexual assault prevention and response program at a military installation may refer a victim of sexual assault to a qualified civilian victim service agency if such personnel determine that such a referral would benefit the victim.

(c)

added Victim service agency defined— In this section, the term “victim service agency” means an agency which may provide legal services, counseling, or safe housing.

Sec. 546 Activities to improve information sharing and collaboration on matters relating to the prevention of and response to domestic abuse and child abuse and neglect among military families

added

(a)

added Enhancement of activities for awareness of military families regarding family advocacy programs and other similar services—

(1)

added Pilot program on information on FAPs for families— The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of various mechanisms to inform families about the Family Advocacy Programs and resiliency training of the covered Armed Forces during command orientation and during enrollment in the Defense Enrollment Eligibility Reporting System. The matters assessed by the pilot program shall include the following:

(A)

added An option for training of family members on the Family Advocacy Programs.

(B)

added The provision to families of information on the resources available through the Family Advocacy Programs.

(C)

added The availability through the Family Advocacy Programs of both restricting and unrestricted reporting on incidents of domestic abuse.

(D)

added The provision to families of information on the Military OneSource program of the Department of Defense.

(E)

added The provision to families of information on resources relating to domestic abuse and child abuse and neglect that are available through local community service organizations.

(F)

added The availability of the Military and Family Life Counseling Program.

(2)

added Outreach on FAP and similar services for military families— Each Secretary of a military department shall improve the information available to military families under the jurisdiction of such Secretary that are the victim of domestic abuse or child abuse and neglect in order to provide such families with comprehensive information on the services available to such families in connection with such violence and abuse and neglect. The information so provided shall include a complete guide to the following:

(A)

added The Family Advocacy Program of the covered Armed Force or military department concerned.

(B)

added Military law enforcement services, including the process following a report of an incidence of domestic abuse or child abuse or neglect.

(C)

added Other applicable victim services.

(b)

added Improvement of collaboration in domestic abuse prevention services—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, Department of Defense Instruction 6400.01, relating to the Family Advocacy Program of the Department of Defense, shall be modified to enhance collaboration among the programs and entities specified in paragraph (2) for the purpose of leveraging the expertise and resources of such programs and components to order to improve the availability and scope of domestic abuse prevention services for military families.

(2)

added Programs and entities— The programs and entities specified in this paragraph are the following:

(A)

added The Family Advocacy Program of the Department of Defense.

(B)

added The Sexual Assault Prevention and Response Office of the Department of Defense.

(C)

added The Defense Suicide Prevention Office..

(D)

added The Defense Equal Opportunity Management Institute.

(E)

added The Defense Health Agency.

(F)

added The substance abuse prevention programs and entities of the covered Armed Forces.

(G)

added Relevant programs and entities of the Department of Veterans Affairs.

(H)

added Civilian organizations with missions relevant to domestic abuse prevention, including community health and social services organizations.

(I)

added Such other programs and entities as the Secretary of Defense considers appropriate.

(c)

added Covered Armed Force defined— In this section, the term “covered Armed Force” means the following:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 551 Increase in maximum number of students enrolled at Uniformed Services University of the Health Sciences

added

added Section 2114(f)(2) of title 10, United States Code, is amended by striking “40” and inserting “60”.

Sec. 552 Authorization of certain support for military service academy foundations

added

(a)

added 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:

added “2246. Authorization of certain support for military service academy foundations

added “(a) Authority—Subject to subsection (b), the Secretary of the military department concerned may provide the following support to a covered foundation:

added “(1) The use, on an unreimbursed basis, of facilities or equipment of the United States by the covered foundation, authorized by any—

added “(A) general or flag officer;

added “(B) Senior Executive Service employee assigned to the Service Academy supported by that covered foundation; or

added “(C) official designated by the Secretary concerned.

added “(2) Endorsement by an individual described in paragraph (1) of—

added “(A) the covered foundation;

added “(B) an event of the covered foundation; or

added “(C) an activity of the covered foundation.

added “(b) Limitations—Support under subsection (a) may be provided only if such support—

added “(1) is without any liability of the United States to the covered foundation;

added “(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;

added “(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; and

added “(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.

added “(c) Briefing—In any fiscal year during which support is provided 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 congressional defense committees regarding the number of events or activities of a covered foundation in which an individual described in subsection (a)(1) participated during such fiscal year.

added “(d) Definitions—In this section:

added “(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:

added “(A) Recruiting.

added “(B) Parent or alumni development.

added “(C) Academic, leadership, or character development.

added “(D) Institutional development.

added “(E) Athletics.

added “(2) The term “Service Academy” has the meaning given such term in section 347 of this title.”

(b)

added 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:

Sec. 553 Agreement by a cadet or midshipman to play professional sport constitutes a breach of service obligation

added

(a)

added United States Military Academy— Section 7448 of title 10, United States Code, is amended as follows:

(1)

added Paragraph (5) of subsection (a) is amended to read as follows:

added “(5) The cadet may not obtain employment, including as a professional athlete, until after completing the cadet’s commissioned service obligation.”

(2)

added Subsection (b) is amended by adding at the end the following new paragraph:

added “(4) A cadet who violates paragraph (5) of subsection (a) by obtaining employment as a professional athlete is not eligible for the alternative obligation under paragraph (1).”

(3)

added Subsection (c) is amended—

(A)

added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

added by inserting, after paragraph (1), the following new paragraph (2):

added “(2) that a cadet who obtains employment as a professional athlete before completing the cadet’s commissioned service obligation has breached an agreement under such subsection;”

(4)

added Subsection (d) is amended—

(A)

added by striking “with respect to an officer who is a graduate of the Academy” and inserting “with respect to a cadet”; and

(B)

added by striking “officer’s” and inserting “cadet’s”.

(5)

added Subsection (f) is amended by striking “the terms” and inserting “each term”.

(b)

added United States Naval Academy— Section 8459 of title 10, United States Code, is amended as follows:

(1)

added Paragraph (5) of subsection (a) is amended to read as follows:

added “(5) The midshipman may not obtain employment, including as a professional athlete, until after completing the midshipman’s commissioned service obligation.”

(2)

added Subsection (b) is amended by adding at the end the following new paragraph:

added “(4) A midshipman who violates paragraph (5) of subsection (a) by obtaining employment as a professional athlete is not eligible for the alternative obligation under paragraph (1).”

(3)

added Subsection (c) is amended—

(A)

added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

added by inserting, after paragraph (1), the following new paragraph (2):

added “(2) that a midshipman who obtains employment as a professional athlete before completing the midshipman’s commissioned service obligation has breached an agreement under such subsection;”

(4)

added Subsection (d) is amended—

(A)

added by striking “with respect to an officer who is a graduate of the Academy” and inserting “with respect to a midshipman”; and

(B)

added by striking “officer’s” and inserting “midshipman’s”.

(5)

added Subsection (f) is amended by striking “the terms” and inserting “each term”.

(c)

added United States Air Force Academy— Section 9448 of title 10, United States Code, is amended as follows:

(1)

added Paragraph (5) of subsection (a) is amended to read as follows:

added “(5) The cadet may not obtain employment, including as a professional athlete, until after completing the cadet’s commissioned service obligation.”

(2)

added Subsection (b) is amended by adding at the end the following new paragraph:

added “(4) A cadet who violates paragraph (5) of subsection (a) by obtaining employment as a professional athlete is not eligible for the alternative obligation under paragraph (1).”

(3)

added Subsection (c) is amended—

(A)

added by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B)

added by inserting, after paragraph (1), the following new paragraph (2):

added “(2) that a cadet who obtains employment as a professional athlete before completing the cadet’s commissioned service obligation has breached an agreement under such subsection;”

(4)

added Subsection (d) is amended—

(A)

added by striking “with respect to an officer who is a graduate of the Academy” and inserting “with respect to a cadet”; and

(B)

added by striking “officer’s” and inserting “cadet’s”.

(5)

added Subsection (f) is amended by striking “the terms” and inserting “each term”.

Sec. 554 Naval Postgraduate School: attendance by enlisted members

added

(a)

added Sense of Congress— It is the sense of Congress that:

(1)

added The demands of the future operating environment need to be met by the most professional, intelligent, innovative, and capable servicemembers our nation has ever produced.

(2)

added Though officers comprise roughly 18% of the armed forces, they receive significantly higher investments into their education up to the PhD level than that of their enlisted counterparts.

(3)

added Investing in enlisted advanced education will strengthen the lethality of the armed forces by producing higher quantities of noncommissioned officers able to operate through the intellectual demands of complex contingencies, producing military leaders at rates higher than is otherwise feasible with the pool of eligible officers.

(4)

added Conducting research and analysis on the impact of advanced education on enlisted servicemembers performance, promotion rate, misconduct, and retention is critical to propelling the Department of Defense’s initiatives for a modern, state-of-the art approach to education and research to create and sustain an intellectual overmatch in today’s warfighting domains.

(5)

added The Naval Postgraduate School serves as a converging point for all branches of the United States military while simultaneously offering innovative learning environments that, combined, offers an ideal testing ground to evaluate the potential benefits of expanding enlisted higher education across the Joint Force.

(b)

added 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” and inserting “at a rate of acceptance not to be conditioned by the number of officer applications”.

(c)

added 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)

added Any increase to the lethality of the Armed Forces.

(2)

added Effects on rates of recruitment, promotion (including compensation to members), and retention.

(3)

added Effects on malign behavior by members of the Armed Forces.

Sec. 555 Authority to waive tuition at United States Air Force Institute of Technology for certain private sector civilians

added

added Section 9414a(e)(1) of title 10, United States Code, is amended—

(1)

added in by striking “The United” and inserting “Subject to paragraph (3), the United”; and

(2)

added by adding at the end the following:

added “(3) The Director and Chancellor of the United States Air Force Institute of Technology may waive tuition for a student, enrolled under this section, who attends a course for professional continuing education.”

Sec. 556 Terms of Provost and Academic Dean of the United States Air Force Institute of Technology

added

(a)

added In general— Paragraph (2) of subsection (b) of section 9414b of title 10, United States Code, is amended to read as follows: “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”.

(b)

added Conforming amendment— Paragraph (1) of such subsection is amended by striking “appointed” and inserting “selected”.

Sec. 557 Establishment of consortium for curricula in military education

added

(a)

added Establishment— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff, and in coordination with the Under Secretary of Defense for Personnel and Readiness, shall establish a consortium of the institutions of military education and covered entities.

(b)

added Activities— The duties of the consortium shall be to conduct research and develop common, research-based curricula for the institutions of military education in order to improve military education for students of the consortium members.

(c)

added Curricula—

(1)

added In general— Curricula developed by the consortium shall—

(A)

added be more responsive to new opportunities and challenges in an era of great power competition, and in which security requires knowledge of economics, new technologies, supply chains, and adversarial governments;

(B)

added creatively apply military power to inform national strategy, conduct globally integrated operations, and fight under conditions of disruptive change; and

(C)

added include non-military topics, such as diplomacy, economics, information, intelligence, and culture.

(2)

added Applied Design for Innovation of the Defense Analysis Department at the Naval Postgraduate School— The Secretary may make permanent the curriculum of the Applied Design for Innovation of the Defense Analysis Department at the Naval Postgraduate School and use such curriculum as a model to be replicated at other institutions of military education.

(d)

added Director— The Director of the consortium shall be the President of National Defense University.

(e)

added Meetings— The consortium shall meet at the call of the Director, in accordance with the following:

(1)

added The consortium and the Chiefs of the Armed Forces shall meet not less than once annually to establish or revise curricula.

(2)

added The consortium shall meet not less than twice annually to establish a plan of action and milestones to prepare curricula.

(f)

added Reports—

(1)

added Interim report— 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 Senate and House of Representative an interim report on the organization, activities, funding, actions and milestones of the consortium.

(2)

added Annual report— Not later than September 30 of each year, beginning in 2024 and ending in 2028, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representative a report describing the activities, funding, curricula created, and research conducted by the consortium during the preceding year.

(g)

added Termination— The consortium shall terminate on September 30, 2028.

(h)

added Definitions— In this section:

(1)

added The term “institutions of military education” means—

(A)

added the professional military education schools;

(B)

added the senior level service schools;

(C)

added the intermediate level service schools;

(D)

added the joint intermediate level service school;

(E)

added the Naval Postgraduate School; and

(F)

added the military service academies.

(2)

added The term “covered entity” means—

(A)

added an institution of higher education that the Secretary determines has an established program of education regarding national security or technology relevant to the Department of Defense; or

(B)

added an entity that the Secretary determines conducts research in policy relevant to the Department of Defense.

(3)

added The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (Public Law 89–329; 20 U.S.C. 1001).

(4)

added 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.

(5)

added The term “military service academy” means the following:

(A)

added The United States Military Academy.

(B)

added The United States Naval Academy.

(C)

added The United States Air Force Academy.

(6)

added The term “professional military education schools” means the schools specified in section 2162 of title 10, United States Code.

Sec. 558 Establishment of consortium of institutions of military education for cybersecurity matters

added

(a)

added Establishment— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Personnel and Readiness, shall establish a consortium of the institutions of military education and covered entities.

(b)

added Functions— The functions of the consortium include the following:

(1)

added To provide a forum for members of the consortium to share information regarding matters of education on cybersecurity, including—

(A)

added education of cyber mission forces;

(B)

added lessons learned;

(C)

added the intersection of cybersecurity across all warfighting domains; and

(D)

added other matters of cybersecurity related to national security.

(2)

added To develop a cybersecurity research agenda to—

(A)

added identify gaps in cybersecurity of the Department of Defense; and

(B)

added study offensive threats, defensive threats, and active deterrence in the cyber domain.

(3)

added To provide the Secretary, the consortium members, and other entities determined appropriate by the Secretary, access to the expertise of the members of the consortium on matters relating to cybersecurity.

(4)

added To align the efforts of the members of the consortium to support cybersecurity of the Department of Defense.

(c)

added Director— The Director of the consortium shall be the President of National Defense University. The Director shall consult and coordinate with representatives of the institutions of military education and covered entities.

(d)

added Meetings— The consortium shall meet at the call of the Director, including—

(1)

added not less than once annually with the Chiefs of the Armed Forces; and

(2)

added not less than once annually to conduct cyber space war games wherein members of the consortium compete.

(e)

added Coordination with other entities— The Consortium shall, to the maximum extent practicable, coordinate on matters of mutual interest and align its efforts with the consortium established under section 1659 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note).

(f)

added Reports—

(1)

added Interim report— 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 Senate and House of Representative an interim report on the organization, activities, funding, actions and milestones of the consortium.

(2)

added Annual report— Not later than September 30 of each year, beginning in 2024 and ending in 2028, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representative a report describing the activities, funding, research conducted by the consortium, and other matters determined by the Secretary, during the preceding year.

(g)

added Termination— The consortium shall terminate on September 30, 2028.

(h)

added Definitions— In this section:

(1)

added The term “institutions of military education” means—

(A)

added the professional military education schools;

(B)

added the senior level service schools;

(C)

added the intermediate level service schools;

(D)

added the joint intermediate level service school;

(E)

added the Naval Postgraduate School; and

(F)

added the military service academies.

(2)

added The term “covered entity” means—

(A)

added an institution of higher education that the Secretary determines has an established program of education regarding cybersecurity or technology relevant to the Department of Defense; or

(B)

added an entity that the Secretary determines conducts research in cybersecurity relevant to the Department of Defense.

(3)

added The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (Public Law 89–329; 20 U.S.C. 1001).

(4)

added 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.

(5)

added The term “military service academy” means the following:

(A)

added The United States Military Academy.

(B)

added The United States Naval Academy.

(C)

added The United States Air Force Academy.

(6)

added The term “professional military education schools” means the schools specified in section 2162 of title 10, United States Code.

Sec. 559 Commission on Professional Military Education

added

(a)

added Establishment— There is established a commission to examine the purpose, implementation, outcomes, and relevance of professional military education programs operated by the Department of Defense. The commission shall be known as the “Commission on Professional Military Education” (referred to in this section as the “Commission”).

(b)

added Membership—

(1)

added Composition— The Commission shall be composed of the following members:

(A)

added Two members appointed by the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a Senator and one who may not be a Senator.

(B)

added Two members appointed by the Ranking Minority Member of the Committee on Armed Services of the Senate, one of whom shall be a Senator and one who may not be a Senator.

(C)

added Two members appointed by the Chair of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one who may not be a Member of the House of Representatives.

(D)

added Two members appointed by the Ranking Minority Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one who may not be a Member of the House of Representatives.

(2)

added Chair— The Commission shall have one Chair, selected by the members of the Commission.

(c)

added Appointment; initial meeting—

(1)

added Appointment— Members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act.

(2)

added Initial meeting; notice— The Commission shall hold its initial meeting on or before the date that is 90 days after the date of the enactment of this Act. In lieu of publication in the Federal Register, the Commission shall post a notice of such meeting on a publicly accessible website of the Commission at least 15 days before such meeting.

(d)

added Meetings; notice; quorum; vacancies—

(1)

added In general; notice— After its initial meeting, the Commission shall meet—

(A)

added upon the call of the Chair of the Commission; and

(B)

added not fewer than 15 days after posting a notice of such meeting on a publicly accessible website of the Commission, in lieu of publication in the Federal Register.

(2)

added Quorum— Five members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony.

(3)

added Vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4)

added Quorum with vacancies— If vacancies in the Commission occur on any day after 60 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day.

(e)

added Actions of Commission—

(1)

added In general— The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present.

(2)

added Subcommittees— The Commission may establish subcommittees composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this section. The actions of any such subcommittee shall be subject to the review and control of the Commission. Any findings and determinations made by such a subcommittee shall not be considered the findings and determinations of the Commission unless approved by the Commission.

(3)

added Delegation— Any member, agent, or staff of the Commission may, if authorized by the Chair of the Commission, take any action which the Commission is authorized to take pursuant to this section.

(f)

added Duties— The duties of the Commission are as follows:

(1)

added To—

(A)

added review the purpose and desired outcomes, as indicated in Department of Defense Instruction 1322.35, of professional military education in support of the National Defense Strategy; and

(B)

added evaluate whether the Armed Forces are achieving such purpose and outcomes.

(2)

added To review and evaluate the means by which faculty assigned to teach professional military education are selected, managed, promoted, evaluated, and afforded academic freedom, including—

(A)

added members serving on active duty;

(B)

added civilian instructors who are military retirees; and

(C)

added civilian instructors who are not military retirees.

(3)

added To—

(A)

added review how members are selected for residential and non-residential professional military education;

(B)

added evaluate whether students are adequately prepared for professional military education programs; and

(C)

added whether additional entrance requirements, such as a writing assessment and academic prerequisites, should be established.

(4)

added To—

(A)

added review and assess how the performance of professional military education students is evaluated during the academic year;

(B)

added how such performance is reflected in the service records of such students; and

(C)

added consider whether students assigned to residential professional military education at the war colleges should be objectively evaluated by the faculty for potential at more senior ranks.

(5)

added To review and evaluate whether and how professional military education prepares graduates for senior-level operational and strategic assignments.

(6)

added To review and evaluate whether and how the Armed Forces consider and fully leverage professional military education in subsequent assignments.

(7)

added To consider whether professional military education tracks focused on China, Russia, or other key adversaries or topics of importance to the National Defense Strategy would provide value for the Armed Forces.

(8)

added With respect to professional military education curriculum, to review and evaluate—

(A)

added relevance to the National Defense Strategy and current and future defense needs, including topics covered and modalities of instruction, such as interactive seminars, wargaming, and other simulations; and

(B)

added the process for developing and modifying the curriculum.

(9)

added To evaluate whether the Armed Forces have established a system of accountability to ensure that professional military education meets the defense needs of the United States at a reasonable cost.

(10)

added To review and evaluate the appropriateness of the service commitments imposed by the Armed Forces for members selected for professional military education.

(g)

added Powers of Commission—

(1)

added In general— The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths.

(2)

added Contracting— The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.

(3)

added Information from Federal agencies—

(A)

added In general— The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section.

(B)

added Compliance— Except for the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (Chapter 343; 61 Stat. 496; 50 U.S.C. 3003)), each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the Chair of the Commission.

(C)

added Classified information— The Commission shall handle and protect all classified information provided to it under this section in accordance with applicable statutes and regulations.

(4)

added Assistance from Department of Defense— The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this section.

(5)

added Postal services— The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States.

(6)

added Gifts— No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.

(h)

added Staff of Commission—

(1)

added Director— The Chair of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.

(2)

added Detailees— Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.

(3)

added Consultant services— The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.

(i)

added Compensation and travel expenses—

(1)

added Compensation—

(A)

added In general— Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this section.

(B)

added Federal officers or employees— Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission.

(2)

added Travel expenses— While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

(j)

added Final report; termination—

(1)

added Final report— Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the congressional defense committees and the Secretary of Defense an unclassified report (that may include a classified annex) containing the findings and recommendations of the Commission.

(2)

added Termination—

(A)

added In general— The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph (1) is submitted to the congressional defense committees.

(B)

added Winding down— The Commission may use the 120-day period referred to in subparagraph (A) for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that subparagraph and disseminating the report.

Sec. 561 Information regarding apprenticeships for members during initial entry training

added

(a)

added Requirement— Chapter 31 of title 10, United States Code, is amended by inserting after section 510 the following new section:

added “510a. Provision of information regarding apprenticeships during initial entry training

added “(a) In general—The Secretary concerned shall provide to a member, during initial entry training, information regarding registered apprenticeship programs related to the military occupational specialty or career field of such member.

added “(b) Registered apprenticeship program defined—In this section, the term “registered apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 510, the following new item:

Sec. 562 Extremist activity by a member of the Armed Forces: notation in service record; TAP counseling

added

(a)

added TAP counseling— Subsection (b) of section 1142 of title 10, United States Code, is amended by adding at the end the following new paragraph (20):

added “(20) In the case of a member who has violated Department of Defense Instruction 1325.06 (or successor document), relating to extremist activity, in-person counseling, developed by the Secretary of Defense in consultation with the Secretary of Homeland Security, that includes—

added “(A) information regarding why extremist activity is inconsistent with service in the armed forces and with national security;

added “(B) information regarding the dangers associated with involvement with an extremist group; and

added “(C) methods for the member to recognize and avoid information that may promote extremist activity.”

(b)

added Service record— In the case of a member described in paragraph (20) of such subsection, as added by subsection (a) of this section, the Secretary concerned shall ensure that the commanding officer of such member notes such violation in the service record of such member.

(c)

added Implementation date— The Secretary of Defense shall complete development of counseling under such paragraph not later than the day that is one year after the date of the enactment of this Act. The Secretary concerned shall ensure that such counseling is carried out on and after such day.

Sec. 563 Codification of Skillbridge program

added

(a)

added In general— Section 1143(e) of title 10, United States Code, is amended—

(1)

added in the heading, by adding “; Skillbridge” after “Training” ; and

(2)

added in paragraph (1), by adding at the end “Such a program shall be known as “Skillbridge”.”.

(b)

added Regulations— To carry out Skillbridge, the Secretary of Defense shall, not later than September 30, 2023—

(1)

added update Department of Defense Instruction 1322.29, titled “Job Training, Employment Skills Training, Apprenticeships, and Internships (JTEST-AI) for Eligible Service Members”; and

(2)

added 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. 564 Training on digital citizenship and media literacy in annual cyber awareness training for certain members

added

(a)

added In general— The annual cyber awareness training provided to members of the covered Armed Forces shall include a digital literacy module regarding digital citizenship, media literacy, and protection against cyber threats (such as influenced or digitally altered information).

(b)

added Definitions— In this section:

(1)

added The term “covered Armed Force” means the following:

(A)

added The Army.

(B)

added The Navy.

(C)

added The Marine Corps.

(D)

added The Air Force.

(E)

added The Space Force.

(2)

added The term “digital citizenship” means the ability to safely, responsibly, and ethically use communication technologies and digital information technology tools and platforms; create and share media content using principles of social and civic responsibility and with awareness of the legal and ethical issues involved; and participate in the political, economic, social, and cultural aspects of life related to technology, communications, and the digital world by consuming and creating digital content, including media.

(3)

added The term “media literacy” means the ability to access relevant and accurate information through media in a variety of forms; critically analyze media content and the influences of different forms of media; evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; make educated decisions based on information obtained from media and digital sources; operate various forms of technology and digital tools; and reflect on how the use of media and technology may affect private and public life.

Sec. 565 Pilot grant program to supplement the transition assistance program of the Department of Defense

added

(a)

added Establishment— The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall carry out a pilot grant program under which the Secretary of Defense provides enhanced support and funding to eligible entities to supplement TAP to provide job opportunities for industry recognized certifications, job placement assistance, and related employment services directly to covered individuals.

(b)

added Services— Under the pilot grant program, the Secretary of Defense shall provide grants to eligible entities to provide to covered individuals the following services:

(1)

added Using an industry-validated screening tool, assessments of prior education, work history, and employment aspirations of covered individuals, to tailor appropriate and employment services.

(2)

added Preparation for civilian employment through services like mock interviews and salary negotiations, training on professional networking platforms, and company research.

(3)

added Several industry-specific learning pathways—

(A)

added with entry-level, mid-level and senior versions;

(B)

added in fields such as project management, cybersecurity, and information technology;

(C)

added in which each covered individual works with an academic advisor to choose a career pathway and navigate coursework during the training process; and

(D)

added in which each covered individual can earn industry-recognized credentials and certifications, at no charge to the covered individual.

(4)

added Job placement services.

(c)

added Program organization and implementation model— The pilot grant program shall follow existing economic opportunity program models that combine industry-recognized certification training, furnished by professionals, with online learning staff.

(d)

added Consultation— In carrying out the program, the Secretary of Defense shall seek to consult with private entities to assess the best economic opportunity program models, including existing economic opportunity models furnished through public-private partnerships.

(e)

added Eligibility— To be eligible to receive a grant under the pilot grant program, an entity shall—

(1)

added follow a job training and placement model;

(2)

added have rigorous program evaluation practices;

(3)

added have established partnerships with entities (such as employers, governmental agencies, and non-profit entities) to provide services described in subsection (b);

(4)

added have online training capability to reach rural veterans, reduce costs, and comply with new conditions forced by COVID-19; and

(5)

added have a well-developed practice of program measurement and evaluation that evinces program performance and efficiency, with data that is high quality and shareable with partner entities.

(f)

added Coordination with Federal entities— A grantee shall coordinate with Federal entities, including—

(1)

added the Office of Transition and Economic Development of the Department of Veterans Affairs; and

(2)

added the Office of Veteran Employment and Transition Services of the Department of Labor.

(g)

added Metrics and evaluation— Performance outcomes shall be verifiable using a third-party auditing method and include the following:

(1)

added The number of covered individuals who receive and complete skills training.

(2)

added The number of covered individuals who secure employment.

(3)

added The retention rate for covered individuals described in paragraph (2).

(4)

added Median salary of covered individuals described in paragraph (2).

(h)

added Site locations— The Secretary of Defense shall select five military installations in the United States where existing models are successful.

(i)

added Assessment of possible expansion— A grantee shall assess the feasibility of expanding the current offering of virtual training and career placement services to members of the reserve components of the Armed Forces and covered individuals outside the United States.

(j)

added Duration— The pilot grant program shall terminate on September 30, 2025.

(k)

added Report— Not later than 180 days after the termination of the pilot grant program, the Secretary of Defense shall submit to the congressional defense committees a report that includes—

(1)

added a description of the pilot grant program, including a description of specific activities carried out under this section; and

(2)

added the metrics and evaluations used to assess the effectiveness of the pilot grant program.

(l)

added Definitions— In this section:

(1)

added The term “covered individual” means—

(A)

added a member of the Armed Forces participating in TAP; or

(B)

added a spouse of a member described in subparagraph (A).

(2)

added The term “military installation” has the meaning given such term in section 2801 of title 10, United States Code.

(3)

added The term “TAP” means the transition assistance program of the Department of Defense under sections 1142 and 1144 of title 10, United States Code.

Sec. 566 Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM

added

(a)

added 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 report 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)

added Study on Skillbridge— Not later than September 30, 2023, the Secretary shall submit to such Committees a report containing the results of a study on how to change Skillbridge to help covered individuals, eligible for Skillbridge, find civilian employment in positions related to STEM.

(c)

added Definitions— In this section:

(1)

added The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.

(2)

added The term “covered individual” means a female—

(A)

added member of a covered Armed Force; or

(B)

added civilian employee of the Department of Defense.

(3)

added The term “Skillbridge” means an employment skills training program under section 1143(e) of title 10, United States Code, as amended by section 563 of this Act.

(4)

added The term “STEM” means science, technology, engineering, and mathematics.

Sec. 567 Skillbridge: apprenticeship programs

added

(a)

added Study— Not later than September 30, 2023, the Secretary of Defense, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall conduct a study to identify the private entities participating in Skillbridge that offer positions in registered apprenticeship programs to covered members.

(b)

added Recruitment— The Secretary shall consult with officials and employees of the Department of Labor who have experience with registered apprenticeship programs to facilitate the Secretary entering into agreements with entities that offer positions described in subsection (a) in areas where the Secretary determines few such positions are available to covered members.

(c)

added Definitions— In this section:

(1)

added The term “covered member” means a member of the Armed Forces eligible for Skillbridge.

(2)

added The term “registered apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).

(3)

added The term “Skillbridge” means an employment skills training program under section 1143(e) of title 10, United States Code, as amended by section 563 of this Act.

Sec. 571 Clarification and expansion of authorization of support for chaplain-led programs for members of the Armed Forces

added

added Section 1789 of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by striking “chaplain-led programs” and inserting “a chaplain-led program”;

(B)

added 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)

added by inserting “, or to support the resiliency, suicide prevention, or holistic wellness of such covered individual” after “structure”;

(2)

added in subsection (b)—

(A)

added by striking “members of the armed forces and their family members” and inserting “a covered individual”;

(B)

added by striking “programs” and inserting “a program”; and

(C)

added by striking “retreats and conferences” and inserting “a retreat or conference”; and

(3)

added by striking subsection (c) and inserting the following:

added “(c) Covered individual defined—In this section, the term “covered individual” means—

added “(1) a member of the armed forces on active duty;

added “(2) a member of the reserve components in an active status; or

added “(3) a dependent of an individual described in subparagraph (A) or (B).”

Sec. 572 Rights of parents of children attending schools operated by the Department of Defense Education Activity

added

(a)

added In general— Chapter 108 of title 10, United States Code, is amended by inserting after section 2164 the following new section:

added “2164a. Rights of parents of children attending schools operated by the Department of Defense Education Activity

added “(a) In general—The parent of a child who attends a school operated by the Department of Defense Education Activity has the following rights:

added “(1) The right to review the curriculum of the school.

added “(2) The right to be informed if the school or Department of Defense Education Activity alters the school’s academic standards or learning benchmarks.

added “(3) The right to meet with each teacher of their child not less than twice during each school year.

added “(4) The right to review the budget, including all revenues and expenditures, of the school.

added “(5) The right to review all instructional materials and teacher professional development materials used by the school.

added “(6) The right to inspect a list of the books and other reading materials contained in the library of the school.

added “(7) The right to address the school advisory committee or the school board.

added “(8) The right to information about the school’s discipline policy and any violent activity in the school.

added “(9) The right to information about any plans to eliminate gifted and talented programs or accelerated coursework at the school.

added “(b) Disclosures and notifications—Consistent with the parental rights specified in subsection (a), a school operated by the Department of Defense Education Activity shall—

added “(1) post on a publicly accessible website of the school—

added “(A) the curriculum for each course and grade level;

added “(B) the academic standards or other learning benchmarks used by the school;

added “(C) notice of any proposed revisions to such standards or benchmarks and a copy of any such revisions;

added “(D) the budget for the school year, including all revenues and expenditures (including expenditures made for items and services provided by private entities); and

added “(2) provide the parents of a child attending the school with—

added “(A) the opportunity to meet in-person with each teacher of their child not less frequently than twice during each school year at a time mutually agreed upon by both parties; and

added “(B) notice of such opportunity at the beginning of each school year;

added “(3) make all instructional and educator professional development materials, including teachers’ manuals, films, tapes, books or other reading materials, or other supplementary materials used in any survey, analysis, or evaluation, available for inspection by the parents of children attending the school;

added “(4) at the beginning of each school year, provide parents a list of reading materials in the school library, including a list of any reading materials that were added to or removed from the list of materials from the prior year;

added “(5) notify parents in a timely manner of any plans to eliminate gifted and talented programs or accelerated coursework at the school;

added “(6) except as provided in paragraph (7), notify parents of any medical examinations or screenings the school may administer to their child and receive written consent from parents for any such examination or screening prior to conducting the examination or screening;

added “(7) in the event of an emergency that requires a medical examination or screening without time for parental notification, promptly notify parents of such examination or screening and, not later than 24 hours after the incident occurs, provide an explanation of the emergency that prevented notification prior to such examination or screening;

added “(8) notify parents of any medical information that will be collected on their child, receive written parental consent prior to collecting such information, and provide parents an opportunity to inspect such information at the parent’s request; and

added “(9) notify parents of any policy changes involving their reporting obligations under the Family Advocacy Program of the Department of Defense.

added “(c) School advisory committees and boards—Not less frequently than twice per year, a school advisory committee or school board for a school operated by the Department of Defense Education Activity shall provide parents of children attending the school with the opportunity to address the advisory committee or school board on any matters relating to the school or the educational services provided to their children.

added “(d) Definition—In this section, the term “school operated by the Department of Defense Education Activity” means—

added “(1) a Department of Defense domestic dependent elementary or secondary school, as described in section 2164 of this title; or

added “(2) any elementary or secondary school or program for dependents operated by the Department of Defense Education Activity.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2164 the following new item:

Sec. 573 Expansion of pilot program to provide financial assistance to members of the Armed Forces for in-home child care

added

added Section 589(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1791 note) is amended by striking “five locations” and inserting “six locations”.

Sec. 574 Extension of pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools

added

added 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” and inserting “eight years”.

Sec. 575 Advisory panel on community support for military families with special needs

added

added Section 563(d) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1781c note) is amended—

(1)

added by amending paragraph (2) to read as follows:

added “(2) Members—The advisory panel shall consist of the following members, appointed by the Secretary of Defense:

added “(A) Nine individuals from military families with special needs, with respect to whom the Secretary shall ensure that—

added “(i) one individual is the spouse of an enlisted member;

added “(ii) one individual is the spouse of an officer in a grade below O–6;

added “(iii) one individual is a junior enlisted member;

added “(iv) one individual is a junior officer;

added “(v) individuals reside in different geographic regions;

added “(vi) one individual is a member serving at a remote installation or is a member of the family of such a member; and

added “(vii) at least two individuals are members serving on active duty, each with a dependent who—

added “(I) is enrolled in the Exceptional Family Member Program; and

added “(II) has an individualized education program.

added “(B) One representative of the Defense Health Agency.

added “(C) One representative of the Department of Defense Education Activity.

added “(D) One representative of the Office of Special Needs of the Department of Defense.

added “(E) One or more representatives of advocacy groups with missions relating to the Exceptional Family Member Program of the Department of Defense.

added “(F) One or more adult dependents enrolled in the Exceptional Family Member Program of the Department of Defense.”

(2)

added by adding at the end the following new paragraph:

added “(5) Transparency and accessibility—The advisory panel shall—

added “(A) provide advice that is relevant, objective, and transparent;

added “(B) ensure that any meetings or other proceedings of the advisory panel are accessible to the public; and

added “(C) make available on a publicly accessible website—

added “(i) meeting announcements;

added “(ii) minutes of meetings;

added “(iii) the names of council representatives; and

added “(iv) regular updates on the progress of the panel in fulfilling the duties specified in paragraph (3).”

Sec. 576 Certain assistance to local educational agencies that benefit dependents of military and civilian personnel

added

(a)

added Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees— 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, $53,000,000 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).

(b)

added Impact aid for children with severe disabilities— 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, $22,000,000 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).

(c)

added Local educational agency defined— In this section, 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)).

Sec. 577 Verification of reporting of eligible federally connected children for purposes of Federal impact aid programs

added

(a)

added Certification— On an annual basis, each commander of a military installation under the jurisdiction of the Secretary of a military department shall submit to such Secretary a written certification verifying whether the commander has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of such certification.

(b)

added Report— Not later June 30 of each year, each Secretary of a military department shall submit to the congressional defense committees a report, based on the information received under subsection (a), that identifies—

(1)

added each military installation under the jurisdiction of such Secretary that has confirmed the information contained in all impact aid source check forms received from local educational agencies as of the date of the report; and

(2)

added each military installation that has not confirmed the information contained in such forms as of such date.

Sec. 578 EFMP grant program

added

(a)

added Establishment— The Secretary of Defense shall establish a program to award grants to, and enter into agreements with, eligible entities under which participating eligible entities shall provide, to covered members assigned to PRIs, services described in subsection (b).

(b)

added Services— Services described in this subsection are the provision of—

(1)

added training and information that help a covered dependent—

(A)

added meet developmental, functional, and academic goals; and

(B)

added prepare to lead a productive and independent adult life;

(2)

added training and information that help a covered member—

(A)

added better understand the disabilities and educational, developmental, and transitional needs of the covered dependent of such covered member;

(B)

added participate in the development of an individualized education program for the covered dependent;

(C)

added communicate effectively and work collaboratively with individuals responsible for providing, to covered dependents, special education, early intervention services, transition services, and related services; and

(D)

added resolve a dispute, regarding education or services described in subparagraph (C), as expeditiously and effectively as possible, including encouraging the use, and explaining the benefits, of alternative methods of dispute resolution; and

(3)

added if an eligible entity is not a PTI—

(A)

added information regarding services offered by the local PTI (about which the eligible entity shall consult with the local PTI not less than once each quarter year); and

(B)

added referrals of covered members to the local PTI.

(c)

added Co-location— To the extent practical, the Secretary shall ensure that an eligible entity that participates in the program under this section shall provide services described in subsection (b) at a location on the military installation concerned where the Secretary furnishes other services under the EFMP.

(d)

added Implementation— The Secretary shall implement the program under this section at—

(1)

added six PRIs (one PRI for each covered Armed Force and one joint PRI) not later than two years after the date of the enactment of this Act; and

(2)

added all PRIs not later than four years after the date of the enactment of this Act.

(e)

added Plan— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees the plan of the Secretary to implement the program under this section.

(f)

added Report— Not later than two years after the Secretary implements the program under this section, the Secretary shall submit to the appropriate congressional committees a report on implementation of the program. Such report shall include evaluations of the following:

(1)

added Satisfaction of covered members and covered dependents who receive services under such program.

(2)

added Adherence of schools, with respect to covered dependents described in paragraph (1), to—

(A)

added individualized education programs; and

(B)

added plans under section 504 of the Rehabilitation Act of 1973 (Public Law 93–112; 29 U.S.C. 794).

(g)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The congressional defense committees.

(B)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “congressional defense committees” has the meaning given such term in section 101 of title 10, United States Code.

(3)

added The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.

(4)

added The term “covered dependent” means a dependent—

(A)

added of a member of a covered Armed Force;

(B)

added who is a minor; and

(C)

added who is enrolled in the EFMP.

(5)

added The term “covered member” means a member—

(A)

added of a covered Armed Force; and

(B)

added with a covered dependent.

(6)

added The term “EFMP” means an Exceptional Family Member Program of the Department of Defense under section 1781c(e) of title 10, United States Code.

(7)

added The term “eligible entity” means a private, nonprofit entity, or an institution of higher education, that the Secretary of Defense determines appropriate to provide services described in subsection (b).

(8)

added The term “individualized education program” has the meaning given such term in section 614 of the Individuals with Disabilities Education Act (20 U.S.C. 1414).

(9)

added The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(10)

added The term “PRI” means a primary receiving installation, as that term is used in section 582 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1781c note).

(11)

added The term “PTI” means a parent training and information center, as that term is defined in section 602 of the Individuals with Disabilities Education Act (Public Law 91–230; 20 U.S.C. 1401).

Sec. 579 Promotion of certain child care assistance

added

(a)

added 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)

added section 1798 of title 10, United States Code; and

(2)

added 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)

added Reporting— 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 summarizing activities taken by such Secretary concerned to carry out subsection (a).

(c)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The Committees on Armed Services of the Senate and House of Representatives.

(B)

added The Committees on Appropriations of the Senate and House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

(D)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(2)

added The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.

Sec. 579A Recommendations for the improvement of the Military Interstate Children’s Compact

added

(a)

added Recommendations required— The Secretaries concerned, in consultation with States through the Defense-State Liaison Office, shall develop recommendations to improve and fully implement the Military Interstate Children’s Compact.

(b)

added Considerations— In carrying out subsection (a), the Secretaries concerned shall—

(1)

added identify any barriers—

(A)

added 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)

added 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)

added consider the feasibility and advisability of—

(A)

added tracking and reporting the number of families who use advanced enrollment in States that offer advanced enrollment to military-connected children;

(B)

added 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)

added 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)

added identify any other actions that may be taken by the States (acting together or separately) to improve the Military Interstate Children’s Compact.

(c)

added Report required— Not later than 180 days after the date of the enactment of this Act, the Secretaries concerned shall submit to the appropriate congressional committees and to the States a report setting forth the recommendations developed under subsection (a).

(d)

added Definitions— In this section:

(1)

added The term appropriate congressional committees means—

(A)

added the congressional defense committees;

(B)

added the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C)

added the Committee on Education and Labor and the Committee on Homeland Security of the House of Representatives.

(2)

added 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)

added 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.

(4)

added The term transferring military-connected child means the child of a parent who—

(A)

added is serving on active duty in the Armed Forces;

(B)

added is changing duty locations due to a permanent change of station order; and

(C)

added has not yet established an ongoing physical presence in the State to which the parent is transferring.

(5)

added 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).

(6)

added The term Secretary concerned means—

(A)

added the Secretary of Defense, with respect to matters concerning the Department of Defense; and

(B)

added 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.

Sec. 579B Industry roundtable on military spouse hiring

added

(a)

added 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)

added The value of, and opportunities to, private entities that hire military spouses.

(2)

added Career opportunities for military spouses.

(3)

added Understanding the challenges that military spouses encounter in the labor market.

(4)

added Gaps and opportunities in the labor market for military spouses.

(5)

added Best hiring practices from industry leaders in human resources.

(b)

added Participants— The participants in the roundtable shall include the following:

(1)

added The Under Secretary.

(2)

added The Assistant Secretary for Manpower and Reserve Affairs of each military department.

(3)

added The Director of the Defense Human Resources Activity.

(4)

added Other officials of the Department of Defense the Secretary of Defense determines appropriate.

(5)

added Private entities that elect to participate.

(c)

added 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)

added 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. 579C Feasibility study and report on pilot program to provide POTFF services to separating members of special operations forces and certain family members

added

(a)

added Report required— Not later than March 1, 2023, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the feasibility of a pilot program to provide, to covered individuals, services under POTFF. The report shall include the following elements:

(1)

added An outline of the tools, resources, and personnel the Secretary determines necessary to carry out the pilot program.

(2)

added An assessment of the potential benefits, implications, and effects of the pilot program.

(3)

added The POTFF services that the Secretary could provide to covered individuals under the pilot program.

(4)

added An assessment of how best to carry out the separation of covered members, including any additional resources the Secretary determines necessary.

(5)

added Any legislative or administrative action that the Secretary determines necessary to carry the such pilot program.

(6)

added Any other information the Secretary determines appropriate.

(b)

added Definitions— In this section:

(1)

added The term “covered individual” means—

(A)

added a covered member;

(B)

added an immediate family of a covered member; or

(C)

added an individual eligible for a gold star lapel button under section 1126 of title 10, United States Code, on the basis of the relationship of such individual to a deceased member of special operations forces.

(2)

added The term “covered member” means a member of the Armed Forces—

(A)

added assigned to special operations forces; and

(B)

added who is separating from the Armed Forces.

(3)

added The term “immediate family member” has the meaning given that term in section 1789 of title 10, United States Code.

(4)

added The term “POTFF” means the Preservation of the Force and Family Program of United States Special Operations Command under section 1788a of title 10, United States Code.

(5)

added The term “special operations forces” means the forces described in section 167(j) of title 10, United States Code.

Sec. 581 Authority to award the Medal of Honor to a member of the Armed Forces for acts of valor while a prisoner of war

added

(a)

added Authority—

(1)

added Army— Section 7271(1) of title 10, United States Code, is amended by inserting “, including active resistance, gallantry, or defiance while serving as a prisoner of war” after “United States”.

(2)

added Navy and Marine Corps— Section 8291(1) of title 10, United States Code, is amended by inserting “, including active resistance, gallantry, or defiance while serving as a prisoner of war” after “United States”.

(3)

added Air Force and Space Force— Section 9271(1) of title 10, United States Code, is amended by inserting “, including active resistance, gallantry, or defiance while serving as a prisoner of war” after “United States”.

(4)

added Coast Guard— Section 2732(1) of title 14, United States Code, is amended by inserting “, including active resistance, gallantry, or defiance while serving as a prisoner of war” after “United States”.

(b)

added Regulations— Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall prescribe regulations that set forth uniform standards for awarding the Medal of Honor to a member of the Armed Forces pursuant to an amendment made by subsection (a). Such regulations shall apply retroactively to a member who was a prisoner of war before the date of the prescription of such regulations.

(c)

added 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 regarding the number of individuals who may be eligible for a Medal of Honor pursuant to the amendments made by this section.

Sec. 582 Authorization for award of the Medal of Honor to David R. Halbruner for acts of valor on September 11-12, 2012

added

(a)

added 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 subsection (b).

(b)

added Acts of valor described— The acts of valor described in this subsection 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 Authorization for posthumous award of Medal of Honor to Master Sergeant Roderick W. Edmonds for acts of valor during World War II

added

(a)

added Waiver of time limitations— 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 posthumously under section 7271 of such title to Master Sergeant Roderick W. Edmonds for the acts of valor described in subsection (c).

(b)

added Acts of valor described— The acts of valor referred to in subsection (b) are the actions of Master Sergeant Roderick W. Edmonds on January 27, 1945, as a prisoner of war and member of the Army serving in Germany in support of the Battle of the Bulge, for which he has never been recognized by the United States Army.

Sec. 591 Electronic notarization for members of the Armed Forces

added

added Section 1044a of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(e)

added “(1) A person named in subsection (b) may exercise the powers described in subsection (a) through electronic means, including under circumstances where the individual with respect to whom such person is performing the notarial act is not physically present in the same location as such person.

added “(2) A determination of the authenticity of a notarial act authorized in this section shall be made without regard to whether the notarial act was performed through electronic means.

added “(3) A log or journal of a notarial act authorized in this section shall be considered for evidentiary purposes without regard to whether the log or journal is in electronic form.”

Sec. 592 Disinterments from national cemeteries

added

(a)

added Applicability of authority to reconsider decisions of Secretary of Veterans Affairs or Secretary of the Army to inter the remains or memorialize a person in a national cemetery—

(1)

added In general— Section 2(c) of the Alicia Dawn Koehl Respect for National Cemeteries Act (Public Law 113–65; 38 U.S.C. 2411 note) is amended by striking “after the date of the enactment of this Act” and inserting “after November 21, 1997”.

(2)

added Congressional notices— Upon becoming aware of a covered interment or memorialization—

(A)

added the Secretary of Veterans Affairs shall issue to the Committees on Veterans’ Affairs of the Senate and House of Representatives written notice of such covered interment or memorialization; and

(B)

added the Secretary of the Army, in the case of a covered interment or memorialization in Arlington National Cemetery, shall issue to the Committees on Armed Services of the Senate and House of Representatives and the Committees on Veterans’ Affairs of the Senate and House of Representatives written notice of such covered interment or memorialization.

(3)

added Covered interment or memorialization defined— In this subsection, the term “covered interment or memorialization” means an interment or memorialization—

(A)

added in a national cemetery;

(B)

added between January 1, 1990 and November 21, 1997; and

(C)

added that would have been subject to section 2411 of title 38, United States Code, as amended by the Alicia Dawn Koehl Respect for National Cemeteries Act if subsection 2(c) of such Act were amended by striking “after the date of the enactment of this Act” and inserting “on or after January 1, 1990”.

(b)

added Disinterment of remains of Andrew Chabrol from Arlington National Cemetery—

(1)

added Disinterment— Not later than September 30, 2023, the Secretary of the Army shall disinter the remains of Andrew Chabrol from Arlington National Cemetery.

(2)

added Notification— The Secretary of the Army may not carry out paragraph (1) until after notifying the next of kin of Andrew Chabrol.

(3)

added Disposition— After carrying out paragraph (1), the Secretary of the Army shall—

(A)

added relinquish the remains to the next of kin described in paragraph (2); or

(B)

added if no such next of kin responds to notification under paragraph (2), arrange for disposition of the remains the Secretary of the Army determines appropriate.

Sec. 593 Clarification of authority of NCMAF to update Chaplains Hill at Arlington National Cemetery

added

added 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:

added “(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 Notifications on manning of afloat naval forces

added

added Section 597(d)(3) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 8013 note) is amended by inserting “or a commissioned ship undergoing nuclear refueling or defueling and any concurrent complex overhaul” after “Register”.

Sec. 595 Pilot program on car sharing on military installations in Alaska

added

(a)

added Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to carry out a pilot program to allow car sharing on military installations in Alaska.

(b)

added Program elements— To carry out a pilot program under this section, the Secretary shall take steps including the following:

(1)

added Seek to enter into an agreement with an entity that—

(A)

added provides car sharing services; and

(B)

added is capable of serving all military installations in Alaska.

(2)

added Provide to members assigned to military installations in Alaska the resources the Secretary determines necessary to participate in such pilot program.

(3)

added Promote such pilot program to such members.

(c)

added Implementation plan— Not later than 90 days after the date the Secretary enters into an agreement under subsection (b)(1), the Secretary shall submit to the congressional defense committees a plan to carry out the pilot program.

(d)

added Duration— A pilot program under this section shall terminate two years after the Secretary commences such pilot program.

(e)

added 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)

added The number of individuals who used car sharing services offered pursuant to the pilot program.

(2)

added The cost to the United States of the pilot program.

(3)

added An analysis of the effect of the pilot program on mental health and community connectedness of members described in subsection (b)(2).

(4)

added Other information the Secretary determines appropriate.

(f)

added 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. 596 Support for members who perform duties regarding remotely piloted aircraft: study; report

added

(a)

added Study— The Secretary of Defense (in consultation with the Secretary of Transportation and Administrator of the Federal Aviation Administration) 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)

added Safety policies applicable to crew of traditional aircraft that apply to RPA crew.

(2)

added Personnel policies, including crew staffing and training practices, applicable to crew of traditional aircraft that apply to RPA crew.

(3)

added Metrics the Secretaries of the military departments use to evaluate the health of RPA crew.

(4)

added Incentive pay, retention bonuses, promotion rates, and career advancement opportunities for RPA crew.

(5)

added Combat zone compensation available to RPA crew.

(6)

added Decorations and awards for combat available to RPA crew.

(7)

added Mental health care available to crew of traditional aircraft and RPA crew who conduct combat operations.

(8)

added Whether RPA crew receive post-separation health (including mental health) care equivalent to crew of traditional aircraft.

(9)

added An explanation of any difference under paragraph (8).

(b)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report containing the results of the study conducted under this section, including any policy recommendations of the Secretary regarding such results.

(c)

added Definitions— In this section:

(1)

added In this section, the term “appropriate congressional committees” means the following:

(A)

added The Committees on Armed Services of the Senate and House of Representatives.

(B)

added The Committees on Appropriations of the Senate and House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

(D)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(2)

added The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.

(3)

added The term “RPA crew” means members of covered Armed Forces who perform duties relating to remotely piloted aircraft.

(4)

added The term “traditional aircraft” means fixed or rotary wing aircraft operated by an onboard pilot.

Sec. 597 Review of marketing and recruiting of the Department of Defense

added

(a)

added In general— Not later that September 30, 2023, the Secretary of Defense, in consultation with the Comptroller General of the United States and experts determined by the Secretary, 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)

added Covered Armed Force defined— In this section, the term “covered Armed Force” means the following:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 598 Report on recruiting efforts of the Army

added

(a)

added Report required— Not later than 120 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 recruiting efforts of the Army. Such report shall contain the following elements:

(1)

added A comparison of the number of active Army enlistments from each region annually during fiscal years 2018 through 2022, the number of recruiters stationed in each region, and advertising dollars spent in each region, including annual numbers and averages.

(2)

added A comparison of the number of active Army enlistments produced by each Army Recruiting Battalion during fiscal years 2018 through 2022, the number of recruiters stationed in each battalion, and advertising dollars spent in support of each battalion, including annual numbers and averages.

(3)

added An analysis of the geographic dispersion of enlistments by military occupational specialty during fiscal years 2018 through 2022.

(4)

added An analysis of the amount of Federal funds spent on advertising per active duty enlistment by Army Recruiting Battalion and region during fiscal years 2018 through 2022, and a ranked list of those battalions from most efficient to least efficient.

(5)

added A comparison of the race, religion, gender, education levels, military occupational specialties, and waivers for enlistment granted to enlistees by region and Army Recruiting Battalion area of responsibility during fiscal years 2018 through 2022.

(b)

added Format— The report under this section shall display data through infographics wherever possible.

(c)

added Publication— Not later than 30 days after submitting the report under subsection (a), the Secretary of the Army shall publish, on a publicly accessible website of the Army, the report and the data sets (scrubbed of all personally identifiable information) used to generate the report.

(d)

added Region defined— In this section, the term “region” means a region used for the 2020 decennial census.

Sec. 601 Exclusion of BAH from gross household income for purposes of basic needs allowance

added

added Section 402b(k)(1) of title 37, United States Code, is amended by striking subparagraph (B) and inserting the following:

added “(B) the basic allowance for housing under section 403 of this title paid to such member.”

Sec. 602 Basic allowance for housing for a member without dependents whose relocation would financially disadvantage such member

added

added Section 403(o) of title 37, United States Code, is amended—

(1)

added by inserting “(1)” before “In the case of a member who is assigned”; and

(2)

added by adding at the end the following new paragraph:

added “(2) 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, the Secretary concerned may, 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, treat such member, for the purposes of this section, as if the unit to which the member is assigned did not undergo such a change.”

Sec. 603 Temporary continuation of rate of basic allowance for housing for members of the Armed Forces whose sole dependent dies while residing with the member

added

(a)

added Authority— Section 403 of title 37, United States Code, as amended by section 602, is further amended by—

(1)

added redesignating subsections (m) through (p) as subsections (n) through (q);

(2)

added by inserting after subsection (l) the following new subsection (m):

added “(m) Temporary continuation of rate of basic allowance for members of the armed forces whose sole dependent dies while residing with the member

added “(1) Notwithstanding subsection (a)(2) or any other section of law, the Secretary of Defense and 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 at the time of the death of such sole dependent if—

added “(A) such sole dependent dies—

added “(i) while the member is on active duty; and

added “(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

added “(B) the member—

added “(i) is not occupying a housing facility under the jurisdiction of the Secretary concerned on the date of the death of the sole dependent; or

added “(ii) is occupying such housing on a rental basis on such date.

added “(2) The continuation of the rate of an allowance under this subsection shall terminate 365 days after the date of the death of the sole dependent.”

(b)

added Conforming amendment— Section 2881a(c) of title 10, United States Code, is amended by striking “section 403(n)” and inserting “section 403(o)”.

Sec. 604 Allowance for gym membership for certain members of the Armed Forces who reside more than 10 miles from a military installation

added

(a)

added Establishment— Chapter 7 of title 37, United States Code, is amended by inserting after section 425 the following new section:

added “426. Allowance for gym membership for certain members of the armed forces who reside more than 10 miles from a military installation

added “(a) Allowance authorized—The Secretary of the military department concerned may pay, to a covered member, a monthly allowance for a gym membership.

added “(b) Amount—A monthly allowance to a covered member under this section shall be in an amount determined by the Secretary of Defense based on the average cost of a gym membership in the military housing area in which the covered member resides.

added “(c) Definitions—In this section:

added “(1) The term “covered armed force” means the following:

added “(A) The Army.

added “(B) The Navy.

added “(C) The Marine Corps.

added “(D) The Air Force.

added “(E) The Space Force.

added “(2) The term “covered member” means a member of a covered armed force—

added “(A) who resides more than 10 miles from a military installation; and

added “(B) who furnishes to the Secretary of the military department concerned receipts or other evidence such member has a gym membership.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 425 the following:

Sec. 605 Revival and redesignation of provision establishing benefits for certain members assigned to the Defense Intelligence Agency

added

(a)

added Revivial— Section 491 of title 37, United States Code—

(1)

added 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)

added is redesignated as section 431 of such title.

(b)

added 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:

Sec. 606 Reimbursement of certain child care costs incident to a permanent change of station or assignment

added

(a)

added Designated child care provider: definition; inclusion as authorized traveler— Section 451(a) of title 37, United States Code, is amended—

(1)

added in paragraph (2)(C), by inserting “, or as a designated child care provider if child care is not available to a member of the armed forces at a military child development center (as that term is defined in section 1800 of title 10) at the permanent duty location of such member not later than 30 days after the member arrives at such location” before the period; and

(2)

added by adding at the end the following new paragraph:

added “(4) 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.”

(b)

added Authorization of reimbursement— Section 453 of title 37, United States Code, is amended by adding at the end the following new subsection:

added “(h) Reimbursement of certain child care costs incident to a member's permanent change of station or assignment

added “(1) From amounts otherwise made available for a fiscal year to provide travel and transportation allowances under this chapter, the Secretary concerned may reimburse a member of the armed forces for travel expenses for a designated child care provider when—

added “(A) the member is reassigned, either as a permanent change of station or permanent change of assignment, to a new duty station;

added “(B) the movement of the member’s dependents is authorized at the expense of the United States under this section as part of the reassignment;

added “(C) child care is not available at a military child development center (as that term is defined in section 1800 of title 10) at such duty station not later than 30 days after the member arrives at such duty station; and

added “(D) the dependent child is on the wait list for child care at such military child development center.

added “(2) Reimbursement provided to a member under this subsection may not exceed—

added “(A) $500 for a reassignment between duty stations within the continental United States; and

added “(B) $1,500 for a reassignment involving a duty station outside of the continental United States.

added “(3) A member may not apply for reimbursement under this subsection later than one year after a reassignment described in paragraph (1).

added “(4) In the event a household contains two or more members eligible for reimbursement under this subsection, reimbursement may be paid to one member among such members as such members shall jointly elect.”

Sec. 607 Allowable travel and transportation allowances: complex overhaul

added

added Section 452(b) of title 37, United States Code, is amended—

(1)

added by redesignating the second paragraph (18) as paragraph (21); and

(2)

added by adding at the end the following new paragraphs:

added “(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.

added “(23) Current assignment to a naval vessel entering or exiting nuclear refueling or defueling and any concurrent complex overhaul.”

Sec. 608 Expansion of authority to reimburse a member of the uniformed services for spousal business costs arising from a permanent change of station

added

added Subsection (g) of section 453 of title 37, United States Code, as amended by section 606, is further amended—

(1)

added in the heading, by inserting “or business costs” after “relicensing costs”;

(2)

added in paragraph (1), by inserting “or qualified business costs” after “qualified relicensing costs”;

(3)

added in paragraph (2)—

(A)

added by inserting “(A)” before “Reimbursement”;

(B)

added by inserting “for qualified relicensing costs” after “subsection”;

(C)

added by striking “$1000” and inserting “$1,000”; and

(D)

added by adding at the end the following new subparagraph:

added “(B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $2,000 in connection with each reassignment described in paragraph (1).”

(4)

added in paragraph (3), by inserting “or qualified business costs” after “qualified relicensing costs”;

(5)

added in paragraph (4)—

(A)

added in the matter preceding subparagraph (A), by inserting “business license, permit,” after “courses,”;

(B)

added in subparagraph (A)—

(i)

added by inserting “, or owned a business,” before “during”;

(ii)

added by inserting “professional” before “license”; and

(iii)

added by inserting “, or business license or permit,” after “certification”; and

(C)

added in subparagraph (B)—

(i)

added by inserting “professional” before “license”; and

(ii)

added by inserting “, or business license or permit,” after “certification”; and

(6)

added by adding at the end the following new paragraph:

added “(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—

added “(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

added “(B) the costs were incurred or paid to move such business to a new location in connection with such reassignment.”

Sec. 609 Permanent authority to reimburse members for spouse relicensing costs pursuant to a permanent change of station

added

added Subsection (g) of section 453 of title 37, United States Code, as amended by sections 606 and 608, is further amended by striking paragraph (3) and redesignating paragraph (4) as paragraph (3).

Sec. 609A Travel and transportation allowances for certain members of the Armed Forces who attend a professional military education institution or training classes

added

added Section 453 of title 37, United States Code, as amended by sections 606, 608, and 609, is further amended by adding at the end the following new subsection:

added “(i) Attendance at professional military education institution or training classes

added “(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—

added “(A) between duty stations located within the United States;

added “(B) for a period of not more than one year;

added “(C) for the purpose of participating in professional military education or training classes,

added “(D) with orders to return to the duty station where the member maintains primary residence and the dependents of such member reside.

added “(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:

added “(A) Transportation, including mileage at the same rate paid for a permanent change of station.

added “(B) Per diem while traveling between the permanent duty station and professional military education institution or training site.

added “(C) Per diem paid in the same manner and amount as temporary lodging expenses.

added “(D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title paid to a member—

added “(i) in the grade of such member;

added “(ii) without dependents;

added “(iii) who resides in the military housing area in which the professional military education institution or training site is located.

added “(E) Movement of household goods in an amount determined under applicable regulations.”

Sec. 609B Establishment of allowance for certain relocations of pets of members of the uniformed services

added

(a)

added Establishment— Section 453 of title 37, United States Code, as amended by sections 606, 608, 609, and 609A, is further amended by adding at the end the following new subsection:

added “(j) Pet relocation arising from a permanent change of duty station to or from a location outside the continental United States

added “(1) The Secretary concerned shall reimburse a member for costs—

added “(A) to move a pet of the member; and

added “(B) arising from a permanent change of duty station of such member to or from a location outside the continental United States.

added “(2) Reimbursement provided to a member under this subsection may not exceed $2,000 in connection with each permanent change of duty station described in paragraph (1).

added “(3) In this subsection, the term “pet” has the meaning given such term in section 2266 of title 18.”

(b)

added Effective date— The amendment made by this section takes effect on the day that is 180 days after the date of the enactment of this Act and applies to the relocation of a member of the uniformed services on or after such day.

Sec. 609C Extension of one-time uniform allowance for officers who transfer to the Space Force

added

added 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. 609D OCONUS cost of living allowance: adjustments; notice to certain congressional committees

added

(a)

added Adjustments—

(1)

added Reductions: limitation— The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating may not reduce the cost-of-living allowance for a member of the Armed Forces assigned to a duty station located outside the United States except in connection with a permanent change of station for such member.

(2)

added 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)

added Notice to certain congressional committees— The Secretary of Defense shall notify the appropriate congressional committees not less than 180 days before modifying a table used to calculate the living allowance described in subsection (a).

(c)

added Briefing— Not later than March 1, 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives regarding effects of this section on the allowance described in subsection (a).

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services of the Senate.

(2)

added The Committees on Armed Services of the House of Representatives.

(3)

added The Committee on Commerce, Science, and Transportation of the Senate.

(4)

added The Committee on Transportation and Infrastructure of the House of Representatives.

Sec. 609E Pay for DOD and Coast Guard child care providers: studies; adjustment

added

(a)

added DOD child care employee compensation review—

(1)

added Review 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)

added 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 of public elementary schools in such geographic area; and

(B)

added estimating the difference in average pay and the difference in average benefits between such child care employees and such employees of public elementary schools.

(2)

added Schedule— The Secretary of Defense shall complete the studies required under paragraph (1)—

(A)

added 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)

added 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)

added Reports—

(A)

added Interim report— 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 and the Coast Guard committees 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)

added Final report— Not later than 120 days after the completion of all the studies required under paragraph (1), the Secretary shall submit to the congressional defense committees and the Coast Guard committees a report summarizing the results of such studies.

(b)

added Coast Guard child development center employee compensation review—

(1)

added Review required— The Secretary of Homeland Security shall, for each geographic area in which the Secretary operates a Coast Guard child development center, conduct a study—

(A)

added comparing the total compensation (including all pay and benefits) of child development center employees of each Coast Guard child development center in such geographic area, to the total compensation of similarly credentialed employees of public elementary schools in such geographic area; and

(B)

added estimating the difference in average pay and the difference in average benefits between such child development center employees and such employees of public elementary schools.

(2)

added Schedule— The Secretary of Homeland Security shall complete the studies required under paragraph (1)—

(A)

added for the geographic areas containing the Coast Guard installations with the 10 longest wait lists for child development services at Coast Guard child development centers, not later than one year after the date of the enactment of this Act; and

(B)

added 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)

added Reports—

(A)

added Interim report— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Coast Guard committees and the congressional defense committees a report summarizing the results of the respective studies required under paragraph (1) that the Secretary has completed as of the date of the submission of such report.

(B)

added Final report— Not later than 120 days after the completion of all respective studies required under paragraph (1), the Secretary of Homeland Security shall submit to the Coast Guard committees and the congressional defense committees a report summarizing the results of such studies.

(c)

added Compensation adjustment—

(1)

added In general—

(A)

added Department of Defense— Not later than 90 days after the date on which the Secretary of Defense completes the study for a geographic area under subsection (a), the Secretary of each military department that operates a military child development center in such geographic area shall ensure that the dollar value of the total compensation, including the pay and benefits, of child care employees is not less than the average dollar value of the total compensation of similarly credentialed employees of public elementary schools in such geographic area.

(B)

added Coast Guard— Not later than 90 days after the date on which the Secretary of Homeland Security completes the study for a geographic area under subsection (b), the Commandant of the Coast Guard shall ensure that the dollar value of the total compensation, including the pay and benefits, of child development center employees in such geographic area is not less than the average dollar value of the total compensation of similarly credentialed employees of public elementary schools in such geographic area.

(2)

added Adjustment limit— No child care employee or child development center employee may have his or her pay or benefits decreased pursuant to paragraph (1).

(3)

added Reports—

(A)

added Department of Defense— Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, each Secretary of a military department shall submit to the congressional defense committees and the Coast Guard committees a report detailing the effects of changes in the total compensation under this subsection, including the effects on the hiring and retention of child care employees and on the number of children for which military child development centers provide child care services.

(B)

added Coast Guard— Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Commandant of the Coast Guard shall submit to the Coast Guard committees and the congressional defense committees a report detailing the effects of changes in the total compensation under this subsection, including the effects on the hiring and retention of child development center employees and on the number of children for which Coast Guard child development centers provide child development services.

(d)

added Definitions— In this section:

(1)

added The term benefits includes—

(A)

added retirement benefits;

(B)

added any insurance premiums paid by an employer;

(C)

added education benefits, including tuition reimbursement and student loan repayment; and

(D)

added 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 or Secretary of Homeland Security, as applicable.

(2)

added 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)

added The terms “child development center employee” and “Coast Guard child development center” have the meanings given such terms in section 2921 of title 14, United States Code.

(4)

added The term “Coast Guard committees” means—

(A)

added the Committee on Commerce, Science, and Transportation of the Senate;

(B)

added the Committee on Transportation and Infrastructure of the House of Representatives; and

(C)

added the Committees on Appropriations of the Senate and the House of Representatives.

(5)

added The term “congressional defense committees” has the meaning given such term in section 101 of title 10, United States Code.

(6)

added The term elementary school means a day or residential school which provides elementary education, as determined under State law.

(7)

added 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. 611 One-year extension of certain expiring bonus and special pay authorities

added

(a)

added 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)

added 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)

added Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

added Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c)

added 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)

added 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)

added Section 331(h), relating to general bonus authority for enlisted members.

(2)

added Section 332(g), relating to general bonus authority for officers.

(3)

added Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4)

added Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5)

added Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6)

added Section 351(h), relating to hazardous duty pay.

(7)

added Section 352(g), relating to assignment pay or special duty pay.

(8)

added Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

added Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e)

added Authority to provide temporary increase in rates of basic allowance for housing— Section 403(b) of title 37, United States Code, is amended—

(1)

added in paragraph (7)(E), by striking “December 31, 2022” and inserting “December 31, 2023”; and

(2)

added in paragraph (8)(C), by striking “September 30, 2022” and inserting “December 31, 2023”.

Sec. 612 Increase to maximum amounts of certain bonus and special pay authorities

added

(a)

added General bonus authority for enlisted members— Section 331(c)(1) of title 37, United States Code, is amended—

(1)

added in subparagraph (A), by striking “$50,000” and inserting “$75,000”; and

(2)

added in subparagraph (B), by striking “$30,000” and inserting “$50,000”.

(b)

added 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)

added Special aviation incentive pay and bonus authorities for officers— Section 334(c)(1) of title 37, United States Code, is amended—

(1)

added in subparagraph (A), by striking “$1,000” and inserting “$1,500”; and

(2)

added in subparagraph (B), by striking “$35,000” and inserting “$75,000”.

(d)

added 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. 613 Special pay and allowances for members of the Armed Forces assigned to cold weather operations

added

(a)

added Special pay—

(1)

added Establishment— Subchapter II of chapter 5 of title 37, United States Code, is amended by inserting after section 336 the following new section:

added “337. Special pay: members of the armed forces assigned to cold weather operations

added “(a) Special pay authorized—The Secretary concerned shall pay monthly special pay (to be known as “arctic pay”) to a member of the armed forces—

added “(1) assigned to perform cold weather operations; or

added “(2) required to maintain proficiency through frequent operations in cold weather.

added “(b) Amount of pay—Special pay under this section shall equal $300 per month.

added “(c) Relationship to other pay or allowances—Special pay under this section is in addition to any other pay or allowance to which a member is entitled.

added “(d) Sunset—No special pay may be paid under this section after December 31, 2023.”

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 336 the following:

(3)

added Regulations— The Secretary of Defense shall prescribe regulations for the payment of arctic pay under section 337 of such title, as added by subsection (a).

(b)

added Pilot allowance for broadband—

(1)

added Establishment— Chapter 7 of title 37, United States Code, is amended by inserting after section 425 the following new section:

added “426. Allowance for broadband for members of the armed forces assigned to permanent duty stations in Alaska

added “(a) Allowance authorized—The Secretary concerned shall pay, to a member of the armed forces assigned to a permanent duty station in Alaska, a monthly allowance for broadband.

added “(b) Amount—The monthly allowance to a member under this section shall be—

added “(1) $125 during calendar year 2023; and

added “(2) in subsequent calendar years, an amount determined by the Secretary of Defense based on the difference between the average costs of unlimited broadband plans in Alaska and in the continental United States.

added “(c) Sunset—No allowance may be paid under this section after December 31, 2028.”

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 425 the following:

(3)

added Effective date— Section 426 of such title, as added by this subsection, shall take effect on the day the Secretary of Defense prescribes regulations under paragraph (4).

(4)

added Regulations— Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out section 426 of such title, as added by this subsection.

(5)

added Report— Not later than December 31, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing—

(A)

added the evaluation of the Secretary of the allowance under section 426 of such title, as added by this subsection; and

(B)

added any recommendation of the Secretary regarding whether such allowance should be amended, extended, or made permanent.

(c)

added Travel and transportation allowance—

(1)

added Entitlement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations and guidance that entitle a member of the Armed Forces, assigned to a permanent duty station in Alaska, to a one-time allowance for air travel for the member and dependents of such member.

(2)

added Amounts— If the air travel is to the permanent residence of the member, the amount of the allowance shall equal the total costs of such air travel. If such air travel is to another destination within the United States, amount of the allowance shall be equal to the lesser of the following:

(A)

added The rate for such air travel under the City Pair Program of the General Services Administration (or successor program) in effect at the time of such air travel.

(B)

added The actual costs of such air travel.

(3)

added Timing— Air travel reimbursed under such regulation may not commence later than 30 months after the member is assigned to a permanent duty station in Alaska.

(4)

added Additional authorization— The Secretary concerned may authorize an additional allowance for a member who has used the allowance to which such member is entitled under this subsection.

Sec. 614 Authorization of incentive pay to a member of the Armed Forces whose disclosure of fraud, waste, or mismanagement results in cost savings to the military department concerned

added

(a)

added Authority— Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:

added “358. Incentive pay for cost savings disclosures

added “(a) Authority—The Secretary concerned may pay an incentive pay to a member of the Armed Forces whose disclosure of fraud, waste, or mismanagement to a covered official, results in cost savings for the military department concerned. The amount of an award under this section may not exceed the lesser of—

added “(1) $10,000; or

added “(2) an amount equal to 1 percent of the cost savings that the covered official determines to be the total savings attributable to such disclosure.

added “(b) Calculation—For purposes of subsection (a)(2), the covered official may take into account cost savings projected for subsequent fiscal years that will be attributable to such disclosure.

added “(c) Covered official defined—In this section, the term “covered official” includes the following:

added “(1) The Secretary concerned.

added “(2) The Inspector General concerned.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 357 the following:

Sec. 615 Inflation bonus pay

added

(a)

added Bonus pay— Beginning on January 1, 2023, the Secretary concerned shall pay a bonus to each eligible member under the jurisdiction of such Secretary concerned.

(b)

added Payment— Bonus pay under this section shall be paid to an eligible member on a monthly basis.

(c)

added Amount of pay— Each bonus payment under this section shall be in an amount equal to 2.4 percent of the rate—

(1)

added in effect on January 1, 2023; and

(2)

added of, for an eligible member—

(A)

added pay under section 204 of title 37, United States Code; or

(B)

added compensation under section 206 of title 37, United States Code.

(d)

added Relationship to other pay and allowances— Bonus pay paid to an eligible member under this section is in addition to any other pay and allowances to which the eligible member is entitled.

(e)

added Termination— No bonus may be paid under this section after December 31, 2023.

(f)

added Eligible member defined— In this section, the term “eligible member” means a member of the uniformed services—

(1)

added who is entitled to pay or compensation described in subsection (c)(2); and

(2)

added whose basic pay for 2023 is less than $45,000.

Sec. 616 Establishing complex overhaul pay

added

(a)

added Establishment— Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations under section 352 of title 37, United States Code, for the payment of special monthly pay (to be known as “complex overhaul pay”) to a member of the Armed Forces assigned to a naval vessel undergoing nuclear refueling or defueling and any concurrent complex overhaul.

(b)

added Amount of pay— Complex overhaul pay shall equal $200 per month.

(c)

added Relationship to other pay or allowances— Complex overhaul pay is in addition to any other pay or allowance to which a member is entitled.

Sec. 617 Air Force rated officer retention demonstration program

added

(a)

added 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)

added 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)

added 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)

added 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)

added Written agreement—

(1)

added 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)

added 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)

added Retention incentives—

(1)

added 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)

added 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)

added Combination of incentives— The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2).

(4)

added Variations; limitations— The Secretary may vary or limit the total number of available contracts and the combination of incentives within such contracts to target certain Air Force specialty codes, ensure required assignments locations are filled, and readiness is not negatively affected. The Secretary shall determine the criteria for such variations or limitations and include such criteria in the annual briefing under subsection (e).

(e)

added 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)

added Definitions— In this section:

(1)

added Rated officer— The term “rated officer” means an officer specified in section 9253 of title 10, United States Code.

(2)

added Secretary— The term “Secretary” means the Secretary of the Air Force.

(g)

added Termination— This section shall terminate on December 31, 2028.

Sec. 621 Expanded eligibility for bereavement leave for members of the Armed Forces

added

(a)

added Expansion— Section 701(m) of title 10, United States Code, is amended in paragraph (3) by striking subparagraphs (A) and (B) and inserting the following:

added “(A) a spouse;

added “(B) a son or daughter; or

added “(C) a parent.

added “(4) In this section, the term “son or daughter” means—

added “(A) a biological, adopted, step, or foster son or daughter of the individual;

added “(B) a person who is a legal ward of the member, or was a legal ward of the individual when the person was a minor or otherwise required a legal guardian; or

added “(C) a person for whom the member stands in loco parentis or stood in loco parentis when the person was a minor or otherwise required the individual to stand in loco parentis.

added “(5) In this section, the term “parent” means—

added “(A) a biological, adoptive, step, or foster parent of the individual, or a person who was a foster parent of the individual when the individual was a minor;

added “(B) a legal guardian of the individual, or person who was a legal guardian of the individual when the individual was a minor or otherwise required a legal guardian; or

added “(C) a person who stands in loco parentis to the member or stood in loco parentis when the individual was a minor or otherwise required a person to stand in loco parentis.”

(b)

added Effective date— The amendment made by subsection (a) shall take effect on the latter of July 3, 2022, and the date of the enactment of this Act.

Sec. 622 Claims relating to the return of personal effects of a deceased member of the Armed Forces

added

added Section 1482(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(11)

added “(A) Delivery of personal effects of a decedent to the next of kin or other appropriate person.

added “(B) If the Secretary concerned enters into an agreement with an entity to carry out subparagraph (A), the Secretary concerned shall pursue a claim against such entity that arises from the failure of such entity to substantially perform such subparagraph.

added “(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. 623 Expansion of authorized assistance for providers of child care services to members of the Armed Forces

added

(a)

added Expansion— Section 1798 of title 10, United States Code, is amended—

(1)

added by striking “financial assistance” each place it appears and inserting “covered assistance”; and

(2)

added by adding at the end the following new subsection:

added “(d) Covered assistance defined—In this section, the term “covered assistance” includes—

added “(1) financial assistance; and

added “(2) free or reduced-cost child care services furnished by the Secretary.”

(b)

added Techncial and conforming amendments—

(1)

added Section heading— The heading of such section is amended by striking “financial”.

(2)

added Table of sections— The table of sections at the beginning of subchapter II of chapter 88 of such title is amended by striking the item relating to section 1798 and inserting the following:

Sec. 624 Survivor Benefit Plan open enrollment period

added

(a)

added Persons not currently participating in Survivor Benefit Plan—

(1)

added Election of SBP coverage— An eligible retired or former member may elect to participate in the Survivor Benefit Plan during the open enrollment period specified in paragraph (4).

(2)

added Eligible retired or former member— For purposes of subparagraph (A), an eligible retired or former member is a member or former member of the uniformed services who, on the day before the first day of the open enrollment period, discontinued participation in the Survivor Benefit Plan under section 1452(g) of title 10, United States Code, and—

(A)

added is entitled to retired pay; or

(B)

added would be entitled to retired pay under chapter 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)

added Status under SBP of persons making elections—

(A)

added Standard annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(i) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.

(B)

added Reserve-component annuity— A person making an election under subparagraph (A) by reason of eligibility under subparagraph (B)(ii) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.

(b)

added Manner of making elections—

(1)

added In general— An election under this subsection must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Except as provided in subparagraph (B), any such election 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. A person making an election under paragraph (1) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.

(2)

added Election must be voluntary— An election under this subsection is not effective unless the person making the election declares the election to be voluntary. An election to participate in the Survivor Benefit Plan under this subsection may not be required by any court. An election to participate or not to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.

(c)

added Effective date for elections— Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(d)

added Open enrollment period defined— The open enrollment period is the period beginning on the date of the enactment of this Act and ending on January 1, 2024.

(e)

added 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 this subsection in the same manner as if the election were made under the Survivor Benefit Plan.

(f)

added Premiums for open enrollment election—

(1)

added Premiums to be charged— The Secretary of Defense shall prescribe in regulations premiums which a person electing under this subsection shall be required to pay for participating in the Survivor Benefit Plan pursuant to the election. The total amount of the premiums to be paid by a person under the regulations shall be equal to the sum of—

(A)

added the total amount by which the retired pay of the person would have been reduced before the effective date of the election 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 member to participate under chapter 73 of title 10, United States Code;

(B)

added interest on the amounts by which the retired pay of the person would have been so reduced, computed from the dates on which the retired pay would have been so reduced at such rate or rates and according to such methodology as the Secretary of Defense determines reasonable; and

(C)

added 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.

(2)

added Premiums to be credited to retirement fund— Premiums paid under the regulations shall be credited to the Department of Defense Military Retirement Fund.

(g)

added Definitions— In this subsection:

(1)

added The term “Survivor Benefit Plan” means the program established under subchapter II of chapter 73 of title 10, United States Code.

(2)

added The term “retired pay” includes retainer pay paid under section 8330 of title 10, United States Code.

(3)

added The terms “uniformed services” and “Secretary concerned” have the meanings given those terms in section 101 of title 37, United States Code.

(4)

added The term “Department of Defense Military Retirement Fund” means the Department of Defense Military Retirement Fund established under section 1461(a) of title 10, United States Code.

Sec. 625 Study and report on military installations with limited child care

added

(a)

added Study—

(1)

added In general— The Secretary of Defense shall conduct a study regarding child care at military installations of the covered Armed Forces—

(A)

added that are not served by a military child development center; or

(B)

added where the military child development center has few available spots.

(2)

added Elements— The study shall identify the following with regards to each military installation described in paragraph (1):

(A)

added The current and maximum possible enrollment at the military child development center (if one exists).

(B)

added Plans of the Secretary to expand an existing, or construct a new, military child development center.

(C)

added The resulting capacity of each military child development center described in subparagraph (B).

(D)

added 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.

(b)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report containing the results of the study conducted under this section, including any policy recommendations of the Secretary to address the rising cost of child care near military installations and the rates of child care fee assistance provided to members of the covered Armed Forces.

(c)

added Definitions— In this section:

(1)

added The term “covered Armed Force” means the following:

(A)

added The Army.

(B)

added The Navy.

(C)

added The Marine Corps.

(D)

added The Air Force.

(E)

added The Space Force.

(2)

added The term “military child development center” has the meaning given such term in section 1800 of title 10, United States Code.

Sec. 631 Prohibition on sale of Chinese goods in commissary stores and military exchanges

added

added The Secretary of Defense shall prohibit the sale, at a commissary store or military exchange, of goods—

(1)

added manufactured in China;

(2)

added assembled in China; or

(3)

added imported into the United States from China.

Sec. 641 Transitional compensation and benefits for the former spouse of a member of the Armed Forces who allegedly committed a dependent-abuse offense during marriage

added

(a)

added In general— Section 1059 of title 10, United States Code, is amended—

(1)

added in the heading—

(A)

added by striking “separated for” and inserting “who commit”; and

(B)

added by inserting “; health care” after “exchange benefits”;

(2)

added in subsection (b)—

(A)

added in the heading, by striking “Punitive and Other Adverse Actions Covered” and inserting “Covered members”;

(B)

added in paragraph (2), by striking “offense.” and inserting “offense; or”; and

(C)

added by adding at the end the following new paragraph:

added “(3) who is not described in paragraph (1) or (2) and whose former spouse alleges that the member committed a dependent-abuse offense—

added “(A) during the marriage to the former spouse;

added “(B) for which the applicable statute of limitations has not lapsed; and

added “(C) that an incident determination committee determines meets the criteria for abuse.”

(3)

added in subsection (e)(1)—

(A)

added in subparagraph (A)(ii), by striking “; and” and inserting a semicolon;

(B)

added in subparagraph (B), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following new subparagraph:

added “(C) in the case of a member described in subsection (b)(3), shall commence upon the date of the final decree of divorce, dissolution, or annulment of that member from the former spouse described in such subsection.”

(4)

added by adding at the end the following new subsection:

added “(n) Health care for certain former spouses—The Secretary concerned shall treat a former spouse described in subsection (b)(3) as an abused dependent described in section 1076(e) of this title.”

(b)

added Technical amendment— The table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1059 and inserting the following:

(c)

added Effective date— The amendments made by this Act shall apply to a former spouse described in subsection (b)(3) of such section 1059, as added by subsection (a)(2) of this section, whose final decree of divorce, dissolution, or annulment described in subsection (e)(1)(C) of such section 1059, as added by subsection (a)(3) of this section, is issued on or after the date of the enactment of this Act.

Sec. 642 Authorization of permissive temporary duty for wellness

added

added In order to reduce the rate of suicides in the Armed Forces, the Secretary of each military department may prescribe regulations that authorize a member of an Armed Force under the jurisdiction of such Secretary to take not more than two weeks of permissive temporary duty each year to attend a seminar, retreat, workshop, or outdoor recreational therapy event—

(1)

added hosted by a non-profit organization; and

(2)

added that focuses on psychological, physical, spiritual, or social wellness.

Sec. 643 Study on basic pay

added

(a)

added 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)

added Elements— The research and analysis conducted under subsection (a) shall include the following:

(1)

added An assessment of the model used to determine the basic pay in the current basic pay tables, including—

(A)

added an analysis of whether to update the current model to meet the needs of the 2023 employment market;

(B)

added a historical understanding of when the current model was established and how frequently it has been during the last 10 years;

(C)

added an understanding of the assumptions on which the model is based and how such assumptions are validated;

(D)

added an analysis of time-in-grade requirements and how they may affect retention and promotion; and

(E)

added an assessment of how recruiting and retention information is used to adjust the model.

(2)

added 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)

added An analysis of—

(A)

added how basic pay has compared with civilian pay since the 70th percentile benchmark for basic pay was established; and

(B)

added whether to change the 70th percentile benchmark.

(4)

added An assessment of whether—

(A)

added 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)

added to use a different index, such as the Defense Employment Cost Index.

(5)

added Legislative and policy recommendations regarding basic pay table based on analyses and assessments under paragraphs (1) through (4).

(c)

added Briefings and progress report—

(1)

added 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)

added 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)

added 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)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services of the House of Representatives.

(2)

added The Committee on Armed Services of the Senate.

(3)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(4)

added The Committee on Commerce, Science, and Transportation of the Senate.

Sec. 644 Report on accuracy of basic allowance for housing

added

(a)

added 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 prepare and submit to the appropriate congressional committees a report on BAH. Such report shall contain the following elements:

(1)

added The evaluation of the Secretary—

(A)

added of the efficiency and accuracy of the current system used to calculate BAH;

(B)

added the appropriateness of using mean and median housing costs in such calculation;

(C)

added of existing MHAs, in relation to choices in, and availability of, housing to servicemembers;

(D)

added 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)

added of the flexibility of BAH to respond to changes in real estate markets; and

(F)

added of residential real estate processes to determine rental rates.

(2)

added The recommendation of the Secretary—

(A)

added regarding the feasibility of including information, furnished by Federal entities, regarding school districts, in calculating BAH;

(B)

added whether to calculate BAH more frequently, including in response to a sudden change in the housing market;

(C)

added 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)

added whether to publish the methods used by the Secretary to calculate BAH on a publicly accessible website of the Department of Defense; and

(E)

added whether BAH calculations appropriately account for increased housing costs associated with Coast Guard facilities.

(b)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The Committee on Armed Services of the House of Representatives.

(B)

added The Committee on Armed Services of the Senate.

(C)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(D)

added The Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “BAH” means the basic allowance for housing for members of the uniformed services under section 403 of title 37, United States Code.

(3)

added 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.

(4)

added The term “MHA” means military housing area.

(5)

added The term “servicemember” has the meaning given such term in section 101 of the Servicemembers Civil Relief Act (50 U.S.C. 3911).

Sec. 645 Study and report on barriers to home ownership for members of the Armed Forces

added

(a)

added In general— 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 barriers to home ownership for members of the Armed Forces. At the conclusion of such study, the Secretary shall submit, to the appropriate congressional committees, a report containing the following elements:

(1)

added Potential barriers to such home ownership, including down payments, concerns about home maintenance, and challenges in selling a home.

(2)

added The percentage of members who use the basic allowance for housing to pay for a mortgage, disaggregated by Armed Force, rank, and military housing area.

(3)

added Any identified differences in home ownership rates among members correlated with race or gender.

(4)

added What percentage of members own a home before separating from the Armed Forces.

(b)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The Committee on Armed Services of the House of Representatives.

(2)

added The Committee on Armed Services of the Senate.

(3)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(4)

added The Committee on Commerce, Science, and Transportation of the Senate.

Sec. 701 Clarification of coverage of artificial reproductive services for certain TRICARE beneficiaries

added

added Section 1074(c)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraphs:

added “(C) In providing for the coverage under this subsection of artificial reproductive services to any member of a covered armed force who incurs a serious injury or illness on active duty as specified in subparagraph (A), the Secretary of Defense shall ensure that the coverage of such services, including gamete donation and surrogacy services, is provided without regard to whether the member is married to a spouse of the same gender, married to a spouse of the opposite gender, or unmarried.

added “(D) In this paragraph, the term “covered armed force” means the following:

added “(i) The Army.

added “(ii) The Navy.

added “(iii) The Marine Corps.

added “(iv) The Air Force.

added “(v) The Space Force.”

Sec. 702 Clarification of coverage of certain areolar nipple tattooing procedures under TRICARE program

added

(a)

added Coverage under TRICARE program— Section 1079(a)(11)(A) of title 10, United States Code, is amended by inserting “(including two-dimensional and three-dimensional areolar nipple tattooing)” after “breast reconstructive surgery”.

(b)

added Applicability— The amendments made by subsection (a) shall apply with respect to breast reconstructive surgeries provided on or after the date of the enactment of this Act.

Sec. 703 TRICARE Dental for Selected Reserve

added

added Section 1076a of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added in paragraph (1)—

(i)

added in the header, by striking “selected reserve and”; and

(ii)

added by striking “for members of the Selected Reserve of the Ready Reserve and”;

(B)

added in paragraph (2), in the header, by inserting “individual ready” after “other”; and

(C)

added by adding at the end the following new paragraph:

added “(5) Plan for Selected Reserve—A dental benefits plan for members of the Selected Reserve of the Ready Reserve.”

(2)

added in subsection (d)—

(A)

added by redesignating paragraph (3) as paragraph (4); and

(B)

added by inserting after paragraph (2) the following new paragraph:

added “(3) No premium plans

added “(A) The dental insurance plan established under subsection (a)(5) is a no premium plan.

added “(B) Members enrolled in a no premium plan may not be charged a premium for benefits provided under the plan.”

(3)

added in subsection (e)(2)(A), by striking “a member of the Selected Reserve of the Ready Reserve or”;

(4)

added by redesignating subsections (f) through (k) as subsections (g) through (l), respectively;

(5)

added by inserting after subsection (e) the following new subsection (f):

added “(f) Copayments under no premium plans—A member who receives dental care under a no premium plan referred to in subsection (d)(3) shall pay no charge for any care described in subsection (c).”

(6)

added in subsection (i), as redesignated by paragraph (4), by striking “subsection (k)(2)” and inserting “subsection (l)(2)”.

Sec. 704 Report requirement for certain contracts under TRICARE program

added

(a)

added GAO report upon award of certain contracts— Chapter 55 of title 10, United States Code, is amended by inserting after section 1097d the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

added “1097e. TRICARE program: report requirement for certain contracts

added “(a) GAO report—Not later than 180 days after the date on which the Secretary of Defense enters into a major military health care contract, the Comptroller General of the United States shall submit to the congressional defense committees a report on the contract.

added “(b) Matters—Each report under subsection (a) shall include, with respect to the contract for which the report is submitted, a review of the process used in awarding the contract.

added “(c) Major military health care contract defined—In this section, the term “major military health care contract” means a contract the Secretary determines is a managed care support contract for the administration of the TRICARE program (including the administration of medical and dental care services under such program) and is estimated by the Secretary to require an eventual total expenditure of more than $1,000,000,000.”

(b)

added Submission of criteria to congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop specific criteria for the determination of a contract as a “major military health care contract” pursuant to section 1097e(c) of title 10, United States Code, as added by subsection (a), and submit to the congressional defense committees a detailed list of such criteria.

Sec. 705 Temporary requirement for contraception coverage parity under the TRICARE program

added

(a)

added In general— The Secretary of Defense shall ensure that, during the one-year period beginning on the date that is 30 days after the date of the enactment of the Act, the imposition or collection of cost-sharing for certain services is prohibited as follows:

(1)

added Pharmacy benefits program— Notwithstanding subparagraphs (A), (B), and (C), of section 1074g(a)(6) of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in section 1074(a)(2)(E)(ii) of such title or through the national mail-order pharmacy program of the TRICARE Program.

(2)

added TRICARE Select— Notwithstanding any provision under section 1075 of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided by a network provider under the TRICARE program.

(3)

added TRICARE Prime— Notwithstanding subsections (a), (b), and (c) of section 1075a of title 10, United States Code, cost-sharing may not be imposed or collected with respect to any beneficiary under such section for a covered service that is provided under TRICARE Prime.

(b)

added Definitions— In this section:

(1)

added The term “covered service” means any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure.

(2)

added The term “eligible covered beneficiary” has the meaning given such term in section 1074g of title 10, United States Code.

(3)

added The terms “TRICARE Program” and “TRICARE Prime” have the meaning given such terms in section 1072 of title 10, United States Code.

Sec. 706 Rates of reimbursement for providers of applied behavior analysis

added

(a)

added In general— In furnishing applied behavior analysis under the TRICARE program to individuals described in subsection (b) during the period beginning on the date of the enactment of this Act and ending on December 31, 2023, the Secretary of Defense shall ensure that the reimbursement rates for providers of applied behavior analysis are not less than the rates that were in effect on April 30, 2022.

(b)

added Individuals described— Individuals described in this subsection are individuals who are covered beneficiaries by reason of being a member or former member of the Army, Navy, Air Force, Space Force, or Marine Corps, including the reserve components thereof, or a dependent of such a member or former member.

(c)

added Definitions— In this section, the terms “covered beneficiary” and “TRICARE program” have the meaning given those terms in section 1072 of title 10, United States Code.

Sec. 707 Medical testing and related services for firefighters of Department of Defense

added

(a)

added Provision of services— During the annual periodic health assessment of each firefighter of the Department of Defense, or at such other intervals as may be indicated in this subsection, the Secretary shall provide to the firefighter (at no cost to the firefighter) appropriate medical testing and related services to detect, document the presence or absence of, and prevent, certain cancers. Such services shall meet, at a minimum, the following criteria:

(1)

added Breast cancer— With respect to the breast cancer screening, if the firefighter is a female firefighter—

(A)

added such services shall include the provision of a mammogram to the firefighter—

(i)

added on at least a biannual basis if the firefighter is 40 years old to 49 years old (inclusive);

(ii)

added on at least an annual basis if the firefighter is at least 50 years old; and

(iii)

added as clinically indicated (without regard to age); and

(B)

added in connection with such provision, a licensed radiologist shall review the most recent mammogram provided to the firefighter, as compared to prior mammograms so provided, and provide to the firefighter the results of such review.

(2)

added Colon cancer— With respect to colon cancer screening—

(A)

added if the firefighter is at least 40 years old, and as otherwise clinically indicated, such services shall include the communication to the firefighter of the risks and benefits of stool-based blood testing;

(B)

added if the firefighter is at least 45 years old, and as clinically indicated (without regard to age), such services shall include the provision, at regular intervals, of visual examinations (such as a colonoscopy, CT colonoscopy, or flexible sigmoidoscopy) or stool-based blood testing; and

(C)

added in connection with such provision, a licensed physician shall review and provide to the firefighter the results of such examination or testing, as the case may be.

(3)

added Prostate cancer— With respect to prostate cancer screening, if the firefighter is a male firefighter, the communication to the firefighter of the risks and benefits of prostate cancer screenings and the provision to the firefighter of a prostate-specific antigen test—

(A)

added on an annual basis, if the firefighter is at least 50 years old;

(B)

added on an annual basis, if the firefighter is at least 40 years old and is a high-risk individual; and

(C)

added as clinically indicated (without regard to age).

(4)

added Other cancers— Such services shall include routine screenings for any other cancer the risk or occurrence of which the Director of the Centers for Disease Control and Prevention has identified as higher among firefighters than among the general public, the provision of which shall be carried out during the annual periodic health assessment of the firefighter.

(b)

added Optional nature— A firefighter of the Department of Defense may opt out of the receipt of a medical testing or related service provided under subsection (a).

(c)

added Use of consensus technical standards— In providing medical testing and related services under subsection (a), the Secretary shall use consensus technical standards in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).

(d)

added Documentation—

(1)

added In general— In providing medical testing and related services under subsection (a), the Secretary—

(A)

added shall document the acceptance rates of such tests offered and the rates of such tests performed;

(B)

added shall document tests results, to identify trends in the rates of cancer occurrences among firefighters; and

(C)

added may collect and maintain additional information from the recipients of such tests and other services, to allow for appropriate scientific analysis.

(2)

added Privacy— In analyzing any information of an individual documented, collected, or maintained under paragraph (1), in addition to complying with other applicable privacy laws, the Secretary shall ensure the name, and any other personally identifiable information, of the individual is removed from such information prior to the analysis.

(3)

added Sharing with Centers for Disease Control and Prevention— The Secretary may share data from any tests performed under subsection (a) with the Director of the Centers for Disease Control and Prevention, as appropriate, to increase the knowledge and understanding of cancer occurrences among firefighters.

(e)

added Definitions— In this section:

(1)

added The term “firefighter” has the meaning given that term in section 707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1441; 10 U.S.C. 1074m note).

(2)

added The term “high-risk individual” means an individual who—

(A)

added is African American;

(B)

added has at least one first-degree relative who has been diagnosed with prostate cancer at an early age; or

(C)

added is otherwise determined by the Secretary to be high-risk with respect to prostate cancer.

Sec. 708 Audit of behavioral health care network providers listed in TRICARE directory

added

(a)

added Audit required— The Secretary of Defense shall conduct an audit of the behavioral health care providers listed in the TRICARE directory.

(b)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the findings of the audit under subsection (a). Such report shall include the following:

(1)

added An identification of the following, disaggregated by provider specialty and TRICARE region:

(A)

added The number of such behavioral health care providers with respect to which there are duplicate listings in the TRICARE directory.

(B)

added 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)

added The number of such behavioral health care providers that, as a result of the audit, the Secretary determines are no longer available or accepting new TRICARE patients.

(D)

added 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 Secretary determines are so available and accepting.

(E)

added The number of behavioral health care providers listed in the TRICARE directory that are no longer practicing.

(F)

added The number of behavioral health care providers that, in conducting the audit, the Secretary of Defense could not reach for purposes of verifying information relating to availability or status.

(2)

added An identification of the number of TRICARE beneficiaries in each TRICARE region, disaggregated by beneficiary category.

(3)

added A description of the methods by which the Secretary measures the following:

(A)

added The accessibility and accuracy of the TRICARE directory, with respect to behavioral health care providers listed therein.

(B)

added The adequacy of behavioral health care providers under the TRICARE program.

(4)

added A description of the efforts of the Secretary to recruit and retain behavioral health care providers.

(5)

added Recommendations by the Secretary, 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)

added Definitions— In this section:

(1)

added The term “TRICARE directory” means the directory of network providers under the TRICARE program.

(2)

added The term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.

Sec. 709 Independent analysis of quality and patient safety review process under direct care component of TRICARE program

added

(a)

added Agreement—

(1)

added In general— The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “National Academies”) for the National Academies to carry out the activities described in subsections (b) and (c).

(2)

added Timing— The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 60 days after the date of the enactment of this Act.

(b)

added Analysis by the National Academies—

(1)

added Analysis— Under an agreement between the Secretary and the National Academies entered into pursuant to subsection (a), the National Academies 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)

added Elements— The analysis conducted and recommendations developed under paragraph (1) shall include, with respect to the direct care component, the following:

(A)

added An assessment of the procedures under such component regarding credentialing and privileging for health care providers (and an assessment of compliance with such procedures).

(B)

added An assessment of the processes under such component for quality assurance, standard of care, and incident review (and an assessment of compliance with such processes).

(C)

added An assessment of the accountability processes under such component for health care providers who are found to have not met a required standard of care.

(3)

added Information access and privacy—

(A)

added Access to records— Notwithstanding section 1102 of title 10, United States Code, the Secretary shall provide the National Academies with access to such records of the Department of Defense as the Secretary may determine necessary for purposes of the National Academies conducting the analysis and developing the recommendations under paragraph (1).

(B)

added Privacy of information— In conducting the analysis and developing the recommendations under paragraph (1), the National Academies—

(i)

added shall maintain any personally identifiable information in records accessed by the National Academies pursuant to subparagraph (A) in accordance with applicable laws, protections, and best practices regarding the privacy of information; and

(ii)

added may not permit access to such information by any individual or entity not engaged in conducting such analysis or developing such recommendations.

(c)

added Report— Under an agreement entered into between the Secretary and the National Academies under subsection (a), the National Academies, not later than one year after the date of the execution of the agreement, shall—

(1)

added submit to 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 Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the National Academies with respect to the analysis conducted and recommendations developed under subsection (b); and

(2)

added make such report available on a public website in unclassified form.

(d)

added 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. 721 Congressional notification requirement to modify scope of services provided at military medical treatment facilities

added

added Section 1073c(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(7)

added “(A) The Secretary of Defense may not modify the scope of medical care provided at a military medical treatment facility pursuant to paragraph (2)(C) (including by modifying the staff, types of services available, or beneficiary population served, at the facility), unless—

added “(i) 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;

added “(ii) a period of 180 days has elapsed following the date on which the Secretary submits such notification; and

added “(iii) 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 and an opportunity to participate in at least two public forums convened by the Secretary, to discuss the transition plan and any related concerns.

added “(B) Each notification under subparagraph (A) 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. 722 Modification of certain deadline and requirement to transfer research and development functions to Defense Health Agency

added

added Section 1073c of title 10, United States Code, is amended—

(1)

added in subsection (e)—

(A)

added in the matter preceding paragraph (1), by striking “September 30, 2022” and inserting “September 30, 2023”; and

(B)

added in paragraph (1)(B), by striking “the Army Medical Research and Materiel Command” and inserting “such elements and functions of the Army Medical Research and Materiel Command as the Secretary determines appropriate”;

(2)

added by redesignating subsections (g) and (h) as subsections (h) and (i); and

(3)

added by inserting after subsection (f) the following new subsection:

added “(g) Report requirement—The Secretary of Defense may not take any action to exclude an element or function of the Army Medical Research and Materiel Command from organization under or transfer to the Defense Health Agency Research and Development pursuant to a determination referred to in subsection (e)(1)(B) unless—

added “(1) the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate a report containing an explanation of the determination and a plan for the proposed exclusion; and

added “(2) a period of 90 days has elapsed following the date on which the Secretary submits such report.”

Sec. 723 Modification of requirement to transfer public health functions to Defense Health Agency

added

added Section 1073c(e)(2) of title 10, United States Code, is amended—

(1)

added in the matter preceding subparagraph (A), by striking “A subordinate” and inserting “(A) A subordinate”;

(2)

added by redesignating subparagraphs (A) and (B) as clauses (i) and (ii);

(3)

added in clause (ii), as so redesignated—

(A)

added by striking “comprised of” and inserting “except as provided in subparagraph (B), comprised of”; and

(B)

added by striking “Command” each place it appears and inserting “Center”; and

(4)

added by adding at the end the following new subparagraph:

added “(B) At the discretion of the Secretary of Defense, the Secretary of a military department may retain an element or function that would otherwise be organized under or transferred to the Defense Health Agency Public Health pursuant to subparagraph (A)(ii) if the Secretary of Defense determines such element or function—

added “(i) addresses a need that is unique to that military department; and

added “(ii) is in direct support of operating forces and necessary to implement national security or defense strategies.

added “(C) The Secretary of a military department may not take any action to retain an element or function pursuant to a determination by the Secretary of Defense referred to in subparagraph (B) unless—

added “(i) the Secretary of Defense submits to the Committees on Armed Services of the House of Representatives and the Senate a report containing an explanation of such determination and a plan for the proposed retention; and

added “(ii) a period of 90 days has elapsed following the date on which the Secretary submits such report.”

Sec. 724 Other transaction authority for studies and demonstration projects relating to delivery of health and medical care

added

added Section 1092(b) of title 10, United States Code, is amended by inserting “or transactions (other than contracts, cooperative agreements, and grants)” after “contracts”.

Sec. 725 Licensure requirement for certain health-care professionals providing services as part of mission relating to emergency, humanitarian, or refugee assistance

added

added 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. 726 Improvements relating to Medical Officer of the Marine Corps position

added

(a)

added In general— Chapter 806 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):

added “8048. Medical Officer of the Marine Corps

added “(a) There is a Medical Officer of the Marine Corps who shall be appointed from among flag officers of the Navy.

added “(b) The Medical Officer of the Marine Corps, while so serving, shall hold the grade of rear admiral (lower half).”

(b)

added Exclusion from certain distribution limitations— Section 525 of such title is amended—

(1)

added by redesignating subsection (g) as subsection (h); and

(2)

added by inserting after subsection (f) the following new subsection:

added “(g) A naval officer while serving as the Medical Officer of the Marine Corps is in addition to the number that would otherwise be permitted for the Navy for officers serving on active duty in the grade of rear admiral (lower half) under subsection (a).”

(c)

added Exclusion from active duty strength limitations prior to December 31, 2022— Section 526 of such title is amended—

(1)

added by redesignating subsection (k) as subsection (l); and

(2)

added by inserting after subsection (j) the following new subsection:

added “(k) Exclusion of Medical Officer of Marine Corps—The limitations of this section do not apply to the flag officer who is serving as the Medical Officer of the Marine Corps.”

(d)

added Exclusion from active duty strength limitations after December 31, 2022— Section 526a of such title is amended—

(1)

added by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and

(2)

added by inserting after subsection (g) the following new subsection:

added “(h) Exclusion of Medical Officer of Marine Corps—The limitations of this section do not apply to the flag officer who is serving as the Medical Officer of the Marine Corps.”

Sec. 727 Authority for Department of Defense program to promote early literacy among certain young children as part of pediatric primary care

added

(a)

added Program— Chapter 55 of title 10, United States Code, is amended by inserting after section 1109 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

added “1109A. Authority for program to promote early literacy among certain young children as part of pediatric primary care

added “(a) Authority—The Secretary of Defense may carry out a program to promote early literacy among young children the caregivers of whom are members of the armed forces as part of the pediatric primary care of such children.

added “(b) Activities—Activities under the program under subsection (a) shall be evidence-informed and include the following:

added “(1) The provision to pediatric primary care providers and other appropriate personnel of the Department of training on early literacy promotion.

added “(2) The purchase and distribution of age-appropriate books to covered caregivers.

added “(3) The modification of waiting rooms in military medical treatment facilities, including in specific clinics within such facilities, to ensure such waiting rooms include materials that reinforce language-rich interactions between young children and their covered caregivers, including a full selection of literature for young children.

added “(4) The dissemination to covered caregivers of education materials on pediatric early literacy.

added “(5) Such other activities as the Secretary determines appropriate.

added “(c) Locations—In carrying out the program under subsection (a), the Secretary may conduct the activities under subsection (b) at any military medical treatment facility.

added “(d) Definitions—In this section:

added “(1) The term “covered caregiver” means a member of the armed forces who is a caregiver of a young child.

added “(2) The term “young child” means any child from birth to the age of five years old, inclusive.”

(b)

added 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 extent to which the authority under section 1109A(a) of title 10, United States Code, (as added by subsection (a)) is used, including a description of any activities carried out under the program so authorized.

(c)

added Rule of construction— Nothing in this section, or the amendments made by this section, shall be construed as requiring that a child have more than one caregiver as a condition of receiving services under, or otherwise participating in, the program authorized under such section 1109A.

Sec. 728 Accountability for wounded warriors undergoing disability evaluation

added

(a)

added In general— 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)

added A requirement that a determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary concerned.

(2)

added A description of the role of the Director of the Defense Health Organization in supporting the Secretaries concerned in carrying out determinations of fitness for duty as specified in paragraph (1).

(3)

added A requirement that a medical evaluation provided under the authority of the Defense Health Agency under section 1073c of title 10, United States Code, shall comply with applicable law and Department of Defense regulations and shall be considered by the Secretary concerned in determining fitness for duty under such chapter.

(4)

added 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 the Director is required to adhere to.

(5)

added A requirement that wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the Armed Forces.

(6)

added A description of the types of due process protections, privileges, and rights afforded to members of the Armed Forces pursuant to paragraph (5), including an identification of each such due process protection.

(b)

added Clarification of responsibilities regarding medical evaluation boards— Section 1073c of title 10, United States Code, is amended by redesignating subsection (h) as subsection (i); and by inserting after subsection (g) the following new subsection (h):

added “(h) Authorities reserved to the Secretaries concerned regarding the disability evaluation system—Notwithstanding the responsibilities and authorities of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary concerned shall maintain personnel authority over and responsibility for any member of the armed forces while the member is being considered by a medical evaluation board. Such responsibility shall include the following:

added “(1) Responsibility for administering the morale and welfare of the member.

added “(2) Responsibility for determinations of fitness for duty of the member under chapter 61 of this title.”

(c)

added Briefing— Not later than February 1, 2023, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the status of the implementation of subsections (a) and (b).

(d)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.

Sec. 729 Incentive payments for retention of certain behavioral health providers

added

(a)

added Incentive payments for certain behavioral health providers—

(1)

added Incentive payments— The Secretary of Defense, using authorities available to the Secretary, shall increase the use of incentive payments paid to individuals described in paragraph (2) for the purpose of retaining such employees.

(2)

added Eligible recipients— Individuals described in this paragraph are covered civilian behavioral health providers in the following professions:

(A)

added Clinical psychologists.

(B)

added Social workers.

(C)

added Counselors.

(3)

added Prioritization— In increasing the use of incentive payments under paragraph (1), the Secretary of Defense shall give priority for such an incentive payment to an individual described in paragraph (2) who is stationed at a remote installation or an installation with a higher-than-average turnover of covered civilian behavioral health providers, as determined by the Secretary.

(4)

added Reports— Not later than February 1 of each of calendar years 2023, 2024, 2025, and 2026, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following:

(A)

added The number of covered civilian behavioral health providers as of the end of the fiscal year preceding the year in which the report is submitted, disaggregated by the professions specified in paragraph (2) and by whether the covered civilian behavioral health provider is stationed at a remote installation.

(B)

added Of such covered civilian behavioral health providers, the number who, during such preceding fiscal year, received an incentive payment referred to in paragraph (1), disaggregated by the professions specified in paragraph (2) and by whether the covered civilian behavioral health provider is stationed at a remote installation.

(C)

added With respect to such covered civilian behavioral health providers who so received an incentive payment, the median and mean incentive payment amount so received, disaggregated by the professions specified in paragraph (2) and by whether the covered civilian behavioral health provider is stationed at a remote installations.

(D)

added For the five fiscal years preceding the year in which the report is submitted, the aggregate amount of incentive payments referred to in paragraph (1) paid to covered civilian behavioral health providers.

(E)

added A summary of the actions taken by the Secretary to implement the requirements of this section.

(F)

added An assessment of the effectiveness of increasing the use of incentive payments under paragraph (1) for improved retention of covered civilian behavioral health providers.

(G)

added Any recommendations by the Secretary for additional authorities, or modifications to authorities already available to the Secretary, to further improve the retention of covered civilian behavioral health providers.

(b)

added Definitions— In this section:

(1)

added The term “behavioral health” includes clinical psychology, social work, counseling, and related fields.

(2)

added The term “civilian behavioral health provider” means a behavioral health provider who is a civilian employee of the Department of Defense.

(3)

added The term “counselor” means an individual who holds—

(A)

added a master’s or doctoral degree from an accredited graduate program in—

(i)

added marriage and family therapy; or

(ii)

added clinical mental health counseling; and

(B)

added 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)

added 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)

added The term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

(6)

added The term “remote installation” means a military installation that the Secretary determines to be in a remote location.

Sec. 730 Clarification of license portability for health care providers providing services under Reserve Health Readiness program

added

added For purposes of license portability under paragraph (1) of section 1094(d) of title 10, United States Code, a health care provider who provides medical or dental services under the Reserve Health Readiness program of the Department of Defense (or any successor program) and meets the requirements specified in subparagraphs (A) and (B) of paragraph (2) of such section shall be considered a health-care professional described in such paragraph.

Sec. 731 Policy of Defense Health Agency on expanded recognition of board certifications for physicians

added

added Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall revise the policy of the Defense Health Agency relating to credentialing and privileging under the military health system, to expand the recognition of board certifications for physicians under such policy to a wide range of additional board certifications.

Sec. 741 GAO study on coverage of mental health disorders under TRICARE program and relationship to certain mental health parity laws

added

(a)

added Study and report required— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1)

added conduct a study to identify and assess the similarities and differences with respect to coverage of mental health disorders under the TRICARE program and coverage requirements under mental health parity laws; and

(2)

added 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)

added Matters— The report under subsection (a) shall include the following:

(1)

added A description of any overlaps or gaps between coverage requirements under the TRICARE program and under the mental health parity laws, with respect to treatment for the continuum of mental health disorders (including substance use disorder).

(2)

added An identification of any existing or anticipated effects of any such overlaps or gaps on access to care by TRICARE beneficiaries.

(3)

added An identification of denial rates under the TRICARE program for requests by TRICARE beneficiaries for coverage of mental or behavioral health care services, and the overturn rates of appeals for such requests, disaggregated by type of health care service.

(4)

added A list of each mental or behavioral health care provider type that is not an authorized provider type under the TRICARE program.

(5)

added An identification of any anticipated effects of modifying coverage requirements under the TRICARE program to bring such requirements into conformity with mental health parity laws, including an assessment of the following:

(A)

added Potential costs to the Department of Defense, the Department of Homeland Security (with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy), and TRICARE beneficiaries as a result of such modification.

(B)

added The adequacy of the TRICARE program network to support such modification.

(C)

added Potential effects of such modification on access to care by TRICARE beneficiaries.

(D)

added Such other matters as may be determined appropriate by the Comptroller General.

(c)

added Briefing— Not later than 90 days after the date on which the Secretaries receives the report submitted under subsection (a), the Secretaries shall provide to the congressional defense committees a briefing on any statutory changes the Secretaries determine necessary to close gaps in the coverage of mental health disorders under the TRICARE program, including any such gaps identified in the report, to bring such coverage into conformity with requirements under mental health parity laws.

(d)

added Definitions— In this section:

(1)

added The term mental health parity laws means—

(A)

added section 2726 of the Public Health Service Act (42 U.S.C. 300gg–26);

(B)

added section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a);

(C)

added section 9812 of the Internal Revenue Code of 1986 (26 U.S.C. 9812); or

(D)

added 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)

added The term “TRICARE program” has the meaning given such term in section 1072 of title 10, United States Code.

Sec. 742 Feasibility study on establishment of new command on defense health

added

(a)

added Study— The Secretary of Defense shall conduct a feasibility study regarding the establishment of a new defense health command under which the Defense Health Agency would be a joint component. In conducting such study, the Secretary shall consider for the new command each of the following potential structures:

(1)

added A unified combatant command.

(2)

added A specified combatant command.

(3)

added Any other defense health command structure the Secretary determines appropriate.

(b)

added Matters— The study under subsection (a) shall include, with respect to the new command specified in such subsection, the following:

(1)

added An assessment of the organizational structure required to establish the new command with the following responsibilities and duties:

(A)

added The conduct of health operations among operational units of the Armed Forces.

(B)

added The administration of military medical treatment facilities.

(C)

added The administration of the TRICARE program.

(D)

added Serving as the element of the Armed Forces with the primary responsibility for the following:

(i)

added Medical treatment, advanced trauma management, emergency surgery, and resuscitative care.

(ii)

added Emergency and specialty surgery, intensive care, medical specialty care, and related services.

(iii)

added Preventive, acute, restorative, curative, rehabilitative, and convalescent care.

(E)

added 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, including with respect to the care services specified in subparagraph (D)(iii).

(F)

added The conduct of existing research and education activities of the Department of Defense in the filed of health sciences.

(G)

added The conduct of public health and global health activities not otherwise assigned to the Armed Forces.

(H)

added The administration of the Defense Health Program Account under section 1100 of title 10, United States Code.

(2)

added A description of 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.

(3)

added A description of the roles of the Surgeons General of the Army, Navy and Air Force, with respect to the commander of the new command.

(4)

added A description of the additional legislative authorities, if any, necessary to establish the new command.

(c)

added Briefing; report— Not later than September 30, 2023, the Secretary of Defense shall—

(1)

added provide to the Committees of Armed Services of the House of Representatives and the Senate briefing on the results of the study under subsection (a); and

(2)

added submit to the Committees of Armed Services of the House of Representatives and the Senate briefing and report on the results of such study.

Sec. 743 Study and awareness initiative regarding use of medicinal cannabis to treat certain members of the Armed Forces on terminal leave

added

(a)

added Study— The Secretary of Defense shall conduct a study on the use of medicinal cannabis as an alternative to prescription opioids in the treatment of members of the Armed Forces on terminal leave preceding separation, retirement, or release from active duty.

(b)

added Participants— The Secretary shall select participants in the study under subsection (a) from among members of the Armed Forces on terminal leave—

(1)

added who have been diagnosed with post traumatic stress disorder, a traumatic brain injury, or any other condition involving severe pain, as determined by the Secretary for purposes of this section;

(2)

added who but for such participation, would be prescribed opioid medications in connection with the treatment of such condition; and

(3)

added who elect to participate in the study (including in the post-study monitoring under subsection (c)).

(c)

added Post-study monitoring— Following the conclusion of the study under subsection (a), the Secretary shall monitor the effects of such study on the health of former participants by conducting assessments of such former participants, and shall submit to the congressional defense committees reports on the results of such monitoring, at the following intervals:

(1)

added One year after the date of such conclusion.

(2)

added Three years after the date of such conclusion.

(d)

added Effect on other benefits— The eligibility or entitlement of a member of the Armed Forces to any other benefit under the laws administered by the Secretary shall not be affected by the participation of the member in the study under this section (including by participation in the post-study monitoring under subsection (c)).

(e)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the findings of the study under subsection (a). Such report shall include—

(1)

added a description of any such findings relating to the benefits or other effects of using medicinal cannabis as an alternative to prescription opioids under the study; and

(2)

added any recommendations of the Secretary based on such findings.

(f)

added Education initiative— The Secretary shall carry out an education initiative regarding the use of medicinal cannabis for the treatment of the conditions referred to in subsection (b)(1). In carrying out such initiative, the Secretary shall take into consideration—

(1)

added to the extent practicable, the findings of the study under subsection (a);

(2)

added the specific vulnerability to opioid abuse and substance abuse disorder of individuals transitioning from serving on active duty in the Armed Forces; and

(3)

added best practices for reducing the stigmatization of medicinal cannabis.

(g)

added Definitions— In this section:

(1)

added The terms “active duty” and “Armed Forces” have the meaning given those terms in section 101 of title 10, United States Code.

(2)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Energy and Commerce of the House of Representatives; and

(C)

added the Committee on Commerce, Science, and Transportation of the Senate.

Sec. 744 Report on composition of medical personnel of each military department and related matters

added

(a)

added Report— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five 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)

added Matters— The report under subsection (a) shall include the following:

(1)

added With respect to each military department, the following:

(A)

added An identification of the total number of medical personnel of the military department.

(B)

added An identification of the number of such medical personnel who are officers in a grade above O–6.

(C)

added An identification of the number of such medical personnel who are officers in a grade below O–7.

(D)

added An identification of the number of such medical personnel who are enlisted members.

(E)

added An assessment of potential issues relating to the composition of such medical personnel.

(F)

added A description of any plans of the Secretary to—

(i)

added reduce the total number of such medical personnel; or

(ii)

added eliminate any covered position for such medical personnel.

(G)

added 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)

added An assessment of the advisability of establishing within the Department of the Air Force, by not later than five years after the date of the enactment of this Act, a position of the Medical Officer of the Space Force with the responsibilities of advising the Chief of Space Operations on all matters relating to health care for members of the Space Force and serving as the expert on such matters in working with the heads of other Federal departments and agencies on related issues.

(3)

added An assessment of the necessity of maintaining the position of the Medical Officer of the Marine Corps, including—

(A)

added 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)

added an assessment of potential issues associated with the elimination of such position; and

(C)

added a description of any potential effects of such elimination with respect to medical readiness.

(c)

added Disaggregation of certain data— The data specified in subparagraphs (A) through (D) of subsection (b)(1) shall be presented as a total number and disaggregated by each medical component of the respective military department.

(d)

added Considerations in assessing certain Space Force matter— In conducting the assessment pursuant to subsection (b)(2), the Secretary of Defense shall take into consideration the tasks, operations, and specific health care considerations that accompany the space warfighting mission of the Space Force.

(e)

added Definitions— In this section:

(1)

added The term “covered position” means a position for an officer in a grade above O–6.

(2)

added The terms “enlisted member” and “officer” have the meanings given those terms in section 101(b) of title 10, United States Code.

(3)

added The term “medical component” means—

(A)

added in the case of the Army, the Medical Corps, Dental Corps, Nurse Corps, Medical Service Corps, Veterinary Corps, and Army Medical Specialist Corps;

(B)

added 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)

added in the case of the Navy, the Medical Corps, Dental Corps, Nurse Corps, and Medical Service Corps.

(4)

added The term “medical personnel” has the meaning given such term in section 115a(e) of title 10, United States Code.

(5)

added The term “military department” has the meaning given that term in section 101(a) of such title.

Sec. 745 Briefing and report on reduction or realignment of military medical manning and medical billets

added

added Section 731(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended to read as follows:

added “(A) Briefing; report—The Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate—

added “(i) 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, not later than December 27, 2022; and

added “(ii) a report on such analyses not later than May 31, 2023.”

Sec. 761 Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl substances as component of periodic health assessments

added

(a)

added Periodic health assessment— Each Secretary concerned shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—

(1)

added based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

(2)

added exposed to such substances, including by evaluating any information in the health record of the member.

(b)

added Separation history and physical examinations— Section 1145(a)(5) of title 10, United States Code is amended by adding at the end the following new subparagraph:

added “(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—

added “(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

added “(ii) exposed to such substances, including by assessing any information in the health record of the member.”

(c)

added Deployment assessments— Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

added “(E) An assessment of whether the member was—

added “(i) based or stationed at a military installation identified by the Secretary concerned as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or

added “(ii) exposed to such substances, including by assessing any information in the health record of the member.”

(d)

added Provision of blood testing to determine exposure to perfluoroalkyl substances or polyfluoroalkyl substances—

(1)

added Provision of blood testing—

(A)

added In general— If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary concerned shall provide to that member, during the covered evaluation, blood testing to determine and document potential exposure to such substances.

(B)

added Inclusion in health record— The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.

(2)

added Analysis of blood testing results—

(A)

added 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, consistent with Department of Defense Instruction 6055.05 (or such successor instruction), to track and analyze, including through the identification and analysis of trends, the results of blood testing results provided pursuant to the paragraph (1) or under section 707 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1441; 10 U.S.C. 1074m note).

(B)

added Annual reports— Not later than two years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a summary of the results of blood testing provided pursuant to paragraph (1), at a Department of Defense-wide level.

(e)

added Definitions— In this section:

(1)

added The term covered evaluation means—

(A)

added a periodic health assessment conducted in accordance with subsection (a);

(B)

added a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); or

(C)

added a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).

(2)

added The term “Secretary concerned” has the meaning given such term in section 101 of title 10, United States Code.

Sec. 762 Mandatory training on health effects of perfluoroalkyl or polyfluoroalkyl substances

added

added The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of perfluoroalkyl or polyfluoroalkyl substances.

Sec. 763 Non-medical counseling services for military families

added

added Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsections:

added “(d) Non-medical counseling services

added “(1) In carrying out the duties of the Office under subsection (b), the Director of Military Family Readiness Policy may coordinate programs and activities for the provision of non-medical counseling services to military families through the Military and Family Counseling Program.

added “(2) Notwithstanding any law regarding the licensure or certification of mental health professionals, a mental health professional described in paragraph (3) may provide non-medical counseling services through the Military and Family Counseling Program at any location in a State, the District of Columbia, or a Commonwealth, territory or possession of the United States, without regard to where the provider or recipient of such services is located or the mode of the delivery of such services, if the provision of such services is within the scope of the authorized Federal duties of the professional.

added “(3) A mental health professional described in this paragraph is an individual who is—

added “(A) a mental health professional who holds a current license or certification that is—

added “(i) issued by a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

added “(ii) recognized by the Secretary of Defense;

added “(B) a member of the uniformed services, a civilian employee of the Department of Defense, or a contractor designated by the Secretary of Defense; and

added “(C) performing authorized duties for the Department of Defense under a program or as part of an activity referred to in paragraph (1).

added “(e) Definitions—In this section:

added “(1) The term “Military and Family Counseling Program” means the Military and Family Counseling Program of the Department of Defense, or any successor program.

added “(2) The term “non-medical counseling services” means mental health care services that—

added “(A) are non-clinical, short-term, and solution-focused; and

added “(B) address topics related to personal growth, development, and positive functioning.”

Sec. 764 Clarifications relating to analysis of Department of Defense Comprehensive Autism Demonstration Program by National Academies

added

(a)

added Clarifications— Section 737 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1800) is amended—

(1)

added in subsection (b)(2)—

(A)

added in subparagraph (A), by inserting “broadly” after “disorder”;

(B)

added in subparagraph (C), by inserting “parental involvement in applied behavior analysis treatment, and” after “including”;

(C)

added by amending subparagraph (D) to read as follows:

added “(D) A review of the health outcomes, including mental health outcomes, for individuals who have received applied behavioral analysis treatments over time.”

(D)

added in subparagraph (E), by inserting “, since the inception of such program,” after “demonstration program”;

(E)

added in subparagraph (F), by striking “effectiveness” and inserting “cost effectiveness, program effectiveness, and clinical effectiveness”;

(F)

added in subparagraph (G), by inserting “than in the general population” after “military families”;

(G)

added by redesignating subparagraph (H) as subparagraph (I); and

(H)

added by inserting after subparagraph (G), as amended by subparagraph (F) of this paragraph, the following new subparagraph:

added “(H) An analysis on whether the diagnosis and treatment of autism is more prevalent among the children of military families than in the general population.”

(2)

added in subsection (c), by striking “nine months” and inserting “two years and seven months”.

(b)

added Technical and conforming amendment— Such section is further amended by striking “demonstration project” each place it appears and inserting “demonstration program”.

Sec. 765 Clarification of eligibility for membership to independent suicide prevention and response review committee

added

added Section 738(b)(3) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1801) is amended by inserting “, unless the individual is a retired member of the Armed Forces or a former civilian employee of the Department, or the individual is hired for the purpose of serving on such committee” after “Department of Defense”.

Sec. 766 Improvement to Wounded Warrior Service Dog Program

added

added Section 745 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (134 Stat. 3710; Public Law 10 U.S.C. 1071 note) is amended—

(1)

added by redesignating subsection (b) as subsection (c); and

(2)

added by inserting after subsection (a) the following new subsection:

added “(b) Grants

added “(1) In general—In carrying out the Wounded Warrior Service Dog Program, the Secretary of Defense may award grants to nonprofit organizations to provide assistance dogs under such program.

added “(2) Applications—An applicant for a grant under paragraph (1) shall submit an application at such time, in such manner, and containing such information as the Secretary determines.

added “(3) Selection—The Secretary shall select nonprofit organizations that submit applications for the award of grants under the Wounded Warrior Service Dog Program using a competitive process.

added “(4) Considerations for grant amount—In determining the amount of a grant to award to a nonprofit organization selected under paragraph (3), the Secretary shall consider the following:

added “(A) The merits of the application submitted by the nonprofit organization.

added “(B) Whether, and to what extent, there is demand by covered members or covered veterans for assistance dogs provided by the nonprofit organization.

added “(C) The capacity and capability of the nonprofit organization to raise and train assistance dogs to meet such demand.

added “(D) Such other factors as the Secretary may determine appropriate.

added “(5) Limitation on grant amounts—The amount of a grant awarded to a nonprofit organization selected under paragraph (3) may not exceed $2,000,000.”

Sec. 767 Improvements relating to behavioral health care available under military health system

added

(a)

added Expansion of certain behavioral health programs at the Uniformed Services University of the Health Sciences—

(1)

added Establishment of graduate programs— The Secretary of Defense shall establish graduate degree-granting programs in counseling and social work at the Uniformed Services University of the Health Sciences.

(2)

added Expansion of clinical psychology graduate program— The Secretary of Defense shall take such steps as may be necessary to expand the clinical psychology graduate program of the Uniformed Services University of the Health Sciences.

(3)

added Post-award employment obligation—

(A)

added Agreement with Secretary— Subject to subparagraph (B), as a condition of enrolling in a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences, a civilian student shall enter into an agreement with the Secretary of Defense pursuant to which the student agrees that, if the student does not become a member of a uniformed service upon graduating such program, the student shall 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 student was enrolled in such program.

(B)

added 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 employment obligation specified in such subparagraph.

(C)

added Repayment— A civilian graduate who does not complete the employment obligation required under the agreement entered into pursuant to subparagraph (A) shall repay to the Secretary of Defense a prorated portion of the student’s costs of attendance in the program described in such paragraph. The amount of such prorated portion shall be determined by the Secretary.

(D)

added Applicability— This subsection shall apply to civilian students who enroll in the first year of a degree-granting program in clinical psychology, social work, or counseling at the Uniformed Services University of the Health Sciences on or after the date of the enactment of this Act.

(4)

added Implementation plan— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan for the implementation of this subsection. Such plan shall include—

(A)

added a determination as to the resources for personnel and facilities required for such implementation;

(B)

added estimated timelines for such implementation; and

(C)

added a projection of the number of graduates from the programs specified in paragraph (1) upon the completion of such implementation.

(b)

added Scholarship-for-service program for civilian behavioral health providers—

(1)

added In general— Beginning not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a program under which—

(A)

added the Secretary may provide—

(i)

added direct grants to cover tuition, fees, living expenses, and other costs of attendance 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)

added 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)

added in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in accordance with paragraph (2).

(2)

added Post-award employment obligations—

(A)

added 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)

added 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)

added Repayment— 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). The amount of such prorated portion shall be determined by the Secretary.

(4)

added Implementation plan— 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 plan for the implementation of this subsection. Such plan shall include—

(A)

added a determination as to the resources required for such implementation;

(B)

added estimated timelines for such implementation; and

(C)

added a projection of the number of recipients of assistance under paragraph (1) upon the completion of such implementation.

(c)

added Report on behavioral health workforce—

(1)

added Report— Not later than 90 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 TRICARE program and submit to the congressional defense committees a report containing the results of such analysis. Such report shall include, with respect to such workforce, the following:

(A)

added 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)

added 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)

added 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)

added 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)

added Data on the historical demand for behavioral health services by members of the Armed Forces.

(F)

added 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 TRICARE program, disaggregated by provider type.

(G)

added 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)

added Such other information as the Secretary may determine appropriate.

(2)

added Provider types— The professions described in this paragraph are as follows:

(A)

added Clinical psychologists.

(B)

added Social workers.

(C)

added Counselors.

(D)

added Such other professions as the Secretary may determine appropriate.

(3)

added Behavioral 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)

added Plan to address shortfalls in behavioral health workforce— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to address any shortfall of the behavioral health workforce identified under subsection (c)(1)(G). Such plan shall address the following:

(1)

added 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)

added 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)

added 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)

added A plan to ensure that remote installations are prioritized for the assignment of military behavioral health providers.

(5)

added Updated access standards for behavioral health care under the military health system, taking into account—

(A)

added 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)

added the frequency of regular follow-up appointments subsequent to the first appointment at which a patient receives such individualized treatment.

(6)

added A plan to expand access to behavioral health care under the military health system using telehealth.

(e)

added Definitions— In this section:

(1)

added The term “behavioral health” includes psychiatry, clinical psychology, social work, counseling, and related fields.

(2)

added The term “civilian behavioral health provider” means a behavioral health provider who is a civilian employee of the Department of Defense.

(3)

added The term “cost of attendance” has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).

(4)

added The term “counselor” means an individual who holds—

(A)

added a master’s or doctoral degree from an accredited graduate program in—

(i)

added marriage and family therapy; or

(ii)

added clinical mental health counseling; and

(B)

added 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.

(5)

added 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.

(6)

added 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).

(7)

added The term “military behavioral health provider” means a behavioral health provider who is a member of the Armed Forces.

(8)

added The term “military installation” has the meaning given that term in section 2801 of title 10, United States Code.

(9)

added The term “military medical treatment facility” means a facility specified in section 1073d of such title.

(10)

added The term “remote installation” means a military installation that the Secretary determines to be in a remote location.

(11)

added The term “State” means each of the several States, the District of Columbia, and each commonwealth, territory or possession of the United States.

(12)

added The term “TRICARE program” has the meaning given that term in section 1072 of title 10, United States Code.

Sec. 768 Assignment of behavioral health providers and technicians to aircraft carriers

added

(a)

added Assignment— Beginning not later than December 31, 2023, the Secretary of the Navy shall ensure there is assigned to each aircraft carrier not fewer than two military behavioral health providers and not fewer than two behavioral health technicians.

(b)

added Definitions— In this section:

(1)

added The term “behavioral health” includes clinical psychology, social work, counseling, and related fields.

(2)

added The term “behavioral health technician” means an enlisted member of the Armed Forces who is trained to perform clinical activities in support of a licensed behavioral health provider.

(3)

added The term “military behavioral health provider” means a behavioral health provider who is a member of the Armed Forces.

Sec. 769 Department of Defense internship programs relating to civilian behavioral health providers

added

(a)

added Internship programs for civilian behavioral health—

(1)

added Establishment of programs— The Secretary of Defense shall establish paid pre-doctoral and post-doctoral internship programs for the purpose of training clinical psychologists to work as covered civilian behavioral health providers.

(2)

added Employment obligation—

(A)

added In general— Subject to subparagraph (B), as a condition of participating in an internship program under paragraph (1), the participant shall enter into an agreement with the Secretary of Defense pursuant to 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.

(B)

added 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 employment obligation specified in such subparagraph.

(3)

added Repayment— An individual who participates in an internship program 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 cost of administering such program with respect to such individual and of any payment received by the individual under such program. The amount of such prorated portion shall be determined by the Secretary.

(4)

added Implementation plan— 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 plan for the implementation of this subsection. Such plan shall include an explanation of how the Secretary will adjust the workload and staffing of behavioral health providers in military medical treatment facilities to ensure sufficient capacity to supervise participants in the internship programs under paragraph (1).

(b)

added Definitions— In this section:

(1)

added The term “behavioral health” includes psychiatry, clinical psychology, social work, counseling, and related fields.

(2)

added 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.

(3)

added The term “civilian behavioral health provider” means a behavioral health provider who is a civilian employee of the Department of Defense.

(4)

added The term “military medical treatment facility” means a facility specified in section 1073d of such title.

Sec. 770 Brain health initiative of Department of Defense

added

(a)

added 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)

added Objectives— The objectives of the Initiative shall be the following:

(1)

added 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)

added The establishment of a program to monitor cognitive brain health across the Department of Defense, beginning upon the accession of a member to the Armed Forces and repeated at regular intervals thereafter, with the goal of detecting any need for cognitive enhancement or restoration resulting from potential brain exposures of the member, to mitigate possible evolution of injury or disease progression.

(B)

added The identification and dissemination of thresholds for blast pressure safety and associated emerging scientific evidence.

(C)

added The modification of high-risk training and operational activities to mitigate the negative effects of repetitive blast exposure.

(D)

added 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)

added 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)

added 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)

added The development of a resource that would set forth specific criteria used in the awarding of potential grants for research projects relating to the direct correlation of environmental exposures and brain injuries to the brain health of members of the Armed Forces.

(H)

added The incorporation 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, into activities of the Department relating to brain health, as applicable.

(2)

added To harmonize and prioritize the efforts of the Department of Defense into a single approach to brain health, to produce more efficient and effective results.

(c)

added 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 congressional defense committees a report setting forth a strategy and implementation plan of the Department of Defense to achieve the objectives of the Initiative under subsection (b).

(d)

added 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.

(e)

added Annual reports— Not later than January 31, 2024, and annually thereafter until January 31, 2030, the Secretary of Defense shall submit to the congressional defense committees a report on the Initiative that includes the following:

(1)

added A description of the activities taken under the Initiative and resources expended under the Initiative during the prior fiscal year.

(2)

added A summary of the progress made during the prior fiscal year with respect to the objectives of the Initiative under subsection (b).

(f)

added 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. 771 Authority to conduct pilot program relating to monitoring of blast overpressure exposure

added

(a)

added Authority— The Director of the Defense Health Agency may conduct, as part of the initiative of the Department of Defense known as the “Warfighter Brain Initiative” (or any successor 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.

(b)

added Locations— Monitoring activities under a pilot program conducted pursuant to subsection (a) shall be carried out in each training environment that the Director determines poses a risk for blast overpressure exposure.

(c)

added Documentation and sharing of data— If the Director conducts a pilot program pursuant to subsection (a), the Director shall—

(1)

added 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

(2)

added 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.

Sec. 772 Standardization across Department of Defense of policies relating to service by individuals diagnosed with HBV

added

(a)

added In general— The Secretary of Defense, in coordination with the Secretaries concerned, shall—

(1)

added review regulations, establish policies, and issue guidance relating to service by individuals diagnosed with HBV, consistent with the health care standards and clinical guidelines of the Department of Defense; and

(2)

added identify areas where 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)

added Awareness, education, and training—

(1)

added Reviews and recommendations— The Secretary of Defense shall—

(A)

added conduct a review of the education, training, and resources furnished to members of the Armed Forces regarding the regulations and policies of the Department of Defense that govern the screening, documentation, treatment, management, and practice standards for individuals diagnosed with HBV, including a review of the awareness and understanding of such policies within clinical settings;

(B)

added conduct a review of the resources and support services furnished to members of the Armed Forces diagnosed with HBV, including any resources containing information on—

(i)

added the health care options of the member; or

(ii)

added regulations or policies of the Department relating to such diagnosed members; and

(C)

added identify recommendations, based on the findings of the reviews conducted under subsections (A) and (B), to improve the awareness and understanding of regulations and policies of the Department for individuals diagnosed with HBV.

(2)

added Provision of education, training, resources, and support— The Secretary of Defense, taking into account the recommendations under paragraph (1)(C), shall provide to members of the Armed Forces—

(A)

added education, training, and resources to increase awareness and understanding of the regulations and policies of the Department of Defense that govern the screening, documentation, treatment, management, and practice standards for individuals diagnosed with HBV, including in health care settings; and

(B)

added in the case of members of the Armed Forces diagnosed with HBV, education, resources, and support services regarding the regulations and policies of the Department relating to such diagnosed members, including with respect to enlistments, assignments, deployments, retention standards, and health care services available to such members.

(c)

added Definitions— In this section:

(1)

added The term “HBV” means the Hepatitis B Virus.

(2)

added The term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.

Sec. 773 Certification program in provision of mental health services to members of the Armed Forces, veterans, and military families

added

(a)

added In general— The Secretary of Defense, in consultation with the Secretary of Veterans Affairs and 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, veterans, and military families.

(b)

added 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)

added 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.

(d)

added 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)

added Report— Not later than 180 days after the termination date specified in subsection (d), the Secretary of Defense shall submit to the appropriate congressional committees a report on the results of the curriculum and certification program developed and implemented under this section.

(f)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and

(B)

added the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2)

added The term “institution of higher education” has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

Sec. 774 Pilot program on cryopreservation and storage

added

(a)

added Pilot program— The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment in support of combat or special operations.

(b)

added Period—

(1)

added In general— The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to an agreement under subsection (d) until the date that is one year after the retirement, separation, or release of the member from the Armed Forces.

(2)

added Continued cryopreservation and storage— At the end of the one-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in such paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:

(A)

added To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.

(B)

added To transfer the gametes to a private cryopreservation and storage facility selected by the individual.

(C)

added To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual.

(c)

added Advance medical directive and military testamentary instrument— A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United 25 States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.

(d)

added Agreements— To carry out this section, the Secretary—

(1)

added may enter into agreements with private entities that provide cryopreservation and storage services for gametes; and

(2)

added in selecting such private entities with which to enter into agreements, shall (to the maximum extent practicable) select such private entities that offer multi-site storage and fertility testing services prior to cryopreservation.

Sec. 775 Pilot program for participation by members of Selected Reserve in health professions scholarship and financial assistance programs

added

(a)

added Pilot program— Notwithstanding section 2123 of title 10, United States Code, and in accordance with such regulations as may be prescribed by the Secretary of Defense for the purpose of carrying out this section, each Secretary of a military department shall carry out a pilot program under which that Secretary may modify service obligations for certain individuals under the health professions scholarship and financial assistance program of that military department, to expand participation in such program to such individuals.

(b)

added Eligibility— To be eligible for participation in the pilot program under subsection (a), in addition to meeting the eligibility requirements under section 2122 of title 10, United States Code, an individual may not have previously been a member of the health professions scholarship and financial assistance program.

(c)

added Conditions on participation—

(1)

added In general— As a condition of participating in the pilot program under subsection (a), an individual eligible under subsection (b) shall enter into an agreement with the Secretary of the military department concerned pursuant to which the individual agrees—

(A)

added to participate as a member of the health professions scholarship and financial assistance program of that military department;

(B)

added to complete courses of study and specialized training under such program in a health profession discipline designated by that Secretary as a critically needed wartime discipline; and

(C)

added upon completion of participation in such program, to satisfy, in lieu of the active duty obligation under section 2123 of title 10, United States Code, a service obligation in the Selected Reserve of the Ready Reserve of that military department for the period described in paragraph (2).

(2)

added Length of period of service— The period described in this paragraph is a period of time of a length determined by the Secretary of the military department concerned, except that such period may not be shorter than a period equal to—

(A)

added each year of participation in the health professions scholarship and financial assistance program pursuant to paragraph (1)(A) multiplied by two and a half; plus

(B)

added if such participation was for a period of two years or fewer, an additional two and a half years.

(3)

added Details of service obligation— Unless otherwise specified by the Secretary of the military department concerned—

(A)

added any period of time spent in intern or residency training shall not be creditable in satisfying the service obligation under paragraph (1)(C);

(B)

added any period of time used to satisfy another military service obligation shall not be creditable in satisfying the service obligation under paragraph (1)(C); and

(C)

added the period described in paragraph (2) shall be a consecutive period of time.

(4)

added Failure to complete—

(A)

added Alternative obligations— A participant in the pilot program under subsection (a) who is relieved of the service obligation under paragraph (1)(C) before the completion of that service obligation may be given, with or without the consent of the participant, either of the following alternative obligations, as determined by the Secretary of the military department concerned:

(i)

added A service obligation in the Selected Reserve of the Ready Reserve of another military department for a period of time not less than the remaining service obligation of the participant.

(ii)

added Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary under such pilot program on behalf of the member pursuant to the repayment provisions of section 303a(e) or 373 of title 37, United States Code.

(B)

added Civilian employee alternative— In addition to the alternative obligations specified in subparagraph (A), if a participant in the pilot program under subsection (a) is relieved of the service obligation under paragraph (1)(C) by reason of the separation of the participant because of a physical disability, the Secretary of the military department concerned may give the participant a service obligation as a civilian employee employed as a health care professional in a facility of the uniformed services for a period of time determined by that Secretary, but not to exceed the remaining service obligation of the participant.

(d)

added Metrics and evaluations— The Secretary of Defense shall establish metrics, and carry out evaluations using such metrics, to determine the effectiveness of the pilot program under subsection (a).

(e)

added Termination— The authority to carry out the pilot program under subsection (a) shall terminate on October 1, 2027.

(f)

added Briefings— Not later than 180 days prior to the date on which the pilot program under subsection (a) terminates, each Secretary of a military department shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the effectiveness of the pilot program.

(g)

added Definitions— In this section:

(1)

added The terms “course of study” and “specialized training” have the meaning given those terms in section 2120 of title 10, United States Code.

(2)

added The term “health professions scholarship and financial assistance program” has the meaning given the term “program” under such section.

(3)

added The term “member of the health professions scholarship and financial assistance program” has the meaning given the term “member of the program” under such section.

Sec. 776 Pilot program on ensuring pharmaceutical supply stability

added

(a)

added In general— Not later than January 1 2024, the Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall establish a pilot program to acquire, manage, and replenish a 180-day supply of at least 30 commonly used generic drugs at risk of shortage under the military health system as a result of a pharmaceutical supply chain disruption, to ensure the stability of such supply.

(b)

added Military medical treatment facilities— The Secretary of Defense shall select for participation in the pilot program established under subsection (a) not fewer than five military medical treatment facilities that are—

(1)

added located in the continental United States; and

(2)

added at the greatest risk of pharmaceutical supply chain disruption, as determined by the Secretary.

(c)

added Elements— In carrying out the pilot program established under subsection (a), the Secretary of Defense shall—

(1)

added use the systems and processes of the Direct Vendor Delivery System established by section 352 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2458 note);

(2)

added include the establishment of a vendor managed inventory approach to pharmaceutical distribution, to acquire, manage, and replenish the vendor-held supply described in subsection (a) to prevent product expiration and shortages; and

(3)

added ensure guaranteed Department of Defense access to the vendor managed inventory approach specified in paragraph (2).

(d)

added Termination— The pilot program established under this section shall terminate on the date that is three years after the date of the enactment of this Act.

(e)

added Initial report— Not later than 30 days after the date of the establishment of the pilot program under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a report on the design of the pilot program. Such report shall include—

(1)

added a description of the military medical treatment facilities selected under subsection (b) and the generic drugs selected for the pilot program pursuant to subsection (a);

(2)

added the plan for the implementation and management of the pilot program; and

(3)

added key performance indicators to measure the success of the pilot program in ensuring the availability of generic drugs selected for the pilot program pursuant to subsection (a).

(f)

added Final report— Not later than 180 days after the termination date under subsection (d), the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and Senate a final report on the results of the pilot program. The report shall include—

(1)

added measurements of key performance indicators identified in the initial report required under subsection (e);

(2)

added an analysis of the success of the pilot program in preventing shortages of commonly used generic drugs within the military medical treatment facilities selected under subsection (b); and

(3)

added recommendations for further expansions of the pilot program, including any legislative or regulatory proposals the Secretary determines would reduce supply chain risk to commonly used generic drugs under the military health system.

(g)

added Definitions— In this section:

(1)

added The term “generic drug” means a drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 231)) that is approved pursuant to section 505(j) of such Act (21 U.S.C. 355(j)).

(2)

added The term “pharmaceutical supply chain disruption” means a disruption described in the report of the Inspector General of the Department of Defense titled “Evaluation of the Department of Defense’s Mitigation of Foreign Suppliers in the Pharmaceutical Supply Chain” (DODIG-2021-126) and published on September 20, 2021.

Sec. 777 Establishment of partnership program between United States and Ukraine for military trauma care and research

added

added 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)

added The sharing of relevant lessons learned from the Russo-Ukraine War.

(2)

added The conduct of relevant joint conferences and exchanges with military medical professionals from Ukraine and the United States.

(3)

added 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)

added The conduct of joint research and development on the health effects of new and emerging weapons.

(5)

added 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)

added 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)

added The provision of training to the armed forces of Ukraine in the following areas:

(A)

added Health matters relating to chemical, biological, radiological, nuclear and explosive weapons.

(B)

added Preventive medicine and infectious disease.

(C)

added Post traumatic stress disorder.

(D)

added Suicide prevention.

(8)

added The maintenance of a list of medical supplies and equipment needed.

(9)

added Such other elements as the Secretary of Defense may determine appropriate.

Sec. 778 Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel

added

(a)

added Sense of Congress— It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.

(b)

added Grant program— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.

(c)

added Eligible entities— To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.

(d)

added Award— The Secretary shall award grants under this section to eligible entities that—

(1)

added carry out a research project that—

(A)

added addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and

(B)

added is conducted by the eligible entity and an entity in Israel under a joint research agreement; and

(2)

added meet such other criteria that the Secretary may establish.

(e)

added Application— To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.

(f)

added Gift authority— The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.

(g)

added Reports— Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—

(1)

added a description of how the eligible entity used the grant; and

(2)

added an evaluation of the level of success of the research project.

(h)

added Termination— The authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.

Sec. 779 Suicide cluster: standardized definition for use by Department of Defense; congressional notification

added

(a)

added 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)

added 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 appropriate congressional committees a notification of such determination.

(c)

added 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.

(d)

added Briefing— Not later than April 1, 2023, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on the following:

(1)

added The methodology being used in the development of the definition under subsection (a).

(2)

added The progress made towards the development of the process for submitting required notifications under subsection (b).

(3)

added An estimated timeline for the implementation of this section.

(e)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The Committee on Armed Services of the House of Representatives.

(B)

added The Committee on Armed Services of the Senate.

(C)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(D)

added The Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Codes.

Sec. 780 Limitation on realignment or reduction of military medical manning end strength: certification requirement and other reforms

added

(a)

added Limitation—

(1)

added In general— 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), the Secretary of Defense and the Secretaries concerned may not realign or reduce military medical end strength authorizations during the period described in paragraph (2), and after such period, may not realign or reduce such authorizations unless—

(A)

added the report is submitted under subsection (b); and

(B)

added the certification is submitted under subsection (c).

(2)

added Covered period— The period described in this paragraph is a period of at least three years that begins on the date of the enactment of this Act.

(b)

added 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 military medical manning requirements and submit to 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:

(1)

added The National Defense Strategy submitted under section 113(g) of title 10, United States Code.

(2)

added The National Military Strategy prepared under section 153(b) of such title.

(3)

added The campaign plans of the combatant commands.

(4)

added Theater strategies.

(5)

added 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).

(6)

added 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).

(7)

added The plan of the Department of Defense on global patient movement, as updated pursuant to paragraph (2) of such section.

(8)

added The biosurveillance program of the Department of Defense established pursuant to Department of Defense Directive 6420.02 (relating to biosurveillance).

(9)

added Requirements for graduate medical education.

(10)

added 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).

(11)

added 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.

(12)

added Such other reports as may be determined appropriate by the Secretary of Defense.

(c)

added 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:

(1)

added 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.

(2)

added A justification for any proposed increase, realignment, reduction, or other change to the specialty and 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 subsection (b).

(3)

added 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.

(4)

added A risk analysis associated with the potential realignment or reduction of any military medical end strength authorizations.

(5)

added An identification of any plans of the Department to backfill military medical personnel positions with civilian personnel.

(6)

added 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.

(7)

added A comprehensive plan to mitigate any risk identified pursuant to paragraph (4) or (6), including with respect to funding necessary for such mitigation across fiscal years.

(d)

added Interim briefings and final report—

(1)

added 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 how the Secretary plans to meet the report requirement under subsection (b) and the certification requirement under subsection (c).

(2)

added 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 such requirements.

(3)

added 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 required under subsection (b) and the certification required under subsection (c).

(e)

added Definitions— In this section:

(1)

added The term “medical personnel” has the meaning given such term in section 115a(e) of such title.

(2)

added 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. 781 Review and update of policy relating to command notification process and reduction of mental health stigma

added

(a)

added Review and update—

(1)

added In general— Not later than October 1, 2023, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall review and update the Department of Defense Instruction 6490.08, titled “Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members”, or any successor instruction.

(2)

added Elements— In carrying out the review and update of the instruction under paragraph (1), the Secretary shall ensure the updated version—

(A)

added provides health care providers with clear guidance on the process and timeline for making a required command notification;

(B)

added provides for the protection of the privacy of mental health information shared through such notification process, including by—

(i)

added restricting access to such information to personnel for whom such specific knowledge is necessary for the conduct of official duties;

(ii)

added requiring that military commanders, and any other personnel with access to such information, treat such information as any other health information, including with respect to applicable privacy laws; and

(iii)

added setting forth updated training requirements for military commanders on the treatment of such information; and

(C)

added directs military commanders to take steps to further reduce the stigma of mental health among members of the Armed Forces, including by promoting mental health care as equivalent to other types of health care.

(b)

added Report— Not later than April 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the progress made towards the completion of the review and update under subsection (a).

Sec. 801 Writing award to encourage curiosity and persistence in overcoming obstacles in acquisition

added

(a)

added In general— Chapter 87 of title 10, United States Code, is amended by inserting after section 1742 the following new section:

added “1743. Writing award to encourage curiosity and persistence in overcoming obstacles in the defense acquisition system

added “(a) Establishment—The President of the Defense Acquisition University shall establish an award to recognize members of the acquisition workforce 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).

added “(b) Submission required—A member of the acquisition workforce desiring an award under this section shall submit to the President such first-hand account.

added “(c) Amount of award—A recipient of an award under this section shall receive $10,000.

added “(d) Number of awards—The President of the Defense Acquisition University may make not more than five awards each year.

added “(e) Webpage—The President of the Defense Acquisition University shall establish and maintain a webpage to serve as a repository for submissions made under subsection (b). Such webpage shall allow for public comments and discussion.

added “(f) Contents of submission—The recipient of an award under this section shall demonstrate in the submission described under subsection (b)—

added “(1) 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

added “(2) the use of an iterative writing process, including evidence of—

added “(A) critical thinking;

added “(B) incorporation of feedback from diverse perspectives; and

added “(C) editing to achieve plain writing (as defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)).

added “(g) Funding—The Secretary of Defense shall use funds from the Defense Acquisition Workforce Development Account to carry out this section.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after section 1742 the following new item:

Sec. 802 Data requirements for commercial item pricing not based on adequate price competition

added

(a)

added Information required— Section 3455 of title 10, United States Code, is amended—

(1)

added in subsection (b)—

(A)

added by inserting “(1)” before “A subsystem”;

(B)

added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

(C)

added by adding at the end the following new paragraph:

added “(2) With respect to a subsystem for which a contracting officer made a determination under paragraph (1)(B) and for a subsystem proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that has not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall provide the following information:

added “(A) An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for assertion that the proposed subsystem is a commercial product.

added “(B) A comparison of the essential physical characteristics and functionality between the proposed subsystem and the comparable commercial product in support of such assertion.

added “(C) The national stock number (as defined in section 101-30.101-3 of title 41, Code of Federal Regulations (or a successor regulation)), if available, for the comparable commercial product and the proposed subsystem.”

(2)

added in subsection (c), by adding at the end the following new paragraph:

added “(3) With respect to components or spare parts proposed as commercial for which a contracting officer made a determination under paragraph (1)(B), the offeror shall provide the following information for components or spare parts proposed as commercial (as defined in section 103(1) of title 41, United States Code) and that have not previously been determined commercial in accordance with section 3703(d) of this title:

added “(A) An identification of a comparable commercial product that is customarily used by the general public or nongovernmental entities that serves as the basis for the assertion that the proposed components or spare parts are commercial products.

added “(B) A comparison of the essential physical characteristics and functionality between the proposed components or spare parts and the comparable commercial product in support of such assertion.

added “(C) The national stock number (as defined in section 101-30.101-3 of title 41, Code of Federal Regulations (or a successor regulation)), if available, for the comparable commercial product and the proposed components or spare parts.”

(b)

added Modifications to information submitted— Section 3455(d) is amended—

(1)

added in the subsection heading, by inserting “for certain procurements” after “submitted”;

(2)

added in paragraph (1)—

(A)

added in the matter preceding subparagraph (A), by striking “section,” and all that follows through “to submit” and inserting “section that are not subject to the exceptions in section 3703(a)(1) of this title, the offeror shall be required to submit to or to provide access to the contracting officer, on an unredacted basis”;

(B)

added in subparagraph (A)—

(i)

added by inserting “all” before “prices paid”; and

(ii)

added by inserting “, and the contents of such terms and conditions” after “commercial customers”;

(C)

added in subparagraph (B)—

(i)

added by striking “information on” and all that follows through “same or similar” and inserting “information on prices for the same or similar”;

(ii)

added by striking “conditions;” and inserting “conditions, and the contents of such terms and conditions; and”; and

(iii)

added by striking clauses (ii), (iii), and (iv).

(D)

added in subparagraph (C)—

(i)

added by striking “reasonableness of price,” and inserting the following: “reasonableness of price because the comparable 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 prices paid, the offeror shall be required to provide”; and

(ii)

added by inserting before the period at the end the following: “, where a request for cost data shall be approved at a level above the contracting officer”.

Sec. 803 Preference for domestic foods for military working dogs

added

(a)

added In general— Chapter 287 of title 10, United States Code, is amended by adding at the end the following new section:

added “3906. Preference for domestic foods for military working dogs

added “With respect to the acquisition of food for military working dogs by the Defense Logistics Agency, the Director of the Defense Logistic Agency shall give a preference for the acquisition of food that is manufactured or produced—

added “(1) in the United States;

added “(2) by an entity that is based in the United States; and

added “(3) using only ingredients and materials that were grown, mined, manufactured, or produced in the United States.”

(b)

added Clerical amendment— The table of chapters for chapter 287 of title 10, United States Code, is amended by adding at the end the following new item:

Sec. 804 Life cycle management and product support

added

added Section 4324(b) of title 10, United States Code, is amended—

(1)

added by designating the matter preceding subparagraph (A), as so redesignated, as paragraph (1);

(2)

added by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G), and (I), respectively;

(3)

added in paragraph (1), as so designated—

(A)

added in the matter preceding subparagraph (A), as so redesignated—

(i)

added by inserting “In general.—” before “Before granting” ; and

(ii)

added by inserting after “approved life cycle sustainment plan” the following: “approved by all covered individuals for such covered system”;

(B)

added by amending subparagraph (G), as so redesignated, to read as follows:

added “(G) an intellectual property management plan for product support, including access to technical data and computer software, as well as contract delivery requirements for the data rights;”

(C)

added by inserting after subparagraph (G), as so redesignated, the following new subparagraph:

added “(H) an estimate of the number of personnel needed to operate and maintain the covered system;”

(D)

added in subparagraph (I), as so redesignated, by striking the period at the end and inserting “; and” at the end; and

(E)

added by inserting after subparagraph (I), as so redesignated, the following new subparagraph:

added “(J) a product support business case analysis that—

added “(i) addresses—

added “(I) the costs, benefits, and risks to sustainment associated with the performance goals;

added “(II) the engineering and design considerations;

added “(III) intellectual property, including access to technical data and computer software; and

added “(IV) the number of personnel needed to operate and maintain the covered system; and

added “(ii) explicitly addresses—

added “(I) the tradeoffs made between the factors described in clause (i); and

added “(II) the associated implications of such tradeoffs for—

added “(aa) design, development, production, and operating and support costs;

added “(bb) operational and materiel availability;

added “(cc) the mix of active and reserve components of the military, Government civilian employee, host nation support, and contractor personnel to operate and maintain the covered system; and

added “(dd) the ability of the Government to retain core logistics capability identified under section 2464 and comply with the requirements under section 2466.”

(4)

added by adding at the end the following new paragraphs:

added “(2) Subsequent phases—Before granting approval for entry of the covered system into each subsequent phase of the acquisition after the phase described in section 4172(e)(7), the milestone decision authority shall ensure that the life cycle sustainment plan described in paragraph (1) for such covered system has been updated and again approved by all covered individuals for such covered system.

added “(3) Covered individuals defined—In this subsection, the term “covered individuals” means—

added “(A) a product support manager described in subsection (c);

added “(B) a program manager (as defined in section 1737(a));

added “(C) a program executive officer (as defined in section 1737(a)); and

added “(D) an appropriate materiel, logistics, or fleet representative.”

Sec. 805 Extension of requirement to submit Selected Acquisition Reports

added

(a)

added Repeal of termination— Section 4351 of title 10, United States Code, is amended by striking subsection (j).

(b)

added Repeal of termination of certain additional reports— Section 1051(x) of the National Defense Authorization Act for Fiscal Year 2018 is amended by striking paragraph (4).

Sec. 806 Amendments to contractor employee protections from reprisal for disclosure of certain information

added

(a)

added Defense contracts—

(1)

added Addition of grantees, subgrantees, and personal services contractors— Section 4701 of title 10, United States Code, is amended—

(A)

added in subsection (a), in paragraphs (2)(G) and (3)(A), by striking “or subcontractor” and inserting “, subcontractor, grantee, subgrantee, or personal services contractor”;

(B)

added in subsection (a)(2), by adding at the end the following new subparagraphs:

added “(H) The Pandemic Response Accountability Committee (established under section 15010 of title V of division B of the CARES Act (Public Law 116–136)).

added “(I) The Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.”

(C)

added in subsection (b)—

(i)

added in paragraph (1)—

(I)

added by striking “contractor concerned” and inserting “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned”;

(II)

added by inserting before the period at the end of the first sentence the following: “, or to the Special Inspector General for Pandemic Recovery or the Chair of the Pandemic Response Accountability Committee”;

(III)

added by striking “Inspector General determines” and inserting “Inspector General, Special Inspector General, or Chair (as applicable) determines”; and

(IV)

added by striking “Inspector General shall” and inserting “Inspector General, Special Inspector General, or Chair (as applicable) shall”;

(ii)

added in paragraph (2), by striking “Inspector General” each place it appears and inserting “Inspector General, Special Inspector General, or Chair (as applicable)”; and

(iii)

added in paragraph (3), by striking “Inspector General” each place it appears and inserting “Inspector General, Special Inspector General, or Chair (as applicable)”;

(D)

added in subsection (c)—

(i)

added in the matter preceding subparagraph (A) of paragraph (1), by striking “contractor concerned” and inserting “contractor, subcontractor, grantee, subgrantee, or personal services contractor concerned”; and

(ii)

added in paragraph (1), by inserting after “Order the contractor” each place it appears the following: “, subcontractor, grantee, subgrantee, or personal services contractor”;

(iii)

added in paragraph (2), by inserting after “contractor” the following: “, subcontractor, grantee, subgrantee, or personal services contractor”;

(E)

added in subsection (d), by striking “and subcontractors” and inserting “, subcontractors, grantees, subgrantees, and personal services contractors”; and

(F)

added in subsection (e)(2)—

(i)

added in the matter preceding subparagraph (A), by striking “or grantee of” and inserting “grantee, subgrantee, or personal services contractor of”; and

(ii)

added in subparagraph (B), by striking “or grantee” and inserting “grantee, or subgrantee”.

(2)

added Additional amendments— Such section is further amended in subsection (c)(1) by adding at the end the following new subparagraph:

added “(D) Consider disciplinary or corrective action against any Department or Administration official, if appropriate.”

(b)

added Civilian agency contracts—

(1)

added In general— Section 4712 of title 41, United States Code, is amended—

(A)

added in subsection (a)(2)(G), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”;

(B)

added in subsection (a)(2), by adding at the end the following new subparagraphs:

added “(H) The Pandemic Response Accountability Committee (established under section 15010 of title V of division B of the CARES Act (Public Law 116–136)).

added “(I) The Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency.”

(C)

added in subsection (b)(1), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”;

(D)

added in subsection (c)—

(i)

added in paragraph (1)—

(I)

added by striking “or subgrantee” each place it appears and inserting “subgrantee, or personal services contractor”; and

(II)

added by adding at the end the following new subparagraph:

added “(D) Consider disciplinary or corrective action against any executive branch official, if appropriate.”

(ii)

added in paragraph (2), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”;

(E)

added in subsection (d), by striking “and subgrantees” and inserting “subgrantees, and personal services contractors”;

(F)

added in subsection (f)(2)—

(i)

added in the matter preceding subparagraph (A), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”; and

(ii)

added in subparagraph (B), by striking “or subgrantee” and inserting “subgrantee, or personal services contractor”; and

(G)

added by amending subsection (g)(2) to read as follows:

added “(2) The term Inspector General means any Inspector General established by Federal law, including—

added “(A) an Inspector General appointed under the Inspector General Act of 1978 (5 U.S.C. App.);

added “(B) the Special Inspector General for Pandemic Recovery;

added “(C) the Special Inspector General for Afghanistan Reconstruction;

added “(D) the Special Inspector General for the Troubled Asset Relief Program; and

added “(E) any Inspector General that receives funding from, or has oversight over contracts awarded for or on behalf of, the executive agency concerned.”

(2)

added Additional amendments—

(A)

added In general— Section 4705 of title 41, United States Code, is repealed.

(B)

added Conforming amendments—

(i)

added Title 38— Subchapter II of chapter 7 of title 38, United States Code, is amended—

(I)

added in section 731(c)(4)—

(aa)

added by striking “section 4705(b) or”; and

(bb)

added by striking “, as the case may be”; and

(II)

added in section 733(a)(5), by striking “section 4705 or”.

(ii)

added Title 49— Section 40110(d)(2)(C) of title 49, United States Code, is amended by inserting “, as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2022,” before “shall apply”.

Sec. 807 Enhanced domestic content requirement for major defense acquisition programs

added

(a)

added Assessment required—

(1)

added 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 assessing the domestic source content of procurements carried out in connection with a major defense acquisition program.

(2)

added Information repository— The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content for products the Secretary deems critical, where such information can be used for continuous data analysis and program management activities.

(b)

added Enhanced domestic content requirement—

(1)

added In general— Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies—

(A)

added supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured;

(B)

added supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; and

(C)

added supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies.

(2)

added Exclusion for certain manufactured articles— Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel.

(3)

added Rulemaking to create a fallback threshold—

(A)

added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if—

(i)

added the application paragraph (1) results in an unreasonable cost; or

(ii)

added no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.

(B)

added Termination— Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4)

added Applicability— The requirements of this subsection—

(A)

added shall apply to contracts entered into on or after the date of the enactment of this Act; and

(B)

added shall not apply to a country that is a member of the national technology and industrial base (as defined by section 4801 of title 10, United States Code).

(c)

added Major defense acquisition program defined— The term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code.

Sec. 808 Mission-Based Rapid Acquisition Account

added

(a)

added Establishment— There is established in the Department of Defense an account to be known as the “Mission-Based Rapid Acquisition Account” (in this section referred to as the “Account”) to support the pilot program.

(b)

added Use of funds— The Deputy Secretary of Defense may use the funds in the Account to carry out the pilot program.

(c)

added Semiannual briefing— The Deputy Secretary of Defense shall include in each briefing submitted under subsection (f)(1)(A) of section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1855; 10 U.S.C. 191 note) after the date of the enactment of this Act a briefing on the use of funds in the Account, including—

(1)

added how the Deputy Secretary of Defense has used such funds to incent new small businesses to enter transactions for prototype projects with the Department;

(2)

added support the rapid transition of the solutions described in subsection (c)(2)(B) of such section 871 to warfighters; and

(3)

added whether additional funding flexibility is needed to scale technologies.

(d)

added Pilot program defined— In this section, the term “pilot program” means the pilot program established under section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1855; 10 U.S.C. 191 note).

Sec. 811 Membership of Coast Guard on Strategic Materials Protection Board

added

added Section 187(a)(2) of title 10, United States Code, is amended by adding at the end the following:

added “(F) A senior official of the Coast Guard, as designated by the Secretary of the agency or department in which the Coast Guard operates, only with respect to matters of the Board relating to the Coast Guard.”

Sec. 812 Comptroller General assessment of acquisition programs and efforts

added

added Section 3072 of title 10, United States Code, is amended—

(1)

added in the section heading, by striking “initiatives” and inserting “efforts”;

(2)

added in subsection (a)—

(A)

added by striking “initiatives” and inserting “efforts”; and

(B)

added by striking “2023” and inserting “2026”;

(3)

added in subsection (b), by striking “initiatives” each place it appears and inserting “efforts”; and

(4)

added in subsection (c)—

(A)

added in the subsection heading, by striking “initiatives” and inserting “efforts”; and

(B)

added by striking “initiatives” each place it appears and inserting “efforts”.

Sec. 813 Subcontracting requirements for certain contracts awarded to educational institutions

added

(a)

added In general— Section 3204 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(h) Subcontracting requirements for contracts awarded to educational institutions

added “(1) In general—The head of an agency shall require that a contract awarded to an educational institution pursuant to subsection (a)(3)(B) includes a requirement that the educational institution subcontract with one or more minority institutions for a total amount of not less than 2 percent of the amount awarded in the contract.

added “(2) Minority institution—In this subsection, the term “minority institution” means—

added “(A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))); or

added “(B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) for which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”

(b)

added Effective date— The amendments made by subsection (a) shall—

(1)

added take effect on October 1, 2026; and

(2)

added apply with respect to contracts awarded by the Secretary of Defense on or after such date.

Sec. 814 Clarification to fixed-price incentive contract references

added

(a)

added 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)

added 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 to indemnification authority for research and development contracts

added

(a)

added In general— Section 3861 of title 10, United States Code, is amended—

(1)

added in subsection (a), by striking “Secretary of the military department concerned” and inserting “Secretary of Defense”;

(2)

added in subsection (c), by striking “Secretary” and all that follows through “by him,” and inserting “Secretary of Defense”; and

(3)

added in subsection (d), by striking “Secretary concerned” and inserting “Secretary of Defense”.

(b)

added Conforming amendment— Section 1684 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2123) is amended by inserting “or the Secretary of Defense, as applicable,” after “Secretary concerned”.

(c)

added Applicability— This section and the amendments made by this section shall apply to contracts entered into on or after the date of the enactment of this Act.

Sec. 816 Competition requirements for purchases from Federal Prison Industries

added

(a)

added Competition requirements for purchases from Federal Prison Industries— Section 3905 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new sections:

added “(a) Market research—Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog published under section 4124(d) of title 18, the Secretary of Defense shall conduct market research to determine whether such product—

added “(1) is comparable to products available from the private sector; and

added “(2) best meets the needs of the Department of Defense in terms of price, quality, and time of delivery.

added “(b) Competition requirement—If the Secretary determines that a Federal Prison Industries product is not comparable to products available from the private sector and does not best meet the needs of the Department of Defense in terms of price, quality, or time of delivery, the Secretary shall use competitive procedures or make an individual purchase under a multiple award contract for the procurement of the product. In conducting such a competition or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries.”

(b)

added Effective date— The amendment made by subsection (a) shall take effect on February 1, 2023.

Sec. 817 Clarification of authority of the Department of Defense to carry out certain prototype projects

added

added Subsection (f) of section 4022 of title 10, United States Code, is amended to read as follows:

added “(f) Follow-on production contracts or transactions

added “(1) A transaction entered into under this section for a prototype project shall provide for the award of a follow-on production contract or transaction to the participants in the transaction. A transaction includes all individual prototype subprojects awarded under the transaction to a consortium of United States industry and academic institutions.

added “(2) A follow-on production contract or transaction provided for in a transaction under paragraph (1) may be awarded to the participants in the transaction without the use of competitive procedures, notwithstanding the requirements of chapter 221 of this title and even if explicit notification was not listed within the request for proposal for the transaction if—

added “(A) competitive procedures were used for the selection of parties for participation in the transaction; and

added “(B) the participants in the transaction successfully completed the prototype project provided for in the transaction.”

Sec. 818 Requirements for the procurement of certain components for certain naval vessels and auxiliary ships

added

(a)

added Requirements for the procurement of certain components for naval vessels— Section 4864(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

added “(G) Ship shafts and propulsion system components (including reduction gears and propellers).”

(b)

added Requirement that certain auxiliary ship components be manufactured in the national technology and industrial base—

(1)

added 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)

added Components for auxiliary ships— Paragraph (3) of section 4864(a) of title 10, United States Code, is amended to read as follows:

added “(3) Components for auxiliary ships—Subject to subsection (k), the following components:

added “(A) Large medium-speed diesel engines.

added “(B) Propulsion system components, including reduction gears and propellers.”

(3)

added Implementation— Subsection (k) of section 4864 of title 10, United States Code, as redesignated by paragraph (1), is amended to read as follows:

added “(k) Implementation of auxiliary ship component limitation—Subsection (a)(3) shall apply only with respect to contracts awarded by a Secretary of a military department for construction of a new class of auxiliary ship after the date of the enactment of this Act using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy.”

Sec. 819 Modification to prohibition on operation or procurement of foreign-made unmanned aircraft systems

added

added 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)

added by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;

(2)

added by inserting after subsection (a) the following new subsection:

added “(b) Prohibition on certain contracts—The Secretary of Defense may not—

added “(1) procure or obtain, or extend or renew a contract to procure or obtain any equipment, system, or service that uses any equipment or service related to unmanned aircraft systems provided by a covered unmanned aircraft system company; or

added “(2) enter into a contract (or extend or renew a contract) with an entity that uses any equipment, system, or services provided by a covered unmanned aircraft system company.”

(3)

added in subsection (c) (as so redesignated), by striking “the restriction under subsection (a) if the operation or procurement” and inserting “any restrictions under subsections (a) or (b) if the operation, procurement, or obtainment”;

(4)

added in subsection (d) (as so redesignated)—

(A)

added by striking “the restriction under subsection (a)” and inserting “any restrictions under subsections (a) or (b)”; and

(B)

added by striking “operation or procurement” and inserting “operation, procurement, or obtainment”; and

(5)

added in subsection (e) (as so redesignated), by inserting the following new paragraph (3):

added “(3) Covered unmanned aircraft system companies—The term “covered unmanned aircraft system companies” means any of the following:

added “(A) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations).

added “(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.

added “(C) Any entity that produces or provides unmanned aircraft systems and—

added “(i) is domiciled in a covered foreign country; or

added “(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).”

Sec. 820 Extension of pilot program to accelerate contracting and pricing processes

added

added Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

added in subsection (a)(2), by striking “of” before “chapter 271”; and

(2)

added in subsection (c), by striking “January 2, 2023” and inserting “January 2, 2024”.

Sec. 821 Extension and modification of Never Contract with the Enemy

added

added 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)

added in section 841—

(A)

added in subsection (i)(1)—

(i)

added in the matter preceding subparagraph (A), by striking “2016, 2017, and 2018” and inserting “2023, and annually thereafter”; and

(ii)

added by adding at the end the following new subparagraphs:

added “(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.

added “(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.”

(B)

added in subsection (n), by striking “December 31, 2023” and inserting “December 31, 2025”; and

(2)

added in section 842(b)(1), by striking “2016, 2017, and 2018” and inserting “2023, 2024, and 2025”.

Sec. 831 Key experiences and enhanced pay authority for acquisition workforce excellence

added

(a)

added Participation in the public-private talent exchange program—

(1)

added In general— Section 1701a(b) of title 10, United States Code, is amended—

(A)

added in paragraph (9)(C), by striking “and” at the end;

(B)

added in paragraph (10), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following new paragraph:

added “(11) ensure participation in the public-private talent exchange program established under section 1599g of this title—

added “(A) for a total of 100 members of the acquisition workforce in fiscal year 2024;

added “(B) for a total of 500 such members in fiscal year 2025; and

added “(C) for a total of 1,000 such members in fiscal year 2026 and each fiscal year thereafter.”

(2)

added 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)

added 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:

added “(2) Number of positions—The authority in subsection (a) may not be used at any one time with respect to—

added “(A) more than five positions, in total, in Department of Defense Field Activities and Defense Agencies;

added “(B) more than five positions in the Office of the Secretary of Defense; and

added “(C) more than five positions in each military department.”

(c)

added Report requirements—

(1)

added 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:

added “(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.”

(2)

added Report on acquisition workforce educational partnerships— Section 1746a(e) of title 10, United States Code, is amended by striking “and the congressional defense committees” and inserting “, the congressional defense committees, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate”.

Sec. 832 Defense Acquisition University reforms

added

(a)

added In general— Section 1746 of title 10, United States Code, is amended—

(1)

added in subsection (b)—

(A)

added by amending paragraph (2) to read as follows:

added “(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)

added by striking paragraph (3); and

(C)

added by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

(2)

added in subsection (c), by striking “commercial training providers” and inserting “extramural institutions (as defined in section 1746a(g) of this title)”; and

(3)

added by adding at the end the following new subsection:

added “(e) President appointment

added “(1) The Under Secretary of Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University.

added “(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, consider only highly qualified candidates who have—

added “(A) demonstrated leadership abilities;

added “(B) experience using leading practices to develop talent in the private sector; and

added “(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.

added “(3) The term of the President of the Defense Acquisition University shall be not more than five years. The preceding sentence does not apply to the President of the Defense Acquisition University serving on January 1, 2022.”

(b)

added 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

added

added Section 2200g of title 10, United States Code, is amended—

(1)

added 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)

added by designating the text of such section, as amended by paragraph (1), as subsection (a); and

(3)

added by adding at the end the following new subsections:

added “(b) Purpose—The purpose of the Defense Civilian Training Corps is to target critical skills gaps necessary to achieve the objectives of each national defense strategy required by section 113(g) of this title and each national security strategy 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.

added “(c) Use of resources and programs—The Under Secretary of Defense for Acquisition and Sustainment shall use 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.

added “(d) Consultation—In planning and implementing the Defense Civilian Training Corps program, the Under Secretary of Defense for Acquisition and Sustainment shall consult with the following:

added “(1) The Under Secretary of Defense for Research and Engineering, including the Director of the Defense Innovation Unit and the Strategic Engagements Director of the National Security Innovation Network.

added “(2) The Chief Digital and Artificial Intelligence Officer (as established by the memorandum of the Deputy Secretary of Defense titled “Establishment of the Chief Digital and Artificial Intelligence Officer” issued on December 8, 2021).

added “(3) The Chief Information Officer of the Department of Defense.

added “(4) The Under Secretary of Defense for Personnel and Readiness.

added “(5) The Secretaries of the military departments.

added “(6) The Superintendents of the Service Academies (as defined in section 347 of this title).

added “(7) The Commanding General, U.S. Army Cadet Command.

added “(8) The Commander, Jeanne M. Holm Center for Officer Accessions and Citizen Development.

added “(9) The Commander, Naval Service Training Command.”

Sec. 834 Repeal of certain provisions relating to acquisition workforce incentives

added

(a)

added Exchange Program for Acquisition Workforce Employees— Section 884 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1915; 10 U.S.C. 1701 note) is repealed.

(b)

added Pilot Program on Temporary Exchange of Financial Management and Acquisition Personnel— Section 1110 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is repealed.

(c)

added Flexibility in Contracting Award Program— 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. 835 Acquisition workforce incentives relating to training on and agreements with certain software businesses

added

(a)

added Training—

(1)

added Curricula— Not later than one year after the date of the enactment of this Act, the head of the Acquisition Innovation Research Center shall develop one or more curricula for members of the acquisition workforce on financing and operations of start-up businesses, with a focus on covered start-up businesses.

(2)

added Elements— Courses under curricula developed under paragraph (1) shall be offered with varying course lengths and level of study.

(3)

added Incentives— The Secretary of Defense shall develop a program to offer incentives to a member of the acquisition workforce that completes a curriculum developed under paragraph (1).

(4)

added Additional training materials— In developing curricula required under paragraph (1), the head of the Acquisition Innovation Research Center shall consider and incorporate appropriate training materials from curricula in business, law, or public policy.

(b)

added Exchanges—

(1)

added 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 one or more members of the acquisition workforce to a covered start-up business, or from a covered start-up business to an office of the Department of Defense.

(2)

added Priority— The Secretary shall prioritize for participation in the pilot program established under this subsection members of the acquisition workforce who have completed a curricula required under paragraph (1).

(3)

added 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)

added Conferences—

(1)

added In general— The Secretary of Defense shall organize a conference, to take place not less frequently than biannually, to facilitate discussion between participants listed in subsection (b) on the following:

(A)

added Best practices relating to acquisition of software.

(B)

added Methods of effective collaboration between such participants.

(2)

added Participants— Participants in a conference organized under paragraph (1) may include the following:

(A)

added Members of the acquisition workforce.

(B)

added Employees of and investors in covered start-up businesses.

(d)

added Pilot program—

(1)

added 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 unique approaches to negotiating and establishing software data rights in agreements for the procurement of software.

(2)

added Authority— To the maximum extent practicable, the Secretary shall—

(A)

added ensure that a member of the acquisition workforce who has completed a curricula required under subsection (a) is able to exercise authority to apply an approach described in paragraph (1); and

(B)

added provide incentives to such member to exercise such authority.

(3)

added Elements— An agreement described in paragraph (1) shall include the following:

(A)

added Flexible requirements relating to the acquisition or licensing of intellectual property based on the software to be acquired under the agreement.

(B)

added An identification and definition of the technical interoperability standards required for such software.

(C)

added Flexible mechanisms for delivery of code for such software, where each such mechanism includes documentation of the costs and benefits of such mechanism.

(4)

added Parameters— The United States shall seek to avoid asserting unlimited rights or government purpose rights to software acquired under an agreement entered into pursuant to the pilot program established under this section.

(5)

added 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)

added Definitions— In this section:

(1)

added 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)

added The term acquisition workforce has the meaning given in section 101 of title 10, United States Code.

(3)

added The term covered start-up businesses means a start-up business that is a party to, or is seeking to enter into, an agreement with the Department of Defense, the products and services of which include software as a substantial component of the offer for such agreement.

(4)

added The term start-up business means a business that is not publicly traded and that has not been acquired by a prime contractor.

Sec. 841 Prizes for advanced technology achievements

added

added Section 4025 of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by striking “that have” and inserting “that—”

added “(1) have”

(B)

added by striking “Defense.” and inserting “Defense; or”; and

(C)

added by adding at the end the following new paragraph:

added “(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)

added in subsection (b), by striking “of research results, technology developments, and prototypes”;

(3)

added in subsection (d), by striking “to acquire, support, or stimulate basic, advanced and applied research, technology development, or prototype projects”;

(4)

added in subsection (f), by striking “section 2304” and inserting “chapter 221”; and

(5)

added in subsection (g)(2)—

(A)

added by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; and

(B)

added by inserting after subparagraph (A) the following new subparagraphs:

added “(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;

added “(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. 842 Congressional notification for pilot program to accelerate the procurement and fielding of innovative technologies

added

added 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)

added by redesignating subsection (f) as subsection (g); and

(2)

added by inserting after subsection (e) the following new subsection:

added “(f) Congressional notification—The Secretary of Defense shall notify 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. 843 Curricula on software acquisitions and cybersecurity software or hardware acquisitions for covered individuals

added

(a)

added Curricula— The President of the Defense Acquisition University, shall develop 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)

added Elements— Curricula developed pursuant to subsection (a) shall provide information on—

(1)

added cybersecurity, information technology systems, computer networks, cloud computing, artificial intelligence, machine learning, and quantum technologies;

(2)

added cybersecurity threats and capabilities;

(3)

added operational efforts of United States Cyber Command to combat cyber threats;

(4)

added mission requirements and current capabilites and systems of United States Cyber Command;

(5)

added 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

(6)

added the industry best practices relating to software acquisitions and cybersecurity software or hardware acquisitions.

(c)

added 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). Such plan shall include a list of resources required for and costs associated with such implementation, including—

(1)

added curriculum development;

(2)

added hiring instructors to teach the curriculum;

(3)

added facilities; or

(4)

added website development.

(d)

added Implementation— Not later than one year after the date on which the plan described in subsection (d) is submitted to Congress, the President of the Defense Acquisition University shall offer the curricula developed under subsection (a) to covered individuals.

(e)

added Report— Not later than one year after the date on which the plan described in subsection (d) is submitted to Congress, 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)

added Covered individuals defined— In this section, the term covered individuals means—

(1)

added a contracting officer of the Department of Defense with responsibilities are related to software acquisitions or cybersecurity software or hardware acquisitions; or

(2)

added a 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. 844 Report on covered software development

added

(a)

added Report— Not later than one year after the date of the enactment of this Act, and annually thereafter through 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)

added 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)

added 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)

added For each such covered software being developed using iterative development, the frequency with which capabilities of such covered software were delivered, disaggregated as follows:

(A)

added Covered software for which capabilities were delivered during period of less than three months.

(B)

added Covered software for which capabilities were delivered during period of more than three months and less than six months.

(C)

added Covered software for which capabilities were delivered during period of more than six months and less than nine months.

(D)

added Covered software for which capabilities were delivered during period of more than nine months and less than 12 months.

(4)

added With respect to covered software described in paragraph (2) 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)

added Definitions— In this section:

(1)

added The term “Chief Digital and Artificial Intelligence Officer” means—

(A)

added 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)

added 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)

added The term covered software means software that is being developed that—

(A)

added 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);

(B)

added is a covered defense business system, as defined in section 2222(i) of title 10, United States Code;

(C)

added is a major defense acquisition program, as defined in section 4201 of such title; or

(D)

added is a major system, as defined in section 3041 of such title.

(3)

added 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 115–91; 131 Stat. 1509; 10 U.S.C. 1746 note).

Sec. 851 Recognition of an association of eligible entities that provide procurement technical assistance

added

(a)

added Regulations— Section 4953 of title 10, United States Code, is amended by inserting “, and shall consult with an association recognized under section 4954(f) regarding any revisions to such regulations” before the period at the end.

(b)

added Cooperative agreements— Section 4954 of title 10, United States Code, is amended by adding at the end the following new subsections:

added “(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—

added “(1) recognize the existence and activities of such an association; and

added “(2) jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.”

(c)

added Funding— Section 4955(a)(1) of title 10, United States Code, is amended by striking “$1,000,000” and inserting “$1,500,000”.

(d)

added Administrative and other logistical costs— Section 4961 of title 10, United States Code, is amended—

(1)

added in the matter preceding paragraph (1), by striking “Director of the Defense Logistics Agency” and inserting “Secretary”;

(2)

added in paragraph (1), by striking “three” and inserting “four”; and

(3)

added in paragraph (2)—

(A)

added in the matter preceding subparagraph (A)—

(i)

added by striking “Director” and inserting “Secretary”; and

(ii)

added by striking “entities —” and inserting “entities—”; and

(B)

added in subparagraph (A), by inserting “, including meetings of an association recognized under section 4954(f),” after “meetings”.

Sec. 852 Update to plan on reduction of reliance on services, supplies, or materials from covered countries

added

added Section 847 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1843; 10 U.S.C. 4811 note) is amended—

(1)

added in subsection (b), by adding at the end the following:

added “(1) identify the services, supplies, or materials described in subsection (a) that are necessary to meet critical defense requirements in the event of a crisis or conflict;

added “(2) assess the priority of such services, supplies, and materials; and

added “(3) provide options for reducing the reliance of the United States on services, supplies, or materials obtained from sources located in geographic areas controlled by covered countries.”

(2)

added by redesignating subsection (c) as subsection (e); and

(3)

added by inserting after subsection (b) the following new subsections:

added “(c) Biennial review

added “(1) In general—Not later than two years after the date on which the Secretary of Defense submits the report under subsection (b), and every two years thereafter, the Secretary shall review and update the plan required under subsection (a) to ensure that the plan continues to accomplish the goals described in such subsection.

added “(2) Report

added “(A) In general—Not later than 90 days after the Secretary of Defense completes a review under paragraph (1), the Secretary shall submit to the congressional defense committees a report on such review, including—

added “(i) a description of the steps taken to implement the plan required under subsection (a);

added “(ii) a description of, and explanation for, any updates made to such plan under paragraph (1); and

added “(iii) an updated assessment of the priority of the services, supplies, or materials described in subsection (a) that are necessary to meet critical defense requirements in the event of a crisis or conflict.

added “(B) Sunset—This paragraph shall terminate on the date that is six years after the date on which the Secretary submits the first report required under subparagraph (A).

added “(d) Report form—The reports required under subsection (b) and (c)(2) shall be submitted in an unclassified form, but may contain a classified annex.”

Sec. 853 Modification to prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region

added

added Section 848(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4651 note prec.; 135 Stat. 1843) is amended by striking “for fiscal year 2022”.

Sec. 854 Codification of the Department of Defense Mentor–Protege Program

added

(a)

added In general— Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.) is transferred to subchapter I of chapter 387 of title 10, United States Code, inserted after section 4901, and redesignated as section 4902.

(b)

added Amendments— Section 4902 of title 10, United States Code, as so transferred and redesignated, is amended—

(1)

added in the heading, by striking “Mentor-Protege Pilot” and inserting “Department of Defense Mentor-Protege”;

(2)

added in subsections (a) and (c), by striking the term “pilot” each place it appears;

(3)

added in subsection (d)(1)(B)(iii)—

(A)

added in subclause (I), by striking “$100,000,000” and inserting “$25,000,000”; and

(B)

added in subclause (II), by striking “subsection (k)” and inserting “subsection (j)”;

(4)

added in subsection (e)(2), by striking “two years” each place it appears and inserting “three years”;

(5)

added in subsection (f)(1)(B), by inserting “manufacturing, test and evaluation,” after “inventory control,”;

(6)

added in subsection (g)(3)(C), by striking “subsection (k)” and inserting “subsection (j)”;

(7)

added by striking subsection (j);

(8)

added by redesignating subsections (k) through (n) as subsections (j) through (m), respectively;

(9)

added in subsection (j), as so redesignated—

(A)

added by striking the term “pilot” each place it appears;

(B)

added by striking “by which mentor firms” and inserting “by which the parties”; and

(C)

added by striking “The Secretary shall publish” and all that follows through “270 days after the date of the enactment of this Act.”;

(10)

added in subsection (l), as so redesignated, by striking “subsection (l)” and inserting “subsection (k)”;

(11)

added by amending subsection (m), as so redesignated, to read as follows:

added “(m) Transition report—Not later than July 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the amendments to the Mentor-Protege Program made in the National Defense Authorization Act for Fiscal Year 2023, including the efforts made to establish performance goals and outcome-based metrics and an evaluation of whether the Mentor-Protege Program is achieving such performance goals and outcome-based metrics.”

(12)

added by inserting after subsection (m), as so redesignated, the following new subsection:

added “(n) Protege technical reimbursement pilot program

added “(1) In general—Not later than July 1, 2023, the Director of the Office of Small Business Programs of the Department of Defense shall establish a pilot program under which a protege firm may receive up to 25 percent of the reimbursement for which the mentor firm of such protege firm is eligible under the Mentor-Protege Program for engineering, software development, or manufacturing customization that the protege firm must perform for a technology solution of the protege firm to be ready for integration with programs or systems of the Department of Defense.

added “(2) Termination—The pilot program established under paragraph (1) shall terminate on the date that is five years after the date on which the pilot program is established.”

(c)

added Clerical amendment— The table of sections for subchapter I of chapter 387 of title 10, United States Code, is amended by adding at the end the following new item:

(d)

added Conforming amendment—

(1)

added Buy Indian Act— Section 23(a)(2) of the Act of June 25, 1910 (commonly known as the “Buy Indian Act”) (36 Stat. 861, 25 U.S.C. 47(a)(2)) is amended by striking “section 831(c) of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101–510)” and inserting “section 4902(c) of title 10, United States Code”.

(2)

added Small Business Act— Section 8(d)(12) of the Small Business Act (15 U.S.C. 637(d)(12)) is amended—

(A)

added by striking “the pilot Mentor-Protege Program established pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2301 note)” and inserting “the Mentor-Protege Program established under section 4902 of title 10, United States Code,”; and

(B)

added by striking “subsection (g)” and inserting “subsection (f)”.

(e)

added Regulations— Not later than December 31, 2023, the Secretary of Defense shall issue regulations for carrying out section 4902 of title 10, United States Code, as amended by this section.

(f)

added Agreements under pilot program— The amendments made by this section shall not apply with respect to any agreement entered into under the program as established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1607) prior to the date of the enactment of this Act.

Sec. 855 Microloan program; definitions

added

added Paragraph (11) of section 7(m) of the Small Business Act (15 U.S.C. 636(m)(11)) is amended—

(1)

added in clause (ii) of subparagraph (C), by striking “rural” and all that follows to the end of the clause and inserting “rural;”;

(2)

added in subparagraph (D), by striking the period at the end and inserting “; and”; and

(3)

added by adding at the end the following new subparagraph:

added “(E) the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.”

Sec. 856 Small Business Innovation Program extension

added

added Section 9 of the Small Business Act (15 U.S.C. 638) is amended by striking “2022” each place it appears and inserting “2024”.

Sec. 857 Prohibition on covered airport contracts with certain entities

added

(a)

added In general— The Secretary of Defense may not award a contract for the procurement of infrastructure or equipment for a passenger boarding bridge at a covered airport to a covered contractor.

(b)

added Definitions— In this section:

(1)

added The term “covered airport” means a military airport designated by the Secretary of Transportation under section 47118(a) of title 49, United States Code.

(2)

added The term “covered contractor” means a contractor of the Department of Defense—

(A)

added that—

(i)

added is owned, directed, or subsidized by the People’s Republic of China; and

(ii)

added has been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; and

(B)

added that—

(i)

added owns or controls, is owned or controlled by, is under common ownership or control with, or is a successor to an entity described in subparagraph (A); or

(ii)

added has entered into an agreement, partnership, or other contractual arrangement with such an entity; or

(iii)

added has accepted funding (regardless of whether such funding is in the form of minority investment interest or debt) from such an entity.

Sec. 858 Risk management for Department of Defense supply chains

added

(a)

added Risk management for all Department of Defense supply chains— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—

(1)

added develop and issue implementing guidance for risk management for Department of Defense supply chains for materiel for the Department, including pharmaceuticals;

(2)

added identify, in coordination with the Commissioner of Food and Drugs, supply chain information gaps regarding reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and

(3)

added submit to Congress a report regarding—

(A)

added existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high-risk foreign suppliers of drugs;

(B)

added vulnerabilities in the drug supply chains of the Department of Defense; and

(C)

added any recommendations to address—

(i)

added information gaps identified under paragraph (2); and

(ii)

added any risks related to such reliance on foreign suppliers.

(b)

added Risk management for Department of Defense pharmaceutical supply chain— The Director of the Defense Health Agency shall—

(1)

added not later than one year after the issuance of the guidance required by subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and

(2)

added establish a working group—

(A)

added to assess risks to the pharmaceutical supply chain;

(B)

added to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and

(C)

added to establish policies for allocating scarce pharmaceutical resources in case of a supply disruption.

(c)

added Responsiveness testing of Defense Logistics Agency pharmaceutical contracts— The Director of the Defense Logistics Agency shall modify Defense Logistics Agency Instructions 5025.03 and 3110.01—

(1)

added to require Defense Logistics Agency Troop Support to coordinate annually with customers in the military departments to conduct responsiveness testing of the Defense Logistics Agency’s contingency contracts for pharmaceuticals; and

(2)

added to include the results of that testing, as reported by customers in the military departments, in the annual reports of the Warstopper Program.

Sec. 861 Technical correction to effective date of the transfer of certain title 10 acquisition provisions

added

(a)

added In general— The amendments made by section 1701(e) and paragraphs (1) and (2) of section 802(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall be deemed to have taken effect immediately before the amendments made by section 1881 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4293).

(b)

added Treatment of section 4027 requirements— An individual or entity to which the requirements under section 4027 of title 10, United States Code, were applicable during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act pursuant to subsection (a) shall be deemed to have complied with such requirements during such period.

Sec. 862 Regulations on use of fixed-price type contracts for major defense acquisition programs

added

(a)

added 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 regulations issued pursuant to section 818 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2329) regarding the use of fixed-price type contracts for a major defense acquisition program.

(b)

added Elements— The revisions described in subsection (a) shall require the following:

(1)

added That the number of low-rate initial production lots associated with a major defense acquisition program may not be more than one if—

(A)

added 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)

added the scope of 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)

added The limitation in paragraph (1) may be waived on a case-by-case basis by the applicable service acquisition executive. This waiver authority may not be delegated below the level of service acquisition executive.

(c)

added Definitions— In this section:

(1)

added The term “low-rate initial production” has the meaning given under section 4231 of title 10, United States Code.

(2)

added The term “milestone decision authority” has the meaning given in section 4211 of title 10, United States Code.

(3)

added The term “major defense acquisition program” has the meaning given in section 4201 of title 10, United States Code.

(4)

added The term “Milestone B approval” has the meaning given in section 4172(e) of title 10, United States Code.

Sec. 863 Notification on retention rate policy

added

(a)

added Notice and wait— A determination of the Secretary of the Navy that a contract for non-nuclear surface ship repair and maintenance made to a private entity requires the Secretary of the Navy to retain more than 1 percent of the overall contract value may only be carried out after the end of a 30-day period beginning on the date on which the congressional defense committees receive the notification from the Secretary of the Navy under subsection (b).

(b)

added Contents— The notification described in subsection (a) shall include the following:

(1)

added A description of the rationale for making such determination.

(2)

added A description of the potential impact on the defense industrial base because of such determination.

(3)

added A description of how the Navy plans to use, to a greater extent, the flexibility on retention rates pursuant to chapter 277 of title 10, United States Code.

(c)

added Termination— This section and the requirements of this section shall terminate on the later of—

(1)

added the date on which the National Defense Authorization Act for Fiscal Year 2024 is enacted; or

(2)

added September 30, 2023.

Sec. 864 Security clearance bridge pilot program

added

(a)

added In general— The Secretary of Defense, in consultation with the Director of National Intelligence, shall conduct a pilot program to enable employees of innovative technology companies to begin work under contracts more quickly by allowing the Defense Counterintelligence and Security Agency to administer the personal security clearances of the employees of innovative technology companies while the Government completes the adjudication of the facility clearance application of the innovative technology company.

(b)

added Personal security clearance authority—

(1)

added In general— Under the pilot program, the Defense Counterintelligence and Security Agency may nominate and administer the personal security clearances of the employees of an innovative technology company while the Government completes the adjudication of the facility clearance application of the innovative technology company if the innovative technology company is a contractor of the Department of Defense under a contract the performance of which requires that the innovative technology company have access to classified information.

(2)

added Limitation— Under the pilot program, the Defense Counterintelligence and Security Agency may administer the personal security clearances of employees of not more than—

(A)

added 25 innovative technology companies in Fiscal Year 2023;

(B)

added 50 innovative technology companies in Fiscal Year 2024;

(C)

added 75 innovative technology companies in Fiscal Year 2025;

(D)

added 100 innovative technology companies in Fiscal Year 2026; and

(E)

added 125 innovative technology companies in Fiscal Year 2027.

(c)

added Clearance transfer—

(1)

added In general— Not later than 30 days after an innovative technology company is granted facility clearance, the Defense Counterintelligence and Security Agency shall transfer any personal clearances of employees of the innovative technology company held by the Defense Counterintelligence and Security Agency under the pilot program back to the innovative technology company.

(2)

added Denial of facility clearance— Not later than 10 days after an innovative technology company is denied facility clearance, the Defense Counterintelligence and Security Agency shall release any personal clearances of employees of the innovative technology company held by the Defense Counterintelligence and Security Agency under the pilot program.

(d)

added Report—

(1)

added In general— Not later than one year after the date of the enactment of this Act, and annually thereafter, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security shall jointly submit to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a report on the progress of the pilot program.

(2)

added Contents— Each report required under paragraph (1) shall include—

(A)

added an assessment of—

(i)

added the extent to which the authority under the pilot program has been used; and

(ii)

added the usefulness of such authority;

(B)

added the number of innovative technology companies for which the Defense Counterintelligence and Security Agency administered a personal security clearance of an employee under the pilot program;

(C)

added the number of programs of the Department of Defense affected by the pilot program;

(D)

added an analysis of the demand for additional innovative technology companies to participate in the pilot program, including who may have been excluded from the program due to the limitation in subsection (b)(2);

(E)

added the length of time required for the facility clearance adjudication of each innovative technology company for which the Defense Counterintelligence and Security Agency administered a personal security clearance of an employee under the pilot program;

(F)

added an estimate of the time saved on each contract with respect to which the authority under the pilot program is exercised by enabling employees of innovative technology companies to begin work before the Government completes the adjudication of the facility clearance application of the innovative technology company;

(G)

added an assessment of any foreign intelligence threats posed by the pilot program;

(H)

added an assessment of the administrative costs and benefits of the pilot program; and

(I)

added such other information that the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security jointly determine appropriate.

(e)

added Participant selection— The Defense Innovation Unit shall select innovative technology companies to participate in the pilot program.

(f)

added Sunset— The pilot program shall terminate on December 31, 2028.

(g)

added Definitions— In this section:

(1)

added Facility clearance— The term “facility clearance” has the meaning given the term “Facility Clearance” in section 95.5 of title 10, Code of Federal Regulations, or any successor regulation.

(2)

added Innovative technology company— The term “innovative technology company” means a company that—

(A)

added provides goods or services related to—

(i)

added one or more of the fourteen critical technology areas described in the memorandum by the Under Secretary of Defense for Research and Engineering issued on February 1, 2022, entitled “USD(R&E) Technology Vision for an Era of Competition”; or

(ii)

added information technology, software, or hardware that is unavailable from any other entity that possesses a facility clearance; and

(B)

added is selected by the Defense Innovation Unit under subsection (e) to participate in the pilot program.

(3)

added Personal security clearance— The term “personal security clearance” means the security clearance of an individual who has received approval from the Department of Defense to access classified information.

(4)

added Pilot program— The term “pilot program” means the pilot program established under subsection (a).

Sec. 865 Department of Defense national imperative for industrial skills program

added

(a)

added 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 defined by the Secretary of Defense and needed in the defense industrial base through the National Imperative for Industrial Skills Program of the Department of Defense (or a successor program).

(b)

added Priorities— In carrying out the program, the Secretary shall prioritize workforce development training programs that—

(1)

added are innovative, lab-based, or experientially-based;

(2)

added rapidly train skilled industrial workers for employment with entities in the defense industrial base faster than traditional classroom-based 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; and

(3)

added 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.

Sec. 866 Temporary suspension of COVID–19 vaccine mandate for Department of Defense contractors

added

(a)

added Independent report— The Comptroller General of the United States shall—

(1)

added conduct a study on the predicted effects of the requirement for contractors of the Department of Defense to receive a COVID–19 vaccine on the performance of such a contractor on a contract; and

(2)

added submit to the congressional defense committees a report containing the results of such study.

(b)

added Temporary suspension— The Secretary of Defense may not implement a requirement for contractors of the Department of Defense to receive a COVID–19 vaccine until such time as the Comptroller General submits to the congressional defense committees the report under subsection (a).

Sec. 901 Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense

added

(a)

added Increase in authorized number of assistant secretaries of defense—

(1)

added Increase— Section 138(a)(1) of title 10, United States Code, is amended by striking “15” and inserting “18”.

(2)

added Conforming amendment— Section 5315 of title 5, United States Code, is amended by striking “(14)” after “Assistant Secretaries of Defense” and inserting “(18)”.

(b)

added Increase in authorized number of deputy assistant secretaries of defense—

(1)

added Increase— Section 138 of such title is amended by adding at the end the following new subsection:

added “(e) The maximum number of Deputy Assistant Secretaries of Defense is 57.”

(2)

added Conforming repeal— Section 908 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 138 note) is repealed.

Sec. 902 Responsibilities of Assistant Secretary of Defense for Special Operations and Low Intensity Conflict

added

added Section 138(b)(2)(A) of title 10, United States Code, is amended by inserting “(including explosive ordnance disposal)” after “low intensity conflict activities”.

Sec. 911 Eligibility of Chief of the National Guard Bureau for appointment as Chairman of the Joint Chiefs of Staff

added

added Section 152(b)(1)(B) of title 10, United States Code, is amended by striking “the Commandant of the Marine Corps, or the Chief of Space Operations” and inserting “the Commandant of the Marine Corps, the Chief of Space Operations, or the Chief of the National Guard Bureau”.

Sec. 912 Clarification of peacetime functions of the Navy

added

added Section 8062(a) of title 10, United States Code, is amended—

(1)

added in the second sentence, by striking “primarily” and inserting “for the peacetime promotion of the national security interests and prosperity of the United States and”; and

(2)

added in the third sentence, by striking “for the effective prosecution of war” and inserting “for the duties described in the preceding sentence”.

Sec. 913 Explosive ordnance disposal defense program

added

added Section 2284(b) of title 10, United States Code, is amended—

(1)

added in paragraph (1)—

(A)

added in subparagraph (A), by striking “and” after the semicolon;

(B)

added in subparagraph (B), by striking “the Department of Defense” and all that follows and inserting “the Program;”;

(C)

added by adding at the end the following new subparagraphs:

added “(C) direct the executive agent to designate a joint program executive officer for the Program; and

added “(D) assign the Director of the Defense Threat Reduction Agency to manage the Defense-wide program element funding for the Program.”

(2)

added by striking paragraph (4);

(3)

added by redesignating paragraph (5) as paragraph (4);

(4)

added in paragraph (4), as so redesignated, by striking the period at the end and inserting a semicolon; and

(5)

added by adding at the end the following new paragraphs:

added “(5) the Secretary of the Navy shall designate a Navy explosive ordnance disposal-qualified admiral officer to serve as the co-chair of the Program; and

added “(6) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall designate the Deputy Assistant Secretary of Defense for Special Operations and Combating Terrorism as the co-chair of the Program.”

Sec. 914 Modification of report regarding the designation of the Explosive Ordnance Disposal Corps as a basic branch of the Army

added

added Section 582(b)(2) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 3063 note) is amended—

(1)

added in subparagraph (F), by inserting “National Guard Bureau,” before “Army Forces Command”; and

(2)

added by adding at the end the following new subparagraph:

added “(H) The Secretary of the Army has designated an Assistant Secretary of the Army as the key individual responsible for developing and overseeing policy, plans, programs, and budgets, and issuing guidance and providing direction on the explosive ordnance disposal activities of the Army.”

Sec. 915 Clarification of roles and responsibilities for force modernization efforts of the Army

added

(a)

added Plan required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that comprehensively defines the roles and responsibilities of officials and organizations of the Army with respect to the force modernization efforts of the Army.

(b)

added Elements— The plan under subsection (a) shall—

(1)

added identify the official within the Army who shall have primary responsibility for the force modernization efforts of the Army, and specify the roles, responsibilities, and authorities of that official;

(2)

added clearly define the roles, responsibilities, and authorities of the Army Futures Command and the Assistant Secretary of the Army for Acquisition, Logistics, and Technology with respect to such efforts;

(3)

added clarify the roles, responsibilities, and authorities of officials and organizations of the Army with respect to acquisition in support of such efforts; and

(4)

added include such other information as the Secretary of the Army determines appropriate.

(c)

added Role of Army Futures Command— In the event the Secretary of the Army does not submit the plan required under subsection (a) by the expiration of the 180 day period specified in such subsection, then beginning at the expiration of such period—

(1)

added the Commanding General of the Army Futures Command shall have the roles, responsibilities, and authorities assigned to the Commanding General pursuant to Army Directive 2020–15 (“Achieving Persistent Modernization”) as in effect on November 16, 2020; and

(2)

added any provision of Army Directive 2022–07 (“Army Modernization Roles and Responsibilities”), or any successor directive, that modifies or contravenes a provision of the directive specified in paragraph (1) shall have no force or effect.

Sec. 916 Report on potential transition of all members of Space Force into a single component

added

(a)

added Report required— Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the proposal of the Air Force to transition the Space Force into a single component (in this section referred to as the Space Component)—

(1)

added that consists of all members of the Space Force, without regard to whether such a member is, under laws in effect at the time of the report, in the active or reserve component of the Space Force; and

(2)

added in which such members may transfer between duty statuses more freely than would otherwise be allowed under the laws in effect at the time of the report.

(b)

added Elements— The report required under subsection (a) shall include the following:

(1)

added A plan that describes any rules, regulations, policies, guidance, and statutory provisions that may be implemented to govern—

(A)

added the ability of a member of the Space Component to transfer between duty statuses, the number of members authorized to make such transfers, and the timing of such transfers;

(B)

added the retirement of members of the Space Component, including the determination of a member’s eligibility for retirement and the calculation of the retirement benefits (including benefits under laws administered by the Secretary of Veterans Affairs) to which the member would be entitled based on a career consisting of service in duty statuses of the Space Component; and

(C)

added the composition and operation of promotion selection boards with respect to members of the Space Component, including the treatment of general officers by such boards.

(2)

added A comprehensive analysis of how such proposal may affect the ability of departments and agencies of the Federal Government (including departments and agencies outside the Department of Defense and the Department of Veterans Affairs) to accurately calculate the pay or determine the benefits, including health care benefits under chapter 55 of title 10, United States Code, to which a member or former member of the Space Component is entitled at any given time.

(3)

added Draft legislative text, prepared by the Office of Legislative Counsel within the Office of the General Counsel of the Department of Defense, that comprehensively sets forth all amendments and modifications to Federal statutes needed to effectively implement the proposal described in subsection (a), including—

(A)

added amendments and modifications to titles 10, 37, and 38, United States Code;

(B)

added amendments and modifications to Federal statutes outside of such titles; and

(C)

added an analysis of each provision of Federal statutory law that refers to the duty status of a member of an Armed Force, or whether such member is in an active or reserve component, and, for each such provision—

(i)

added a written determination indicating whether such provision requires amendment or other modification to clarify its applicability to a member of the Space Component; and

(ii)

added if such an amendment or modification is required, draft legislative text for such amendment or modification.

Sec. 921 Establishment of Space National Guard

added

(a)

added Establishment—

(1)

added In general— There is established a Space National Guard that is part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia—

(A)

added in which the Space Force operates; and

(B)

added active and inactive.

(2)

added Reserve component— There is established a Space National Guard of the United States that is the reserve component of the United States Space Force all of whose members are members of the Space National Guard.

(b)

added Composition— The Space National Guard shall be composed of the Space National Guard forces of the several States and Territories, Puerto Rico and the District of Columbia—

(1)

added in which the Space Force operates; and

(2)

added active and inactive.

Sec. 922 No effect on military installations

added

added Nothing in this subtitle, or the amendments made by this subtitle, shall be construed to authorize or require the relocation of any facility, infrastructure, or military installation of the Space National Guard or Air National Guard.

Sec. 923 Implementation of Space National Guard

added

(a)

added Requirement— Except as specifically provided by this subtitle, the Secretary of the Air Force and Chief of the National Guard Bureau shall implement this subtitle, and the amendments made by this subtitle, not later than 18 months after the date of the enactment of this Act.

(b)

added Briefings— Not later than 90 days after the date of the enactment of this Act, and annually for the five subsequent years, the Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau shall jointly provide to the congressional defense committees a briefing on the status of the implementation of the Space National Guard pursuant to this subtitle and the amendments made by this subtitle. This briefing shall address the current missions, operations and activities, personnel requirements and status, and budget and funding requirements and status of the Space National Guard, and such other matters with respect to the implementation and operation of the Space National Guard as the Secretary and the Chiefs jointly determine appropriate to keep Congress fully and currently informed on the status of the implementation of the Space National Guard.

Sec. 924 Conforming amendments and clarification of authorities

added

(a)

added Definitions—

(1)

added Title 10, United States Code— Title 10, United States Code, is amended—

(A)

added in section 101—

(i)

added in subsection (c)—

(I)

added by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and

(II)

added by inserting after paragraph (5) the following new paragraphs:

added “(6) The term “Space National Guard” means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, active and inactive, that—

added “(A) is a space force;

added “(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

added “(C) is organized, armed, and equipped wholly or partly at Federal expense; and

added “(D) is federally recognized.

added “(7) The term “Space National Guard of the United States” means the reserve component of the Space Force all of whose members are members of the Space National Guard.”

(B)

added in section 10101—

(i)

added in the matter preceding paragraph (1), by inserting “the following” before the colon; and

(ii)

added by adding at the end the following new paragraph:

added “(8) The Space National Guard of the United States.”

(2)

added Title 32, United States Code— Section 101 of title 32, United States Code is amended—

(A)

added by redesignating paragraphs (8) through (19) as paragraphs (10) and (21), respectively; and

(B)

added by inserting after paragraph (7) the following new paragraphs:

added “(8) The term “Space National Guard” means that part of the organized militia of the several States and territories, Puerto Rico, and the District Of Columbia, in which the Space Force operates, active and inactive, that—

added “(A) is a space force;

added “(B) is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution;

added “(C) is organized, armed, and equipped wholly or partly at Federal expense; and

added “(D) is federally recognized.

added “(9) The term “Space National Guard of the United States” means the reserve component of the Space Force all of whose members are members of the Space National Guard.”

(b)

added Reserve components— Chapter 1003 of title 10, United States Code, is amended—

(1)

added by adding at the end the following new sections:

added “10115. Space National Guard of the United States: composition

added “The Space National Guard of the United States is the reserve component of the Space Force that consists of—

added “(1) federally recognized units and organizations of the Space National Guard; and

added “(2) members of the Space National Guard who are also Reserves of the Space Force.

added “10116. Space National Guard: when a component of the Space Force

added “The Space National Guard while in the service of the United States is a component of the Space Force.

added “10117. Space National Guard of the United States: status when not in Federal service

added “When not on active duty, members of the Space National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Space National Guard.”

(2)

added in the table of sections at the beginning of such chapter, by adding at the end the following new items:

Sec. 1001 General transfer authority

added

(a)

added Authority to transfer authorizations—

(1)

added Authority— Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2023 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

added Limitation— Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000.

(3)

added Exception for transfers between military personnel authorizations— A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b)

added Limitations— The authority provided by subsection (a) to transfer authorizations—

(1)

added may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

Sec. 1023 Availability of funds for retirement or inactivation of landing dock ships

added

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage any of the following ships:

(1)

added USS Germantown (LSD-42).

(2)

added USS Gunston Hall (LSD-44).

(3)

added USS Tortuga (LSD-46).

(4)

added USS Ashland (LSD-48).

Sec. 1024 Availability of funds for retirement or inactivation of guided missile cruisers

added

(a)

added In general— Subject to subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended to retire, prepare to retire, inactivate, or place in storage more than four guided missile cruisers.

(b)

added USS Vicksburg— The USS Vicksburg may not be retired, prepared to retire, inactivated, or placed in storage pursuant to subsection (a).

Sec. 1025 Business case analyses on disposition of certain Government-owned dry-docks

added

(a)

added AFDM-10— Not later than March 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees the results of a business case analysis under which the Secretary shall present a comparison of the following four options for Auxiliary Floating Dock, Medium-10 in Seattle, Washington (in this section referred to as “AFDM-10”):

(1)

added The continued use of AFDM-10, in the same location and under the same lease authorities in effect on the date of the enactment of this Act.

(2)

added The relocation and use of AFDM-10 in alternate locations under the same lease authorities in effect on the date of the enactment of this Act.

(3)

added The relocation and use of AFDM-10 in alternate locations under alternative lease authorities.

(4)

added The conveyance of AFDM-10 at a fair market rate to an appropriate non-Government entity with expertise in the non-nuclear ship repair industry.

(b)

added Graving dock at Naval Base, San Diego— Not later than March 1, 2023, the Secretary of the Navy shall submit to the congressional defense committees the results of a business case analysis under which the Secretary shall present a comparison of the following two options for the Government-owned graving dock at Naval Base San Diego, California:

(1)

added The continued use of such graving dock, in accordance with the utilization strategy described in the May 25, 2022 report to Congress entitled “Navy Dry Dock Strategy for Surface Ship Maintenance and Repair”.

(2)

added The lease of such graving dock to an appropriate non-Government entity with expertise in the non-nuclear ship repair industry.

Sec. 1026 Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms

added

(a)

added 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, the Marine Mammal System program, that has been used, or is currently being used, for—

(1)

added port security at Navy bases, known as Mark-6 systems; or

(2)

added mine search capabilities, known as Mark-7 systems.

(b)

added 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)

added identified a replacement capability and the necessary quantity of such capability to meet all operational requirements currently being met by the Marine Mammal System program, including a detailed explanation of such capability and quantity;

(2)

added achieved initial operational capability of all capabilities referred to in paragraph (1), including a detailed explanation of such achievement; and

(3)

added 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 System program, including a detailed explanation of such deployment.

Sec. 1027 Deadline for 75 percent manning fill for ships undergoing nuclear refueling or defueling

added

added By not later than December 31, 2023, the Secretary of the Navy shall ensure that the manning fill for each ship undergoing nuclear refueling or defueling, and any concurrent complex overhaul, is not less than—

(1)

added

added No amounts authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2023, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of any country, or any entity within such country, as follows:

(1)

added Libya.

(2)

added Somalia.

(3)

added Syria.

(4)

added Yemen.

(5)

added Afghanistan.

Sec. 1041 Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance

added

(a)

added Location of assistance— Section 407 of title 10, United States Code, is amended—

(1)

added in subsection (a)(1)—

(A)

added in the matter preceding subparagraph (A)—

(i)

added by striking “carry out” and inserting “provide”; and

(ii)

added by striking “in a country” and inserting “to a country”; and

(B)

added in subparagraph (A), by striking “in which the activities are to be carried out” and inserting “to which the assistance is to be provided”; and

(2)

added in subsection (d)—

(A)

added in paragraph (1)—

(i)

added by striking “in which” and inserting “to which”; and

(ii)

added by striking “carried out” and inserting “provided”;

(B)

added in paragraph (2), by striking “carried out in” and inserting “provided to”;

(C)

added in paragraph (3)—

(i)

added by striking “in which” and inserting “to which”; and

(ii)

added by striking “carried out” and inserting “provided”; and

(D)

added in paragraph (4), by striking “in carrying out such assistance in each such country” and inserting “in providing such assistance to each such country”.

(b)

added Expenses— Subsection (c) of such section 407 is amended—

(1)

added in paragraph (2), by adding at the end the following new subparagraph:

added “(C) Travel, transportation, and subsistence expenses of foreign personnel to attend training provided by the Department of Defense under this section.”

(2)

added in paragraph (3), by striking “$15,000,000” and inserting “$20,000,000”.

(c)

added Report— Subsection (d) of such section 407, as amended by subsection (a)(2) of this section, is further amended in the matter preceding paragraph (1), by striking “include in the annual report under section 401 of this title a separate discussion of” and inserting “submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report on”.

Sec. 1042 Security clearances for recently separated members of the Armed Forces and civilian employees of the Department of Defense

added

(a)

added Improvements—

(1)

added In general— Except as provided in subsection (b), beginning on the date on which a covered individual separates from the Armed Forces or the Department of Defense (as the case may be), if the Secretary of Defense determines that the covered individual held a security clearance immediately prior to such separation and requires a security clearance of an equal or lower level for employment as a covered contractor, the Secretary shall—

(A)

added during the one-year period following such date, treat the previously held security clearance as an active security clearance for purposes of such employment; and

(B)

added during the two-year period following the conclusion of the period specified in subparagraph (A), ensure that the adjudication of any request submitted by the covered employee for the reactivation of the previously held security clearance for purposes of such employment is completed by not later than 180 days after the date of such submission.

(2)

added Coast Guard— In the case of a member of the Armed Forces who is a member of the Coast Guard, the Secretary of Defense shall carry out paragraph (1) in consultation with the Secretary of the Department in which the Coast Guard is operating.

(b)

added Exceptions—

(1)

added In general— Subsection (a) shall not apply with respect to a covered individual—

(A)

added whose previously held security clearance is, or was as of the date of separation of the covered individual, under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated; or

(B)

added in the case of a member of the Armed Forces, who separated from the Armed Forces under other than honorable conditions.

(2)

added Clarification of review exception— The exception specified in paragraph (1)(A) shall not apply with respect to a routine periodic reinvestigation or a continuous vetting investigation in which no potentially disqualifying factors or conditions have been found.

(c)

added Definitions— In this section:

(1)

added The term “covered contractor” means an individual who is employed by an entity that carries out work under a contract with the Department of Defense or an element of the intelligence community.

(2)

added The term “covered individual” means a former member of the Armed Forces or a former civilian employee of the Department of Defense.

(3)

added The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

Sec. 1043 Submission of national defense strategy in unclassified form

added

added Section 113(g)(1)(D) of title 10, United States Code, is amended by striking “in classified form with an unclassified summary.” and inserting “in unclassified form, but may include a classified annex.”.

Sec. 1044 Common access cards for Department of Defense facilities for certain congressional staff

added

(a)

added In general— The Secretary of Defense shall develop processes and procedures under which the Secretary shall issue common access cards to staff of the congressional defense committees who need such access to facilitate the performance of required congressional oversight activities. Such common access cards shall provide such staff with access to all Department of Defense installations and facilities.

(b)

added Implementation— The Secretary shall implement the processes and procedures developed under subsection (a) by not later than 180 days after the date of the enactment of this Act.

(c)

added Interim briefing— Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on the status of the processes and procedures required to be developed under subsection (a).

Sec. 1045 Introduction of entities in transactions critical to national security

added

(a)

added In general— The Secretary of Defense may facilitate the introduction of entities for the purpose of discussing a covered transaction that the Secretary has determined is in the national security interests of the United States.

(b)

added Covered transaction defined— The term “covered transaction” means a transaction that the Secretary has reason to believe would likely involve an entity affiliated with a strategic competitor unless an alternative transaction were to occur.

Sec. 1046 Repository of local nationals working for or on behalf of Federal Government in theater of combat operations

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added there are well documented administrative issues with current and former Special Immigrant Visa programs that significantly increase the application timeline and impact applicants seeking to verify their eligibly for these programs;

(2)

added administrative issues such a verification of employment, characterization of service, personnel data, and biographical data needed for employment by a local national employee but not centrally maintained should not be a barrier for an applicant who has put themselves or their family at risk by providing faithful and valuable service in support the United States Government;

(3)

added upon studying existing databases within the federal government, none meet the requirement that would provide a centralized database that all federal departments and agencies could utilize to ensure that in the future, eligible applicants do not have applications delayed or denied due to missing administrative data;

(4)

added the creation of such a database, exercising current privacy data control policies, would streamline the application process and provide independent and centralized verification that an applicant is indeed eligible for the program; and

(5)

added Special Immigrant Visa programs are consistent with our national values, and therefore, it is an obligation to make sure the accurate data necessary to verify and complete these applications expeditiously is available when needed.

(b)

added Database— Not later than one year after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish and maintain a database listing all foreign nationals working for the United States Government or any contractor or subcontractor (at any tier) of the Department of Defense, the Department of State, or any other agency or instrumentality of the Executive branch in a theater of combat operations. This section and the requirements of this section shall be carried out consistent with the Privacy Act of 1974.

(c)

added Requirements— The database established under subsection (b) shall be electronic and searchable, and shall include, with respect to each foreign national so listed, the following:

(1)

added Full name and date of birth.

(2)

added Contact information.

(3)

added Local national or State ID Number.

(4)

added Passport number, if applicable.

(5)

added Job location.

(6)

added The component of Government or contractor contact information.

(7)

added Start and end dates, total length of service, and whether the foreign national has met the length of service requirement for the Special Immigrant Visa program in that country, if applicable.

(8)

added A thorough description of work duties and the location where duties were performed.

(9)

added Any other information the Secretary of Defense or Secretary of State deems appropriate.

(d)

added Notification— The Secretary of Defense, Secretary of State, the head of any other agency or instrumentality of the Executive branch, and each contractor or subcontractor (at any tier) of the Department of Defense, the Department of State, or such other agency or instrumentality, shall provide to any foreign national employee in the database established under subsection (b), at the end of each year of employment with the Government, contractor, or subcontractor (at any tier) (as the case may be) and on the date such employment terminates, a written certification regarding such employee’s total length of service.

Sec. 1047 Transfers and pay of nonappropriated fund employees

added

(a)

added In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall update policies and procedures, as needed, to expedite the process for interservice transfers of nonappropriated fund employees. The Secretary shall provide an update to the appropriate committees on the completion of such updates.

(b)

added Report— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the congressional defense committees on the following:

(1)

added The impact of the change on the processing time for transfers of nonappropropriated fund employees between nonappropriated fund instrumentaliteis in different military services.

(2)

added The impact of the changes on the processing time for reinstatement of nonappropriated fund employees to a nonappropriated fund instrumentality in a military service that is different from the military service where the individual was previously employed by a nonappropriated fund instrumentality.

(3)

added The impact of the changes on recruitment and retention of nonappropriated fund employees in general and specifically for nonappropriated fund employees of military child development centers.

Sec. 1048 Establishment of joint training pipeline between United States Navy and Royal Australian Navy

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the AUKUS partnership between Australia, the United Kingdom, and the United States presents a significant opportunity to enhance security cooperation in the Indo-Pacific region;

(2)

added parties to the AUKUS partnership should work expeditiously to implement a strategic roadmap to successfully deliver capabilities outlined in the agreement;

(3)

added the United States should engage with industry partners to develop a comprehensive understanding of the requirements needed to increase capacity and capability;

(4)

added Australia should continue to expand its industrial base to support production and delivery of future capabilities;

(5)

added the delivery of a nuclear-powered submarine to the Government of Australia would require the appropriate training and development of future commanding officers to operate such submarines for the Royal Australian Navy; and

(6)

added in order to uphold the stewardship of the Naval Nuclear Propulsion Program, the Secretary of Defense should work to coordinate an exchange program to integrate and train Australian sailors for the operation and maintenance of nuclear-powered submarines.

(b)

added Exchange program— The Secretary of Defense, in consultation with the Secretary of Energy, shall carry out an exchange program for Australian submarine officers during 2023 and each subsequent year. Under the program, each year, a minimum of two Australian submarine officers shall be selected to participate in the program. Each such participant shall—

(1)

added receive training in the Navy Nuclear Propulsion School;

(2)

added following such training and by not later than July 1 of the year of participation, enroll in the Submarine Office Basic Course; and

(3)

added following completion of such course, be assigned to duty on an operational United States submarine at sea.

(c)

added Report— 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 a notional exchange program for Australian submarine officers that includes initial, follow-on, and recurring training that could be provided to Australian submarine officers in order prepare such officers for command of nuclear-powered Australian submarines.

Sec. 1049 Inspector General oversight of Department of Defense activities in response to Russia’s further invasion of Ukraine

added

added The Inspector General of the Department of Defense Inspector General shall carry out comprehensive oversight and conduct reviews, audits, investigations, and inspections of the activities conducted by the Department of Defense in response to Russia’s further invasion of Ukraine, initiated on February 24, 2022, including military assistance provided to Ukraine by the Department of Defense.

Sec. 1050 Consultation of congressional defense committees in preparation of national defense strategy

added

added Section 113(g)(1) of title 10, United States Code, is amended—

(1)

added by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; and

(2)

added by inserting after subparagraph (C) the following new subparagraph (D):

added “(D) In addressing the matters referred to in subparagraph (B)(i) and (ii), the Secretary may seek the advice and views of the congressional defense committees, through the Chair and Ranking Members of the congressional defense committees. The congressional defense committees, through the Chair and Ranking Member of the congressional defense committees, may submit their advice and views to the Secretary in writing. Any such written views shall be published as an annex to the national defense strategy.”

Sec. 1061 Briefing on Global Force Management Allocation Plan

added

added Section 1074(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended by adding at the end the following new paragraph:

added “(4) For each major modification to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year—

added “(A) an analysis of the costs of such modification;

added “(B) an assessment of the risks associated with such modification, including strategic risks, operational risks, and risks to readiness; and

added “(C) a description of any strategic trade-offs associated with such modification.”

Sec. 1062 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

added

added Section 1014 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) is amended—

(1)

added in subsection (d)—

(A)

added in paragraph (1)(B)(iv), by adding at the end the following new subclauses:

added “(VIII) The methodology used for making cost estimates in the evaluation of a request for assistance.

added “(IX) The extent to which the fulfillment of the request for assistance affected readiness of the Armed Forces, including members of the reserve components.”

(B)

added in paragraph (3), by striking “December 31, 2023” and inserting “December 31, 2024”; and

(2)

added by adding at the end the following new subsection:

added “(f) Quarterly briefings—Not later than 30 days after the last day of each fiscal quarter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on any assistance provided by the Department of Defense to the border security mission of the Department of Homeland Security at the international borders of the United States during the quarter covered by the briefing. Each such briefing shall include each of the elements specified in subsection (d)(1)(B) for such quarter.”

Sec. 1063 Continuation of requirement for annual report on National Guard and reserve component equipment

added

(a)

added 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 10541 of title 10, United States Code.

(b)

added Conforming repeal— Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328); 130 Stat. 2402; 10 U.S.C. 111 note) is amended by striking paragraph (62).

Sec. 1064 Combatant command risk assessment for airborne intelligence, surveillance, and reconnaissance

added

(a)

added In general— Not later than 60 days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget for any fiscal year, or the date on which any of the military departments otherwise proposes to retire or otherwise divest any airborne intelligence, surveillance, and reconnaissance capabilities, the Vice Chairman of the Joint Chiefs of Staff, in coordination with the commanders of each of the geographic combatant commands, shall submit to the congressional defense committees a report containing an assessment of the level of operational risk to each such command posed by the proposed retirement or divestment with respect to the capability of the command to meet near-, mid-, and far-term contingency and steady-state requirements against adversaries in support of the objectives of the national defense strategy under section 113(g) of title 10, United States Code.

(b)

added Risk assessment— In assessing levels of operational risk for the purposes of subsection (a), the Vice Chairman and the commanders of the geographic combatant commands shall use the military risk matrix of the Chairman of the Joint Chiefs of Staff, as described in CJCS Instruction 3401.01E, or any successor instruction.

(c)

added Geographic combatant command— In this section, the term “geographic combatant command” means any of the following:

(1)

added United States European Command.

(2)

added United States Indo-Pacific Command.

(3)

added United States Africa Command.

(4)

added United States Southern Command.

(5)

added United States Northern Command.

(6)

added United States Central Command.

(d)

added Termination— The requirement to submit a report under this section shall terminate on the date that is five years after the date of the enactment of this Act.

Sec. 1065 Reports on effects of strategic competitor naval facilities in Africa

added

(a)

added Initial report—

(1)

added In general— Not later than May 15, 2023, the Secretary of Defense shall submit to the appropriate congressional committees a report on the effects on the national security of the United States of current or planned covered naval facilities in Africa.

(2)

added Elements— The report required under paragraph (1) shall include the following:

(A)

added An identification of—

(i)

added any location in Africa where a covered naval facility has been established; and

(ii)

added any location in Africa where a covered naval facility is planned for construction.

(B)

added A detailed description of—

(i)

added any agreement entered into between China or Russia and a country or government in Africa providing for or enabling the establishment or operation of a covered naval facility in Africa; and

(ii)

added any efforts by the Department of Defense to change force posture, deployments, or other activities in Africa as a result of current or planned covered naval facilities in Africa.

(C)

added An assessment of—

(i)

added the effect that each current covered naval facility has had on United States interests, allies, and partners in and around Africa;

(ii)

added the effect that each planned covered naval facility is expected to have on United States interests, allies, and partners in and around Africa;

(iii)

added the policy objectives of China and Russia in establishing current and future covered naval facilities at the locations identified under subparagraph (A); and

(iv)

added the specific military capabilities supported by each current or planned covered naval facility.

(b)

added Update to report—

(1)

added In general— Not later than March 1, 2024, the Secretary of Defense shall submit to the appropriate congressional committees a report containing an update to the report required under subsection (a).

(2)

added Elements— The report required under paragraph (1) shall include the following:

(A)

added An identification of—

(i)

added any location in Africa where a covered naval facility has been established since the date of the submittal of the report under subsection (a); and

(ii)

added any location in Africa where a covered naval facility has been planned for construction since such date.

(B)

added A detailed description of—

(i)

added any agreement entered into between China or Russia and country or government in Africa since such date providing for or enabling the establishment of a covered naval facility in Africa; and

(ii)

added any efforts by the Department of Defense since such date to change force posture, deployments, or other activities in Africa as a result of current or planned covered naval facilities in Africa.

(C)

added An updated assessment of—

(i)

added the effect that each current covered naval facility has had on United States interests, allies, and partners in and around Africa since such date;

(ii)

added the effect that each planned covered naval facility has had on United States interests, allies, and partners in and around Africa since such date;

(iii)

added the policy objectives of China and Russia, including new objectives and changes to objectives, in establishing current and future covered naval facilities at the locations identified in the report required under subsection (a) or in subparagraph (A); and

(iv)

added the specific military capabilities supported by each current or planned covered naval facility at such locations, including new capabilities and changes to capabilities.

(D)

added A detailed description of—

(i)

added the policy of the Department of Defense surrounding strategic competitor efforts to establish and maintain covered naval facilities in Africa; and

(ii)

added any actual or planned actions taken by the Department in response to such efforts and in coordination with global Department priorities, as identified in the national defense strategy under section 113(g) of title 10, United States Code.

(c)

added Form— A report required under subsection (a) or (b) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.

(d)

added Definitions— In this section:

(1)

added The term “Africa” means all countries in the area of operations of United States Africa Command and Egypt.

(2)

added The term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(B)

added the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

(3)

added The term “covered naval facility” means a naval facility owned, operated, or otherwise controlled by the People’s Republic of China or the Russian Federation.

(4)

added The term “naval facility” means a naval base, civilian sea port with dual military uses, or other facility intended for the use of warships or other naval vessels for refueling, refitting, resupply, force projection, or other military purposes.

Sec. 1066 Annual reports on safety upgrades to the high mobility multipurpose wheeled vehicle fleets

added

(a)

added Annual reports— Not later than March 1, 2023, and annually thereafter until the date specified in subsection (c), the Secretaries of the Army, Navy, and Air Force shall each submit to the Committees on Armed Services of the Senate and House of Representatives a report on the installation of safety upgrades to the high mobility multipurpose wheeled vehicle fleets under the jurisdiction of the Secretary concerned, including anti-lock brakes, electronic stability control, and fuel tanks.

(b)

added Matters for inclusion— Each report required under subsection (a) shall include, for the year covered by the report, each of the following:

(1)

added The total number of safety upgrades necessary for the high mobility multipurpose wheeled vehicle fleets under the jurisdiction of the Secretary concerned.

(2)

added The total cumulative number of such upgrades completed prior to the year covered by the report.

(3)

added A description of any such upgrades that were planned for the year covered by the report.

(4)

added A description of any such upgrades that were made during the year covered by the report and, if the number of such upgrades was less than the number of upgrades planned for such year, an explanation of the variance.

(5)

added If the total number of necessary upgrades has not been made, a description of the upgrades planned for each year subsequent to the year covered by the report.

(c)

added Termination— No report shall be required under this section after March 1, 2026.

Sec. 1067 Quarterly reports on Operation Spartan Shield

added

(a)

added In general— The Inspector General of the Department of Defense shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, quarterly reports on Operation Spartan Shield in a manner consistent with section 8L of the Inspector General Act of 1978 (5 U.S.C. App.).

(b)

added Form of reports— Each report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

(c)

added Deadline for first report— The Inspector General shall submit the first quarterly report required under subsection (a) by not later than 180 days after the date of the enactment of this Act.

Sec. 1068 Congressional notification of military information support operations in the information environment

added

(a)

added In general— Not later than 15 days before the Secretary of Defense exercises the authority of the Secretary to conduct a new military information support operation in the information environment, as affirmed in section 1631(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 note), the Secretary shall provide to the appropriate congressional committees notice in writing of the intent to use such authority to conduct such operation.

(b)

added Elements— A notification under subsection (a) shall include each of the following:

(1)

added A description of the type of support to be provided in the operation.

(2)

added A description of the personnel engaged in supporting or facilitating the operation.

(3)

added The amount obligated under the authority to provide support.

(4)

added The expected duration of the operation and the desired outcome of the operation.

(c)

added Annual report— Not later than 90 days after the last day of any fiscal year during which the Secretary conducts a military support operation in the information environment, the Secretary shall submit to the appropriate congressional committees a report on all such operations during such fiscal year. Such report shall include each of the following for each activity conducted pursuant to such an operation:

(1)

added The name of the activity.

(2)

added A description of the activity.

(3)

added The combatant command responsible for the activity.

(4)

added The desired outcome of the activity.

(5)

added The target audience for the activity.

(6)

added Any means of dissemination used in the conduct of the activity.

(7)

added The cost of conducting the activity.

(8)

added An assessment of the effectiveness of the activity.

(d)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives; and

(3)

added the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

Sec. 1069 Department of Defense delays in providing comments on Government Accountability Office reports

added

(a)

added Reports required— Not later than 180 days after the date of the enactment of this Act, and once every 180 days thereafter until the date that is 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report on the extent to which the Department of Defense provided comments and sensitivity and security reviews (for drafts tentatively identified as containing controlled unclassified information or classified information) in a timely manner and in accordance with the protocols of the Government Accountability Office during the 180-day period preceding the date of the submittal of the report.

(b)

added Requirements for GAO report— Each report under subsection (a) shall include the following information for the period covered by the report:

(1)

added The number of draft Government Accountability Office reports for which the Government Accountability Office requested comments from the Department of Defense, including an identification of the reports for which a sensitivity or security review was requested (separated by reports potentially containing only controlled unclassified information and reports potentially containing classified information) and the reports for which such a review was not requested.

(2)

added The median and average number of days between the date of the request for Department of Defense comments and the receipt of such comments.

(3)

added The average number of days between the date of the request for a Department of Defense sensitivity or security review and the receipt of the results of such review.

(4)

added In the case of any such draft report for which the Department of Defense failed to provide such comments or review within 30 days of the request for such comments or review—

(A)

added the number of days between the date of the request and the receipt of such comments or review; and

(B)

added a unique identifier, for purposes of identifying the draft report.

(5)

added In the case of any such draft report for which the Government Accountability Office provided an extension to the Department of Defense—

(A)

added whether the Department provided the comments or review within the time period of the extension; and

(B)

added a unique identifier, for purposes of identifying the draft report.

(6)

added Any other information the Comptroller General determines appropriate.

(c)

added DOD responses— Not later than 30 days after the Comptroller General submits a report under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a response to such report that includes each of the following:

(1)

added An identification of factors that contributed to any delays identified in the report with respect to Department of Defense comments and sensitivity or security reviews requested by the Government Accountability Office.

(2)

added A description of any actions the Department of Defense has taken or plans to take to address such factors.

(3)

added A description of any improvements the Department has made in the ability to track timeliness in providing such comments and sensitivity or security reviews.

(4)

added Any other information the Secretary determines relevant to the information contained in the report submitted by the Comptroller General.

Sec. 1070 Reports on hostilities involving United States Armed Forces

added

(a)

added In general— Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President—

(1)

added otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution (50 U.S.C. 1543); or

(2)

added has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).

(b)

added Matters to be included— Each report required by subsection (a) shall include—

(1)

added the statutory and operational authorities under which the United States Armed Forces were operating when the incident occurred, including any relevant executive orders and an identification of the operational activities authorized under any such executive orders;

(2)

added the date, location, and duration of the incident and the other parties involved;

(3)

added a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces;

(4)

added the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and

(5)

added any other information the President determines appropriate.

(c)

added Form— Each report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

Sec. 1071 Annual report on civilian casualties in connection with United States military operations

added

added Section 1057(b) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended—

(1)

added in paragraph (1), by striking “that were confirmed, or reasonably suspected, to have resulted in civilian casualties” and inserting “that resulted in civilian casualties that have been confirmed or are reasonably suspected to have occurred”;

(2)

added in paragraph (2)—

(A)

added in subparagraph (B), by inserting “, including, to the extent practicable, geographic coordinates of any strike resulting in civilian casualties occurring as a result of the conduct of the operation.” after “location”;

(B)

added in subparagraph (D), by inserting before the period the following: “, including the justification for each strike conducted as part of the operation”;

(C)

added in subparagraph (E), by inserting before the period at the end the following: “, formulated as a range, if necessary, and including, to the extent practicable, information regarding the number of men, women, and children involved”; and

(D)

added by adding at the end the following new subparagraphs:

added “(F) For each strike carried out as part of the operation, an assessment of the destruction of civilian property.

added “(G) A summary of the determination of each completed civilian casualty assessment or investigation.

added “(H) For each investigation into an incident that resulted in civilian casualties—

added “(i) whether the Department conducted any witness interviews or site visits occurred, and if not, an explanation of why not; and

added “(ii) whether information pertaining to the incident that was collected by one or more non-governmental entities was considered, if such information exists.”

(3)

added by striking paragraph (4) and inserting the following new paragraph (4):

added “(4) A description of any new or updated civilian harm policies and procedures implemented by the Department of Defense.”

Sec. 1072 Justification for transfer or elimination of flying missions

added

(a)

added In general— Prior to the relocation or elimination of any flying mission, either with respect to an active or reserve component of a covered Armed Force, the Secretary of Defense shall submit to the congressional defense committees a report describing the justification of the Secretary for the decision to relocate or eliminate such mission. Such report shall include each of the following:

(1)

added A description of how the decision supports the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and other relevant strategies.

(2)

added A specific analysis and metrics supporting such decision.

(3)

added An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect the homeland defense mission.

(4)

added A plan for how the Department of Defense intends to fulfill or continue the mission requirements of the eliminated or relocated flying mission.

(5)

added An assessment of the effect of the elimination or relocation on the national defense strategy, the national military strategy, the North American Aerospace Defense Command strategy, and the homeland defense mission.

(6)

added An analysis and metrics to show that the elimination or relocation of the flying mission and its secondary and tertiary impacts would not degrade capabilities and readiness of the Joint Force.

(7)

added An analysis and metrics to show that the elimination or relocation of the flying mission would not negatively affect the national military airspace system.

(b)

added Covered Armed Force— In this section, the term “covered Armed Force” means—

(1)

added The Army.

(2)

added The Navy.

(3)

added The Air Force.

Sec. 1073 Equipment of Army reserve components: annual report to Congress

added

added Section 10541(b)(10) of title 10, United States Code, is amended—

(1)

added in subparagraph (E), by striking “and”;

(2)

added by redesignating subparagraph (F) as subparagraph (G); and

(3)

added by inserting, after subparagraph (E), the following new subparagraph (F):

added “(F) MQ-1C Gray Eagle Extended Range; and”

Sec. 1074 Public availability of reports

added

(a)

added Requirements for withholding certain reports— Section 122a(b)(2)(D) of title 10, United States Code, is amended—

(1)

added by striking the period at the end and inserting “, if the Secretary—”;

(2)

added by adding at the end the following new clauses:

added “(A) gives public notice that the report will be withheld pursuant to such determination; and

added “(B) submits to the congressional defense committees the reason for the determination that the information should not be made available to the public.”

(b)

added Report 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, and make publicly available on an appropriate website of the Department of Defense, a report on the implementation of section 122a of title 10, United States Code, as amended by subsection (a). Such report shall address—

(1)

added the procedures under which members of the public may request a covered report under subsection (a)(2) of such section 122a; and

(2)

added the procedures and criteria under which the Secretary determines that a report that would otherwise be a covered report should not be made publicly available pursuant to subsection (b)(2)(D) of such section, as amended by subsection (a).

Sec. 1075 Quarterly reports on expenditures for planning and design of infrastructure to support permanent United States force presence on Europe’s eastern flank

added

(a)

added In general— The Commander of United States European Command shall submit to the congressional defense committees quarterly reports on the use of the funds described in subsection (c) until the date on which all such funds are expended.

(b)

added Contents— Each report required under subsection (a) shall include an expenditure plan for the establishment of infrastructure to support permanent United States force presence in the covered region.

(c)

added Funds described— The funds described in this subsection are the amounts authorized to be appropriated or otherwise made available for fiscal year 2023 for—

(1)

added Operation and Maintenance, Air Force, for Advanced Planning for Infrastructure to Support Presence on NATO’s Eastern Flank;

(2)

added Operation and Maintenance, Army, for Advanced Planning for Infrastructure to Support Presence on NATO’s Eastern Flank; and

(3)

added Military Construction, Defense-wide, Planning & Design: EUCOM–Infrastructure to Support Presence on NATO’s Eastern Flank.

(d)

added Covered region— In this section, the term “covered region” means Romania, Poland, Lithuania, Latvia, Estonia, Hungary, Bulgaria, and Slovakia.

Sec. 1076 Study on military training routes and special use air space near wind turbines

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added renewable energy development is expanding rapidly as the United States continues to invest in diversifying its energy portfolio;

(2)

added this expansion has to be carefully considered in its potential impacts to low-level military training routes and special use airspace of the Department of Defense;

(3)

added it is imperative that the United States preserves access to national airspace for military test and training and activities to ensure military readiness while facilitating deployment of renewable energy projects, such as wind turbines, that enhance national and economic security in ways that are compatible with military airspace needs; and

(4)

added the rapid proliferation of wind turbines around the world may require the Armed Forces to develop tactics, training, and procedures for operations in the vicinity of wind turbines in order to exploit potential adversaries’ turbines for tactical advantage.

(b)

added Study and report—

(1)

added In general— The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study to identify low-level military training routes and special use airspace that may be used by the Department of Defense to conduct realistic training over and near wind turbines.

(2)

added Elements— As part of the study under paragraph (1), the federally funded research and development center that conducts the study shall—

(A)

added identify and define the requirements for military airspace that may be used for the training described in paragraph (1), taking into consideration—

(i)

added the operational and training needs of the Armed Forces; and

(ii)

added the threat environments of adversaries of the United States, including the People’s Republic of China;

(B)

added identify possibilities for combining live, virtual, and constructive flight training near wind projects, both onshore and offshore;

(C)

added describe the airspace inventory required for low-level training proficiency given current and projected force structures;

(D)

added provide recommendations for redesigning and properly sizing special use air space and military training routes to combine live and synthetic training in a realistic environment;

(E)

added describe ongoing research and development programs being utilized to mitigate impacts of wind turbines on low-level training routes; and

(F)

added identify current training routes impacted by wind turbines, any previous training routes that are no longer in use because of wind turbines, and any training routes projected to be lost due to wind turbines.

(3)

added Coordination— In carrying out paragraph (1), the Secretary of Defense shall coordinate with—

(A)

added the Under Secretary of Defense for Personnel and Readiness;

(B)

added the Department of Defense Policy Board on Federal Aviation; and

(C)

added the Federal Aviation Administration.

(4)

added Submittal to DOD—

(A)

added In general— Not later than one year after the date of the enactment of this Act, the federally funded research and development center that conducts the study under paragraph (1) shall submit to the Secretary of Defense a report on the results of the study.

(B)

added Form— The report under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(5)

added Submittal to Congress— Not later than 60 days after the date on which the Secretary of Defense receives the report under paragraph (4), the Secretary shall submit to the appropriate congressional committees an unaltered copy of the report together with any comments the Secretary may have with respect to the report.

(c)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The congressional defense committees.

(B)

added The Committee on Transportation and Infrastructure of the House of Representatives.

(C)

added The Committee on Commerce, Science, and Transportation of the Senate.

(2)

added The term “impacted by wind turbines” means a situation in which the presence of wind turbines in the area of a low-level military training route or special use airspace—

(A)

added prompted the Department of Defense to alter a testing and training mission or to reduce previously planned training activities; or

(B)

added prevented the Department from meeting testing and training requirements.

Sec. 1077 Study on Joint Task Force Indo-Pacific

added

(a)

added In general— Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report on the results of a study conducted by the Commander on the desirability and feasibility of establishing any of the following for the Indo-Pacific region:

(1)

added A Joint Task Force.

(2)

added A sub-unified command.

(3)

added Another organizational structure to assume command and control responsibility for contingency response in the region.

(b)

added Elements— The study conducted under subsection (a) shall include each of the following:

(1)

added An assessment of whether an additional organizational structure would better facilitate the planning and execution of contingency response in the Indo-Pacific region.

(2)

added An assessment of existing components and sub-unified commands to determine if any such components or commands are best positioned to assume the role of such an additional organizational structure.

(3)

added An assessment of the risks and benefits of headquartering such an additional organizational structure on Guam (or additional locations if the Commander determines appropriate), including a description and expected cost of any required command and control or associated upgrades.

(4)

added An identification of any additional entities that could be integrated, on a standing basis, into the staff of such an additional organizational structure, along with associated benefits, risks, and options to mitigate any risks.

(5)

added An assessment of whether the best option for such an additional organizational structure would be a Joint Task Force, a sub-unified command, or another organizational structure, and what the best relationship would be with respect to other current or future United States commands and task forces in the Indo-Pacific region.

(6)

added A description of any additional resources or authorizations that would be required to establish such an additional organizational structure.

(c)

added Form of report— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.

Sec. 1078 Biannual Department of Defense Inspector General reporting on response to Russian aggression and assistance to Ukraine

added

(a)

added In general— The Inspector General of the Department of Defense shall provide to the appropriate congressional committees biannual briefings on the status and findings of Inspector General oversight, reviews, audits, and inspections of the activities conducted by the Department of Defense response to Russia’s further invasion of Ukraine, initiated on February 24, 2022, including military assistance provided to Ukraine by the Department of Defense and the programs, operations, and contracts carried out with such funds, including—

(1)

added the oversight and accounting of the obligation and expenditure of funds used to assist Ukraine and to respond to Russia’s further invasion of Ukraine;

(2)

added the monitoring and review of contracts supported by such funds;

(3)

added the investigation of any relevant overpayments issues and of legal compliance by Department of Defense officials, contractors, and other relevant entities; and

(4)

added the investigation of any end-use monitoring issues associated with articles provided to Ukraine.

(b)

added Termination— No briefing shall be required under subsection (a) after December 31, 2026.

(c)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Committee on Oversight and Reform and the Committee on Foreign Affairs of the House of Representatives; and

(3)

added the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate.

Sec. 1079 Review of security assistance provided to Elie Wiesel countries

added

(a)

added Review required— Not later than 30 days after the transmission of the first report required after the date of the enactment of this Act under section 5 of the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115–441; 22 U.S.C. 2651 note), the Secretary of Defense shall conduct a review of risks related to the Department of Defense provision of security assistance to countries identified in the report as being at high or medium risk for atrocities. Such review shall include an assessment of risk associated with providing weapons and other forms of security cooperation programs and assistance, including special operations forces programs, to the governments of such countries, with respect to atrocities, conflict, violence, and other forms of instability.

(b)

added Congressional notification of certain changes— If, as a result of the review required under subsection (a), the Secretary determines that the Department of Defense should stop or change the security assistance provided to a country, the Secretary shall submit notice of such determination to—

(1)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

Sec. 1081 Technical and conforming amendments

added

(a)

added Title 10, United States Code— Title 10, United States Code, is amended as follows:

(1)

added The table of chapters at the beginning of subtitle A is amended by striking the item relating to the second chapter 19 (relating to cyber matters).

(2)

added Section 113 is amended—

(A)

added in subsection (l)(2)(F), by inserting a period after “inclusion in the armed forces”; and

(B)

added in subsection (m), by redesignating the section paragraph (8) as paragraph (9).

(3)

added The section heading for section 2691 is amended by striking “state” and inserting “State”.

(4)

added Section 3014 is amended by striking “section 4002(a) or 4003” and inserting “section 4021(a) or 4023”.

(5)

added Section 4423(e) is amended by striking “section 4003” and inserting “section 4023”.

(6)

added Section 4831(a) is amended by striking “section 4002” and inserting “section 4022”.

(7)

added Section 4833(c) is amended by striking “section 4002” and inserting “section 4022”.

(b)

added NDAA for fiscal year 2022— Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended as follows:

(1)

added Section 907(a) is amended by striking “116–283” and inserting “115–232”.

(c)

added National Defense Authorization Act for Fiscal Year 2020— Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended as follows:

(1)

added Section 905 is amended—

(A)

added in subsection (a)(2), by inserting a period at the end; and

(B)

added in subsection (d)(1), by striking “subparagraph (B)” and inserting “paragraph (2)”.

(d)

added National Defense Authorization Act for Fiscal Year 2014— Effective as of December 27, 2021, and as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended as follows:

(1)

added Section 932(c)(2)(D) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended by striking “of subsection (c)(3)” and inserting “paragraph (3)”.

(e)

added Automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries in defense laws—

(1)

added Elimination of need for separate conforming amendment— Chapter 1 of title 10, United States Code, is amended by adding at the end the following new section:

added “102. Effect of certain amendments on conforming changes to tables of sections, tables of contents, and similar tabular entries

added “(a) Automatic execution of conforming changes—When an amendment to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.

added “(b) Exceptions—Subsection (a) shall not apply to an amendment described in such subsection when—

added “(1) the amendment or a clerical amendment enacted at the same time expressly amends a table of sections, table of contents, or similar tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or

added “(2) the amendment otherwise expressly exempts itself from the operation of this section.

added “(c) Covered defense law—In this section, the term “covered defense law” means—

added “(1) this title;

added “(2) titles 32 and 37;

added “(3) any national defense authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and

added “(4) any other law designated in the text thereof as a covered defense law for purposes of application of this section.”

(2)

added Conforming amendment— The heading of chapter 1 of title 10, United States Code, is amended to read as follows:

added “1 Definitions, Rules of Construction, Cross References, and Related Matters”

(3)

added Application of amendment— Section 102 of title 10, United States Code, as added by paragraph (1), shall apply to the amendments made by this section and other amendments made by this Act.

(f)

added Coordination With Other Amendments Made by This Act— For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

Sec. 1082 Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM

added

(a)

added Establishment— The Secretary of Defense shall establish a fellowship program, which shall be known as the “Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM”, to provide scholarships and internships for eligible students with high potential talent in STEAM.

(b)

added Objectives— In carrying out the program, the Secretary shall—

(1)

added consult with institutions of higher education and relevant professional associations, nonprofit organizations, and relevant defense industry representatives on the design of the program; and

(2)

added design the program in a manner such that the program—

(A)

added increases awareness of and interest in employment in the Department of Defense among underrepresented students in the STEAM fields, particularly women of color, who are pursuing a degree in a STEAM field;

(B)

added supports the academic careers of underrepresented students, especially women of color, in STEAM fields; and

(C)

added builds a pipeline of women of color with exemplary academic achievements in a STEAM field relevant to national security who can pursue careers in national security and in areas of national need.

(c)

added Components— The fellowship program shall consist of—

(1)

added a scholarship program under subsection (d); and

(2)

added an internship program under subsection (e).

(d)

added Selection—

(1)

added In general— Each fiscal year, subject to the availability of funds, the Secretary shall seek to select at least 30 eligible students to participate in the fellowship program under this section.

(2)

added Students from minority-serving institutions and historically Black colleges and universities— The Secretary may not award fewer than 50 percent of the fellowships under this section to eligible students who attend historically Black colleges and universities and minority-serving institutions.

(3)

added Priority— In awarding scholarships under this section, the Secretary shall give priority to students who are eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).

(4)

added Scholarship—

(A)

added Award— Each fellow shall receive a scholarship for each academic year of the fellowship program.

(B)

added Amount— The amounts of scholarships awarded under this section shall not exceed—

(i)

added $10,000 per student in an academic year; and

(ii)

added $40,000 per student in the aggregate.

(C)

added Use of scholarship funds— A fellow who receives a scholarship may only use the scholarship funds to pay for the cost of attendance at an institution of higher education.

(5)

added Consideration of underrepresented students in STEAM fields— In awarding a fellowship under this section, the Secretary shall consider—

(A)

added the number and distribution of minority and female students nationally in science and engineering majors;

(B)

added the projected need for highly trained individuals in all fields of science and engineering;

(C)

added the present and projected need for highly trained individuals in science and engineering career fields in which minorities and women are underrepresented; and

(D)

added the lack of minorities and women in national security, especially in science and engineering fields in which such individuals are traditionally underrepresented.

(6)

added Student agreement— As a condition of the receipt of a scholarship under this section, a fellow shall agree—

(A)

added to maintain standard academic progress;

(B)

added to complete an internship described in subsection (e) in a manner that the Secretary determines is satisfactory; and

(C)

added upon completion of the degree that the student pursues while in the fellowship program, to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded, for a period specified by the Secretary, which shall not be longer than the period for which scholarship assistance was provided to such student.

(7)

added Enforcement of agreement— The Secretary may enforce the agreement under paragraph (6) as the Secretary determines appropriate.

(8)

added Direct hire authority— Any appointment of a fellow under paragraph (6)(C) to a position in the Federal Government shall be made without regard to the provisions of section 3304 and sections 3309 through 3318 of title 5, United States Code.

(e)

added Internship—

(1)

added In general— The Secretary shall establish an internship program that provides each student who is awarded a fellowship under this section with an internship in a an organization or element of the Department of Defense.

(2)

added Requirements— Each internship shall—

(A)

added to the extent practicable, last for a period of at least 10 weeks;

(B)

added include a stipend for transportation and living expenses incurred by the fellow during the fellowship; and

(C)

added be completed during the initial 2-year period of the fellowship.

(3)

added Mentorship— To the extent practicable, each fellow shall be paired with a mid-level or a senior-level official of the relevant organization or element of the Department of Defense who shall serve as a mentor during the internship.

(f)

added Duration and extensions—

(1)

added Duration— Each fellowship awarded under this section shall be for a period of two years.

(2)

added Extensions— Subject to this paragraphs (3) through (6), a fellow may apply for, and the Secretary may grant, a 1-year extension of the fellowship.

(3)

added Number of extensions— There shall be no limit on the number of extensions under paragraph (1) that the Secretary may grant an eligible student.

(4)

added Limitation on degrees— A fellow may use an extension of a fellowship under this section for the pursuit of not more than the following number of graduate degrees:

(A)

added Two master’s degrees, each of which must be in a STEAM field.

(B)

added One doctoral degree in a STEAM field.

(5)

added Treatment of extensions— An extension granted under this subsection does not count for the purposes of determining—

(A)

added the number of fellowships authorized to be granted for a year under subsection (d)(1); or

(B)

added the percentage of fellowships granted to eligible students for a year, as determined under subsection (d)(2).

(6)

added Extension requirements— A fellow may receive an extension under this subsection only if—

(A)

added the fellow is in good academic standing with the institution of higher education in which the fellow is enrolled;

(B)

added the fellow has satisfactorily completed an internship under subsection (e); and

(C)

added the fellow is currently enrolled full-time at an institution of higher education and pursuing, in a STEAM field—

(i)

added a bachelor’s degree;

(ii)

added a master’s degree; or

(iii)

added a doctoral degree.

(g)

added Limitation on administrative costs— For each academic year, the Secretary may use not more than 5 percent of the funds made available to carry out this section for administrative purposes, including for purposes of—

(1)

added outreach to institutions of higher education to encourage participation in the program; and

(2)

added promotion of the program to eligible students.

(h)

added Administration of program— The Secretary may appoint a lead program officer to administer the program and to market the program among students and institutions of higher education.

(i)

added Reports— Not later than 2 years after the date on which the first fellowship is awarded under this section, and each academic year thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report containing—

(1)

added a description and analysis of the demographic information of students who receive fellowships under this section, including information with respect to such students regarding—

(A)

added race, in the aggregate and disaggregated by the same major race groups as the decennial census of the population;

(B)

added ethnicity;

(C)

added gender identity;

(D)

added eligibility to receive a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); and

(E)

added in the case of graduate students, whether the students would be eligible to receive a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) if they were studying at the undergraduate level;

(2)

added an analysis of the effects of the program;

(3)

added a description of—

(A)

added the total number of students who obtain a degree with fellowship funds each year; and

(B)

added the type and total number of degrees obtained by fellows; and

(4)

added recommendations for changes to the program and to this section to ensure that women of color are being effectively served by such program.

(j)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Help, Education, Labor, and Pensions of the Senate; and

(C)

added the Committee on Education and Labor of the House of Representatives.

(2)

added The term cost of attendance has the meaning given that term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087II).

(3)

added The term eligible student means an individual who—

(A)

added submits an application for a fellowship under this section;

(B)

added is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in either the third or fourth year of a four-year academic program; and

(C)

added is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in an institution of higher education on at least a half-time basis.

(4)

added The term fellow means a student that was selected for the fellowship program under subsection (d).

(5)

added The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

(6)

added The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(7)

added The term minority-serving institution means an institution specified in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

(8)

added The term STEAM means science, technology, engineering, arts, and mathematics.

(9)

added The term underrepresented student in a STEAM field means a student who is a member of a minority group for which the number of individuals in such group who receive bachelor’s degrees in STEAM fields per 10,000 individuals in such group is substantially fewer than the number of White, non-Hispanic individuals who receive bachelor’s degrees in STEAM fields per 10,000 such individuals.

Sec. 1083 Combating military reliance on Russian energy

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added reliance on Russian energy poses a critical challenge for national security activities in area of responsibility of the United States European Command; and

(2)

added in order to reduce the vulnerability of United States military facilities to disruptions caused by reliance on Russian energy, the Department of Defense should establish and implement plans to reduce reliance on Russian energy for all main operating bases in area of responsibility of the United States European Command.

(b)

added Eliminating use of Russian energy— It shall be the goal of the Department of Defense to eliminate the use of Russian energy on each main operating base in the area of responsibility of the United States European Command by not later than five years after the date of the completion of an installation energy plan for such base, as required under this section.

(c)

added Installation energy plans for main operating bases—

(1)

added Identification of installations— Not later than June 1, 2023, the Secretary of Defense shall submit to the congressional defense committees a list of main operating bases within the area of responsibility of the United States European Command ranked according to mission criticality and vulnerability to energy disruption.

(2)

added Submittal of plans— Not later than 12 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees—

(A)

added an installation energy plan for each main operating base on the list submitted under paragraph (1); and

(B)

added an assessment of the feasibility of reaching the goal for the elimination of the use of Russian energy pursuant to subsection (b) on that base, including—

(i)

added a description of the steps that would be required to meet such goal; and

(ii)

added an analysis of the effects such steps would have on the national security of the United States.

(d)

added Content of plans— Each installation energy plan for a main operating base shall include each of the following with respect to that base:

(1)

added An assessment of the energy resilience requirements, resiliency gaps, and energy-related cybersecurity requirements of the base, including with respect to operational technology, control systems, and facilities-related control systems.

(2)

added An identification of investments in technology required to improve energy resilience, reduce demand, strengthen energy conservation, and support mission readiness.

(3)

added An identification of investments in infrastructure, including microgrids, required to strengthen energy resilience and mitigate risk due to grid disturbance.

(4)

added Recommendations related to opportunities for the use of renewable energy, clean energy, nuclear energy, and energy storage projects to reduce dependence on natural gas.

(5)

added An assessment of how the requirements and recommendations included pursuant to paragraphs (2) through (4) interact with the energy policies of the country where the base is located, both at present and into the future.

(e)

added Implementation of plans—

(1)

added Deadline for implementation— Not later than 30 days after the date on which the Secretary submits an installation energy plan for a base under subsection (c)(2), the Secretary shall—

(A)

added begin implementing the plan; and

(B)

added provide to the congressional defense committees a briefing on the contents of the plan and the strategy of the Secretary for implementing the mitigation measures identified in the plan.

(2)

added Prioritization of certain projects— In implementing an installation energy plan for a base under this section, the Secretary shall prioritize projects requested under section 2914 of title 10, United States Code, to mitigate assessed risks and improve energy resilience, energy security, and energy conservation at the base.

(3)

added Nonapplication of certain other authorities— Subsection (d) of section 2914 of title 10, United States Code, shall not apply with respect to any project carried out pursuant to this section or pursuant to an installation energy plan for a base under this section.

(f)

added Policy for future bases— The Secretary of Defense shall establish a policy to ensure that any new military base in the area of responsibility of the United States European Command is established in a manner that proactively includes the consideration of energy security, energy resilience, and mitigation of risk due to energy disruption.

(g)

added Annual congressional briefings— The Secretary of Defense shall provide to the congressional defense committees annual briefings on the installation energy plans required under this section. Such briefings shall include an identification of each of the following:

(1)

added The actions each main operating base is taking to implement the installation energy plan for that base.

(2)

added The progress that has been made toward reducing the reliance of United States bases on Russian energy.

(3)

added The steps being taken and planned across the future-years defense program to meet the goal of eliminating reliance on Russian energy.

Sec. 1084 Commission on Civilian Harm

added

(a)

added Establishment— There is hereby established a commission, to be known as the “Commission on Civilian Harm” (in this section referred to as the “Commission”).

(b)

added Responsibilities—

(1)

added General responsibilities— The Commission shall carry out a study of the following:

(A)

added Civilian harm resulting from, or incidental to, the use of force by the United States Armed Forces that occurred during the period of inquiry.

(B)

added The policies, procedures, rules, and regulations of the Department of Defense for the prevention of, mitigation of, and response to civilian harm that were in effect during the period of inquiry.

(2)

added Particular duties— In carrying out the general responsibilities of the Commission under paragraph (1), the Commission shall carry out the following:

(A)

added Conduct an investigation into the record of the United States with respect to civilian harm during the period of inquiry, including by investigating a representative sample of incidents of civilian harm that occurred where the United States used military force (including incidents confirmed by media and civil society organizations and dismissed by the Department of Defense) by conducting hearings, witness interviews, document and evidence review, and site visits, when practicable.

(B)

added Identify the recurring causes of civilian harm, as well as the factors contributing to civilian harm, resulting from the use of force by United States Armed Forces during the period of inquiry and assess whether such causes and factors could be addressed and, if so, whether they were resolved.

(C)

added Assess the extent to which the United States Armed Forces have implemented the recommendations of Congress, the Department of Defense, other Government agencies, or civil society organizations, or the recommendations contained in studies sponsored or commissioned by the United States Government, with respect to the protection of civilians and efforts to minimize, investigate, and respond to civilian harm resulting from, or incidental to, United States military operations.

(D)

added Assess the responsiveness of the Department of Defense to incidents of civilian harm and the practices for responding to such incidents, including—

(i)

added assessments;

(ii)

added investigations;

(iii)

added acknowledgment; and

(iv)

added the provision of compensation payments, including the use of congressionally authorized ex gratia payments, assistance, and other responses.

(E)

added Assess the extent to which the United States Armed Forces comply with the rules, procedures, policies, memoranda, directives, and doctrine of the Department of Defense for preventing, mitigating, and responding to civilian harm.

(F)

added Assess the extent to which the policies, protocols, procedures, and practices of the Department of Defense for preventing, mitigating, and responding to civilian harm comply with applicable international humanitarian law, applicable international human rights law, and United States law, including the Uniform Code of Military Justice.

(G)

added Assess incidents of civilian harm that occurred, or allegedly occurred, during the period of inquiry, by—

(i)

added determining whether any such incidents were concealed, and if so by assessing the actions taken to conceal;

(ii)

added assessing the policies and procedures for whistle-blowers to report such incidents;

(iii)

added determining the extent of the responsiveness and effectiveness of Inspector General oversight, as applicable, regarding reports of incidents of civilian harm; and

(iv)

added assessing the accuracy of the United States Government public civilian casualty estimates.

(H)

added Assess the short-, medium-, and long-term consequences of incidents of civilian harm that occurred during the period of inquiry on—

(i)

added the affected communities, including humanitarian consequences;

(ii)

added the strategic interests of the United States; and

(iii)

added the foreign policy goals and objectives of the United States.

(I)

added Assess the extent to which the Department of Defense Instruction on Responding to Civilian Harm in Military Operations, as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 134 note), addresses issues identified during the investigation of the Commission and what further measures are needed to address issues that the Commission identifies during its operations.

(J)

added Assess the extent to which United States diplomatic goals and objectives were affected by the incidents of civilian harm during the period of inquiry.

(c)

added Authorities—

(1)

added Security clearances— The appropriate Federal departments or agencies shall cooperate with the Commission in expeditiously providing to the members and staff of the Commission appropriate security clearances, to the extent possible, pursuant to existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances.

(2)

added Hearings and evidence— The Commission or, on the authority of the Commission, any portion thereof, may, for the purpose of carrying out this section—

(A)

added hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, or such portion thereof, may determine advisable; and

(B)

added provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission, or such portion thereof, may determine advisable.

(3)

added Inability to obtain documents or testimony— In the event that the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the congressional defense committees and appropriate investigative authorities.

(4)

added Access to information— The Commission may secure directly from the Department of Defense any information or assistance that the Commission considers necessary to enable the Commission to carry out the requirements of this section. Upon receipt of a request of the Commission for information or assistance, the Secretary of Defense shall furnish such information or assistance expeditiously to the Commission. Whenever information or assistance requested by the Commission is unreasonably refused or not provided, the Commission shall report the circumstances to Congress without delay.

(d)

added Composition—

(1)

added Number and appointment— The Commission shall be composed of 12 members who are civilian individuals not employed by the Federal Government.

(2)

added Membership— The members shall be appointed as follows:

(A)

added The Majority Leader and the Minority Leader of the Senate shall each appoint one member.

(B)

added The Speaker of the House of Representatives and the Minority Leader shall each appoint one member.

(C)

added The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member.

(D)

added The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member.

(E)

added The Chair and the Ranking Member of the Committee on Appropriations of the Senate shall each appoint one member.

(F)

added The Chair and Ranking Member of the Committee on Appropriations of the House of Representatives shall each appoint one member.

(3)

added Chair and Vice Chair— The Commission shall elect a Chair and Vice Chair from among its members.

(4)

added Deadline for appointment— Members shall be appointed to the Commission under paragraph (1) not later than 90 days after the date of the enactment of this Act.

(5)

added Nongovernmental appointees— An individual appointed to serve as a member of the Commission may not be an officer or employee of the Federal Government or of any State or local government or a member of the United States Armed Forces serving on active duty.

(e)

added Meetings—

(1)

added Initial meeting— The Commission shall meet and begin the operations of the Commission not later than 120 days after the date of the enactment of this Act.

(2)

added Quorum; vacancies— After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. Five members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.

(f)

added Staffing—

(1)

added Appointment and compensation— The Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2)

added Personnel— The Commission shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions set forth in such section, except to the extent that such conditions would be inconsistent with the requirements of this section.

(3)

added Personnel as Federal employees—

(A)

added In general— The staff director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

(B)

added Members of Commission— Subparagraph (A) shall not be construed to apply to members of the Commission.

(4)

added Qualifications— Commission personnel should have experience and expertise in areas including—

(A)

added international humanitarian law;

(B)

added human rights law;

(C)

added investigations;

(D)

added humanitarian response;

(E)

added United States military operations;

(F)

added national security policy;

(G)

added the languages, histories, and cultures of regions that have experienced civilian harm during the period of inquiry; and

(H)

added other such areas the members of the Commission determine necessary to carry out the responsibilities of the Commission under subsection (b).

(5)

added Contracting— The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section.

(6)

added Consultant services— The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(g)

added Reports—

(1)

added Interim report— Not later than June 1, 2024, the Commission shall submit to the appropriate congressional committees an interim report on the study referred to in subsection (b)(1), including the results and findings of such study as of that date.

(2)

added Other reports— The Commission may, from time to time, submit to the appropriate congressional committees such other reports on such study as the Commission considers appropriate.

(3)

added Final report— Not later than two years after the date of the appointment of all of the members of the Commission under subsection (d), the Commission shall submit to the appropriate congressional committees a final report on such study. The report shall include—

(A)

added the findings of the Commission; and

(B)

added recommendations based on the findings of the Commission to improve the prevention, mitigation, assessment, and investigation of incidents of civilian harm.

(4)

added Public availability— The Commission shall make publicly available on an appropriate internet website an unclassified version of each report submitted by the Commission under this subsection and shall ensure that such versions are minimally redacted only for legitimately classified information.

(h)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees;

(B)

added the Committee on Foreign Affairs, the Committee on Oversight and Reform, the Committee on Transportation and Infrastructure, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(C)

added the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.

(2)

added The term “civilian harm” means—

(A)

added the death or injury of a civilian; or

(B)

added destruction of civilian property.

(3)

added The term “period of inquiry” means the period beginning on the date of the enactment of the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023.

Sec. 1085 Department of Defense Center for Excellence in Civilian Harm Mitigation

added

(a)

added Center for Excellence in Civilian Harm Mitigation—

(1)

added In general— Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section:

added “184. Center for Excellence in Civilian Harm Mitigation

added “(a) Establishment—The Secretary of Defense shall operate a Center for Excellence in Civilian Harm Mitigation. The purpose of the center shall be to institutionalize and advance knowledge, practices, and tools for preventing, mitigating, and responding to civilian harm.

added “(b) Purpose—The Center shall be used to—

added “(1) develop more standardized civilian-harm operational reporting and data management processes to improve data collection, sharing, and learning to enable the Department of Defense to better learn from disparate investigations and events;

added “(2) develop, recommend, and review guidance, and the implementation of guidance, on how the Department responds to civilian harm;

added “(3) develop recommended guidance for addressing civilian harm across the full spectrum of armed conflict and for use in doctrine and operational plans;

added “(4) develop and recommend training and exercises for the prevention and investigation of civilian harm;

added “(5) develop a repository of civilian casualty and civilian harm information; and

added “(6) perform such other functions as the Secretary of Defense may specify.

added “(c) Annual report—The Secretary of Defense shall submit to the congressional defense committees, and make publicly available on an appropriate website of the Department, an annual report on the activities of the Center.”

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 183a the following new item:

(b)

added Deadline for establishment— The Center for Excellence in Civilian Harm Mitigation, as required under section 184 of title 10, United States Code, as added by subsection (a), shall be established by not later than 90 days after the date of the enactment of this Act.

(c)

added Report to Congress— Not later than 90 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 establishment of such Center for Excellence in Civilian Harm Mitigation.

Sec. 1086 Sense of Congress regarding naming a warship the USS Fallujah

added

added It is the sense of Congress that the Secretary of the Navy should name a warship the “USS Fallujah”.

Sec. 1087 Standardization of sectional barge construction for Department of Defense use on rivers and intercoastal waterways

added

added The Secretary of Defense shall ensure that any sectional barge used by the Department of Defense—

(1)

added is built to a design that has been reviewed and approved, to the extent possible, by the American Bureau of Shipping, for the intended barge service, and using the rule set of the American Bureau of Shipping for building and classing steel vessels for service on rivers and intercoastal waterways; and

(2)

added has a deck design that provides for a minimum concentrated load capacity of 10,000 pounds per square foot.

Sec. 1088 Sense of Congress regarding naming warships after deceased Navy Medal of Honor recipients

added

added It is the sense of Congress that the Secretary of the Navy should name warships after deceased Navy recipients of the Medal of Honor from World War I to the present, who have not had a vessel named in their honor, as follows:

(1)

added Tedford H. Cann.

(2)

added Ora Graves.

(3)

added John MacKenzie.

(4)

added Patrick McGunigal.

(5)

added John H. Balch.

(6)

added Joel T. Boone.

(7)

added Jesse W. Covington.

(8)

added Edouard Izac.

(9)

added David E. Hayden.

(10)

added Alexander G. Lyle.

(11)

added Francis E. Ormsbee, Jr.

(12)

added Orlando H. Petty.

(13)

added Oscar Schmidt, Jr.

(14)

added Daniel A. J. Sullivan.

(15)

added Frank M. Upton.

(16)

added John O. Siegel.

(17)

added Henry Breault.

(18)

added Thomas J. Ryan.

(19)

added George R. Cholister.

(20)

added Thomas Eadie.

(21)

added William R. Huber.

(22)

added William Badders.

(23)

added James H. McDonald.

(24)

added John Mihalowski.

(25)

added Samuel G. Fuqua.

(26)

added William E. Hall.

(27)

added Herbert Schonland.

(28)

added Nathan G. Gordon.

(29)

added Arthur M. Preston.

(30)

added Eugene B. Fluckey.

(31)

added Robert Bush.

(32)

added Rufus G. Herring.

(33)

added Franklin J. Pierce.

(34)

added George L. Street.

(35)

added George E. Wahlen.

(36)

added William L. McGonagle.

Sec. 1089 Sense of Congress regarding the service and crew of the USS Oklahoma City

added

(a)

added Findings— Congress makes the following findings:

(1)

added The USS Oklahoma City is a nuclear-powered fast attack submarine named after Oklahoma City, the capital and most populous city in Oklahoma, and is the second ship in the history of the Navy to bear that name.

(2)

added The motto of the USS Oklahoma City is “The Sooner, The Better”, which is a testament to both the spirit of the people of Oklahoma City and the readiness of the 140-person crew of the USS Oklahoma City.

(3)

added The USS Oklahoma City was christened and launched on November 2, 1985, sponsored by Linda M. Nickles, and was commissioned for service on July 9, 1988, with Commander Kevin John Reardon as the first commanding officer of the submarine.

(4)

added Since the commissioning of the USS Oklahoma City, the USS Oklahoma City has traveled around the globe multiple times and has served in the Mediterranean, the Persian Gulf, the Pacific, and, most recently, Apra Harbor, Guam.

(5)

added In the aftermath of the April 19, 1995, bombing of the Alfred P. Murrah Federal Building in Oklahoma City, the crew of the USS Oklahoma City donated blood in support of the victims of the deadliest act of home- grown terrorism in the history of the United States, which resulted in the deaths of 168 individuals.

(6)

added The USS Oklahoma City was the first Navy submarine to transition from navigation using paper charts to an all-electronic navigation suite.

(7)

added On Friday, May 20, 2022, the inactivation ceremony for the USS Oklahoma City was held in Puget Sound Naval Shipyard to honor nearly 34 years of service.

(8)

added Throughout the career of the USS Oklahoma City, the USS Oklahoma City supported a range of missions, including anti-surface warfare, anti-submarine warfare, targeted strike missions, and intelligence, surveillance, and reconnaissance missions.

(b)

added Sense of Congress— Congress recognizes the service of the Los Angeles-class attack submarine the USS Oklahoma City and the crew of the USS Oklahoma City, who served the United States with valor and bravery.

Sec. 1090 Target date for deployment of 5G wireless broadband infrastructure at all military installations

added

(a)

added Target required— The Secretary of Defense shall—

(1)

added establish a target date by which the Secretary plans to deploy 5G wireless broadband infrastructure at all military installations; and

(2)

added establish metrics, which shall be identical for each of the military departments, to measure progress toward reaching the target required by paragraph (1).

(b)

added Annual report— The Secretary shall submit to the congressional defense committees and annual report that includes—

(1)

added the metrics in use pursuant to subsection (a)(2); and

(2)

added the progress of the Secretary in reaching the target required by subsection (a)(1).

(c)

added Termination— No report shall be required under subsection (b) after the date that is five years after the date of the enactment of this Act.

Sec. 1091 Inclusion of Air Force student pilots in personnel metrics for establishing and sustaining dining facilities at Air Education and Training Commands

added

added The Secretary of the Air Force shall revise the personnel metrics with respect to establishing and sustaining dining facilities at Air Education and Training Commands in the United States to include Air Force student pilots.

Sec. 1092 Sense of Congress regarding conduct of international naval review on July 4, 2026

added

(a)

added Finding— Congress finds that July 4, 2026, is the 250th birthday of the United States of America.

(b)

added Sense of Congress— It is the sense of Congress that the Navy should conduct an international naval review on July 4, 2026.

Sec. 1093 Sense of Congress regarding crisis at the Southwest border

added

(a)

added Findings— Congress makes the following findings:

(1)

added Noncitizens with criminal convictions are routinely encountered at ports of entry and between ports of entry on the Southwest land border.

(2)

added Some of the inadmissible individuals encountered on the southwest border are known or suspected terrorists.

(3)

added Transnational criminal organizations routinely move illicit drugs, counterfeit products, and trafficked humans across the Southwest land border.

(b)

added Sense of Congress— It is the sense of Congress that—

(1)

added the current level of illegal crossings and trafficking on the Southwest border represents a national security threat;

(2)

added the Department of Defense has rightly contributed personnel to aid the efforts of the United States Government to address the crisis at the Southwest border;

(3)

added the National Guard and active duty members of the Armed Forces are to be commended for their hard work and dedication in their response to the crisis at the Southwest land border; and

(4)

added border security is a matter of national security and the failure to address the crisis at the Southwest border introduces significant risk to the people of the United States.

Sec. 1094 National Commission on the Future of the Navy

added

(a)

added National Commission on the Future of the Navy—

(1)

added Establishment— There is established the National Commission on the Future of the Navy (in this section referred to as the “Commission”).

(2)

added Membership—

(A)

added Composition— The Commission shall be composed of eight members, of whom—

(i)

added two shall be appointed by the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and one whom shall not be;

(ii)

added two shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a Member of the Senate and one whom shall not be;

(iii)

added two shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one whom shall not be; and

(iv)

added two shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one whom shall not be.

(B)

added Appointment date— The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act.

(C)

added Effect of lack of appointment by appointment date— If one or more appointments under subparagraph (A)(i) is not made by the appointment date specified in subparagraph (B), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. If an appointment under subparagraph (A)(ii), (iii), (iv), or (v) is not made by the appointment date specified in subparagraph (B), the authority to make an appointment under such subparagraph shall expire, and the number of members of the Commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph.

(D)

added Expertise— In making appointments under this subsection, consideration should be given to individuals with expertise in naval policy and strategy, naval forces capability, naval nuclear weapons, Naval force structure design, organization, and employment, shipbuilding, and shipbuilding infrastructure.

(3)

added Period of appointment; vacancies— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4)

added Chair and vice chair— The Commission shall select a Chair and Vice Chair from among its members.

(5)

added Initial meeting— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its initial meeting.

(6)

added Meetings— The Commission shall meet at the call of the Chair.

(7)

added Quorum— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(b)

added Duties of the Commission—

(1)

added Study on naval force structure—

(A)

added In general— The Commission shall undertake a comprehensive study of the structure of the Navy and policy assumptions related to the size and force mixture of the Navy, in order—

(i)

added to make recommendations on the size and force mixture of ships; and

(ii)

added to make recommendations on the size and force mixture of naval aviation;

(B)

added Considerations— In undertaking the study required by paragraph (1), the Commission shall carry out each of the following:

(i)

added An evaluation and identification of a structure for the Navy that—

(I)

added has the depth and scalability to meet current and anticipated requirements of the combatant commands;

(II)

added assumes three different funding levels of 2023 appropriated plus inflation; 2023 appropriated with 3-5 percent real growth; and unconstrained to meet the needs for war in the area of responsibility of United States Indo-Pacific Command and the area of responsibility of United States European Command;

(III)

added ensures that the Navy has the capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States;

(IV)

added provides for sufficient numbers of members of the Navy to ensure a 115 percent manning level of all deployed ships, similar to United States Special Operations Command;

(V)

added recommends a peacetime rotation force operational tempo goals;

(VI)

added recommends forward stationing requirements; and

(VII)

added manages strategic and operational risk by making tradeoffs among readiness, efficiency, effectiveness, capability, and affordability.

(ii)

added An evaluation and identification of combatant command demand and fleet size, including recommendations to support a balance of—

(I)

added readiness;

(II)

added training;

(III)

added routine ship maintenance;

(IV)

added personnel;

(V)

added forward presence; and

(VI)

added depot level ship maintenance.

(iii)

added A detailed review of the cost of the recapitalization of the Nuclear Triad in the Department of Defense and its effect on the Navy’s budget.

(iv)

added A review of Navy personnel policies and training to determine changes needed across all personnel activities to improve training effectiveness and force tactical readiness and reduce operational stress.

(2)

added Study on shipbuilding and innovation—

(A)

added In general— The Commission shall conduct a detail study on shipbuilding, shipyards, and integrating advanced information technologies such as augmented reality an artificial intelligence on the current fleet.

(B)

added Considerations— In conducting the study required by subparagraph (A), the Commission shall consider the following:

(i)

added Recommendations for specific changes to the Navy’s Shipyard Infrastructure Optimization Program, to include legislative changes to providing a multi-year appropriation; additionally provides recommendations for bringing into the shipyards innovative technology companies as part of the overall modernization effort.

(ii)

added Recommendations for changes to the ship design and build program, to reduce risk, reduce cost, accelerate build timelines, and takes an incremental approach to change in future ship building.

(iii)

added Recommendations for changes to the ship depot maintenance program in order to reduce overhaul timelines, integrate current technologies into ships, and reduces costs.

(3)

added Report— Not later than July 1, 2024, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives an unclassified report, with classified annexes if necessary, that includes the findings and conclusions of the Commission as a result of the studies required by paragraphs (1) and (2), together with its recommendations for such legislative actions as the Commission considers appropriate in light of the results of the studies.

(c)

added Powers of the Commission—

(1)

added Hearings— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section.

(2)

added Information from Federal agencies— The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission.

(3)

added Postal services— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d)

added Commission personnel matters—

(1)

added Compensation of members— Each member of the Commission who is not an officer or employee of the Federal Government may be compensated at a rate not to exceed the daily equivalent of the annual rate of $155,400 for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States or Members of Congress shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(2)

added Travel expenses— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(3)

added Staff—

(A)

added In general— The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(B)

added Compensation— The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(4)

added Detail of government employees— Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(5)

added Procurement of temporary and intermittent services— The Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

(e)

added Termination of the Commission—

(1)

added In general— The Commission shall terminate on the date that is five years after the date of the enactment of this Act.

(2)

added Inapplicability of termination requirement under FACA— Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.

Sec. 1095 Transfer of aircraft to other departments for wildfire suppression and other purposes

added

added Section 1098(c)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66) is amended by inserting “, search and rescue, or emergency operations pertaining to wildfires” after “purposes”.

Sec. 1096 National Museum of Intelligence and Special Operations

added

(a)

added Recognition— The privately-funded museum to honor the intelligence community and special operations forces that is planned to be constructed in Ashburn, Virginia, may be recognized, upon completion, as the “National Museum of Intelligence and Special Operations”.

(b)

added Purposes— The purpose of recognizing the National Museum of Intelligence and Special Operations under subsection (a) are to—

(1)

added commemorate the members of the intelligence community and special operations forces who have been critical to securing the Nation against enemies of the United States for nearly a century;

(2)

added preserve and support the historic role that the intelligence community and special operations forces have played, and continue to play, both in secrecy as well as openly, to keep the United States and its values and way of life secure; and

(3)

added foster a greater understanding of the intelligence community and special operations forces to ensure a common understanding, dispel myths, recognize those who are not otherwise able to be publicly recognized, and increase science, technology, engineering, and math education through museum programs designed to promote more interest and greater diversity in recruiting with respect to the intelligence and special operations career field.

Sec. 1101 One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas

added

added Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1112 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is further amended by striking “through 2022” and inserting “through 2023”.

Sec. 1102 One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone

added

added Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1114 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81), is further amended by striking “2023” and inserting “2024”.

Sec. 1103 Standardized credentials for law enforcement officers of the Department of Defense

added

(a)

added Standardized credentials required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

added develop a standardized identification credential for Defense law enforcement officers;

(2)

added issue such credential to each such officer at no cost to such officer; and

(3)

added ensure that any Department of Defense common access card issued to such an officer clearly identifies the officer as a Defense law enforcement officer.

(b)

added Defense law enforcement officer defined— In this section, the term “Defense law enforcement officer” means a member of the Armed Forces or civilian employee of the Department of Defense who—

(1)

added is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law;

(2)

added has statutory powers of arrest or apprehension under section 807(b) of title 10, United States Code (article 7(b) of the Uniform Code of Military Justice); and

(3)

added is authorized by the Department to carry a firearm.

Sec. 1104 Temporary extension of authority to provide security for former Department of Defense officials

added

added During the period beginning on the date of enactment of this Act and ending on January 1, 2024, subsection (b) of section 714 of title 10, United States Code, shall be applied—

(1)

added in paragraph (1)(A), by substituting “a serious and credible threat” for “an imminent and credible threat”;

(2)

added in paragraph (2)(B), by substituting “three years” for “two years”; and

(3)

added in paragraph (6)(A), by substituting—

(A)

added “congressional leadership and the congressional defense committees” for “the congressional defense committees”; and

(B)

added by substituting “the justification for such determination, scope of the protection, and the anticipated cost and duration of such protection” for “the justification for such determination”.

Sec. 1105 Increase in positions eligible for enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories

added

(a)

added In general— Section 4094(e)(2) of title 10, United States Code, is amended by striking “five” and inserting “ten”.

(b)

added Application— The amendment made by subsection (a) shall take effect immediately after section 851(a).

Sec. 1106 GAO Report on Federal Employee Paid Leave Act

added

(a)

added In general— Not later than January 1, 2024, the Comptroller General shall submit, to the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives, a report on the implementation of the Federal Employee Paid Leave Act (subtitle A of title LXXVI of division F of Public Law 116–92), the Paid Parental Leave Technical Corrections Act of 2020 (section 1103 of Public Law 116–283, and the amendments made by such Acts.

(b)

added Contents— The report under subsection (a) shall review, assess, and provide recommendations, as appropriate, on the following:

(1)

added Any data collected or used by the Office of Personnel Management on the use of paid parental leave provided by such Acts and the amendments made by such Acts.

(2)

added Office of Personnel Management and Federal agencies’ efforts to make employees aware of paid parental leave under such Acts and the amendments made by such Acts, address any obstacles to the use of paid parental leave, and monitor the impact of such Acts and the amendments made by such Acts on hiring, recruitment, and retention of employees.

Sec. 1107 Inflation bonus pay for certain Department of Defense civilian employees

added

(a)

added General Schedule and other employees—

(1)

added Bonus— On the first day of the first pay period beginning on or after January 1, 2023, and on the first day of each of the months of February through December in calendar year 2023, the Secretary of Defense shall pay a bonus to each civilian employee of the Department of Defense who—

(A)

added is under the General Schedule and has an annual rate of basic pay equal to $45,000 or less; or

(B)

added is within the civil service (as that term is defined in section 2101 of title 5, United States Code), is not under the General Schedule or the Federal Wage System, and has an annual rate of basic pay equal to $45,000 or less.

(2)

added Amount— The monthly bonus paid under paragraph (1) to an employee shall be in an amount equal to 2.4 percent of the annual rate of basic pay in effect for such employee on the first day of such pay period.

(b)

added Federal Wage System employees—

(1)

added Bonus— On the first day that the wage survey adjustment for fiscal year 2023 takes effect in October of that fiscal year, and on and the first day of each of the months of November through September of such fiscal year, the Secretary of Defense shall pay a bonus to each civilian employee of the Department of Defense who—

(A)

added is a prevailing rate employee under the Federal Wage System; and

(B)

added has an annual rate of basic pay equal to $45,000 or less.

(2)

added Amount— The monthly bonus paid under paragraph (1) to an employee shall be in an amount equal to 2.4 percent of the annual rate of basic pay in effect for such employee on the first day that such adjustment takes effect.

(c)

added Limitations— A bonus under subsection (a) or (b)—

(1)

added may not be paid after December 1, 2023, or September 1, 2023, respectively; and

(2)

added shall not be considered to be basic pay of an employee for any purpose.

Sec. 1108 Flexible workplace programs

added

added Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that each Secretary of a military department modifies any guidance relating to flexible workplace programs to ensure that maximum practicable flexibility is allowed to permit employees to perform all or a portion of the duties of such employees—

(1)

added at a telecommuting center established pursuant to statute; or

(2)

added through the use of flexible workplace services agreements.

Sec. 1201 Modifications to annual reports on security cooperation

added

(a)

added Defense institution capacity building— Section 332(b)(2) of title 10, United States Code, is amended—

(1)

added by striking “quarter” each place it appears; and

(2)

added by striking “Each fiscal year” and inserting “Not later than February 1 of each year”.

(b)

added Annual report on security cooperation activities— Section 386 of title 10, United States Code, is amended to read as follows:

added “386. Annual report

added “(a) Annual report required—Not later than March 31 of each year, the Secretary of Defense shall submit to the appropriate congressional committees a report that sets forth, on a country-by-country basis, an overview of security cooperation activities carried out by the Department of Defense during the fiscal year preceding the fiscal year in which such report is submitted, pursuant to one or more of the authorities listed in subsection (b).

added “(b) Elements of report—Each report required under subsection (a) shall include, with respect to each country and for the entirety of the period covered by such report, the following:

added “(1) A narrative summary that provides a—

added “(A) brief overview of the primary security cooperation objectives for the activities encompassed by the report; and

added “(B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant command.

added “(2) A table that includes an aggregated amount with respect to each of the following:

added “(A) With respect to amounts made available for section 332(a) of this title, the Department of Defense cost to provide any Department personnel as advisors to a ministry of defense.

added “(B) With respect to amounts made available for section 332(b) of this title, the Department of Defense incremental execution costs to conduct activities under such section.

added “(C) With respect to section 333 of this title, the value of all programs for which notice is required by such section.

added “(D) With respect to amounts made available for section 341 of this title, the Department of Defense manpower and travel costs to conduct bi-lateral state partnership program engagements with the partner country.

added “(E) With respect to amounts made available for section 342 of this title, the Department of Defense-funded, foreign-partner travel costs to attend a regional center activity that began during the period of the report.

added “(F) With respect to amounts made available for section 345 of this title, the estimated Department of Defense execution cost to complete all training that began during the period of the report.

added “(G) With respect to amounts made available for section 2561 of this title, the planned execution cost of completing humanitarian assistance activities for the partner country that were approved for the period of the report.

added “(3) A table that includes aggregated totals for each of the following:

added “(A) Pursuant to section 311 of this title, the number of personnel from a partner country assigned to a Department of Defense organization.

added “(B) Pursuant to section 332(a) of this title, the number of Department of Defense personnel assigned as advisors to a ministry of defense.

added “(C) Pursuant to section 332(b) of this title, the number of activities conducted by the Department of Defense.

added “(D) The number of new programs carried out during the period of the report that required notice under section 333 of this title.

added “(E) With respect to section 341 of this title, the number of Department of Defense bilateral state partnership program engagements with the partner country that began during the period of the report.

added “(F) With respect to section 342 of this title, the number of partner country officials who participated in regional center activity that began during the period of the report.

added “(G) Pursuant to the authorities under sections 343, 345, 348, 349, 350 and 352 of this title, the total number of partner country personnel who began training during the period of the report.

added “(H) Pursuant to section 347 of this title, the number of cadets from the partner country that were enrolled in the Service Academies during the period of the report.

added “(I) Pursuant to amounts made available to carry out section 2561 of this title, the number of new humanitarian assistance projects funded through the Overseas Humanitarian Disaster and Civic Aid account that were approved during the period of the required report.

added “(4) A table that includes the following:

added “(A) For each person from the partner country assigned to a Department of Defense organization pursuant to section 311 of this title—

added “(i) whether the person is a member of the armed forces or a civilian;

added “(ii) the rank of the person (if applicable); and

added “(iii) the component of the Department of Defense and location to which such person is assigned.

added “(B) With respect to each civilian employee of the Department of Defense or member of the armed forces that was assigned, pursuant to section 332(a) of this title, as an advisor to a ministry of defense during the period of the report, a description of the object of the Department of Defense for such support and the name of the ministry or regional organization to which the employee or member was assigned.

added “(C) With respect to each activity commenced under section 332(b) of this title during the period of the report—

added “(i) the name of the supported ministry or regional organization;

added “(ii) the component of the Department of Defense that conducted the activity;

added “(iii) the duration of the activity; and

added “(iv) a description of the objective of the activity.

added “(D) For each program that required notice to Congress under section 333 of this title during the period of the report—

added “(i) the units of the national security forces of the foreign country to which assistance was provided;

added “(ii) the type of operational capability assisted;

added “(iii) a description of the nature of the assistance being provided; and

added “(iv) the estimated cost included in the notice provided for such assistance.

added “(E) With respect to each activity commenced under section 341 of this title during the period of the report—

added “(i) a description of the activity;

added “(ii) the duration of the activity;

added “(iii) the number of participating members of the National Guard; and

added “(iv) the number of participating personnel of the foreign country.

added “(F) With respect to each activity of a Regional Center for Security Studies commenced under section 342 of this title during the period of the report—

added “(i) a description of the activity;

added “(ii) the name of the Regional Center that sponsored the activity;

added “(iii) the location and duration of the training; and

added “(iv) the number of officials from the foreign country who participated in the activity.

added “(G) With respect to each training event that commenced under section 343, 345, 348, 349, 350, or 352 of this title during the period of the report—

added “487. Public report on military capabilities of covered countries

added “(a) Annual report—Not later than January 30 of each year through 2027, the Secretary of Defense, in consultation with the Director of National Intelligence, shall make publicly available on the internet website of the Department of Defense a report on the military capabilities of each covered country.

added “(b) Matters included—Each report under subsection (a) shall include, with respect to each covered country—

added “(1) an assessment of the grand strategy, security strategy, and military strategy, including the goals and trends of such strategies;

added “(2) an estimate of the funds spent annually on developing conventional forces, unconventional forces, and nuclear and missile forces;

added “(3) an assessment of the size and capabilities of the conventional forces;

added “(4) an assessment of the size and capability of the unconventional forces and related activities;

added “(5) with respect to the forces described in subsection (d)(3)(B), an assessment of the types and amount of support, including—

added “(A) lethal and non-lethal supplies; and

added “(B) training provided; and

added “(6) an assessment of the capabilities of the nuclear and missile forces and related activities, including—

added “(A) the nuclear weapon capabilities;

added “(B) the ballistic missile forces; and

added “(C) the development of the nuclear and missile forces since the preceding year.

added “(c) Form—Each report under subsection (a) shall be made available in unclassified form, consistent with the protection of intelligence sources and methods.

added “(d) Nonduplication of efforts—The Secretary of Defense may use or add to any existing reports completed by the Secretary of Defense or Director of National Intelligence to respond to the reporting requirement under subsection (a).

added “(e) Definitions—In this section:

added “(1) The term “conventional forces” means, with respect to a covered country, military forces designed to conduct operations in sea, air, space, cyberspace, the electromagnetic spectrum, or land, other than unconventional forces, ballistic forces, and cruise missile forces.

added “(2) The term “covered country” means each of the following:

added “(A) China.

added “(B) Iran.

added “(C) North Korea.

added “(D) Russia.

added “(3) The term “unconventional forces”, with respect to a covered country—

added “(A) means forces that carry out missions typically associated with special operations forces; and

added “(B) includes any organization that—

added “(i) has been designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or

added “(ii) has been assessed by the Secretary of Defense as being willing to act under the control or at the direction of such covered country.”

(b)

added Clerical amendment— The table of contents for chapter 23 of title 10, United States Code, is amended by inserting after the item related to section 486 the following item:

Sec. 1206 Security cooperation programs with foreign partners to advance women, peace, and security

added

(a)

added In general— Subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section:

added “353. Women, peace, and security programs

added “(a) In general—The Secretary of Defense, with the concurrence of the Secretary of State, may conduct or support security cooperation programs and activities involving the national military or national-level security forces of a foreign country or other covered personnel to advise, train, and educate such forces or such other covered personnel with respect to—

added “(1) the recruitment, employment, development, retention, promotion, and meaningful participation in decision making of women and underrepresented groups;

added “(2) sexual harassment, sexual assault, domestic abuse, and other forms of sexual and gender-based violence that disproportionately impact women and underrepresented groups;

added “(3) the integration of gender analysis into security sector policy, planning, exercises, and training;

added “(4) the requirements of women and underrepresented groups, including providing appropriate gender sensitive equipment and facilities;

added “(5) the development of educational curriculum on women, peace, and security within professional military education programming and other security forces training;

added “(6) the establishment, training, and development of gender advisory workforces within women, peace, and security programs; and

added “(7) the implementation of activities described in this subsection.

added “(b) Payment of expenses for advancement of objectives—The Secretary of Defense may pay for the travel, transportation, and subsistence expenses of national military and national-level security forces of a foreign country or other covered personnel that the Secretary considers necessary for the advancement of the objectives of this section.

added “(c) Other covered personnel defined—In this section, the term other covered personnel means personnel of—

added “(1) the ministry of defense, or a governmental entity with a similar function, of a foreign country;

added “(2) a regional organization with a security mission;

added “(3) personnel of a friendly foreign government other than personnel of national security forces; or

added “(4) personnel of a non-governmental organization.”

(b)

added Clerical amendment— The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item:

(c)

added Women, peace, and security curricula for pre-commissioning education programs and joint professional military education—

(1)

added Integration of women, peace, and security curricula— The Secretary of Defense shall develop a plan to incorporate women, peace, and security studies as a component of the core curricula of pre-commissioning education programs and joint professional military education programs to further implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2151 note), including an analysis of the resources needed to develop a standardized women, peace, and security curriculum.

(2)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report detailing the plan developed under paragraph (1).

(3)

added Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the appropriate congressional committees on the report under paragraph (2) detailing the plan developed under paragraph (1).

(4)

added Definitions— In this subsection:

(A)

added The term appropriate congressional committees means—

(i)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(ii)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

(B)

added The term joint professional military education program means a program or course of instruction established pursuant to a provision of chapter 107 of title 10, United States Code.

(C)

added The term pre-commissioning education program means a program or course of instruction established for—

(i)

added the United States Military Academy;

(ii)

added the United States Naval Academy; or

(iii)

added the United States Air Force Academy.

(d)

added Plan for development and management of gender advisor workforce—

(1)

added Plan required— The Secretary of Defense shall develop and implement a plan to standardize the role and duties of the gender advisor workforce of the Department of Defense responsible for supporting the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 22 U.S.C. 2151 note).

(2)

added Elements— The plan required by paragraph (1) shall consist of such elements relating to the development and management of the gender advisor workforce, including an assessment of—

(A)

added the funds, resources, and authorities needed to establish and develop the gender advisor role into a full-time, billeted, and resourced position across organizations within the Department of Defense, including the military departments, Armed Forces, the combatant commands, and defense agencies and field activities;

(B)

added the actions the Secretary will take to develop and standardize position descriptions of the gender advisor workforce, including gender advisors and gender focal points, across organizations within the Department;

(C)

added the Department’s existing training programs for gender advisors and gender focal points, including the creation and funding of a credentialing program for gender advisors to foster the development of a professionalized cadre of gender advisors.

(D)

added a self-assessment of the Department's progress in implementing a fully trained cadre of gender advisors appropriately placed within the Department and a plan to address any gaps or deficiencies; and

(E)

added the actions the Secretary will carry out for incorporating the total amount of expenditures and proposed appropriations necessary to support the program, projects, and activities of the gender advisor workforce into future years defense program submissions to Congress.

(3)

added Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report detailing the Secretary’s progress in implementing the plan required by paragraph (1).

(4)

added Definitions— In this subsection—

(A)

added the term appropriate congressional committees means—

(i)

added the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(ii)

added the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(B)

added the term gender advisor workforce means all gender advisors and gender focal points across the Department of Defense.

Sec. 1211 Extension and modification of the Afghan Special Immigrant Visa Program

added

added Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—

(1)

added in the heading, by striking “2022” and inserting “2023”; and

(2)

added in clause (ii), by striking “2023” and inserting “2024”.

Sec. 1212 Additional matters for inclusion in reports on oversight in Afghanistan

added

added Section 1069(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1912) is amended—

(1)

added by redesignating paragraphs (9) through (16) as paragraphs (12) through (19), respectively;

(2)

added by inserting after paragraph (8) the following new paragraphs:

added “(9) An assessment of the status of—

added “(A) defense intelligence assets dedicated to Afghanistan; and

added “(B) the ability of the United States to detect emerging threats emanating from Afghanistan against the United States and former coalition partners.

added “(10) An assessment of local or indigenous counterterrorism partners of the Department of Defense.

added “(11) An assessment of risks to the mission and risks to United States personnel involved in over-the-horizon counterterrorism options.”

(3)

added in paragraph (16), as so redesignated, by striking “Afganistan” and inserting “Afghanistan”.

Sec. 1213 Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan

added

added None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available for the operation of any aircraft of the Department of Defense to transport currency or other items of value to the Taliban, the Islamic Emirate of Afghanistan, or any subsidiary, agent, or instrumentality of either the Taliban or the Islamic Emirate of Afghanistan.

Sec. 1221 Extension of authority to provide assistance to vetted Syrian groups and individuals

added

(a)

added In general— Subsection (a) of section 1209 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act of Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3451) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

(b)

added Extension of waiver authority— Subsection (l)(3)(D) of such section is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

Sec. 1222 Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria

added

(a)

added In general— Subsection (a) of section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

(b)

added Funding— Subsection (g) of such section is amended—

(1)

added by striking “fiscal year 2022” and inserting “fiscal year 2023”; and

(2)

added by striking “$322,500,000” and inserting “$358,015,000”.

(c)

added Extension of waiver authority— Subsection (o)(5) of such section is amended by striking “December 31, 2022” and inserting “December 31, 2023”.

(d)

added Limitation on availability of funds— Of the amount of funds made available for fiscal year 2022 (and available for obligation as of the date of the enactment of this Act) and fiscal year 2023 to carry out section 1236 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the appropriate congressional committees the report required by section 1223(f) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81).

Sec. 1223 Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq

added

(a)

added Source of funds— Subsection (d) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended by striking “fiscal year 2022” and inserting “fiscal year 2023”.

(b)

added Limitation on availability of funds— 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 the Army, the Office of the Secretary of the Navy, and the Office of the Secretary of the Air Force for travel expenses, not more than 65 percent may be obligated or expended until the date on which a staffing plan for the Office of Security Cooperation in Iraq is completed.

Sec. 1224 Extension and modification of report on the military capabilities of Iran and related activities

added

added Subsection (a) of section 1227 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1972) is amended—

(1)

added in the matter preceding paragraph (1)—

(A)

added by inserting “and annually thereafter for 1 year” after “enactment of this Act”; and

(B)

added by inserting “, consistent with the protection of intelligence sources and methods,” after “Director of National Intelligence”; and

(2)

added in paragraph (1)(D), by inserting “Hamas, Palestinian Islamic Jihad, Popular Front for the Liberation of Palestine,” after “Lebanese Hezbollah,”.

Sec. 1225 Prohibition on transfers to Iran

added

added None of the amounts authorized to be appropriated by this Act or otherwise made available to the Department of Defense may be made available to transfer or facilitate a transfer of pallets of currency, currency, or other items of value to the Government of Iran, any subsidiary of such Government, or any agent or instrumentality of Iran.

Sec. 1231 Extension of limitation on military cooperation between the United States and Russia

added

added Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended by striking “2021, or 2022” and inserting “2021, 2022, or 2023”.

Sec. 1232 Modification and extension of Ukraine Security Assistance Initiative

added

(a)

added Authority to provide assistance— Subsection (a) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended by inserting “salaries and stipends, and sustainment” after “supplies and services,”.

(b)

added Availability of funds— Subsection (c) of such section is amended—

(1)

added in paragraph (1), by striking “funds available for fiscal year 2022 pursuant to subsection (f)(7)” and inserting “funds available for fiscal year 2023 pursuant to subsection (f)(8)”;

(2)

added in paragraph (3), by striking “fiscal year 2022” and inserting “fiscal year 2023”;

(3)

added in paragraph (5), by striking “Of the funds available for fiscal year 2022 pursuant to subsection (f)(7)” and inserting “Of the funds available for fiscal year 2023 pursuant to subsection (f)(8)”; and

(4)

added by adding at the end the following:

added “(6) Waiver of certification requirement—The Secretary of Defense may waive the certification requirement in paragraph (2) if the Secretary submits to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a written certification, not later than 5 days of exercising the waiver, that doing so is in the national interest of the United States due to exigent circumstances caused by the Russian invasion of Ukraine.”

(c)

added United states inventory and other sources— Subsection (d) of such section is amended—

(1)

added in paragraph (1), by inserting “, and to recover or dispose of such weapons or other defense articles, or to make available such weapons or articles to ally and partner governments to replenish comparable stocks which ally or partner governments have provided to the Government of Ukraine,” after “and defense services”; and

(2)

added by adding at the end the following:

added “(3) Congressional notification—Not later than 10 days before providing replenishment to an ally or partner government pursuant to paragraph (1), the Secretary of Defense shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing the following:

added “(A) An identification of the recipient foreign country.

added “(B) A detailed description of the articles to be provided, including the amount, dollar value, origin, and capabilities associated with the articles.

added “(C) A detailed description of the articles provided to Ukraine to be replenished, including the amount, dollar value, origin, and capabilities associated with the articles.

added “(D) The impact on United States stocks and readiness of transferring the articles.

added “(E) An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles.

added “(F) A description, including relevant dollar value amounts, of the articles provided to Ukraine by the recipient country which are being replenished.

added “(G) A certification that the transfer of the articles in the national security interest of the United States, and a justification for that determination.”

(d)

added Funding— Subsection (f) of such section is amended by adding at the end the following:

added “(8) For fiscal year 2023, $1,000,000,000.”

(e)

added Termination of authority— Subsection (h) of such section is amended by striking “December 31, 2023” and inserting “December 31, 2024”.

(f)

added Waiver of certification requirement— Such section is amended—

(1)

added by redesignating the second subsection (g) as subsection (i); and

(2)

added by adding at the end the following:

added “(j) Expedited notification requirement—Not later than 15 days before providing assistance or support under subsection (a), or as far in advance as is practicable if the Secretary of Defense determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United States, the Secretary shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a notification containing a detailed description of the assistance or support to be provided, including—

added “(1) the objectives of such assistance or support;

added “(2) the budget for such assistance or support; and

added “(3) the expected or estimated timeline for delivery of such assistance or support.”

Sec. 1233 Prohibition on availability of funds relating to sovereignty of Russia over Crimea

added

(a)

added Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended to implement any activity that recognizes the sovereignty of Russia over Crimea.

(b)

added Waiver— The Secretary of Defense, with the concurrence of the Secretary of State, may waive the restriction on the obligation or expenditure of funds required by subsection (a) if the Secretary of Defense—

(1)

added determines that to do so is in the national security interest of the United States; and

(2)

added submits a notification of the waiver, at the time the waiver is invoked, to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

Sec. 1234 Assessment of Russian strategy in Ukraine

added

(a)

added In general— 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 an assessment of the strategic, operational, and organizational strengths and weaknesses of the Russian Federation’s military strategy for the invasion and occupation of Ukraine, including an assessment of efforts and sources of leverage that could be used to exploit the weaknesses in that strategy as part of the effort to provide assistance to Ukraine.

(b)

added Matters to be included— The assessment of Russia’s military strategy required by subsection (a) shall include at a minimum a description of the following:

(1)

added Strategic strengths and weaknesses.

(2)

added Operational strengths and weaknesses.

(3)

added Organizational and logistical strengths and weaknesses.

(4)

added Strengths and weaknesses related to Russian employment of Russia’s Federal Security Service (FSB), national guard, and reserve units.

(c)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives; and

(3)

added the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

(d)

added Modification to annual report on military and security developments involving the Russian Federation— Section 1234 of the National Defense Authorization Act for Fiscal Year 2021 (134 Stat. 3936) is amended—

(1)

added in subsection (b)—

(A)

added by redesignating paragraph (24) as paragraph (25); and

(B)

added by inserting after paragraph (23) the following:

added “(24) The impacts of United States sanctions on improvements to the Russian military and its proxies, including an assessment of the impacts of the maintenance or revocation of such sanctions.”

(2)

added in subsection (e)—

(A)

added in paragraph (1), by inserting “, the Permanent Select Committee on Intelligence,” after “the Committee on Armed Services”; and

(B)

added in paragraph (2), by inserting “, the Select Committee on Intelligence,” after “the Committee on Armed Services”.

Sec. 1235 Report on efforts by the Russian Federation to expand its presence and influence in Latin America and the Caribbean

added

(a)

added Report— Not later than June 30, 2023, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence and in consultation with the heads of other appropriate Federal departments and agencies, as necessary, shall submit to the appropriate congressional committees a report that identifies efforts by the Government of the Russian Federation to expand its presence and influence in Latin America and the Caribbean through diplomatic, military, intelligence, and other means, and describes the implications of such efforts on the national defense and security interests of the United States.

(b)

added Elements— The report required by subsection (a) shall include the following:

(1)

added An identification of—

(A)

added the countries of Latin America and the Caribbean with which the Government of the Russian Federation maintains especially close diplomatic, military, and intelligence relationships;

(B)

added the number and content of strategic partnership agreements or similar agreements, including any non-public, secret, or informal agreements, that the Government of the Russian Federation has established with countries and regional organizations of Latin America and the Caribbean;

(C)

added the countries of Latin America and the Caribbean to which the Government of the Russian Federation provides foreign assistance or disaster relief (including access to COVID–19 vaccines), including a description of the amount and purpose of, and any conditions attached to, such assistance;

(D)

added recent visits by senior officials of the Government of the Russian Federation, including its state-owned or state-directed enterprises, to Latin America and the Caribbean, and visits by senior officials from Latin America and the Caribbean to the Russian Federation; and

(E)

added the existence of any defense exchanges, military or police education or training, and exercises between any military or police organization of the Government of the Russian Federation and military, police, or security-oriented organizations of countries of Latin America and the Caribbean, including port visits by the Russian Navy.

(2)

added A detailed description of—

(A)

added the impact Russia’s war in Ukraine has or may have on its diplomatic, military, and intelligence activities in Latin America and the Caribbean;

(B)

added the relationship between the Government of the Russian Federation and the Governments of Venezuela, Cuba, Nicaragua, and Bolivia;

(C)

added attempts by the Government of the Russian Federation to develop relations with the Governments of Brazil and Argentina, two countries whose leaders met with Russian President Vladimir Putin in Moscow shortly before the invasion of Ukraine;

(D)

added military installations, assets, and activities of the Government of the Russian Federation in Latin America and the Caribbean that currently exist or are planned for the future, including the size, location, and purpose of any deployed Russian Federation Armed Forces or security contractors associated with the Russian Federation;

(E)

added the purpose of and operations emanating from the Russian Federation’s operations center in Managua, Nicaragua;

(F)

added the Russian Federation’s subversion of United States sanctions on Venezuela’s oil sector;

(G)

added the Russian Federation’s involvement in the border dispute between Venezuela and Guyana;

(H)

added sales or transfers of defense articles and services by the Russian Federation to countries of Latin America and the Caribbean;

(I)

added any other form of military or security cooperation or assistance between the Government of the Russian Federation or its associated paramilitary organizations, and paramilitary organizations and countries in Latin America and the Caribbean;

(J)

added the nature, extent, and purpose of the Government of the Russian Federation’s intelligence activities in Latin America and the Caribbean;

(K)

added the role of the Government of the Russian Federation in transnational crime in Latin America and the Caribbean, including drug trafficking, money laundering, and organized crime;

(L)

added the methods by which the Government of the Russian Federation expands its influence through support to transnational criminal organizations in Latin America and the Caribbean; and

(M)

added efforts by the Government of the Russian Federation to build its media presence through government-directed disinformation, misinformation, or information warfare campaigns in Latin America and the Caribbean, including attempts to influence electoral outcomes, realize military objectives, or destabilize governments.

(3)

added An assessment of—

(A)

added the specific objectives that the Government of the Russian Federation seeks to achieve by expanding its presence and influence in Latin America and the Caribbean, including any objectives articulated in official documents or statements;

(B)

added the degree to which the Government of the Russian Federation uses its presence and influence in Latin America and the Caribbean to encourage, pressure, or coerce governments in the region to support its defense and national security goals, including policy positions taken by the Government of the Russian Federation at international institutions;

(C)

added how the Russian Federation uses multilateral organizations, in particular the Community of Latin American and Caribbean States (CELAC), a regional organization that excludes the United States, to expand its presence and influence in Latin America and the Caribbean; and

(D)

added the specific actions and activities undertaken by the Government of the Russian Federation in Latin America and the Caribbean that present the greatest threats or challenges to the United States’ defense and national security interests in the region.

(4)

added Any other matters the Secretary of State determines is appropriate.

(c)

added Form— The report required by subsection (a) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex. The report and its classified annex shall be prepared consistent with the protection of intelligence sources and methods.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees; and

(2)

added the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

Sec. 1261 Sense of Congress on United States defense posture in Europe following the further invasion of Ukraine

added

added It is the sense of Congress as follows:

(1)

added The further invasion of Ukraine presents a sea change to the security environment in Europe that requires a long-term shift in the force posture of the United States and its allies, in order to ensure the maintenance of collective deterrence. As General Milley, Chairman of the Joint Chiefs, recently noted, “We are witness to the greatest threat to peace and security of Europe and perhaps the world in my 42 years of service in uniform. The Russian invasion of Ukraine is threatening to undermine not only European peace and stability but global peace and stability. … We are at a pivot point in the geostrategic history of Europe and perhaps the globe.”.

(2)

added Adjustments to force posture in Europe must be commensurate to this challenge. Alongside allied investments, it is necessary for the United States to alter its force posture to establish additional permanently stationed and continuous rotational forces along Europe’s eastern flank. Given the current conditions, it would be untenable for the United States to seek to revert to United States force levels and positioning present in Europe before Russia’s further invasion of Ukraine, to rely solely on allied forces for further force posture enhancements, or adopt a path to transition away from investments in Europe through the European Deterrence Initiative (EDI), except for exceptional cases.

(3)

added As General Tod Wolters, Commander of U.S. European Command, has stated, investments made through EDI since 2014 have proved essential to the United States ability to respond to the Ukraine crisis, deploying units in 5 days that would have taken as long as 21 days. General Wolters further stated, “To take an Armored Brigade Combat Team and launch it from the continental United States, and put it on European turf, and have the tanks that comprise that Brigade Combat Team to shoot, move, and communicate and fire on range in one week is an amazing accomplishment. And that was facilitated by those Army Prepositioned Stocks and it was practiced in previous exercises which are part of the EDI fund. I would just say that when we demonstrated to the European community, and to the NATO community, and to the world how well we can shoot, move, and communicate and transition a large force from CONUS to Europe at that pace, it’s something that demonstrates the great value of EDI.”.

(4)

added Past decisions made by the Department of Defense and Congress about prepositioned stocks, mobility, and funding for EDI led directly to this ability to quickly reinforce the area of operations in this crisis, and EDI investments will be crucial for adaptation to the new European security environment. The Department of Defense should continue to strongly support EDI investments with a focus on adapting deterrence to the new security environment and incorporating lessons learned from the conflict in Ukraine, and it should not seek a path to EDI’s sunset.

(5)

added The United States recognizes that strong alliances and partnerships are crucial to the maintenance of United States national and global security. The NATO alliance has grown more robust and more united in response to Russia’s aggression in Ukraine. Members of NATO have announced substantial changes in their defense commitments, adopting measures to meet and exceed their Wales Pledge commitments to spend 2 percent of Gross Domestic Product on defense and increasing commitments to NATO battle group and air policing missions, while sending vital defense assistance to Ukraine. Congress commends such members of NATO for their adoption and sustainment of these efforts. Such commitments are vital to the long-term effort required to maintain deterrence in the European theater. The United States should continue to work with allies on complementary investments to establish in Europe a mature, fully integrated deterrence platform capable of responding to the expanded threat of Russian aggression and supporting NATO allies’ ongoing efforts to collectively resist direct and hybrid threats to shared values, interests, and ideals.

(6)

added The United States should also redouble efforts to assist NATO allies, particularly on Europe’s eastern periphery, in modernizing and integrating their defense capabilities taking into account lessons from Russia’s war in Ukraine, including efforts to provide artillery, MLRS, MANPADS, air defenses, and other capabilities.

(7)

added As it reinforces deterrence, the United States should recognize the acute risks now facing allies on Russia’s periphery and pursue national security investments and strategies commensurate to the challenge, including additional EDI programs, in the Black Sea, the Baltics, the Arctic, and Central Europe, in order to maintain the credibility of the “sacred obligation under Article 5 of the North Atlantic Treaty to defend every inch of NATO territory.”.

(8)

added Likewise, the United States should keep in mind the particularly significant challenges posed to non-NATO European partners and seek security strategies to continue cooperation and support their sovereign rights, while also pursuing security policies that support stability in areas of substantial malign effort such as the Western Balkans.

(9)

added The United States continues to recognize the importance of the long-term Baltic Security Initiative assistance plan that the Department of Defense is carrying out under section 333 of title 10, United States Code, and the crucial role that such investments play in deterring Russian aggression in that region.

Sec. 1262 Sense of Congress on NATO membership for Finland and Sweden

added

added It is the sense of Congress that the United States strongly supports membership for Finland and Sweden in the North Atlantic Treaty Organization (NATO).

Sec. 1301 Modification to annual report on military and security developments involving the People's Republic of China

added

added Section 1202(b) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:

(1)

added In paragraph (5)—

(A)

added in subparagraph (B)—

(i)

added by striking “A summary” and inserting “a summary”; and

(ii)

added by striking “; and” at the end and inserting a semicolon;

(B)

added in subparagraph (C), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following new subparagraph:

added “(D) the doctrine, capabilities, organization, and operational employment of the People’s Liberation Army special operations forces.”

(2)

added In paragraph (8), by adding at the end the following new subparagraph:

added “(F) Special operations capabilities.”

Sec. 1302 Sense of Congress on South Korea

added

added It is the sense of Congress that—

(1)

added South Korea continues to be a critical ally of the United States;

(2)

added the presence of United States Armed Forces in South Korea serves as a strong deterrent against North Korean military aggression and as a critical support platform for national security engagements in the Indo-Pacific region;

(3)

added the presence of approximately 28,500 members of the United States Armed Forces deployed to South Korea serves not only as a stabilizing force to the Korean peninsula but also as a reassurance to all our allies in the region; and

(4)

added the United States should continue to—

(A)

added maintain and strengthen its bilateral relationship with South Korea and with other regional allies such as Japan; and

(B)

added maintain its existing robust military presence in South Korea to deter aggression against the United States and its allies and partners.

Sec. 1303 Sense of Congress on Taiwan defense relations

added

added It is the sense of Congress that—

(1)

added the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;

(2)

added as set forth in the Taiwan Relations Act, the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means, including boycotts and embargoes, is of grave concern to the United States;

(3)

added the increasingly coercive and aggressive behavior of the People’s Republic of China toward Taiwan is contrary to the expectation of the peaceful resolution of the future of Taiwan;

(4)

added as set forth in the Taiwan Relations Act, the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan should be maintained;

(5)

added the United States should continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—

(A)

added supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including anti- ship, coastal defense, anti-armor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;

(B)

added ensuring timely review of and response to requests of Taiwan for defense articles and services;

(C)

added conducting practical training and military exercises with Taiwan that enable Taiwan to maintain a sufficient self- defense capability, as described in the Taiwan Relations Act;

(D)

added exchanges between defense officials and officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purposes of—

(i)

added enhancing cooperation on defense planning;

(ii)

added improving the interoperability of the military forces of the United States and Taiwan; and

(iii)

added improving the reserve force of Taiwan;

(E)

added identifying improvements in Taiwan’s ability to use asymmetric military capabilities to enhance its defensive capabilities, as described in the Taiwan Relations Act; and

(F)

added expanding cooperation in humanitarian assistance and disaster relief; and

(6)

added the United States should be committed to the defense of a free and open society in the face of aggressive efforts by the Government of the People’s Republic of China to curtail or influence the free exercise of rights and democratic franchise.

Sec. 1304 Sense of Congress and report on United States security cooperation with India

added

(a)

added Sense of congress— It is the sense of Congress that the United States—

(1)

added should build upon the 2016 designation of India as a Major Defense Partner of the United States by seeking to improve interoperability and actively looking for opportunities for joint military exercises; and

(2)

added should strengthen security cooperation with India in the Indian Ocean by—

(A)

added conducting high-end exercises and increasing joint training exercises;

(B)

added expanding the geographic scope of joint military activities between relevant United States commands and the Indian military in the Western Indian Ocean; and

(C)

added expanding military training programs and exercises, including humanitarian assistance and disaster relief exercises.

(b)

added Report required— Not later than March 1, 2023, the Under Secretary of Defense for Policy, in coordination with the Commander of United States Indo-Pacific Command and the Director of the Defense Security Cooperation Agency, shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report regarding—

(1)

added opportunities for deeper defense cooperation with India;

(2)

added the defense relationship between the Russian Federation and India;

(3)

added the defense relationship between the People’s Republic of China and India; and

(4)

added the defense relationship between the United States, Australia, Japan, and India.

Sec. 1305 Modification to report on resourcing United States defense requirements for the Indo-Pacific region and report on enhancing defense cooperation with allies and partners in the Indo-Pacific

added

(a)

added In general— Section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended in subsection (d)(1)(B) by amending clause (v) to read as follows:

added “(v) An assessment of security cooperation authorities, activities, or resources required to achieve such objectives.”

(b)

added Report required— Not later than 180 days after the date of the enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the appropriate congressional committees a report on the feasibility and advisability of enhancing defense cooperation with allies and partners in the Indo-Pacific region that includes the following:

(1)

added A description of relevant cooperation between key allies and leading partners in the Indo-Pacific region and the United States during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities.

(2)

added An evaluation of the feasibility of enhancing cooperation between key allies and leading partners in the Indo-Pacific region on a range of activities, including—

(A)

added interoperability and coordination;

(B)

added disaster and emergency response;

(C)

added enhancing maritime domain awareness and maritime security;

(D)

added cyber defense and communications security;

(E)

added military medical cooperation;

(F)

added virtual combined exercises and training activities;

(G)

added advancing programs for United States military advisors to assist in training the active and reserve components of key allies and leading partners in the Indo-Pacific region; and

(H)

added expanding the activities of the National Guard in the Indo-Pacific region.

(3)

added Any other matters the Commander of United States Indo-Pacific Command considers appropriate.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the congressional defense committees;

(2)

added the Committee on Foreign Affairs of the House of Representatives; and

(3)

added the Committee on Foreign Relations of the Senate.

Sec. 1306 Report on support and sustainment for critical capabilities in the area of responsibility of the United States Indo-Pacific Command necessary to meet operational requirements in certain conflicts with strategic competitors

added

(a)

added Report required—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Commander of the United States Indo-Pacific Command, in consultation with the Commander of the United States Transportation Command, the Director of the Defense Logistics Agency, and other Federal officials that the Commander of United States Indo-Pacific Command determines to be appropriate, shall submit to the appropriate congressional committees a report that describes the support and sustainment for critical capabilities in the area of responsibility of the United States Indo-Pacific Command that are necessary to meet operational requirements in a conflict with a strategic competitor of a duration that exceeds 6 months.

(2)

added Matters to be included— The report required by paragraph (1) shall include the following:

(A)

added An assessment of the posture and capabilities of the current strategic force laydown of the United States Indo-Pacific Command, including capabilities such as—

(i)

added command, control, communications, computers, cyber, intelligence, surveillance, and reconnaissance (commonly referred to as “C5ISR”) assets;

(ii)

added surface, subsurface, land, air, and space disposition and capabilities;

(iii)

added strategic long-range precision fires, missile defense, and anti-air capabilities;

(iv)

added force protection of assets and critical infrastructure;

(v)

added logistics and sustainment capabilities, including positioning, quantity, and distribution of fuels; and

(vi)

added munitions required to meet operational requirements.

(B)

added A detailed assessment of any gaps in the required capabilities described in subparagraph (A) relative to the requirements of the United States Indo-Pacific Command in both steady state and in such a conflict with a strategic competitor, including gaps in any capabilities described in the report required by section 1251(d) of the National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283).

(C)

added An assessment of measures required to mitigate the gaps described in subparagraph (B) before December 31, 2025. The assessment shall include associated costs with enhancing United States, allied, and partner military posture, basing, and sustainment infrastructure in the area of responsibility of the United States Indo-Pacific Command to best meet the operational requirements described in subparagraph (A), including in States, territories, and possessions of the United States and regional allies and partners.

(b)

added Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(c)

added Definitions— In this section—

(1)

added the term “appropriate congressional committees” means—

(A)

added the congressional defense committees; and

(B)

added the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and

(2)

added the term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge”, issued by the Department of Defense pursuant to section 113 of title 10, United States Code.

Sec. 1307 Modification to Pacific Deterrence Initiative

added

added Section 1251(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3951) is amended—

(1)

added by redesignating paragraph (2) as paragraph (3); and

(2)

added by inserting after paragraph (1) the following:

added “(2) Subsequent report—Not later than 15 days after the submission of the report required by paragraph (1) for fiscal year 2024, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a subsequent report containing a comparison of the specific cost estimates required by items (aa) through (ff) of paragraph (1)(B)(vi)(II) to the funding provided in the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for such items for such fiscal year.”

Sec. 1308 Seize the Initiative

added

(a)

added In general— There shall be established in the Department of Defense an initiative, to be known as the “Seize The Initiative Fund” (referred to in this section as the “Fund”), for the use of the Commander of United States Indo-Pacific Command to increase the ability of covered Armed Forces to respond to contingencies in the Indo-Pacific.

(b)

added Authorization of appropriations— There is authorized to be appropriated $1,000,000,000 for the Department of Defense for fiscal year 2023 for the allowable uses described in subsection (c).

(c)

added Allowable uses— The funds authorized to be appropriated by this section shall be used by the Commander of United States Indo-Pacific Command, in consultation with the Secretary of Defense and the Secretaries of the military departments, for the following purposes:

(1)

added Activities to increase the presence of covered Armed Forces west of the international dateline in the United States Indo-Pacific Command area of responsibility.

(2)

added Activities to improve infrastructure to enhance the responsiveness of covered Armed Forces west of the international dateline in the United States Indo-Pacific Command area of responsibility.

(3)

added Activities to enhance prepositioning in the United States Indo-Pacific Command area of responsibility of equipment of covered Armed Forces.

(4)

added Activities to enhance contingency response in the United States Indo-Pacific Command area of responsibility.

(d)

added Initial plan required— The Commander of United States Indo-Pacific Command shall, within 180 days of the enactment of this act, provide the congressional defense committees with a plan to use funds authorized pursuant to this section. Such plan, to the extent practicable, shall be consistent with other plans required to be produced by the Commander of United States Indo-Pacific Command, including under section 1242 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1978).

(e)

added Covered Armed Forces— In this section, the term “covered Armed Force” means the following forces of the United States:

(1)

added The Army.

(2)

added The Navy.

(3)

added The Marine Corps.

(4)

added The Air Force.

(5)

added The Space Force.

Sec. 1309 Modification to China military power report

added

added Section 1202(b)(7)(B) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is amended—

(1)

added by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(2)

added by inserting after clause (i) the following:

added “(ii) the Middle East and North Africa, especially with respect to Iran and China’s relationship with Iranian proxies such as Hezbollah in Lebanon, the Houthis (“Ansar Allah”) in Yemen, the Assad regime in Syria, and Iranian-backed militias in Iraq;”

Sec. 1310 Modifications to public reporting of Chinese military companies operating in the United States

added

(a)

added In general— Section 1260H(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended by adding at the end the following sentence: “The Secretary of Defense shall also consider information related to a Chinese military company operating directly or indirectly in the United States or any of its territories and possessions that is provided jointly by the chairperson and ranking member of each of the congressional defense committees in making such determinations.”.

(b)

added Determination prompted by joint submission of information— Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) is amended—

(1)

added by redesignating subsection (d) as subsection (e); and

(2)

added by inserting after subsection (c) (as amended) the following:

added “(d) Determination required—Not later than 30 days after receiving information described in the second sentence of subsection (c) with respect to an entity, the Secretary of Defense shall—

added “(1) determine if that entity meets the criteria for inclusion on the list required under subsection (b); and

added “(2) submit an unclassified report, without any designation relating to dissemination control, to the chairperson and ranking member of the committee that provided the information with respect to such determination, including whether the Secretary intends to list such entity publicly.”

Sec. 1311 Reporting on institutions of higher education domiciled in the People’s Republic of China that provide support to the People’s Liberation Army

added

(a)

added Determination—

(1)

added In general— The Secretary of Defense, in consultation with the Office of the Director of National Intelligence, shall identify each entity that is an institution of higher education domiciled in the People’s Republic of China that provides support to the People’s Liberation Army.

(2)

added Factors— In making a determination under paragraph (1) with respect to an entity, the Secretary shall consider the following factors:

(A)

added Involvement in the implementation of the military-civil fusion strategy of China.

(B)

added Participation in the defense industrial base of China.

(C)

added Affiliation with the Chinese State Administration for Science, Technology, and Industry for the National Defense.

(D)

added Funding received from any organization subordinate to the Central Military Commission of the Chinese Communist Party.

(E)

added Relationship with any security, defense, police, or within the Government of China or the Chinese Communist Party.

(F)

added Any other factor the Secretary determines is appropriate.

(b)

added Report—

(1)

added Annual report— Not later than September 30, 2023, and annually thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a list of each entity identified pursuant to subsection (a) in classified and unclassified forms, and shall include in such submission, as applicable, an explanation of any entities deleted from such list with respect to a prior list.

(2)

added Concurrent publication— Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.

(3)

added Ongoing revisions— The Secretary, in consultation with the Office of the Director of National Intelligence, shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information available.

(4)

added Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—

(A)

added the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and

(B)

added the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

(c)

added People’s Liberation Army defined— In this section, the term “People’s Liberation Army” means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate.

Sec. 1312 Sense of Congress on inviting Taiwan to the Rim of the Pacific exercise

added

added It is the sense of Congress that the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise conducted in 2024.

Sec. 1313 Joint exercises with Taiwan

added

(a)

added Sense of congress— It is the sense of Congress that—

(1)

added joint military exercises with Taiwan are an important component of improving military readiness and joint operability of both countries;

(2)

added the Commander of United States Indo-Pacific Command, and other commands in the United States Indo-Pacific Command area of responsibility, already possess the legal authority to carry out such exercises; and

(3)

added the United States should better use existing authorities to improve the readiness and joint operability of United States and Taiwanese forces.

(b)

added Authority recognized— The Commander of United States Indo-Pacific Command is authorized to carry out military exercises with Taiwan that—

(1)

added include multiple warfare domains and make extensive use of military common operations network used by United States, allied, and Taiwanese forces;

(2)

added to the maximum extent practical, incorporate the cooperation of 2 or more combatant and subordinate unified commands; and

(3)

added present a complex military problem and include a force presentation of a strategic competitor.

Sec. 1331 Support of special operations for irregular warfare

added

(a)

added Codification—

(1)

added In general— Chapter 3 of title 10, United States Code, is amended by inserting after section 127c a new section 127d consisting of—

(A)

added a heading as follows:

added “127d. Support of special operations for irregular warfare”

(B)

added a text consisting of the text of subsections (a) through (i) of section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639).

(2)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item:

(b)

added Modification of dollar amount— Section 127d of title 10, United States Code, as so amended, is further amended in subsection (a) by striking “$15,000,000” and inserting “$25,000,000”.

(c)

added Conforming repeal— Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed.

Sec. 1332 Permanent extension of authority for certain payments to redress injury and loss

added

added Section 1213(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2731 note) is amended by striking “During” and all that follows through “December 31, 2023, not” and inserting “Not”.

Sec. 1333 Extension of United States-Israel cooperation to counter unmanned aerial systems

added

added Section 1278(f) of the National Defense Authorization Act, 2020 (Public Law 116–92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended by striking “December 31, 2024” and inserting “December 31, 2026”.

Sec. 1334 Modification and extension of United States-Israel cooperation to counter unmanned aerial systems

added

(a)

added Authority to establish capabilities to counter unmanned aerial systems— Subsection (a)(1) of section 1278 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended in the first sentence by inserting after “to establish capabilities for countering unmanned aerial systems” the following “, including directed energy capabilities,”.

(b)

added Support in connection with the program— Subsection (b) of such section is amended—

(1)

added in paragraph (3)(B), by inserting at the end before the period the following: “, including directed energy capabilities”; and

(2)

added in paragraph (4), by striking “$25,000,000” and inserting “$40,000,000”.

(c)

added Sunset— Subsection (f) of such section is amended by striking “December 31, 2024” and inserting “December 31, 2026”.

Sec. 1335 Modification to initiative to support protection of national security academic researchers from undue influence and other security threats

added

(a)

added In general— Clause (iii) of section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115–232) is amended—

(1)

added in subclause (I), by striking “or” at the end; and

(2)

added by adding at the end the following:

added “(III) to provide documented support to a defense or an intelligence agency of the applicable country; or”

(b)

added Prohibition on funds—

(1)

added In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 or any subsequent fiscal year for the Department of Defense for research, development, test, and evaluation may be provided to an entity that maintains a contract between the entity and a Chinese or Russian academic institution identified on the list developed under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 by reason of meeting the requirements of clause (ii) or (iii) (as amended by subsection (a)) of such section.

(2)

added Waiver— The Secretary of Defense may waive the prohibition on funds under this subsection with respect to an entity if the Secretary determines that such a waiver is appropriate.

Sec. 1401 Working capital funds

changed 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 providing capital for working capital and revolving ~~funds~~ funds, as specified in the ~~amount of $1,583,395,000.~~funding table in section 4501.

Sec. 1402 Chemical agents and munitions destruction, defense

(a)

changed Authorization of appropriations— Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the ~~amount of $1,059,818,000 of which—~~funding table in section 4501.

(1)

removed ~~$84,612,000 is for Operation and Maintenance; and~~

(2)

added Authority for transfer of funds— Of the funds authorized to be appropriated for section 1405 and available for the Defense Health Program for operation and maintenance, $168,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b)

added Use of transferred funds— For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

Sec. 1412 Authorization of appropriations for Armed Forces Retirement Home

added

added There is hereby authorized to be appropriated for fiscal year 2023 from the Armed Forces Retirement Home Trust Fund the sum of $152,360,000 of which—

(1)

added $75,360,000 is for operation, maintenance, construction and renovation; and

(2)

added $77,000,000 is for major construction.

Sec. 1413 Study and pilot program on semiconductors and the National Defense Stockpile

added

(a)

added Study required—

(1)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall—

(A)

added conduct a study on the strategic materials required by the Department of Defense to execute the operational plans of the Department in a conflict with a strategic competitor lasting not less than six months; and

(B)

added submit to the congressional defense committees a report on such study.

(2)

added Elements— The report required under paragraph (1) shall include the following:

(A)

added A description of the specific number and type of semiconductors for key systems and munitions, delineated by technical specifications, performance requirements, and end-use applications, that the Department of Defense requires to execute and sustain the operational plans of the Department during a conflict with a strategic competitor in the Indo-Pacific for not less than six months.

(B)

added A description of any supply chain vulnerabilities or choke points, including from sole sources of supply or geographic proximity to strategic competitors, involving the critical minerals and strategic raw materials (including chemicals) required to produce the semiconductors described in subparagraph (A).

(C)

added A description of any supply chain vulnerabilities or choke points, including from sole sources, geographic proximity to strategic competitors, or legacy technology, involving the manufacturing equipment required for each step in the manufacturing process from the raw materials described in subparagraph (B) to the finished and operational semiconductor chip described in subparagraph (A), and an identification of potential secure sources of supply or manufacturing involving the United States, allied, or partner nations.

(D)

added An analysis of the ability of the Department of Defense and private industry, as appropriate, to procure the semiconductors described in subparagraph (A) and mitigate the vulnerabilities identified in subparagraphs (B) and (C), during a conflict with a strategic competitor in the Indo-Pacific lasting not less than six months, along with associated recommendations, any additional necessary authorities to carry out such recommendations, and the cost of each recommendation.

(E)

added A feasibility assessment, expected cost, and recommendations for acquiring strategic materials for the National Defense Stockpile.

(F)

added A description of options to finance the cost of the recommendations described in subparagraph (D).

(G)

added The anticipated annual cost, through fiscal year 2028, of a pilot program to acquire for the National Defense Stockpile the highest priority strategic materials.

(b)

added Pilot program—

(1)

added Establishment— Upon the submission of the report under subsection (a), the Secretary of Defense shall carry out a pilot program to, subject to the availability of appropriations, acquire for the National Defense Stockpile the highest priority strategic materials identified in such report.

(2)

added Report— Not later than 1 year after the establishment of the pilot program described in this subsection, and annually thereafter until the date described in paragraph (3), the Secretary of Defense shall submit to the congressional defense committees a report on the status and effects of the pilot program.

(3)

added Termination— The pilot program established under this subsection shall terminate on September 30, 2028.

(c)

added Strategic materials defined— In this section, the term “strategic materials” means—

(1)

added semiconductors described in subsection (a)(2)(A);

(2)

added critical minerals and strategic raw materials described in subsection (a)(2)(B); and

(3)

added manufacturing equipment described in paragraph (2)(C).

Sec. 1414 Restoring essential energy and security holdings onshore for rare earths

added

(a)

added Acquisition authority— Of the funds authorized to be appropriated for the National Defense Stockpile Transaction Fund by section 4501, the National Defense Stockpile Manager may use up to $253,500,000 for acquisition of the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States:

(1)

added Neodymium oxide, praseodymium oxide, and neodymium iron boron (NdFeB) magnet block.

(2)

added Titanium.

(3)

added Energetic materials.

(4)

added Iso-molded graphite.

(5)

added Grain-oriented electric steel.

(6)

added Tire cord steel.

(7)

added Cadmium zinc telluride.

(b)

added Compliance with Strategic and Critical Materials Stock Piling Act— Any acquisition using funds appropriated pursuant to this section shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).

(c)

added Disclosures concerning rare earth elements and covered critical minerals by contractors of Department of Defense—

(1)

added Requirement— Beginning on the date that is 30 months after the date of the enactment of this Act, the Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a permanent magnet that contains rare earth elements or covered critical minerals to disclose in a classified form, along with delivery of the system, the provenance of the magnet.

(2)

added Elements— A disclosure under paragraph (1) shall include an identification of the country or countries in which—

(A)

added any rare earth elements and covered critical minerals used in the magnet were mined;

(B)

added such elements and minerals were refined into oxides;

(C)

added such elements and minerals were made into metals and alloys; and

(D)

added the magnet was sintered or bonded and magnetized.

(3)

added Implementation of supply chain tracking system— If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the system to the Department of Defense.

(4)

added Waivers—

(A)

added In general— The Secretary may waive a requirement under paragraph (1) or (3) with respect to a system described in paragraph (1) for a period of not more than 180 days if the Secretary certifies to the appropriate congressional committees that—

(i)

added the continued procurement of the system is necessary to meet the demands of a national emergency declared under section 201 of the National Emergencies Act (50 U.S.C. 1621); or

(ii)

added the contractor cannot currently make the disclosure required by paragraph (1) but is making significant efforts to comply with the requirements of that paragraph.

(B)

added Waiver renewals— The Secretary—

(i)

added may renew a waiver under subparagraph (A)(i) as many times as the Secretary considers appropriate; and

(ii)

added may not renew a waiver under subparagraph (A)(ii) more than twice.

(5)

added Briefing required— Not later than 30 days after the submission of each report required by subsection (e)(3), the Secretary of Defense shall provide to the appropriate congressional committees a briefing that includes—

(A)

added a summary of the disclosures made under this subsection;

(B)

added an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth elements and covered critical minerals;

(C)

added a determination with respect to which systems described in paragraph (1) are of the greatest concern for interruptions of supply chains with respect to rare earth elements and covered critical minerals; and

(D)

added any suggestions for legislation or funding that would mitigate security gaps in such supply chains.

(d)

added Expansion of restrictions on procurement of military and dual-use technologies by Chinese military companies— Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 4651 note pre c.) is amended—

(1)

added in the section heading, by striking “Communist Chinese military companies” and inserting “Chinese military companies”;

(2)

added in subsection (a), by inserting after “military company” the following: “, any Chinese military company, or any Non-SDN Chinese military-industrial complex company”;

(3)

added by amending subsection (b) to read as follows:

added “(b) Goods and services covered

added “(1) In general—For purposes of subsection (a), and except as provided in paragraph (2), the goods and services described in this subsection are goods and services—

added “(A) on the munitions list of the International Traffic in Arms Regulations; or

added “(B) on the Commerce Control List that—

added “(i) are classified in the 600 series; or

added “(ii) contain rare earth elements or covered critical minerals.

added “(2) Exceptions—Goods and services described in this subsection do not include goods or services procured—

added “(A) in connection with a visit by a vessel or an aircraft of the United States Armed Forces to the People's Republic of China;

added “(B) for testing purposes; or

added “(C) for purposes of gathering intelligence.”

(4)

added in subsection (e)—

(A)

added by striking paragraph (3);

(B)

added by redesignating paragraphs (1) and (2) as paragraphs (3) and (6), respectively;

(C)

added by inserting before paragraph (3), as redesignated by subparagraph (B), the following:

added “(1) The term Chinese military company has the meaning given that term by section 1260H(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note).

added “(2) The term Commerce Control List means the list maintained by the Bureau of Industry and Security and set forth in Supplement No. 1 to part 774 of the Export Administration Regulations.”

(D)

added by inserting after paragraph (3), as so redesignated, the following:

added “(4) The term covered critical mineral means—

added “(A) antimony;

added “(B) beryllium;

added “(C) cobalt;

added “(D) graphite;

added “(E) lithium;

added “(F) manganese;

added “(G) nickel;

added “(H) tantalum;

added “(I) tungsten; or

added “(J) vanadium.

added “(5) The term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).”

(5)

added by adding at the end the following:

added “(7) The term Non-SDN Chinese military-industrial complex company means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List—

added “(A) established pursuant to Executive Order 13959 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance Communist Chinese military companies), as amended before, on, or after the date of the enactment of the Restoring Essential Energy and Security Holdings Onshore for Rare Earths Act of 2022; and

added “(B) maintained by the Office of Foreign Assets Control of the Department of the Treasury.

added “(8) The term rare earth element means—

added “(A) cerium;

added “(B) dysprosium;

added “(C) erbium;

added “(D) europium;

added “(E) gadolinium;

added “(F) holmium;

added “(G) lanthanum;

added “(H) lutetium;

added “(I) neodymium;

added “(J) praseodymium;

added “(K) promethium;

added “(L) samarium;

added “(M) scandium;

added “(N) terbium;

added “(O) thulium;

added “(P) ytterbium; or

added “(Q) yttrium.”

(e)

added Review of compliance with contracting requirements—

(1)

added In general— Not later than one year after the date of the enactment of this Act, and periodically thereafter until the termination date specified in paragraph (5), the Comptroller General of the United States shall assess the extent of the efforts of the Department of Defense to comply with the requirements of—

(A)

added subsection (c);

(B)

added section 1211 of the National Defense Authorization Act for Fiscal Year 2006, as amended by subsection (d) of this section; and

(C)

added section 4872 of title 10, United States Code.

(2)

added Briefing required— The Comptroller General shall periodically, until the termination date specified in paragraph (5), provide to the appropriate congressional committees a briefing on the results of the assessments conducted under paragraph (1) that includes an assessment of—

(A)

added the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and

(B)

added the efforts of the Department of Defense to assess the compliance of contractors with such clauses.

(3)

added Report required— The Comptroller General shall, not less frequently than every 2 years until the termination date specified in paragraph (5), submit to the appropriate congressional committees a report on the results of the assessments conducted under paragraph (1) that includes an assessment of—

(A)

added the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and

(B)

added the efforts of the Department of Defense to assess the compliance of contractors with such clauses.

(4)

added Referral— If, in conducting an assessment under paragraph (1), the Comptroller General determines that a contractor has failed to comply with any of the requirements described in subparagraphs (A), (B), and (C) of paragraph (1), the relevant Inspectors General, or other enforcement agencies, as appropriate, for further examination and possible enforcement actions.

(5)

added Termination— The requirements of this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act.

(f)

added Definitions— In this section, the terms “covered critical minerals” and “rare earth element” have the meanings given to such terms in section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (10 U.S.C. 4651 note prec.).

Sec. 1421 Authority to acquire materials for National Defense Stockpile to address shortfalls

added

(a)

added Modification of acquisition authority— Section 5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) is amended—

(1)

added in subsection (a)—

(A)

added in paragraph (1)—

(i)

added in the first sentence, by inserting “under the authority of paragraph (3) or” after “Except for acquisitions made”; and

(ii)

added in the second sentence, by striking “for such acquisition” and inserting “for any acquisition of materials under this Act”;

(B)

added in paragraph (2), by striking “any such transaction” and inserting “any transaction”; and

(C)

added by adding at the end the following:

added “(3) From amounts appropriated after the date of the enactment of this paragraph, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under section 3(a) without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.”

(2)

added in subsection (c), by striking “to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts” and inserting “until expended, unless otherwise provided in appropriations Acts”.

(b)

added Clarification that stockpile may not be used for budgetary purposes— Section 2(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a(c)) is amended by striking “is not to be used” and inserting “shall not be used”.

(c)

added Annual briefings— Section 11 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–2) is amended by adding at the end the following:

added “(c)

added “(1) Not later than 30 days after submitting a report required by subsection (a), the National Defense Stockpile Manager shall brief the committees specified in paragraph (2) on the state of the stockpile and the acquisitions intended to be made within the next fiscal year.

added “(2) The committees specified in this paragraph are—

added “(A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and

added “(B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Natural Resources, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives.”

Sec. 1422 Report on modifications to the national technology and industrial base

added

(a)

added In general— Not later than December 1, 2023, the Secretary of Defense shall submit to the congressional defense committees, the Committee on Financial Services of the House of Representatives, the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the benefits and risks of potential legislative proposals to increase the availability of strategic and critical materials that are, as of the date of the enactment of this Act, sourced primarily from the People’s Republic of China or the Russian Federation.

(b)

added Elements— The report required by subsection (a) shall include an assessment of the following:

(1)

added The implications of modifying the term “domestic source” for purposes of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to “domestic and allied source” and including in the definition of such term business concerns in other countries, including, but not limited to, Canada, the United Kingdom, and Australia.

(2)

added The benefits of facilitating more effective integration of the national technology and industrial base with the technology and industrial bases of countries that are allies or partners of the United States with respect to technology transfer, socioeconomic procurement requirements, and export controls.

(c)

added Form— The report required by subsection (a) shall be in an unclassified form but may contain a classified annex.

(d)

added Definitions— In this section:

(1)

added National technology and industrial base— The term “national technology and industrial base” has the meaning given that term in section 4801 of title 10, United States Code.

(2)

added Strategic and critical materials— The term “strategic and critical materials” has the meaning given that term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3).

Sec. 1501 Improvements to Principal Cyber Advisors

added

(a)

added Certification authority for cyberspace operations— Subsection (c) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended by adding at the end the following new paragraph:

added “(4) Budget certification—Not later than January 31 of the year preceding each fiscal year for which a budget is proposed, the Principal Cyber Advisor shall certify to the Secretary of Defense and the congressional defense committees the adequacy of the portions of that budget regarding cyberspace activities not covered by the review of the Chief Information Officer under section 142(b)(2) of this title.”

(b)

added Codification of Principal Cyber Advisors—

(1)

added Title 10— Chapter 19 of title 10, United States Code, is amended by inserting after section 392 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

added “392a. Principal Cyber Advisors”

(2)

added Principal Cyber Advisor to Secretary of Defense— Subsection (c) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note), as amended by subsection (a), is—

(A)

added transferred to section 392a of title 10, United States Code, as added by paragraph (1);

(B)

added redesignated as subsection (a); and

(C)

added amended in the subsection heading by inserting “to Secretary of Defense” after “Advisor”.

(3)

added Deputy Cyber Advisor— Section 905 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is—

(A)

added transferred to chapter 19 of title 10, United States Code, designated as subsection (b) of section 392a, as added by paragraph (1), and redesignating each subordinate provision and the margins thereof accordingly; and

(B)

added amended—

(i)

added by striking “this subsection” each place it appears and inserting “this paragraph”; and

(ii)

added by striking “subsection (a)” each place it appears and inserting “paragraph (1)”.

(4)

added Principal Cyber Advisors to Secretaries of military departments— Section 1657 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is—

(A)

added transferred to chapter 19 of title 10, United States Code, designated as subsection (c) of section 392a, as added by paragraph (1), and redesignating each subordinate provision and the margins thereof accordingly; and

(B)

added amended—

(i)

added by striking “subparagraph (B)” and inserting “clause (ii)”;

(ii)

added by striking “paragraph (1)” each place it appears and inserting “subparagraph (A)”;

(iii)

added by striking “paragraph (2)” each place it appears and inserting “subparagraph (B)”;

(iv)

added by striking “subsection (a)(1)” and inserting “paragraph (1)(A)”;

(v)

added by striking “subsection (a)” each place it appears and inserting “paragraph (1)”;

(vi)

added by striking “subsection (b)” each place it appears and inserting “paragraph (2)”; and

(vii)

added by striking paragraph (6) (as redesignated pursuant to subparagraph (A)).

(c)

added Conforming amendments—

(1)

added Title 10— Section 167b(d)(2)(A) of title 10, United States Code, is amended by inserting “to the Secretary of Defense under section 392a(a) of this title” after “Principal Cyber Advisor”.

(2)

added FY22 NDAA— Section 1528(e)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is amended by striking “section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note)” and inserting “section 392a(c)(4) of title 10, United States Code”.

(3)

added FY17 NDAA— Section 1643(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note) is amended by striking “The Principal Cyber Advisor, acting through the cross-functional team established by section 932(c)(3) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note)” and inserting “The Principal Cyber Advisor to the Secretary of Defense, acting through the cross-functional team under section 392a(a)(3) of title 10, United States Code,”.

Sec. 1502 Modification of office of primary responsibility for strategic cybersecurity program

added

added Paragraph (2) of section 1640(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note) is amended to read as follows:

added “(2) Office of primary responsibility—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023, the Secretary of Defense shall designate a principal staff assistant from within the Office of the Secretary of Defense whose office shall serve as the office of primary responsibility for the Program, providing policy, direction, and oversight regarding the execution of the responsibilities of the program manager described in paragraph (5).”

Sec. 1503 Establishment of cyber operations designator and rating for the Navy

added

(a)

added Military career designator—

(1)

added Officers— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy, in coordination with the Chief of Naval Operations, shall establish and use a cyber warfare operations designator for officers and warrant officers, which shall be a separate designator from the cryptologic warfare officer designator.

(2)

added Enlisted— Not later than 90 days after the date of the enactment of this Act, the Secretary, in coordination with the Chief, shall establish and use a cyber warfare rating for enlisted personnel, which shall be a separate rating from the cryptologic technician enlisted rating.

(b)

added Prohibition—

(1)

added In general— Beginning June 1, 2024, the Secretary may not assign a member of the Navy to a billet within the core work roles at teams or components within the cyber mission force if such member—

(A)

added has a designator of cryptologic warfare, intelligence, or information professional; or

(B)

added has a rating of cryptologic technician, intelligence specialist, or information systems technician.

(2)

added Exception— The prohibition in paragraph (1) shall not apply with respect to a member of the Navy who is assigned to a billet described in such paragraph under orders issued before June 1, 2024.

(c)

added 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 Senate a report certifying whether the following actions have been carried out (including detailed explanations):

(1)

added The Secretary establishing cyberspace operations as a military discipline that is a community separate from the information warfare community.

(2)

added The Chief of Naval Operations identifying who in the Office of the Chief of Naval Operations will serve as the resource manager and who will be responsible for staffing and training with respect to the designator and rating established under subsection (a).

(3)

added The Secretary establishing a training pipeline for the designator and rating established under subsection (a) that is aligned with the requirements and standards established by the Commander of the United States Cyber Command.

(4)

added The Secretary establishing a funding profile detailing with requisite investments toward the training requirements, requisite courses, and costs associated with the designator and rating established under subsection (a) for the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.

(5)

added The Secretary establishing an inventory of all flag officer positions with direct leadership or executive direction over the designator and rating established under subsection (a), including with respect to—

(A)

added the United States Cyber Command;

(B)

added the Fleet Cyber Command;

(C)

added Joint Forces Headquarters-Cyber, Navy;

(D)

added 10th Fleet;

(E)

added The Deputy Chief of Naval Operations for Information Warfare and the Director of Naval Intelligence; and

(F)

added Naval Information Forces.

(6)

added The Secretary establishing an implementation plan, including timelines and procedures, for filling the positions within the cyber mission force for which the Secretary is responsible.

(7)

added Any anticipated changes to the end-strength of the Navy by reason of establishing the designator and rating under subsection (a).

(d)

added Determination by Cyber Command— Not later than 60 days after the date on which the Secretary submits the report under subsection (c), the Commander of United States Cyber Command shall submit to the Committees on Armed Services of the House of Representatives and Senate a determination with respect to whether the matters contained in the report satisfy the requirements of the United States Cyber Command.

Sec. 1504 Cyber threat information collaboration environment program

added

(a)

added Program— Not later than 120 days after the date of the enactment of this Act, pursuant to the requirements established by the Cyber Threat Data Interoperability Council under subsection (c), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Security Agency, shall develop an information collaboration environment consisting of a digital environment containing technical tools for information analytics and a portal through which relevant parties may submit and automate information inputs and access the environment to enable interoperable data flow that enables Federal and non-Federal entities to identify, mitigate, and prevent malicious cyber activity by—

(1)

added providing access to appropriate and operationally relevant data from unclassified and classified information about cybersecurity risks and cybersecurity threats, as well as malware forensics and data from network sensor programs or network-monitoring programs, on a platform that enables querying and analysis;

(2)

added enabling cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;

(3)

added facilitating a comprehensive understanding of cybersecurity risks and cybersecurity threats; and

(4)

added facilitating collaborative analysis between the Federal Government and public and private sector critical infrastructure entities and information sharing and analysis organizations.

(b)

added Implementation of information collaboration environment—

(1)

added Evaluation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with other departments and agencies of the Federal Government, shall—

(A)

added identify existing Federal sources of classified and unclassified information on cybersecurity threats;

(B)

added evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats;

(C)

added consult with public and private sector critical infrastructure entities to identify public and private critical infrastructure cyber threat capabilities, needs, and gaps; and

(D)

added identify existing tools, capabilities, and systems that may be adapted to achieve the purposes of the information collaboration environment developed pursuant to subsection (a) to maximize return on investment and minimize cost.

(2)

added Implementation—

(A)

added In general— Not later than one year after completing the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Security Agency, shall achieve initial operating capability of the information collaboration environment developed pursuant to subsection (a).

(B)

added Requirements— The information collaboration environment and the technical tools for information analytics under subsection (a) shall—

(i)

added operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(ii)

added reflect the requirements set forth by the Cyber Threat Data Interoperability Council under subsection (c);

(iii)

added enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports the voluntary integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;

(iv)

added incorporate tools to manage access to classified and unclassified data, as appropriate, for appropriate individuals who have the security clearance necessary to access the highest level of classified data included in the environment;

(v)

added ensure accessibility by Federal entities that the Secretary of Homeland Security, in consultation with the Director of National Intelligence, the Attorney General, the Secretary of Defense, and the Director of the Office of Management and Budget, determines appropriate;

(vi)

added allow for access by public and private sector critical infrastructure entities and other private sector partners, at the discretion of the Secretary of Homeland Security and after consulting the appropriate Sector Risk Management Agency;

(vii)

added deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;

(viii)

added identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and

(ix)

added anticipate the integration of new technologies and data streams, including data from network sensor programs or network-monitoring programs deployed in support of non-Federal entities.

(C)

added Access controls— The owner of any data shared in the information collaboration environment shall have the authority to set and maintain access controls for such data and may restrict access to any particular data asset for any purpose, including for the purpose of protecting intelligence sources and methods from unauthorized disclosure in accordance with section 102A(i) of the National Security Act (50 U.S.C. 3024(i)).

(3)

added Annual report requirement on the implementation, execution, and effectiveness of the program—

(A)

added Requirement— Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the National Cyber Director and appropriate congressional committees a report that details—

(i)

added Federal Government participation in the information collaboration environment, including the Federal entities participating in the environment and the categories of information shared by Federal entities into the environment;

(ii)

added non-Federal entities’ participation in the information collaboration environment, including the non-Federal entities participating in the environment and the categories of information shared by non-Federal entities into the environment;

(iii)

added the impact of the information collaboration environment on positive security outcomes for the Federal Government and non-Federal entities;

(iv)

added barriers identified to fully realizing the benefit of the information collaboration environment for both the Federal Government and non-Federal entities;

(v)

added additional authorities or resources necessary to successfully execute the information collaboration environment; and

(vi)

added identified shortcomings or risks to data security and privacy, and the steps necessary to improve the mitigation of such shortcomings or risks.

(B)

added Form— Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(4)

added Collaboration by NSA— Any actions taken by the Director of the National Security Agency to assist in building or maintaining the information collaboration environment developed pursuant to subsection (a)—

(A)

added shall be carried out using amounts authorized to be appropriated to the National Security Agency for the Information Systems Security program; and

(B)

added may not be carried out using amounts made available under the National Intelligence Program.

(c)

added Cyber Threat Data Interoperability Council—

(1)

added Establishment— There is established an interagency council, to be known as the “Cyber Threat Data Interoperability Council” (in this subsection referred to as the “council”), chaired by the National Cyber Director, to establish data interoperability requirements for data streams to be accessed in the information collaboration environment.

(2)

added Establishment date— The council shall commence the activities under this subsection by not later than 120 days after the date of the enactment of this Act.

(3)

added Membership—

(A)

added Principal members— In addition to the National Cyber Director, the council shall have as its principal members the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, the Secretary of Defense, and the Director of the Office of Management and Budget.

(B)

added Additional Federal members— Based on recommendations submitted by the principal members, the National Cyber Director shall identify and appoint council members from Federal entities that oversee programs that generate, collect, disseminate, or analyze data or information related to cybersecurity risks and cybersecurity threats.

(C)

added Advisory members— The National Cyber Director shall identify and appoint advisory members from non-Federal entities that shall advise the council based on recommendations submitted by the principal members.

(4)

added Data streams— The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment, which may include—

(A)

added network-monitoring and intrusion detection programs;

(B)

added cyber threat indicator sharing programs;

(C)

added certain network sensor programs or network-monitoring programs;

(D)

added incident response and cybersecurity technical assistance programs; or

(E)

added malware forensics and reverse-engineering programs.

(5)

added Data privacy—

(A)

added Requirement— The council shall establish a committee to establish procedures and data governance structures, as necessary, to protect data shared in the information collaboration environment, comply with Federal regulations and statutes, and respect existing consent agreements with public and private sector critical infrastructure entities that apply to critical infrastructure information.

(B)

added Membership— The committee shall be comprised of—

(i)

added the senior official for privacy of the Office of Management and Budget, who shall serve as the chair of the committee; and

(ii)

added privacy officers from the Department of Homeland Security, the Department of Defense, the Department of Justice, and the Office of the Director of National Intelligence.

(6)

added Rule of construction— Nothing in this subsection may be construed as changing existing ownership or protection of, or policies and processes for access to, agency data.

(d)

added National security systems— Nothing in this section shall apply to a national security system, or to cybersecurity threat intelligence related to such systems, without the consent of the owner and operator of the system.

(e)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means the following:

(A)

added The Committee on Homeland Security, the Committee on the Judiciary, the Committee on Armed Services, the Committee on Oversight and Reform, and the Permanent Select Committee on Intelligence of the House of Representatives.

(B)

added The Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.

(2)

added The term critical infrastructure information has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

(3)

added The term cyber threat indicator has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(4)

added The term cybersecurity threat has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(5)

added The term data asset has the meaning given such term in section 3502 of title 44, United States Code.

(6)

added The term environment means the information collaboration environment established under subsection (a).

(7)

added The term information sharing and analysis organization has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).

(8)

added The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(9)

added The term “national security system” has the meaning given such term in section 3552 of title 44, United States Code.

(10)

added The term non-Federal entity has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

(11)

added The term “Sector Risk Management Agency” has the meaning given such term in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651).

Sec. 1505 Department of defense enterprise-wide procurement of cyber data products and services

added

added Section 1521 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2224 note) is amended—

(1)

added in subsection (a)(5), by inserting “, including the use of artificial intelligence-based endpoint security that prevents cyber attacks and does not require constant internet connectivity to function,” after “services”; and

(2)

added in subsection (b), by inserting “, including by enhancing the security of the software supply chain of the Department” after “best interests of the Department”.

Sec. 1506 Cybersecurity of military standards for data

added

(a)

added In general— No later than 270 days after enactment of this act, the principal staff assistant designated with primary responsibility for the Strategic Cybersecurity Program of the Department of Defense pursuant to paragraph (2) of section 1640(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), as amended by section 1502 of this Act, shall conduct a comprehensive review of Military Standard 1553 (in this section referred to as “MIL–STD–1553”). At the discretion of the Secretary of Defense, the review required under this subsection may include reviews of additional serial data standards beyond MIL–STD–1553.

(b)

added Elements— The review required under subsection (a) shall include the following elements:

(1)

added An identification of programs and weapon systems currently employing MIL–STD–1553 and other serial data standards, as appropriate, across the Department of Defense, the military departments, and components, with notations for any programs previously assessed by the Strategic Cybersecurity Program.

(2)

added An evaluation of, and inventory for, the vulnerabilities to MIL–STD–1553 and other serial data standards, as appropriate.

(3)

added An inventory of potential commercial- and Government-sourced mitigations and solutions, either in use or available to program offices.

(4)

added An assessment of potential changes to address identified vulnerabilities to MIL–STD–1553 and other serial data standards, as appropriate.

(c)

added Determination— Based on the findings of the review required under subsection (a), the Secretary of Defense shall determine whether to revise or update MIL–STD–1553 and other serial data standards, as appropriate.

(d)

added Guidance— Subsequent to the completion of the review required under subsection (a), the head of the Strategic Cybersecurity Program shall issue guidance across the Department for program managers involved in procuring weapon systems that use MIL–STD–1553 and other serial data standards, as appropriate. The guidance shall include information related to the potential threats to MIL–STD–1553, available mitigations and solutions, and technical resources for program managers to use in addressing issues with MIL–STD–1553 and other data serial standards, as appropriate.

(e)

added Compliance certification— Subject to the findings for the review required under subsection (a), the senior official identified pursuant to section 1647(j) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) for a military department and the service acquisition executive (as such term is defined in section 101(10) of title 10, United States Code) shall, if applicable, issue a certification that mitigations identified by the Strategic Cybersecurity Program for assessed weapons systems have been applied and corrected. Not later than one year after the date of the enactment of this Act, such senior official and the service acquisition executive shall submit to the congressional defense committees such assessment.

(f)

added Test and evaluation— The Director of Operational Test and Evaluation may include evaluations of MIL–STD–1553 and other serial data standards, as appropriate, in reports required to be provided to the congressional defense committees pursuant to law.

(g)

added Report— Not later than 45 days after completion of the review required under subsection (a), the head of the Strategic Cybersecurity Program shall submit to the congressional defense committees—

(1)

added a report on the review required under subsection (a); and

(2)

added a copy of the guidance required under subsection (d).

Sec. 1511 Military operations in information environment: authority and notifications

added

(a)

added In general— Chapter 19 of title 10, United States Code, is amended by inserting after section 397 the following new section (and conforming the table of contents at the beginning of such chapter accordingly):

added “398. Military operations in information environment: authority and notification requirements

added “(d) Notification requirements

added “(1) The Secretary of Defense shall promptly submit to the appropriate congressional committees notice in writing of any clandestine military operation in the information environment conducted under this title no later than 48 hours following such operation.

added “(2)

added “(A) The Secretary shall establish and submit to the appropriate congressional committees procedures for complying with the requirements of paragraph (1). The Secretary shall promptly notify the appropriate congressional committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.

added “(B) The appropriate congressional committees shall ensure that committee procedures designed to protect from unauthorized disclosure classified information relating to national security of the United States are sufficient to protect the information that is submitted to the committees pursuant to this section.

added “(C) In the event of an unauthorized disclosure of a clandestine military operation in the information environment covered by this section, the Secretary shall ensure, to the maximum extent practicable, that the appropriate congressional committees are notified immediately of the clandestine military operation in the information environment concerned. The notification under this paragraph may be verbal or written, but in the event of a verbal notification a written notification shall be provided by not later than 48 hours after the provision of the verbal notification.

added “(e) Prohibition—No clandestine military operation in the information environment may be conducted which is intended to influence United States political processes, public opinion, policies, or media.”

(b)

added Transfer— Section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1741) is amended as follows:

(1)

added Subsections (b), (c), and (d) are—

(A)

added transferred to section 398 of title 10, United States Code, as added by subsection (a) of this section;

(B)

added inserted before subsection (b) of such section 398; and

(C)

added redesignated as subsections (a), (b), and (c), respectively.

(2)

added Subsection (e) is—

(A)

added transferred to such section 398;

(B)

added inserted after subsection (e) of such section; and

(C)

added redesignated as subsection (f).

(3)

added Subsection (i) is—

(A)

added transferred to such section 398;

(B)

added inserted after subsection (f) of such section; and

(C)

added redesignated as subsection (g).

(c)

added Quarterly briefings— Subsection (c) of section 398 of title 10, United States Code, as added by subsection (a) of this section and designated by subsection (b), is amended by striking “congressional defense committees” and inserting “appropriate congressional committees”.

(d)

added Definitions— Subsection (g) of section 398 of title 10, United States Code, as added by subsection (a) of this section and designated by subsection (b), is amended—

(1)

added in paragraph (3), by inserting “in the information environment” before “, or associated”; and

(2)

added by adding at the end the following new paragraph:

added “(4) The term “appropriate congressional committees” means—

added “(A) the congressional defense committees;

added “(B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

added “(C) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.”

Sec. 1512 Limitation on availability of certain funds until submission of joint lexicon for terms related to information operations

added

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for the travel of persons, not more than 75 percent may be obligated or expended until the date on which the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate the joint lexicon for terms related to information operations required by section 1631(g)(1)(D) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 note).

Sec. 1513 Joint information operations course

added

(a)

added Joint information operations course— The Secretary of Defense shall provide to members of the Army, Navy, Air Force, Marine Corps, and Space Force a course to prepare the members to plan and conduct information operations in a joint environment pursuant to title 10, United States Code. Such course shall include—

(1)

added standardized qualifications and procedures to enable the joint and synchronized employment of information-related capabilities in the information environment;

(2)

added joint methods to implement information operations in a battlefield environment under any ground force chain of command; and

(3)

added a curriculum covering applicable assets, core information operations concepts, integration of effects with a specific focus on information-related effects, operational methodology, multi-dimensional targeting space, other information-related capabilities defined by governing policy, instruction, publications, and doctrine, and any other topics or areas determined necessary by the Secretary.

(b)

added Semiannual reports— On a semiannual basis through January 1, 2028, the Secretary shall submit to the congressional defense committees a report on the course provided under subsection (a). Each report shall include, with respect to the period covered by the report—

(1)

added the number of members described in subsection (a) who attended the course; and

(2)

added an assessment of the value of the course in—

(A)

added conducting joint operations in the information environment; and

(B)

added the synchronized employment of information-related capabilities in the information environment.

Sec. 1514 Consistency in delegation of certain authorities relating to information operations

added

added Except as otherwise provided specifically by law, if any roles or responsibilities relating to information operations are assigned pursuant to a provision of law or by the direction of the Secretary of Defense to the Under Secretary of Defense for Policy, the Under Secretary shall ensure that such roles or responsibilities are assigned or otherwise delegated to the same position within the Office of the Under Secretary of Defense of Policy.

Sec. 1515 Assessment and optimization of Department of Defense information operations within the cyber domain

added

(a)

added Assessment and plan— Not later than 90 days after the date of the enactment of this Act, the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary of Defense, in coordination with the Commander of the United States Cyber Command, shall complete both an assessment and an optimization plan for integrating all information and influence operations within cyberspace across the Department of Defense.

(b)

added Elements— The assessment under subsection (a) shall include the following:

(1)

added An inventory of the components of the Department of Defense conducting information and influence operations within cyberspace.

(2)

added An examination of sufficiency of resources allocated for information and influence operations within cyberspace.

(3)

added An evaluation of the command and control, oversight, and management of matters related to information and influence operations within cyberspace across the Office of the Secretary of Defense and the Joint Staff.

(4)

added Any other matters determined relevant by the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary of Defense, in coordination with the Commander of the United States Cyber Command.

(c)

added Optimization plan— The optimization plan under subsection (a) shall include the following:

(1)

added Actions that the Department will implement to integrate all Department information and influence operations within cyberspace in a manner that ensures the proper level of visibility, unity of effort, synchronization, and deconfliction.

(2)

added Coordination procedures within the Department to ensure that coordination with the Commander of the United States Cyber Command takes place with regard to unity of effort, synchronization, deconfliction of information and influence operations within cyberspace.

(3)

added An evaluation of potential organizational changes required to optimize information and influence operations within cyberspace.

(4)

added Any other matters determined relevant by the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary of Defense, in coordination with the Commander of the United States Cyber Command.

(d)

added Briefings— Not later than 30 days after completing the assessment and optimization plan under subsection (a), the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary of Defense, in coordination with the Commander of the United States Cyber Command, shall provide to the congressional defense committees a briefing on the assessment and plan.

(e)

added Implementation— Not later than 180 days after the date on which the briefing is provided under subsection (d), the Secretary of Defense shall implement the optimization plan under subsection (a).

Sec. 1531 Annual reports on support by military departments for cyberspace operations

added

added Chapter 19 of title 10, United States Code, is amended by inserting after section 391 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

added “391a. Annual reports on support by military departments for cyberspace operations

added “(a) Reports—Not later than 15 days after the date on which the Secretary of Defense submits to Congress the defense budget materials (as defined in section 239 of this title) for fiscal year 2024 and each fiscal year thereafter, the Commander of the United States Cyber Command shall submit to the congressional defense committees a report containing the following:

added “(1) An evaluation of whether each military department is meeting the requirements established by the Commander and validated by the Office of the Secretary of Defense.

added “(2) For each military department evaluated under paragraph (1)—

added “(A) a certification that the military department is meeting such requirements; or

added “(B) a detailed explanation regarding how the military department is not meeting such requirements.

added “(b) Elements of evaluation—Each evaluation under subsection (a)(1) shall include, with respect to the military department being evaluated, the following:

added “(1) The adequacy of the policies, procedures, and execution of manning, training, and equipping personnel for employment within the cyber mission force.

added “(2) The adequacy of the policies and procedures relating to the assignment and assignment length of members of the Army, Navy, Air Force, Marine Corps, or Space Force to the cyber mission force.

added “(3) The adequacy of the investment toward cyber-peculiar science and technology advancements, with an emphasis on capability development for the cyber mission force.

added “(4) The sufficiency of the policies, procedures, and investments toward the military occupational specialty, designator, rating, or Air Force specialty code responsible for cyberspace operations.

added “(5) In coordination with the Principal Cyber Advisor to the Secretary of Defense, an evaluation of the use by the military department of the shared lexicon of the Department of Defense specific to cyberspace activities.

added “(6) The readiness of the members contributing to the cyber mission force and the cyberspace operations forces.

added “(7) Any other element determined relevant by the Commander.”

Sec. 1532 Independent review of posture and staffing levels of Office of the Chief Information Officer

added

(a)

added In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with an appropriate non-Department of Defense entity for the conduct of a comprehensive review of the posture and staffing levels of the Office of the Chief Information Officer, as of the date of the enactment of this Act.

(b)

added Matters for consideration— An agreement under subsection (a) shall specify that the review conducted under the agreement shall include the evaluation of each of the following:

(1)

added Any limitations or constraints of the Office of the Chief Information Officer in the carrying out the entirety of the responsibilities specified in section 142(b) of title 10, United States Code, based on the staffing levels of the Office as of the date of the enactment of this Act.

(2)

added The composition of civilian, military, and contractor personnel assigned to the Office of the Chief Information Officer, as of such date, including the occupational series and military occupational specialties of such personnel, relative to the responsibilities specified in such section.

(3)

added The organizational construct of the Office of the Chief Information Officer, as of such date.

(c)

added Recommendations— An agreement under subsection (a) shall specify that the review conducted under the agreement shall include recommendations for the Chief Information Officer and the congressional defense committees, including recommendations derived from the matters for consideration specified under subsection (b).

(d)

added Submittal to Congress— Not later than 30 days after the date of the completion of the review required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a copy of the review.

Sec. 1533 Comprehensive review of Cyber Excepted Service

added

(a)

added In general— Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of the Department of Defense, in coordination with the Chief Digital and Artificial Intelligence Officer and the Principal Cyber Advisor of the Department and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall conduct a comprehensive review of the Cyber Excepted Service established pursuant to section 1599f of title 10, United States Code.

(b)

added Elements— The review required under subsection (a) shall include a consideration of each of the following elements:

(1)

added The potential and structural limitations of the Cyber Excepted Service, including impediments to mobility or advancement by civilian employees currently in billets coded for Cyber Excepted Service.

(2)

added Matters related to pay disparity and hindrances in compensation relative to the skill sets and value of such civilian employees in the private sector.

(3)

added Criteria for eligibility of potential Department of Defense components and entities for participation in the Cyber Excepted Service.

(4)

added The eligibility for participation in the Cyber Excepted Service of civilian employees who are assigned to the Office of the Chief Digital and Artificial Intelligence Officer.

(c)

added Recommendations— The review required under subsection (a) shall include recommendations for the Secretary of Defense and the congressional defense committees with respect to the improvement of the Cyber Excepted Service, including recommendations derived from the consideration of the elements specified in subsection (b).

(d)

added Submittal to Congress— Not later than 30 days after the completion of the review required under subsection (a), the Chief Information Officer shall submit to the congressional defense committees a copy of the review.

Sec. 1534 Standardization of authority to operate applications in the Department of Defense

added

(a)

added Policy—

(1)

added Requirement— Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall establish a policy with criteria for the reciprocity of authority to operate for software and hardware between all networks of the Department of Defense.

(2)

added Contents— The policy under paragraph (1) shall contain the following:

(A)

added Procedures for requesting an authority to operate that applies to all networks of the Department.

(B)

added Guidance on when authorizing officials should grant an information technology platform that has already received an authority to operate on another network of the Federal Government a reciprocal authority to operate on a network of the Department of Defense.

(C)

added A standardized format for documentation to support the evaluation of a request for an authority to operate.

(b)

added Single platform— Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall implement a single software tool or platform for the submission and review of requests for an authority to operate applications. The tool or platform shall—

(1)

added be used by all authorizing officials of the Department for the receipt, review, and adjudication of all such requests; and

(2)

added authorize persons who submit such requests to see the progress of the request at all steps in the review process.

(c)

added Report— Not later than one year after the date of the enactment of this Act, the Chief Information Officer shall submit to the congressional defense committees a report on the following:

(1)

added The operational status of the software tool or platform implemented under subsection (b).

(2)

added A list of all networks and authorizing officials of the Department that are using the software tool or platform.

(3)

added A list of all networks and authorizing officials of the Department that are not using the software tool or platform.

(d)

added Authority to operate defined— In this section, the term authority to operate means the official management decision given by a senior organizational official to authorize operation of an information system and accept the risk to organizational operations.

Sec. 1601 Requirements for protection of satellites

added

added Chapter 135 of title 10, United States Code, is amended by inserting after section 2275 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):

added “2275a. Requirements for protection of satellites

added “(a) Establishment of requirements—Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites under that program against the capabilities of adversaries to target, degrade, or destroy the satellites.

added “(b) Definitions—In this section:

added “(1) The term “major satellite acquisition program” has the meaning given that term in section 2275 of this title.

added “(2) The term “Milestone A approval” has the meaning given that term in section 4251 of this title 10.”

Sec. 1602 Strategy on protection of satellites

added

(a)

added Findings— Congress finds the following:

(1)

added Both Russia and China have demonstrated the capability to target, degrade, and destroy satellites on orbit, whether through kinetic or nonkinetic means.

(2)

added As recently as November 15, 2021, Russia demonstrated a direct ascent antisatellite weapon.

(3)

added Also in 2021, China successfully “grappled” a satellite and dragged the satellite out of its orbit to another location in space, a capability that could be used on any other object in space, including satellites of the Department of Defense.

(b)

added Strategy—

(1)

added Requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Director of National Intelligence, shall make publicly available a strategy containing the actions that will be taken to defend and protect on-orbit satellites of the Department of Defense and the intelligence community from the capabilities of adversaries to target, degrade, or destroy satellites.

(2)

added Forms— The Secretary shall—

(A)

added make the strategy under paragraph (1) publicly available in unclassified form; and

(B)

added submit to the appropriate congressional committees an annex, which may be submitted in classified form, containing supporting documents to the strategy.

(c)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees; and

(B)

added the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

(2)

added The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

Sec. 1603 National Security Space Launch program

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the acquisition approach for phase three of the National Security Space Launch program should account for changes in the launch industry and planned architectures of the Space Force;

(2)

added the supply of launches for phase three may be impacted by increases in commercial space launch demand;

(3)

added the Secretary of the Air Force should explore new and innovative acquisition approaches to leverage launch competition within the commercial market; and

(4)

added in developing the acquisition strategy for phase three, the Secretary should—

(A)

added consider the scope of phase three manifest requirements in comparison to the Orbital Services Program and other potential contract vehicles for launches;

(B)

added ensure the continued assured access to space;

(C)

added emphasize free, fair, and open competition;

(D)

added capitalize on competition across the commercial launch industry;

(E)

added examine all possible options for awarding contracts for launches during the period covered by the phase, including, block-buys, indefinite delivery, indefinite quantity, or a hybrid approach;

(F)

added consider tailorable mission assurance options informed by previous launch vehicle performance metrics;

(G)

added include options for adding launch providers, launch systems, or both, during the execution of phase three to address manifest changes beyond the planned national security space unique launches at the time of initial award;

(H)

added maintain understanding of the commercial launch industry and launch capacity needed to fulfill the requirements of the National Security Space Launch program; and

(I)

added allow for rapid development and on-orbit deployment of enabling and transformational technologies required to address emerging requirements, including with respect to—

(i)

added delivery of in-space transportation, logistics, and on-orbit servicing capabilities to enhance the persistence, sensitivity, and resiliency of national security space missions in a contested space environment;

(ii)

added proliferated low-Earth orbit constellation deployment;

(iii)

added routine access to extended orbits beyond geostationary orbits, including cislunar orbits;

(iv)

added payload fairings that exceed current launch requirements;

(v)

added increased responsiveness for heavy lift capability;

(vi)

added the ability to transfer orbits, including point-to-point orbital transfers;

(vii)

added capacity and capability to execute secondary deployments;

(viii)

added high-performance upper stages;

(ix)

added vertical integration; and

(x)

added other new missions that are outside the parameters of the nine design reference missions that exist as of the date of the enactment of this Act.

(b)

added Quarterly briefings— On a quarterly basis until the date on which the Secretary of the Air Force awards a phase three contract, the Commander of the Space Systems Command shall provide to the appropriate congressional committees a briefing on the development of the phase three acquisition strategy, including how the matters described subsection (a) are being considered in such strategy.

(c)

added Notification of results of mission assignment board— Not later than 14 days after the date on which a phase two mission assignment board is completed, the Commander of the Space Systems Command shall notify the appropriate congressional committees of the launch assignment results of the board.

(d)

added Definitions— In this section:

(1)

added The term “appropriate congressional committees” means—

(A)

added the congressional defense committees with respect to all briefings provided under subsection (b) and notifications made under subsection (c); and

(B)

added in addition to the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate with respect to—

(i)

added briefings required under subsection (b) regarding requirements of the intelligence community being incorporated into phase three planning; and

(ii)

added notifications made under subsection (c) regarding an assignment that includes capabilities being launched for the intelligence community.

(2)

added The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).

(2)

added The term “phase three” means, with respect to the National Security Space Launch program, launch missions ordered under the program after fiscal year 2024.

(3)

added The term “phase two” means, with respect to the National Security Space Launch program, launch missions ordered under the program during fiscal years 2020 through 2024.

Sec. 1604 Responsive space strategy, principles, model architecture, and implementation plans

added

(a)

added Strategy, principles, and model architecture— Not later than 270 days after the date of the enactment of this Act, the Chief of Space Operations and the Commander of the United States Space Command shall jointly develop a responsive space strategy, principles, and a model architecture to be implemented across the United States Space Command and the Combined Force Space Component Command.

(b)

added Elements— The responsive space strategy, principles, and model architecture under subsection (a) shall include, at a minimum, the following elements:

(1)

added Prioritized policies and procedures.

(2)

added Policies specific to launch, buses, payloads, ground infrastructure, and networks.

(3)

added Specification of enterprise-wide acquisitions of capabilities conducted pursuant to the policies referred to in paragraph (2).

(4)

added Roles, responsibilities, functions, and operational workflows of responsive space architecture and infrastructure personnel—

(A)

added of the Army, Navy, Air Force, Marine Corps, and Space Force and the combatant commands; and

(B)

added the Combined Force Space Component Command.

(c)

added Architecture development and implementation— In developing and implementing the responsive space strategy, principles, and model architecture under subsection (a), the Chief of Space Operations and the Commander of the United States Space Command shall coordinate with—

(1)

added the Space Acquisition Council;

(2)

added the Director of the Defense Advanced Research Projects Agency;

(3)

added the Chairman of the Joints Chiefs of Staff; and

(4)

added any other component of the Department of Defense, as jointly determined by the Chief of Space Operations and the Commander.

(d)

added Implementation plans—

(1)

added In general— The Chief of Space Operations and the Commander of the United State Space Command shall ensure that, not later than one year after the finalization of the responsive space strategy, principles, and model architecture under subsection (a), each Space Force delta transmits to the Chief and the Commander a draft plan to implement such responsive space strategy, principles, and model architecture with respect to such delta.

(2)

added Elements— Each implementation plan under paragraph (1) shall include, at a minimum, the following with respect to the Space Force delta covered by the plan:

(A)

added Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented across responsive space architectures and infrastructures.

(B)

added A detailed schedule with target milestones and required expenditures.

(C)

added Interim and final metrics, including a phase mitigation plan.

(D)

added Identification of additional funding, authorities, organizational changes and policies, as may be required.

(E)

added Requested waivers, exceptions to policies of the Department of Defense, and expected delays.

(e)

added Implementation oversight— The Chief of Space Operations shall—

(1)

added assess the implementation plans under subsection (d)(1) for—

(A)

added adequacy and responsiveness to the responsive space strategy, principles, and model architecture under subsection (a); and

(B)

added appropriate use of enterprise-wide acquisitions;

(2)

added ensure, at a high level, the interoperability and compatibility of individual implementation plans of the Space Force deltas;

(3)

added track the use of waivers and exceptions to policy;

(4)

added develop a Responsive Space Scorecard to track and drive implementation of the plans by the Space Force Deltas; and

(5)

added leverage the authorities of the Commander of the United States Space Command to begin implementation of such responsive space strategy, principles, and model architecture.

(f)

added Initial briefings—

(1)

added Responsive space strategy, principles, and model architecture— Not later than 90 days after finalizing the responsive space strategy, principles, and model architecture under subsection (a), the Chief of Space Operations and the Commander of the United States Space Command shall provide to the congressional defense committees a briefing on such responsive space strategy, principles, and model architecture.

(2)

added Implementation plans— Not later than 90 days after the receipt by the Chief of Space Operations of an implementation plan transmitted under to subsection (d)(1), the Chief shall provide to the congressional defense committees a briefing on such implementation plan.

(g)

added Annual briefing— During each annual briefing provided by the Chief of Space Operations to the congressional defense committees on the budget occurring during the period beginning February 1, 2023, and ending January 1, 2031, the Chief shall provide updates on the implementation of the responsive space strategy, principles, and architecture under subsection (a).

(h)

added Notification Reforms— Section 9021(c) of title 10, United States Code, is amended—

(1)

added by striking paragraph (2); and

(2)

added by striking “(1) The Council” and inserting “The Council”.

Sec. 1605 Responsive space demonstrations

added

(a)

added Sense of Congress— It is the sense of Congress that demonstrating the ability of the United States to rapidly respond to adversarial threats to the space systems of the United States serves as a compelling strategic deterrent to adversaries and informs how responsive, resilient, and affordable space and launch capabilities can help counter growing adversarial threats on an operationally relevant timeline.

(b)

added Establishment of program— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Chief of Space Operations and the Commander of the United States Space Command, shall establish a program to demonstrate responsive space capabilities through operational exercises, wargames, and table-top exercises.

(c)

added Initial Demonstration—

(1)

added Mission— In carrying out the program under subsection (b), the Secretary shall conduct a rapid reconstitution deterrence demonstration mission to—

(A)

added design, develop, and understand the benefit of rapid space reconstitution and space augmentation;

(B)

added simulate real-world scenarios through wargames and table-top exercises, including contested environment scenarios, in which threats to the space capabilities of the United States may be offset or mitigated by responsive space capabilities;

(C)

added validate the ability to provide an end-to-end responsive space mission with responsive launch, satellite deployment, and data to users within rapid mission call-up timelines; and

(D)

added integrate such launches with the joint force under simulated contested conditions through the rapid deployment of launch infrastructure to existing Major Range and Test Facility Bases.

(2)

added Report— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the mission under paragraph (1), including—

(A)

added an assessment of the mission with respect to the operational and strategic benefits to the space-related missions of the Department of Defense;

(B)

added a proposed organization and management structure of the mission;

(C)

added a timeline for implementing the demonstrations under the mission; and

(D)

added budget estimates and financial forecast for the demonstrations.

Sec. 1606 Allied responsive space capabilities

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added it is in the common interest of the United States and allies and partners of the United States to strive for accessibility and flexibility for delivering assets into space on a responsive timeline;

(2)

added the United States should implement joint United States-allied space missions that demonstrate rapid, rapid launch, reconstitution and satellite augmentation from locations in the Indo-Pacific, European, and other theaters of operations;

(3)

added the United States should leverage allied and partner spaceports to diversify and disaggregate launch sites across the world for a multitude of missions, including national security missions; and

(4)

added it is important for the United States to have operational and contracting steps established with allies and partners to ensure readiness and preparedness for responding to or deterring any unknown threats.

(b)

added Initiatives— The Secretary of the Defense and the Secretary of State shall jointly—

(1)

added ensure that responsive space capabilities of the Department of Defense align with initiatives by Five Eyes countries, member states of the North Atlantic Treaty Organization, and other allies to promote a globally responsive space architecture; and

(2)

added designate a single official responsible for coordinating responsive space activities with allied partners.

(c)

added Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in coordination with the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Space Command, and the Secretary of State, shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report assessing current investments and partnerships by the United States with allies of the United States with respect to responsive space efforts. The report shall include the following:

(1)

added An assessment of the benefits of leveraging allied and partner spaceports for responsive launch.

(2)

added A discussion of current and future plans to engage with allies and partners with respect to activities ensuring rapid reconstitution or augmentation of the space capabilities of the United States and allies.

(3)

added An assessment of the shared costs and technology between the United States and allies, including leveraging investments from the Pacific Deterrence Initiative and the European Deterrence Initiative.

(d)

added Five Eyes countries defined— In this section, the term Five Eyes countries means the following:

(1)

added Australia.

(2)

added Canada.

(3)

added New Zealand.

(4)

added The United Kingdom.

(5)

added The United States.

Sec. 1607 Report on tactically responsive space capabilities

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the Space Safari tactically responsive launch-2 mission of the Space Systems Command of the Space Force successfully demonstrated the ability of the Space Force to rapidly integrate, launch, and operate a satellite on orbit on a timeline that would be needed for rapid reconstitution or to respond to real-time hostile activities occurring in the domain;

(2)

added the Space Force should continue these efforts, and broaden the program beyond the logistics of launch and operations to also focus on lifecycle concepts of operation, as well as any contractual mechanisms that should be required in future programs to take into account the need for rapid reconstitution and responsiveness;

(3)

added the Chief of Space Operations should formalize tactically responsive requirements for all space capabilities carried out under title 10, United States Code; and

(4)

added to take into totality the effort required for tactically responsive launch, the Space Force should consider adding a corresponding budget line item for “Tactically Responsive Space” to fund areas beyond launch that would contribute to responsive space activities.

(b)

added Report— Not later than 30 days after the date on which the budget of the President for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, United States Code, the Chief of Space Operations shall submit to the congressional defense committees a report on planned tactically responsive space activities pursuant to section 1609 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2271 note) included during the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code (as of the date of the report), including a detailed budget plan for launch activities and all other efforts needed to enable tactically responsive space capabilities.

Sec. 1608 Sense of Congress on Range of the Future and support to commercial space launch activity

added

added It is the sense of Congress that—

(1)

added section 1610 of the National Defense Authorization Act for Fiscal Year 2022 contained a provision requiring the United States Space Force to deliver a report on its Range of the Future initiative;

(2)

added based on the details in that report, that the Nation’s launch service providers, consistent with decades of national policy, now lead the world in space access, that United States leadership in this strategic capability is critical to national security and economic vitality, and that it is critical to the Nation to continue encouraging and enabling United States space access capabilities to flourish;

(3)

added the rapid growth of the commercial launch industry places a growing demand on Department of Defense resources at Federal space launch ranges, and that this demand growth will continue for the foreseeable future;

(4)

added the 1960s-era infrastructure of the two Department of Defense launch ranges primarily responsible for meeting its assured access to space mission under section 2273 of title 10, United States Code, and complying with section 2276 of such title, is under increasing strain, and needs to be replaced with a modern, state of the art launch infrastructure that encourages and enables continued growth and leadership in space access;

(5)

added maintenance of common use critical infrastructure like roads, culverts, bridges, deluge and water treatment facilities, supply lines, and electrical networks, among others, require immediate attention;

(6)

added investments in infrastructure have not kept pace with commercial demand primarily due to existing authorities which limit reimbursement, flexible financial investment facilities, and reinvestment of revenue in spaceport sustainment, modernization, and growth;

(7)

added the burgeoning commercial space industry requires a more holistic, responsive process leveraging public and private investment;

(8)

added the Department of Defense is constrained to provide services to commercial users only when not needed for public use, yet at the same time must promote commercial space launch capabilities as a critical enabler to national security;

(9)

added the United States Space Force has made great use of existing authorities and those provided by other non-Federal entities to leverage other sources of commercial and State investment to keep pace with demand;

(10)

added a similar State business development entity would be useful for supporting commercial space launch capability development in California at Vandenberg Space Force Base and other spaceports, and Congress looks forward to assisting the Department of Defense in improving its ability to plan and support commercial innovation while continuing to provide world class launch and test facilities; and

(11)

added the Secretary and the Department should engage with all stakeholders, including NASA, other relevant Federal agencies, and the associated congressional authorizing committees of jurisdiction, in any reporting, negotiation, policy, and potential legislative proposals on this matter.

Sec. 1621 Congressional oversight of clandestine activities that support operational preparation of the environment

added

added Section 127f of title 10, United States Code, is amended—

(1)

added by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and

(2)

added by inserting after subsection (d) the following new subsection:

added “(e) Quarterly briefing—On a quarterly basis, the Under Secretary of Defense for Intelligence and Security, in coordination with the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, shall provide to the congressional defense committees a briefing outlining the clandestine activities carried out pursuant to subsection (a) during the period covered by the briefing, including—

added “(1) an update on such activities carried out in each geographic combatant command and a description of how such activities support the respective theater campaign plan;

added “(2) an overview of the authorities and legal issues, including limitations, relating to such activities; and

added “(3) any other matters the Under Secretary considers appropriate.”

Sec. 1622 Executive agent for explosive ordnance intelligence

added

(a)

added In general— Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:

added “430c. Executive agent for explosive ordnance intelligence

added “(a) Designation—The Secretary of Defense shall designate the Director of the Defense Intelligence Agency as the executive agent for explosive ordnance intelligence.

added “(b) Definitions—In this section:

added “(1) The term explosive ordnance intelligence means technical intelligence relating to explosive ordnance (as defined in section 283(d) of this title), including with respect to the processing, production, dissemination, integration, exploitation, evaluation, feedback, and analysis of explosive ordnance using the skills, techniques, principles, and knowledge of explosive ordnance disposal personnel regarding fuzing, firing systems, ordnance disassembly, and development of render safe techniques, procedures and tools, publications, and applied technologies.

added “(2) The term executive agent has the meaning given the term DoD Executive Agent in Directive 5101.1.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 430b the following new item:

(c)

added Date of designation— The Secretary of Defense shall make the designation under section 430c of title 10, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.

Sec. 1623 Information on cover and cover support activities

added

(a)

added Information— Not less frequently than quarterly, the Secretary of Defense shall provide to the appropriate congressional committees information on the cover and cover support activities of the Department of Defense, including commercial activities conducted pursuant to section 431 of title 10, United States Code.

(b)

added Elements— The Secretary shall ensure that the information provided under subsection (a) includes, with respect to the period covered by the information, the following:

(1)

added A detailed description of each activity, operation, or other initiative for which an element of the Department of Defense has provided cover or engaged in cover support activities, including—

(A)

added a description of the specific cover and cover support activities; and

(B)

added whether such cover and cover support activities began before or during such period.

(2)

added Any other matters the Secretary determines appropriate.

(c)

added Form— The information under subsection (a) may be provided in classified form.

(d)

added Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—

(1)

added the congressional defense committees; and

(2)

added the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

Sec. 1631 Improvements to Nuclear Weapons Council

added

(a)

added Meetings— Subsection (b) of section 179 of title 10, United States Code, is amended—

(1)

added in paragraph (1), by inserting “and (4)” after “paragraph (2)”; and

(2)

added by adding at the end the following new paragraph:

added “(4) At least once annually, the Council shall hold a meeting that includes the Deputy Secretary of Defense, who may serve as chair for that meeting.”

(b)

added Responsibilities— Subsection (d) of such section is amended—

(1)

added by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively;

(2)

added by inserting after paragraph (9) the following new paragraph (10):

added “(10) With respect to nuclear warheads—

added “(A) reviewing military requirements, performance requirements, and planned delivery schedules to evaluate whether such requirements and schedules create significant risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating to nuclear weapons within the National Nuclear Security Administration; and

added “(B) if any such risk exists, proposing and analyzing adjustments to such requirements and schedules.”

(3)

added by striking paragraph (13), as so redesignated, and inserting the following new paragraph (13):

added “(13) Coordinating risk management efforts between the Department of Defense and the National Nuclear Security Administration relating to the nuclear weapons stockpile, the nuclear security enterprise (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate risks.”

(c)

added Reports relating to safety— Subsection (e) of such section is amended by striking “conducted by the Council” and inserting “for which the Council has received a briefing”.

(d)

added Plans and budget— Subsection (f) of such section is amended to read as follows:

added “(f) Review and assessment of plans and budget to support nuclear weapons requirements

added “(1) The Council shall annually review the plans and budget of the National Nuclear Security Administration and assess whether such plans and budget meet the current and projected requirements relating to nuclear weapons.

added “(2) Not later than 30 days after the President submits to Congress the budget for a fiscal year under section 1105(a) of title 31, the Council shall submit to the congressional defense committees a report containing the following:

added “(A) The assessment conducted under paragraph (1) with respect to that budget.

added “(B) An assessment of—

added “(i) whether the funding requested for the National Nuclear Security Administration in such budget—

added “(I) enables the Administrator for Nuclear Security to meet requirements relating to nuclear weapons for such fiscal year; and

added “(II) is adequate (as determined pursuant to section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year; and

added “(ii) whether the plans and budget reviewed under paragraph (1) will enable the Administrator to meet the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C. 2538a(a)).

added “(C) If the assessment under subparagraph (B)(ii) determines that the plans and budget reviewed under paragraph (1) will not enable the Administrator to meet the requirements to produce war reserve plutonium pits under section 4219(a) of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))—

added “(i) an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and

added “(ii) proposed alternative plans, budget, or requirements by the Council to meet such requirements.

added “(3) If a member of the Council does not concur in an assessment under paragraph (2), the report under such paragraph shall include a written explanation from the non-concurring member describing the reasons for the member’s non-concurrence.

added “(4) In this subsection, the term “budget” has the meaning given that term in section 231(f) of this title.”

(e)

added Updates on meetings— Subsection (g)(1)(A) of such section is amended by inserting before the semicolon the following: “and the members who attended each meeting”.

(f)

added Conforming amendment— Section 4717(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2757(b)(2)) is amended—

(1)

added in subparagraph (A), by inserting “and” after the semicolon; and

(2)

added by striking subparagraphs (B) and (C) and inserting the following new subparagraph (B):

added “(B) submit to the congressional defense committees the information required under section 179(f)(2) of title 10, United States Code.”

Sec. 1632 Portfolio management framework for nuclear forces

added

(a)

added In general— Chapter 24 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):

added “499c. Portfolio management framework for nuclear forces

added “(a) Requirement—Not later than January 1, 2024, the Secretary of Defense shall—

added “(1) implement a portfolio management framework for nuclear forces of the United States that—

added “(A) specifies the portfolio of nuclear forces covered by the framework;

added “(B) establishes a portfolio governance structure for such forces that takes advantage of, or is modeled on, an existing portfolio governance structure, such as the Deputy’s Management Action Group described in Department of Defense Directive 5105.79;

added “(C) outlines the approach of the Secretary for identifying and managing risk relating to such forces and prioritizing the efforts among such forces, including how the Secretary will coordinate such identification, management, and prioritization with the Secretary of Energy; and

added “(D) incorporates the findings and recommendations identified by the Comptroller General of the United States in the report titled “Nuclear Enterprise: DOD and NNSA Could Further Enhance How They Manage Risk and Prioritize Efforts” (GAO–22–104061) and dated January 2022; and

added “(2) complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces.

added “(b) Annual briefings

added “(1) In conjunction with the submission of the budget of the President to Congress pursuant to section 1105 of title 31 for fiscal year 2025 and each fiscal year thereafter, the Secretary shall provide to the congressional defense committees a briefing on identifying and managing risk relating to nuclear forces and prioritizing the efforts among such forces, including, with respect to the period covered by the briefing—

added “(A) the current and projected operational requirements for nuclear forces that were used for such identification, management, and prioritization;

added “(B) key areas of risk identified; and

added “(C) a description of the actions proposed or carried out to mitigate such risk.

added “(2) The Secretary may provide the briefings under paragraph (1) in classified form.

added “(c) Nuclear forces defined—In this section, the term nuclear forces includes, at a minimum—

added “(1) nuclear weapons;

added “(2) the delivery platforms and systems for nuclear weapons;

added “(3) nuclear command, control, and communications systems; and

added “(4) the supporting infrastructure for nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and communications systems, including related personnel, facilities, construction, operation, and maintenance.”

(b)

added Initial briefing—

(1)

added Requirement— Not later than June 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary to—

(A)

added develop the portfolio management framework for nuclear forces under section 499c of title 10, United States Code, as added by subsection (a); and

(B)

added complete the assessment described in subsection (a)(2) of such section.

(2)

added Form— The Secretary may provide the briefings under paragraph (1) in classified form.

Sec. 1633 Modification of Annual Assessment of Cyber Resilience of Nuclear Command and Control System

added

(a)

added Quarterly briefings— Subsection (d) of section 499 of title 10, United States Code, is amended to read as follows:

added “(d) Quarterly briefings

added “(1) Not less than once every quarter, the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff shall jointly provide to the Committees on Armed Services of the House of Representatives and the Senate—

added “(A) a briefing on any intrusion or anomaly in the nuclear command, control, and communications system that was identified during the previous quarter, including—

added “(i) an assessment of any known, suspected, or potential impacts of such intrusions and anomalies to the mission effectiveness of military capabilities as of the date of the briefing; and

added “(ii) with respect to cyber intrusions of contractor networks known or suspected to have resulted in the loss or compromise of design information regarding the nuclear command, control, and communications system; or

added “(B) if no such intrusion or anomaly occurred with respect to the quarter to be covered by that briefing, a notification of such lack of intrusions and anomalies.

added “(2) In this subsection:

added “(A) The term anomaly means a malicious, suspicious or abnormal cyber incident that potentially threatens the national security or interests of the United States, or that is likely to result in demonstrable harm to the national security of the United States.

added “(B) The term intrusion means an unauthorized and malicious cyber incident that compromises a nuclear command, control, and communications system by breaking the security of such a system or causing it to enter into an insecure state.”

(b)

added Conforming repeal— Section 171a of title 10, United States Code, is amended—

(1)

added by striking subsection (h); and

(2)

added by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.

Sec. 1634 Nuclear-capable sea-launched cruise missile

added

(a)

added Findings— Congress finds the following:

(1)

added Several senior military officers, including the Chairman and Vice Chairman of the Joint Chiefs of Staff and the Commander of United States Strategic Command, have offered their support for continued research and development of a nuclear-capable sea-launched cruise missile to strengthen nuclear deterrence.

(2)

added Deploying a nuclear-capable sea-launched cruise missile on naval vessels would “not come without a cost”, as was testified by Chief of Naval Operations Admiral Mike Gilday. Admiral Gilday described the challenges associated with training, sustainability, reliability, and readiness that would be associated with adding a nuclear mission and went on to say that he was “not convinced yet that we need to make a $31,000,000,000 investment in that particular system to close that particular gap”. Instead, he recommended keeping “a small amount of money” for research and development of the nuclear-capable sea-launched cruise missile as the Department of Defense seeks to better understand the implications of living with two nuclear-armed peer competitors.

(b)

added Reports—

(1)

added Deterrence— Not later than 270 days after the date of the enactment of this Act, the Secretary of the Defense shall submit to the congressional defense committees a report that describes the approach by the Department of Defense for deterring theater nuclear employment by Russia and China, including—

(A)

added an assessment of the current and future theater nuclear capabilities and doctrine of Russia and China;

(B)

added an explanation of the strategy and capabilities of the United States for deterring theater nuclear employment; and

(C)

added a comparative assessment of options for strengthening deterrence of theater nuclear employment, including pursuit of the nuclear-capable sea-launched cruise missile and other potential changes to the nuclear and conventional posture and capabilities of the United States.

(2)

added Cost— Not later than 270 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that describes the full cost of developing, producing, fielding, and maintaining nuclear-capable sea-launched cruise missiles through at least 2050, including—

(A)

added the costs associated with research and development and production of the missile;

(B)

added the costs associated with modifications to port infrastructure;

(C)

added the costs associated with nuclear certification, personnel training, and operations; and

(D)

added any other incremental costs compared to sustaining and operating nonnuclear naval vessels.

(3)

added Operational limitations— Not later than 270 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that describes any operational limitations and trade-offs that would be associated with deploying nuclear-capable sea-launched cruise missiles on naval vessels, including—

(A)

added the effect of allocating missile or torpedo tubes from conventional munitions to nuclear munitions;

(B)

added operational constraints and trade-offs associated with reserving or limiting naval vessels on account of nuclear mission requirements;

(C)

added trade-offs in posture and capabilities that the Navy would likely face if the Navy had to allocate more resources to a nuclear-capable missiles; and

(D)

added any other issues identified by the Secretary.

(4)

added Development— Not later than 270 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report that describes the cost and timeline of developing and producing a warhead for a nuclear-capable sea-launched cruise missile, including—

(A)

added the cost of developing, producing, and sustaining the warhead;

(B)

added the timeline for the design, production, and fielding of the warhead; and

(C)

added an assessment of how the pursuit of the warhead would affect other planned warhead activities of the National Nuclear Security Administration, including whether there would be risk to the cost and schedule of other warhead programs of the Administration if the Administrator added a nuclear-capable sea-launched cruise missile warhead to the portfolio of such programs.

(5)

added Preferred course of action— To inform the reports under this subsection, not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report identifying one or more preferred courses of action from among the actions identified in the analysis of alternatives for a nuclear-capable sea-launched cruise missile.

(c)

added Limitation—

(1)

added In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the National Nuclear Security Administration may be obligated or expended for a purpose specified in paragraph (2) until—

(A)

added each of the reports under subsection (b) have been submitted to the congressional defense committees; and

(B)

added the Secretary of Defense, in coordination with the Administrator for Nuclear Security, certifies to the congressional defense committees that the development and deployment of a nuclear-capable sea-launched cruise missile is required to meet a valid military requirement and would not create significant risk to conventional or nuclear deterrence by constraining conventional military operations or trading-off with the pursuit of other conventional or nuclear military capabilities.

(2)

added Funds specified— The purposes specified in this paragraph are the following:

(A)

added With respect to the Department of Defense, system development and demonstration of a nuclear-capable sea-launched cruise missile.

(B)

added With respect to the National Nuclear Security Administration, development engineering for a modified, altered, or new warhead for a sea-launched cruise missile.

(d)

added Definitions— In this section:

(1)

added The term development engineering means activities under phase 3 of the joint nuclear weapons life cycle (as defined in section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b) or phase 6.3 of a nuclear weapons life extension program.

(2)

added The term system development and demonstration means the activities occurring in the phase after a program achieves Milestone B approval (as defined in section 4172 of title 10, United States Code).

Sec. 1635 Limitation on availability of certain funds until submission of information relating to proposed budget for nuclear-armed sea-launched cruise missile

added

added In addition to the limitation under section 1640 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2092), 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 the Navy for travel by the Secretary of the Navy, not more than 50 percent may be obligated or expended until the Secretary submits to the congressional defense committees all written communications from or to personnel of the Department of the Navy regarding the proposed budget amount or limitation for the nuclear-armed sea-launched cruise missile contained in the defense budget materials (as defined by section 231(f) of title 10, United States Code) relating to the Navy for fiscal year 2023.

Sec. 1636 Prohibition on reduction of the intercontinental ballistic missiles of the United States

added

(a)

added Prohibition— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:

(1)

added Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.

(2)

added Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.

(b)

added Exception— The prohibition in subsection (a) shall not apply to any of the following activities:

(1)

added The maintenance or sustainment of intercontinental ballistic missiles.

(2)

added Ensuring the safety, security, or reliability of intercontinental ballistic missiles.

(3)

added Facilitating the transition from the Minuteman III intercontinental ballistic missile to the Sentinel intercontinental ballistic missile (previously referred to as the “ground-based strategic deterrent weapon”).

Sec. 1641 Repeal of requirement to transition ballistic missile defense programs to the military departments

added

added Section 1676 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4205 note) is amended by striking subsection (b).

Sec. 1642 Fire control architectures

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the new missile track and warning architecture in the budget request of the President for fiscal year 2023 makes a needed and significant shift to a more resilient and robust capability that will be necessary to address future threats in the domain;

(2)

added the tranche 1 and 2 capabilities of the Space Development Agency are critical to such new architecture and should continue to be funded appropriately to deliver missile track and warning capability from low-Earth orbit in the mid-2020s timeframe;

(3)

added section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062) directs the Director of the Missile Defense Agency to develop a sensor payload to be integrated into architecture of the Space Development Agency or Space Force to provide fire control quality data that would enable the interception of both ballistic and hypersonic threats;

(4)

added as the Space Warfighting Analysis Center of the Space Force reviews candidate architectures for fire control quality data, the Center should take into account the investment made to date and capability being developed by the hypersonic and ballistic tracking space sensor program for integration into the future architecture; and

(5)

added the Center should also consider current or planned programs of the intelligence community that could be integrated to increase the ability to contribute to fire control architectures of the Department of Defense.

(b)

added Fire control quality data requirement— In carrying out the analysis of candidate fire control architectures, the Secretary of the Air Force shall ensure that the Director of the Space Warfighting Analysis Center of the Space Force, at a minimum, maintains the requirements needed for the missile defense command and control, battle management, and communications system to pass the needed quality data within the timelines needed for current and planned interceptor systems to support engagements of ballistic and hypersonic threats as described in section 1645 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062).

(c)

added Briefing— Not later than 14 days after the date on which the Director of the Space Warfighting Analysis Center concludes the analysis of candidate fire control architectures, the Director shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the results of the analysis, including the findings of the Director and the architecture recommended by the Director for a future fire control architecture to support engagement of ballistic and hypersonic threats.

Sec. 1643 Limitation on availability of certain funds until required acquisition authority designation relating to capability to defend the homeland from cruise missiles

added

(a)

added Finding— Congress finds that the Secretary of Defense has yet to designate a military department or Defense Agency with acquisition authority with respect to the capability to defend the homeland from cruise missiles in accordance with section 1684(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4205 note).

(b)

added Limitation— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense for travel by the Deputy Secretary of Defense, not more than 90 percent may be obligated or expended until the Secretary of Defense designates a military department or Defense Agency with acquisition authority with respect to the capability to defend the homeland from cruise missiles.

(c)

added Defense Agency defined— In this section, the term “Defense Agency” has the meaning given that term in section 101(a)(11) of title 10, United States Code.

Sec. 1644 Limitation on availability of funds until submission of report on layered defense for the homeland

added

added 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 operating the Office of Space Policy, not more than 75 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees the report described in House Report 117–118 under the heading “Layered Defense for the Homeland”.

Sec. 1645 Middle East integrated air and missile defense

added

(a)

added In general— The Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall seek to cooperate with allies and partners of the United States in the area of responsibility of the United States Central Command to improve integrated air and missile defense capability to protect the people, infrastructure, and territory of such allies and partners from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran. The Secretary shall seek to cooperate with countries that have the ability to contribute to, adopt, and maintain an integrated air and missile defense capability, and a commitment to countering air and missile threats to bring security to the region.

(b)

added Strategy—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, consistent with the protection of intelligence sources and methods, the Secretary shall submit to the appropriate congressional committees a strategy on increasing cooperation with allies and partners in the area of responsibility of the United States Central Command to implement an integrated air and missile defense architecture to protect the people, infrastructure, and territory of such allies and partners from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks from Iran.

(2)

added Contents— The strategy submitted under paragraph (1) shall include the following for countries the Secretary determines meets the characteristics of subsection (a):

(A)

added An assessment of the threat of ballistic and cruise missiles, manned and unnamed aerial systems, and rocket attacks from Iran.

(B)

added A description of current efforts to coordinate indicators and warnings from such attacks with allies and partners in the region.

(C)

added An analysis of United States allied and partner systems currently in the region to defend against air and missile attacks

(D)

added An explanation of how an integrated regional air and missile defense architecture would improve collective security in the Central Command area of responsibility, similar to that of the European Command.

(E)

added A description of efforts to engage specified foreign partners in establishing such an architecture.

(F)

added An identification of any challenges in establishing an integrated air and missile defense architecture with specified foreign partners.

(G)

added A description of relevant coordination with the Secretary of State and the ways in which such an architecture advances United States regional diplomatic goals and objectives.

(H)

added Such other matters as the Secretary considers relevant.

(3)

added Protection of sensitive information— Any activity carried out under paragraph (1) shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States.

(4)

added Format— The strategy submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The congressional defense committees.

(2)

added The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

(3)

added The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Sec. 1646 Strategy to use asymmetric capabilities to defeat hypersonic missile threats

added

(a)

added Requirement— Not later than March 1, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a comprehensive layered strategy to use asymmetric capabilities to defeat hypersonic missile threats.

(b)

added Elements— The strategy under subsection (a) shall—

(1)

added address all asymmetric capabilities of the United States, including with respect to—

(A)

added directed energy, as described in section 1664 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 205 note) and including short-pulse laser technology;

(B)

added microwave systems;

(C)

added cyber capabilities; and

(D)

added any other capabilities determined appropriate by the Secretary and Director; and

(2)

added identify the funding required to implement the strategy during the period covered by the future-years defense program submitted to Congress under section 221 of title 10, United States Code, in 2023.

Sec. 1647 Report on integrated air and missile defense sensor of United States Indo-Pacific Command

added

(a)

added Sense of Congress— It is the sense of Congress that the budget of the President for fiscal year 2023 submitted to Congress pursuant to section 1105 of title 31, United States Code—

(1)

added includes funding to develop and procure an integrated air and missile defense architecture to defend Guam that includes multiple mobile components located across Guam, however, a full assessment of the manning and infrastructure needed to support those components, including items such as power, water, and availability of personnel housing, was not included in the overall determination of feasibility; and

(2)

added did not include funding for the continued development of the discrimination radar for homeland defense planned to be located in Hawaii because of an ongoing reevaluation of the missile defense posture and sensor architecture in the area of responsibility of the United States Indo-Pacific Command.

(b)

added Report—

(1)

added Requirement— Not later than 90 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 findings of the review conducted by the Secretary of the integrated air and missile defense sensor architecture of the United States Indo-Pacific Command.

(2)

added Investments— The report under paragraph (1) shall identify the investments that should be made to increase the detection of non-ballistic threats and improve the discrimination of ballistic missile threats, particularly with regard to Hawaii.

(3)

added Form— The report under paragraph (1) shall be submitted in unclassified form, and may include a classified annex.

(c)

added Review of integrated air and missile defense architecture to defend Guam—

(1)

added Requirement— 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 an independent assessment of the integrated air and missile defense architecture to defend Guam.

(2)

added Elements— The assessment under paragraph (1) shall include an analysis of each of the following:

(A)

added The proposed architecture capability to address non-ballistic and ballistic missile threats to Guam, including the sensor, command and control, and interceptor systems being proposed.

(B)

added The development and integration risk of the proposed architecture.

(C)

added The manning required to operate the proposed architecture, including the availability of housing and infrastructure on Guam to support the needed manning levels.

(3)

added Submission— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the assessment under paragraph (1), without change.

Sec. 1648 Risk reduction in procurement of Guam missile defense system

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the defense of Guam and the Armed Forces that operate there is of key strategic significance and is one of the top priorities for United States Indo-Pacific Command and the United States;

(2)

added the most severe adversary threat to Guam consists of long-range hypersonic and cruise missiles launched from a variety of air, land, and sea-based platforms;

(3)

added the current plan of the Missile Defense Agency using a mixed architecture which, when applied to the launcher systems, relies on numerous road-mobile transport erector launchers for launching, and is an unproven and high-risk plan; and

(4)

added the existing vertical launch system, which can accommodate the standard missile–3 and the standard missile–6, is a more capable and tested system and provides reasonable risk reduction to the short-term missile defense of Guam, and in the long term provides much needed capacity increase.

(b)

added Authority for procurement— Except as provided by subsection (c), not later than December 31, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall rapidly procure and field up to three vertical launching systems that can accommodate planned interceptors operated by the Navy as of the date of the enactment of this Act.

(c)

added Waiver— The Secretary may waive the requirement under subsection (b) if—

(1)

added the Secretary determines that the waiver is in the best interest of the national security of the United States;

(2)

added the Secretary submits to the congressional defense committees a notification of such waiver, including a justification; and

(3)

added a period of 120 days has elapsed following the date of such notification.

Sec. 1649 Plan on delivering Shared Early Warning System data to certain allies and partners of the United States

added

(a)

added Findings— Congress finds the following:

(1)

added The Shared Early Warning System currently provides accurate and timely ballistic missile warning information generated by space-based infrared sensors to the United States and select foreign countries.

(2)

added As has been demonstrated in Russia's unlawful invasion of and war in Ukraine, missile warning data provided to allies and partners of the United States could allow for critical warning to prevent widespread civilian casualties.

(3)

added The rapid technical fielding of Shared Early Warning System capabilities should be prioritized in future bilateral defense negotiations with allies and partners of the United States.

(b)

added Plan— The Secretary of Defense, with the concurrence of the Secretary of State and the Director of National Intelligence, shall develop a technical fielding plan to deliver information under the Shared Early Warning System regarding a current or imminent missile threat to allies and partners of the United States that, as of the date of the plan, do not receive such information.

(c)

added Report— 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 on how rapid technical fielding of the Shared Early Warning System could be provided to allies and partners of the United States that—

(1)

added are not member states of the North Atlantic Treaty Organization; and

(2)

added are under current or imminent hostile aggression and threat of missile attack.

(d)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:

(1)

added The congressional defense committees.

(2)

added The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

(3)

added The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.

Sec. 1650 Reports on ground-based interceptors

added

added Not later than 30 days after the date of the enactment of this Act, and on a quarterly basis thereafter until the date on which the next generation interceptor achieves initial operating capability, the Director of the Missile Defense Agency, with the concurrence of the Commander of the United States Northern Command, shall submit to the congressional defense committees a report that includes the following:

(1)

added An identification of the number of ground-based interceptors operationally available to the Commander.

(2)

added If such number is different from the report previously submitted under this section, the reasons for such difference.

(3)

added Any anticipated changes to such number during the period covered by the report.

Sec. 1651 Report on missile defense interceptor site in contiguous United States

added

(a)

added Requirement— Not later than March 31, 2023, the Secretary of Defense, acting through the Director of the Missile Defense Agency, shall submit to the congressional defense committees a report containing—

(1)

added an updated assessment of the requirement for a missile defense interceptor site in the contiguous United States; and

(2)

added a funding profile, by year, of the total costs for the development and construction of such site, considering the designation of Fort Drum, New York, as the conditionally designated preferred site.

(b)

added Funding— Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Missile Defense Agency for unspecified military construction planning and design, not more than $5,000,000 may be obligated or expended for activities associated with a missile defense interceptor site in the contiguous United States described in subsection (a).

Sec. 1661 Cooperative threat reduction funds

added

(a)

added Funding allocation— Of the $341,598,000 authorized to be appropriated to the Department of Defense for fiscal year 2023 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:

(1)

added For strategic offensive arms elimination, $6,859,000.

(2)

added For chemical security and elimination, $14,998,000.

(3)

added For global nuclear security, $18,088,000.

(4)

added For biological threat reduction, $225,000,000.

(5)

added For proliferation prevention, $45,890,000.

(6)

added For activities designated as Other Assessments/Administration Costs, $30,763,000.

(b)

added Specification of cooperative threat reduction funds— Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2023, 2024, and 2025.

Sec. 1662 Study of weapons programs that allow the Armed Forces to address hard and deeply buried targets

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the ability of the United States to hold at risk hard and deeply buried targets now and in the future is critical; and

(2)

added while the Department of Defense is undertaking a study of nuclear and nonnuclear options to hold at risk this growing target set, Congress is concerned about the progress of this study.

(b)

added Study— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Commander of the United States Strategic Command, and in consultation with the Administrator for Nuclear Security, shall submit to the congressional defense committees a study on options to hold at risk hard and deeply buried targets.

(c)

added Elements— The study under subsection (b) shall include the following:

(1)

added An analysis of the current and emerging hard and deeply buried target mission set and associated military requirements, including—

(A)

added the number and locations of the targets; and

(B)

added the associated military requirements for the United States Strategic Command, including the importance of threatening the targets to meeting the objectives of the United States.

(2)

added A study of weapons programs that allow the Armed Forces to address hard and deeply buried targets, including—

(A)

added any nuclear or nonnuclear weapon and delivery system the Secretary determines appropriate, including the cost, timeline for fielding, and likely effectiveness of any capability under consideration; and

(B)

added an assessment of a service life extension program of the B83 nuclear gravity bomb as one of the options.

(3)

added A proposed strategy for fielding capabilities and making other adjustments to the strategy and plans of the United States to account for the growing hard and deeply buried target set, including a five-year funding profile for the preferred alternative weapon and the secondary alternative weapon studied under paragraph (2).

(d)

added Briefing— Upon completion of the study under subsection (b), the Secretary shall provide the Committees on Armed Services of the House of Representatives and the Senate a briefing on the findings and recommendations of the study.

Sec. 1701 Modification to Special Defense Acquisition Fund

added

added Section 114(c)(1) of title 10, United States Code, is amended by striking “$2,500,000,000” and inserting “$3,500,000,000”.

Sec. 1702 Development of technologies with respect to critical, preferred, and precision-guided conventional munitions

added

(a)

added In general— Subject to the availability of appropriations, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the Army, Navy, and Air Force and the heads of the Defense Agencies, shall develop and invest in the following with respect to critical, preferred, and precision-guided conventional munitions:

(1)

added Technologies to—

(A)

added reduce the costs of such munitions;

(B)

added increase the reliability and lethality of such munitions; and

(C)

added simplify the manufacturing processes for such munitions.

(2)

added Technologies related to the diversification of the supply chains relevant to the production of such munitions.

(3)

added The development of novel methods to more easily and affordably manufacture such munitions, including the capability of rapid production scaling to meet required demand.

(b)

added Types of technologies— The types of technologies developed under subsection (a) shall include—

(1)

added the additive manufacturing of components, including energetics;

(2)

added expeditionary manufacturing;

(3)

added simplified supply chains, including, where possible, the use of open source, commercial, and commercial-derived technologies, including microelectronics; and

(4)

added such other technologies as the Under Secretaries determine appropriate.

(c)

added Report— Not later than 90 days after the date of the enactment of this Act, the Under Secretaries shall jointly submit to the congressional defense committees a report on the plan to carry out this section.

Sec. 1703 Sense of Congress and quarterly briefings on replenishment and revitalization of stocks of tactical missiles provided to Ukraine

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the delivery of anti-tank and air defense missiles and munitions to Ukraine by the United States and numerous allies and partners around the world has had a crucial impact on the ability of Ukraine to resist Russia’s illegal invasion;

(2)

added the war in Ukraine has demonstrated the utility of these weapons in contemporary military conditions;

(3)

added it is vital to continue providing Ukraine with such assistance, as needed, in an appropriately rapid and sustained manner;

(4)

added the ability of the Department of Defense to support replenishment of these stocks is a matter of major importance for—

(A)

added the provision of additional support, as needed, to Ukraine;

(B)

added the defense needs of the United States; and

(C)

added the defense needs of allies and partners that have provided, or are considering providing, their own stocks to assist Ukraine.

(5)

added in response to the March 18, 2022, letter sent by the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives, the Department of Defense responded effectively with efforts to buy down strategic risk and accelerate production of air defense munitions;

(6)

added the effort to replace existing stocks while prioritizing the rapid development of a low-cost, exportable evolution of a short-range air defense system should proceed as quickly and efficiently as possible;

(7)

added the Department of Defense should continue to develop and pursue this strategy while providing full transparency into its efforts to buy down strategic risk and engaging in substantial dialogue regarding the path forward;

(8)

added the Department of Defense should use its authorities to work with allies and partners in a focused and sustained manner to advance the replenishment of munitions stocks for allies and partners that have provided, or are contemplating providing, such equipment to Ukraine, in order to ensure they are capable of meeting ongoing alliance and partnership deterrence and security needs.

(b)

added Quarterly briefings— The Secretary of Defense shall provide to Congress quarterly briefings, in accordance with subsection (c), on the progress of the Department of Defense toward replenishing and sustaining the production capacity and stocks of covered systems that have been delivered to Ukraine as part of the effort to—

(1)

added support Ukraine’s resistance against Russian aggression; and

(2)

added buy down strategic risks.

(c)

added Elements of briefings—

(1)

added Briefings on US stocks— The Secretary of Defense shall provide to the congressional defense committees quarterly briefings that include each of the following:

(A)

added A timeline and budgetary estimate for developing and procuring replacement stocks of covered systems for the United States.

(B)

added An identification of any opportunities to allow vendors to compete for agreements to produce next-generation short-range tactical missiles, launchers, fire controls, and any other supporting equipment.

(C)

added An analysis of risks within the industrial base that provides support for covered systems, and detailed options to mitigate those risks.

(D)

added A discussion of options to maximize competition among providers of covered systems and components thereof, and an identification of any gaps in legal authority to pursue and achieve the objectives of maximizing competition and replenishing and sustaining the production capacity of covered systems.

(E)

added An update on the use of the authorities of the Department of Defense to replenish and sustain the production capacity and stocks of covered systems referred to in subsection (b).

(2)

added Briefings on stocks of allies and partners— The Secretary of Defense shall provide to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate quarterly briefings that include each of the following:

(A)

added A timeline and budgetary estimate for developing and procuring replacement stocks of covered systems for allies and partners of the United States.

(B)

added An update on the efforts of the Department to work with allies and partners of the United States to advance the replenishment of munitions stocks for such allies and partners that have provided, or are contemplating providing, such stocks to Ukraine.

(d)

added Covered system— In this section, the term “covered system” means any short-range tactical missile (including any SHORAD or anti-tank missile), loitering munition, drone, or ammunition.

(e)

added Termination— The requirement to provide quarterly briefings under this section shall terminate on December 31, 2026.

Sec. 1704 Assessment of acquisition objectives for Patriot air and missile defense battalions

added

(a)

added Findings; sense of Congress—

(1)

added Findings— Congress finds the following:

(A)

added The unlawful Russian invasion of and war in Ukraine has highlighted the importance of lower tier air and missile defense capabilities in the European Area of Command.

(B)

added The emergency supplemental appropriations request by the President for the situation in Ukraine for fiscal year 2022 included funding for a 16th Patriot air and missile defense system battalion, which increases the long standing inventory requirement by one battalion.

(2)

added Sense of Congress— It is the sense of Congress that given the evolving cruise- and ballistic-missile threat from rogue nations and near-peer adversaries, particularly in regional scenarios, the Secretary of the Army should reassess the current battalion and interceptor acquisition objectives for the Patriot air and missile defense system to determine if 16 battalions and 3,376 Patriot advanced capability-3 missile segment enhancement missiles are still valid.

(b)

added Assessment— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Army shall assess and validate the battalion and interceptor acquisition objectives, as of the date of the enactment of this Act, for the Patriot air and missile defense system and Patriot advanced capability-3 missile segment enhancement missiles.

(c)

added Report— Not later than 30 days after the date on which the Secretary completes the assessment under subsection (b), the Secretary shall submit to the congressional defense committees a report on the assessment, including whether the acquisition objectives described in such subsection are valid or should be modified.

(d)

added Authority— Subject to the availability of appropriations for such purpose, the Secretary of the Army may procure up to four additional Patriot air and missile defense battalions to achieve a total of up to 20 such battalions.

Sec. 1705 Federally funded research and development center analysis of Department of Defense capability and capacity to replenish missile and munition inventories

added

(a)

added Sense of Congress— It is the sense of Congress that—

(1)

added the ongoing war in Ukraine has highlighted the importance of understanding the defense industrial base gaps and limitations of replenishing inventories of critical, preferred, and precision-guided weapon systems; and

(2)

added the ability of the Department of Defense to replenish critical munitions in the event of a conflict with a strategic competitor lasting not less than six months is of critical importance to the national security interests of the United States.

(b)

added FFRDC study—

(1)

added 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 an appropriate federally funded research and development center for the conduct of a detailed analysis of the capability of the Department of Defense replenish inventory of the weapons described in paragraph (3) to address long-range strike capabilities, including against naval surface and subsurface, as well as land-based forces, air superiority, interdiction, air and missile defense, and hard and deeply buried target mission areas. Such an agreement shall provide that an analysis conducted pursuant to the agreement shall be completed within 180 days.

(2)

added Matters for consideration— An analysis conducted pursuant to an agreement under paragraph (1) shall include a consideration of each of the following with respect to the weapons described in paragraph (3):

(A)

added Any gaps in current or near-term production capability through 2025 or capacity due to the loss, impending loss, or obsolescence of manufacturers or suppliers of items, raw materials, or software, along with recommendations to address the highest priority gaps.

(B)

added The capability to significantly increase current levels of production beyond steady-state demand requirements, including an assessment of sub-tier supplier capacity, capability, and rates of production.

(C)

added The predicted production capability and capacity during the time period beginning in 2025 and ending in 2035, including the capability and any recommendations to significantly increase production during that time period.

(D)

added The reliance of the United States on materials and parts that are produced or sourced in foreign countries, particularly in the case of such reliance on a sole-source producer or supplier, an identification of countries of origin of such materials and parts, and associated recommendations to address any priority vulnerabilities.

(E)

added The capacity of the organic industrial base, including both Government-operated and contractor-operated facilities, to support surge production, and an identification of the weapons that each such facilities is equipped, or could be equipped, to produce.

(3)

added Weapons described— The weapons described in this paragraph are each of the following:

(A)

added Evolved sea sparrow missile.

(B)

added MK 48 heavyweight torpedo.

(C)

added Standard missile variants (SM-6, SM-3 block IB and SM-3 block IIA).

(D)

added Patriot guided missiles.

(E)

added Terminal high altitude area defense interceptors.

(F)

added Guided and ballistic missiles fired from the multiple launch rocket system (MLRS) or the high mobility artillery rocket system (HIMARS).

(G)

added Javelin missile.

(H)

added Stinger missile.

(I)

added Air intercept missile (AIM)-9X-Sidewinder.

(J)

added AIM-120D - Advanced medium range air-to-air missile (AMRAAM).

(K)

added Air to ground (AGM)-114 - hellfire missile.

(L)

added Small diameter bomb II.

(M)

added Joint direct attack munition.

(N)

added Advanced penetrating bombs.

(O)

added Enhanced fragmentation bombs.

(P)

added Low collateral damage bombs.

(Q)

added Tomahawk land attack missile.

(R)

added Maritime strike tomahawk.

(S)

added Long range anti-ship missile.

(T)

added Naval strike missile.

(U)

added Joint air-to-surface standoff missile-extended range.

(V)

added Harpoon anti-ship missile.

(W)

added Any other weapon that the Secretary of Defense or the federally funded research and development center determine should be included in the analysis.

(4)

added Report—

(A)

added In general— Not later than 180 days after entering into an agreement under subsection (a), the Secretary shall submit to the congressional defense committees a report containing the unaltered results of the analysis completed pursuant to the agreement.

(B)

added Form— The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

Sec. 1706 Out-Year Unconstrained Total Munitions Requirement, Out-Year inventory numbers, and critical munitions reserve

added

(a)

added Annual reporting requirements— Section 222c of title 10, United States Code, is amended—

(1)

added in subsection (a)—

(A)

added by striking “the chief of staff of each armed force (other than the Coast Guard)” and inserting “the Under Secretary of Defense for Acquisition and Sustainment”;

(B)

added by striking “such armed force” and inserting “each armed force (other than the Coast Guard)”; and

(C)

added by inserting “for each critical munitions program” after “the following”;

(2)

added by striking subsection (b);

(3)

added by redesignating subsections (c) and (d) as subsections (b) and (c), respectively;

(4)

added by amending subsection (c), as so redesignated, to read as follows:

added “(c) Implementation guidance used—A report required to be submitted under subsection (a) for a fiscal year shall include a description and explanation of the munitions requirements process implementation guidance developed by the Under Secretary of Defense for Acquisition and Sustainment and used by each armed force for the munitions requirements process for such armed force for that fiscal year. Such description and explanation shall include each of the following:

added “(1) A list of configurations fielded as of the date of the submittal of the report.

added “(2) The percentage of the total munitions inventory that is fielded, by configuration.

added “(3) The average shelf life and age of the munitions in the inventory and the percentage of the munitions in the inventory that will exceed shelf life during the ten-year period following the date of the submittal of the report.

added “(4) The number of years required to meet the out-year unconstrained total munitions requirement at the rate requested for the fiscal year covered by the report.

added “(5) The average rate of procurement during the three-year period preceding the date of the submittal of the report, and the number of years required to meet the out-year unconstrained total munitions requirement at such three-year average rate.

added “(6) The additional amount of funding that would be required, for each fiscal year, to meet the out-year unconstrained total munitions requirement for each munition by the end of the period covered by the most recent future-years defense program submitted to Congress pursuant to section 221 of this title.

added “(7) Such other information as the Under Secretary determines is appropriate.”

(5)

added by inserting after subsection (c) the following new subsection (d):

added “(d) Critical munitions reserve

added “(1) For each critical munitions program, the Under Secretary of Defense for Acquisition and Sustainment shall establish and maintain a critical munitions reserve, through which the Under Secretary shall procure longest lead sub-components, concurrent with year production, to provide the capability to quickly access the amount of critical munitions inventory required for one or more years in order to accelerate the delivery of such munitions.

added “(2) A critical munitions reserve under paragraph (1) may take the form of a rotable pool to facilitate the timely use of critical munitions material while producing sufficient quantities of such material to maintain an ongoing reserve of such material.

added “(3) The Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees quarterly reports on the critical munitions reserves maintained under this paragraph, which shall include the recommendations of the Under Secretary with respect to—

added “(A) the management of the critical munition reserves, including any recommendations for legislative changes; and

added “(B) critical munitions components for inclusion in the critical munitions reserves and funding requirements for each such component.”

(6)

added in subsection (e), as so redesignated, by striking paragraph (1) and inserting the following new paragraph (1):

added “(1) The term “critical munition” means a munition that—

added “(A) is considered to be among the most important for executing plan objectives in one or more conflict scenarios;

added “(B) has an inventory that is insufficient to meet the requirements of the national defense strategy under section 113(g) of this title; and

added “(C) has a projected inventory that is forecasted to remain insufficient at the end of the period covered by the future-years defense program most recently submitted to Congress pursuant to section 221 of this title.”

(b)

added Report on critical munitions reserve— Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the progress of the Under Secretary in establishing the critical munitions reserves required by subsection (d) of section 222c of title 10, United States Code, as added by subsection (a)(5).

Sec. 1707 Identification of subcontractors for critical munitions contracts

added

(a)

added Identification of subcontractors— Not later than 210 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program to establish a process for identifying subcontractors (at any tier) that, on the date on which the process described in subsection (a) is implemented—

(1)

added are performing one or more critical munitions contracts; and

(2)

added

(A)

added provide products to a prime contractor or a higher-tier subcontractor for such prime contractor under such a contract; or

(B)

added are responsible for the storage or handling of controlled unclassified information under such a contract.

(b)

added Use of framework— The Under Secretary shall, to the extent practicable, use the framework developed under section 4819 of title 10, United States Code, to carry out the pilot program established under this section.

(c)

added Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees an implementation plan for the pilot program required by this section. Such plan shall include the following:

(1)

added Information on the practices that will be used to apply processes established under the pilot program, including an identification of any practices used by the Missile Defense Agency or the Strategic Capabilities Office that identify subcontractors (at any tier) for covered contracts.

(2)

added A list of programs of the Department of Defense to which the Under Secretary will apply the process established under this section.

(d)

added Recommendations— Not later than 90 days after the implementation of the pilot program required by this section, the Under Secretary shall submit to the congressional defense committees recommendations on the feasibility of expanding, beginning on or after November 1, 2023, the pilot program established under this section to Department of Defense program under which a DO-rated order or a DX-rated order may be placed.

(e)

added Definitions— In this section:

(1)

added The term “covered contract” means a critical munitions contract for which a subcontractor (at any tier)—

(A)

added provides products to a prime contractor or a higher-tier subcontractor for such prime contractor; or

(B)

added is responsible for the storage or handling of controlled unclassified information.

(2)

added The term “critical munition” has the meaning given such term in section 1705 of this Act.

(3)

added The term “critical munitions contract” means a contract between the Department of Defense and a prime contractor for the procurement of critical munitions.

(4)

added The term “DO-rated order” means an order with a priority rating of “critical to national defense” in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).

(5)

added The term “DX-rated order” means an order with a priority rating of “highest national defense urgency” in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).

Sec. 1708 Study on stockpiles and production of critical guided munitions

added

(a)

added Study— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete a study to determine how rapidly stockpiles of the United States of critical guided munitions would become depleted in the event of the involvement of the United States in a large-scale conflict.

(b)

added Matters— The study under subsection (a) shall include, at a minimum, the following:

(1)

added Modeling of the monthly munitions expenditure of the United States in the scenario of a large-scale conflict (lasting for a period of at least 180 days) in Europe during fiscal year 2025, at various levels of conflict intensity, including conflicts involving 25, 50, and 75 percent of the force structure of the land, naval, and air forces of the active Armed Forces.

(2)

added Modeling of the monthly munitions expenditure of the United States in the scenario of a large-scale conflict (lasting for a period of at least 180 days) in East Asia during fiscal year 2025, at various levels of conflict intensity, including conflicts involving 25, 50, and 75 percent of the force structure of the land, naval, and air forces of the active Armed Forces.

(3)

added An analysis of how rapidly stockpiles of the United States of critical guided munitions would become depleted in each of the scenarios referred to in paragraphs (1) and (2) for, at a minimum, the following munitions:

(A)

added Air Intercept Missile-260.

(B)

added Joint Direct Attack Munition.

(C)

added Long Range Anti-Ship Missile.

(D)

added Naval Strike Missile.

(E)

added Standard Missile-2.

(F)

added Standard Missile-6.

(G)

added Harpoon Anti-ship Missile.

(H)

added MK-48 torpedo.

(I)

added Each variant of the following:

(i)

added Air Intercept Missile-9.

(ii)

added Air Intercept Missile-120.

(iii)

added Army Tactical Missile System.

(iv)

added Guided Multiple Launch Rocket System.

(v)

added Javelin.

(vi)

added Joint Air-to-Surface Standoff Missile.

(vii)

added Patriot Missile.

(viii)

added Precision Strike Missile.

(ix)

added Stinger.

(x)

added Tomahawk Cruise Missile.

(4)

added An analysis of the time and resources that would be necessary to restart production lines for the critical guided munitions specified in paragraph (3) that, as of the period during which the study is conducted, are not in production by the United States.

(5)

added An analysis of the time and resources that would be necessary to increase the monthly production of critical guided munitions to meet the expenditure rates projected pursuant to the modeling under paragraphs (1) and (2).

(c)

added Report and briefing—

(1)

added In general— Not later than 120 days after the date of the completion of the study under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report, and provide to the congressional defense committees a briefing, on the study. Such report shall contain the following:

(A)

added A summary of the findings of the study.

(B)

added Recommendations to expedite the production of the munitions specified in subsection (b)(3).

(2)

added Form— The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.

(d)

added Critical guided munition— In this section, the term “critical guided munition” means—

(1)

added any munition specified in subsection (b)(3); and

(2)

added any other munition designated as such by the Secretary of Defense.

Sec. 2001 Short title

added

added This division and title XLVI of division D may be cited as the “Military Construction Authorization Act for Fiscal Year 2023”.

Sec. 2002 Expiration of authorizations and amounts required to be specified by law

added

(a)

added Expiration of authorizations after three years— Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—

(1)

added October 1, 2025; or

(2)

added the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026.

(b)

added Exception— Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—

(1)

added October 1, 2025; or

(2)

added the date of the enactment of an Act authorizing funds for fiscal year 2026 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

Sec. 2003 Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries

added

(a)

added Effective date— Titles XXI through XXVII shall take effect on the later of—

(1)

added October 1, 2022; or

(2)

added the date of the enactment of this Act.

(b)

added Elimination of need for certain separate conforming amendments—

(1)

added Automatic execution of conforming changes— When an amendment made by a provision of this division to a covered defense law adds a section or larger organizational unit to the covered defense law, repeals or transfers a section or larger organizational unit in the covered defense law, or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall have the effect of amending any table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment.

(2)

added Exceptions— Paragraph (1) shall not apply to an amendment described in such paragraph when—

(A)

added the amendment, or a separate clerical amendment enacted at the same time as the amendment, expressly amends a table of sections, table of contents, or similar table of tabular entries in the covered defense law to alter the table to conform to the changes made by the amendment; or

(B)

added the amendment otherwise expressly exempts itself from the operation of this section.

(3)

added Covered defense law— In this subsection, the term “covered defense law” means—

(A)

added titles 10, 32, and 37 of the United States Code;

(B)

added any national defense authorization Act or military construction authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and

(1)

added Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2102 of that Act (131 Stat. 1820), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.

(2)

added The table referred to in paragraph (1) is as follows:

Sec. 2107 Modification of authority to carry out certain fiscal year 2018 projects

added

(a)

added Kunsan air base, Korea— In the case of the authorization contained in the table in section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1819) for Kunsan Air Base, Korea, for construction of an Unmanned Aerial Vehicle Hangar at the installation, the Secretary of the Army may—

(1)

added construct the hangar at Camp Humphries, Korea; and

(2)

added remove primary scope associated with the relocation of the air defense artillery battalion facilities to include a ground based missile defense equipment area, fighting positions, a missile resupply area air defense artillery facility, a ready building and command post, a battery command post area, a safety shelter, and a guard booth.

(b)

added Kwajalein Atoll, Hwajalein— Section 2879(a)(1)(A) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1874) is amended by striking “at least 26 family housing units” and inserting “not more than 26 family housing units”.

Sec. 2201 Authorized Navy construction and land acquisition projects

added

(a)

added Inside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

(b)

added Outside the United States— Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installation outside the United States, and in the amount, set forth in the following table:

Sec. 2202 Family housing

added

(a)

added Table— The table referred to in paragraph (1) is as follows:

(b)

added Overseas contingency operations—

(1)

added Extension— Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.

(2)

added Table— The table referred to in paragraph (1) is as follows:

Sec. 2305 Modification of authority to carry out certain fiscal year 2021 project

added

added In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, for construction of GBSD Organic Software Sustainment Center, the Secretary of the Air Force may construct—

(1)

added up to 7,526 square meters of Surface Parking Lot in lieu of constructing a 13,434 square meters vehicle parking garage; and

(2)

added up to 402 square meters of Storage Igloo.

Sec. 2306 Modification of authority to carry out certain military construction projects at Tyndall Air Force Base, Florida

added

added In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 133 Stat. 1913) for Tyndall Air Force Base, Florida—

(1)

added for construction of Lodging Facilities Phases 1-2, as specified in such funding table and modified by section 2306(a)(7) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct two emergency backup generators;

(2)

added for construction of Dorm Complex Phases 1-2, as specified in such funding table and modified by section 2306(a)(8) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct an emergency backup generator;

(3)

added for construction of Site Development, Utilities, and Demo Phase 2, as specified in such funding table and modified by section 2306(a)(6) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat. 4302), the Secretary of the Air Force may construct—

(A)

added up to 6,248 lineal meters of storm water utilities;

(B)

added up to 55,775 square meters of roads;

(C)

added up to 4,334 lineal meters of gas pipeline; and

(D)

added

added Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:

Sec. 2512 Repeal of authorized approach to certain construction project

added

added Section 2511 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2177) is amended—

(1)

added by striking “(a) Authority to accept projects.—”; and

added

added The authorization table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat. 2178) is amended—

(1)

added in the item relating to Redstone Arsenal, Alabama, by striking “Redstone Arsenal” and inserting “Huntsville”;

(2)

added in the item relating to Jerome National Guard Armory, Idaho, by striking “Jerome National Guard Armory” and inserting “Jerome”;

(3)

added in the item relating to Nickell Memorial Armory Topeka, Kansas, by striking “Nickell Memorial Armory Topeka” and inserting “Topeka”;

(4)

added in the item relating to Lake Charles National Guard Readiness Center, Louisiana, by striking “Lake Charles National Guard Readiness Center” and inserting “Lake Charles”;

(5)

added in the item relating to Camp Grayling, Michigan, by striking “Camp Grayling” and inserting “Grayling”;

(6)

added in the item relating to Butte Military Entrance Testing Site, Montana, by striking “Butte Military Entrance Testing Site” and inserting “Butte”;

(7)

added in the item relating to Mead Army National Guard Readiness Center, Nebraska, by striking “Mead Army National Guard Readiness Center” and inserting “Mead Training Site”;

(8)

added in the item relating to Dickinson National Guard Armory, North Dakota, by striking “Dickinson National Guard Armory” and inserting “Dickinson”;

(9)

added in the item relating to Bennington National Guard Armory, Vermont, by striking “Bennington National Guard Armory” and inserting “Bennington”; and

Sec. 2802 Military construction projects for innovation, research, development, test, and evaluation

added

(a)

added In general— Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2809 the following new section:

added “2810. Military construction projects for innovation, research, development, test, and evaluation

added “(a) Project authorization required—The Secretary of Defense may carry out such military construction projects for innovation, research, development, test, and evaluation as are authorized by law, using funds appropriated or otherwise made available for that purpose.

added “(b) Submission of project proposals—As part of the Department of Defense Form 1391 submitted to the appropriate committees of Congress for a military construction project covered by subsection (a), the Secretary of Defense shall include the following information:

added “(1) The project title.

added “(2) The location of the project.

added “(3) A brief description of the scope of work.

added “(4) The original project cost estimate and the current working cost estimate, if different.

added “(5) Such other information as the Secretary considers appropriate.

added “(c) Application to military construction projects—This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.”

(b)

added Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2809 the following new item:

Sec. 2803 Further clarification of requirements related to authorized cost and scope of work variations

added

(a)

added Clarifications and technical corrections relating to exceptions to cost variation and scope of work— Subsection (c)(1) of section 2853 of title 10, United States Code, as amended by section 2802 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is further amended—

(1)

added by striking subparagraph (A) and inserting the following new subparagraph (A):

added “(A) The Secretary concerned may waive the percentage or dollar cost limitation applicable to a military construction project or a military family housing project under subsection (a) and approve an increase in the cost authorized for the project in excess of that limitation only if—

added “(i) the total cost of the project is less than $500,000,000;

added “(ii) the cost increase is an amount equal to or less than 50 percent of the original authorized amount; and

added “(iii) the Secretary notifies the appropriate committees of Congress of such waiver and approval in the manner provided in this paragraph.”

(2)

added by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).

(b)

added Technical correction related to exceptions to limitation on scope of work increases— Subsection (d)(4) of such section, as so amended, is further amended by striking “and approve an increase in the scope of work for the project that would increase the scope of work”.

Sec. 2804 Use of operation and maintenance funds for certain construction projects outside the United States

added

(a)

added Permanent authority— Subsection (a) of section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended, including most recently by section 2806 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81), is amended—

(1)

added by striking “, inside the area of responsibility of the United States Central Command or certain countries in the area of responsibility of the United States Africa Command,”;

(2)

added by inserting “outside the United States” after “construction project”; and

(3)

added in paragraph (2), by striking “, unless the military installation is located in Afghanistan, for which projects using this authority may be carried out at installations deemed as supporting a long-term presence”.

(b)

added Conforming amendments— Such section is further amended—

(1)

added in subsection (b), by striking “subsection (f)” and inserting “subsection (d)”;

(2)

added by striking subsection (e);

(3)

added by redesignating subsections (f) and (g) as subsections (d) and (e), respectively;

(4)

added in subsection (e), as so redesignated, by striking “subsection (f)” and inserting “subsection (d)”; and

(5)

added by striking subsections (h) and (i).

(c)

added Clerical amendments— Such section is further amended as follows:

(1)

added The section heading for such section is amended—

(A)

added by striking “Temporary, limited”; and

(B)

added by inserting “certain” before “construction projects”.

(2)

added The subsection heading for subsection (a) of such section is amended by striking “Temporary authority” and inserting “In general”.

(d)

added Classification— The Law Revision Counsel is directed to classify section 2808 of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as amended by subsection (a), as a note following section 2804 of title 10, United States Code.

Sec. 2805 Increase in maximum approved cost of unspecified minor military construction projects

added

added Section 2805(a)(2) of title 10, United States Code, is amended by striking “$6,000,000” and inserting “$12,000,000”.

Sec. 2806 Increase in unspecified minor military construction authority for laboratory revitalization projects

added

(a)

added Laboratory revitalization— Subsection (d) of section 2805 of title 10, United States Code, is amended—

(1)

added in paragraph (1), by striking “$6,000,000” both places it appears and inserting “$12,000,000”;

(2)

added in paragraph (2), by striking “$6,000,000” and inserting “$12,000,000, incrementally across multiple fiscal years”; and

(3)

added by striking paragraph (5).

(b)

added Adjustment of dollar limitations for location— Subsection (f) of such section is amended—

(1)

added by striking “$10,000,000” and inserting “$12,000,000”; and

(2)

added by striking subparagraph (3).

Sec. 2807 Permanent application of dollar limits for location and application to projects outside the United States

added

added Section 2805 of title 10, United States Code, is amended by striking subsection (f) and inserting the following new subsection (f):

added “(f) Adjustment of dollar limits for location—Each fiscal year, the Secretary concerned shall adjust the dollar limitations specified in this section applicable to an unspecified minor military construction project to reflect the area construction cost index for military construction projects published by the Department of Defense during the prior fiscal year for the location of the project, except that no limitation specified in this section may exceed $16,000,000 as the result of any adjustment made under this paragraph.”

Sec. 2808 Prohibition on availability of funds for special operations forces military construction

added

(a)

added Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense may be obligated or expended for the Commander of Special Operations Command for military construction in Baumholder, Germany.

(b)

added Waiver—

(1)

added In general— The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary—

(A)

added determines that such a waiver is in the national security interests of the United States; and

(B)

added not later than 14 days after issuing the waiver, submits to the congressional defense committees a detailed justification for the waiver in accordance with paragraph (2).

(2)

added Elements— A justification under paragraph (1)(B) shall include each of the following:

(A)

added The determination of the Secretary that none of the following countries would provide preferable host nation funding for an equivalent project in such country:

(i)

added Romania.

(ii)

added Poland.

(iii)

added Latvia.

(iv)

added Estonia.

(v)

added Lithuania.

(B)

added The determination of the Secretary that hosting such forces in Germany would provide greater deterrence or greater operational utility than host nation support in Romania, Poland, Latvia, Estonia or Lithuania.

(C)

added An explanation for how the waiver is in the national security interests of the United States.

(D)

added Any other information the Secretary determines appropriate.

Sec. 2809 Requirements relating to certain military construction projects

added

(a)

added Supervision of military construction projects—

(1)

added In general— Section 2851 of title 10, United States Code, is amended—

(A)

added in subsection (c)(1), by inserting “or appropriated” after “funds authorized” each place such term appears;

(B)

added in subsection (c)(2)—

(i)

added in subparagraph (A), by inserting “, deadline for bid submissions,” after “solicitation date”;

(ii)

added in subparagraph (B), by inserting “(including the address of such recipient)” after “contract recipient”; and

(iii)

added by adding at the end the following new subparagraphs:

added “(H) Any subcontracting plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) for the project submitted by the contract recipient to the Secretary of Defense.

added “(I) A detailed written statement describing and justifying any exception applied or waiver granted under—

added “(i) chapter 83 of title 41;

added “(ii) section 4862 of this title; or

added “(iii) section 4863 of this title.”

(C)

added by adding at the end the following new paragraph:

added “(4) The information required to be published on the Internet website under subsection (c) shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44.”

(2)

added Federal Procurement Data System— The Secretary of Defense shall ensure that there is a clear and unique indication of any covered contract with subcontracting work of an estimated value of $250,000 or more in the Federal Procurement Data System established pursuant to section 1122(a)(4) of title 41, United States Code (or any successor system).

(b)

added Increased transparency and public availability of information regarding solicitation and award of subcontracts under military construction contracts—

(1)

added Availability of certain information relating to military construction subcontracts— Section 2851 of title 10, United States Code, is amended—

(A)

added by redesignating subsection (d) as subsection (g);

(B)

added by inserting after subsection (c) (as amended by this section) the following new subsections:

added “(d) Information and notice requirements regarding solicitation and award of subcontracts

added “(1) The recipient of a contract for a construction project described in subsection (c)(1) to be carried out in a State shall make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more.

added “(2) The Secretary of Defense shall—

added “(A) maintain on the Internet site required by subsection (c)(1) information regarding the solicitation date and award date (or anticipated date) for each subcontract described in paragraph (1); and

added “(B) submit written notice of the award of the original contract for a project described in subsection (c)(1) to be carried out in a State, and each subcontract described in paragraph (1) under the contract, to each State agency that enforces workers’ compensation or minimum wage laws in the State in which the contract or subcontract will be carried out.

added “(e) Congressional notification—In the case of the award of a contract for a project described in subsection (c)(1) to be carried out in a State, and any subcontract described in subsection (d)(1) under the contract, where such award has an estimated value of $2,000,000 or more, the Secretary of Defense shall submit written notice of such award within 30 days after the award to each Senator of the State in which the contract or subcontract will be carried out and the Member of the House of Representatives representing the congressional district in which the contract or subcontract will be carried out.

added “(f) Exclusion of classified projects—Subsections (c), (d), and (e) do not apply to a classified construction project otherwise described in subsection (c)(1).”

(C)

added by adding at the end the following new subsection:

added “(h) Definitions—In this section:

added “(1) The term “Member of the House of Representatives” includes a Delegate to the House of Representatives and the Resident Commissioner from Puerto Rico.

added “(2) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.”

(2)

added Applicability— Subsections (d) and (e) of section 2851 of title 10, United States Code, as added by subsection (ba)(2), shall apply with respect to a contract for a construction project described in subsection (c)(1) of such section that—

(A)

added is entered into on or after the date of the enactment of this Act; or

(B)

added was entered into before the date of the enactment of this Act, if the first solicitation made by the contract recipient under the contract for a subcontract with an estimated value of $250,000 or more is made on or after the date of the enactment of this Act.

(c)

added Requirements relating to the award of covered military construction contracts— Subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after section 2851a the following new section:

added “2851b. Requirements relating to the award of covered military construction contracts

added “(a) Publication of certain information relating to covered military construction contracts—A contractor that has been awarded a covered military construction contract shall—

added “(1) make publicly available on a website of the General Services Administration or the Small Business Administration, as applicable, any solicitation under that covered military construction contract for a subcontract of an estimated value of $250,000 or more; and

added “(2) submit written notification of the award of the covered military construction contract, and of any subcontract awarded under the covered military construction contract, to the relevant agency of a covered State that enforces workers’ compensation or minimum wage laws in such covered State.

added “(b) Notice—Upon award of a covered military construction contract with an estimated value greater than or equal to $2,000,000, the Secretary concerned shall notify any applicable Member of Congress representing the covered State in which that covered military construction contract is to be performed of such award in a timely manner.”

Sec. 2811 Standardization of military installation Housing Requirements and Market Analyses

added

(a)

added In general— Subchapter II of chapter 169 of title 10, United States Code, is amended by inserting after section 2836 the following new section:

added “2837. Housing Requirements and Market Analysis

added “(a) In general—Not less frequently than once every five years, and in accordance with the requirements of this section, the Secretary concerned shall conduct a Housing Requirements and Market Analysis (in this section referred to as an “HRMA”) for each military installation under the jurisdiction of the Secretary that is located in the United States.

added “(b) Prioritization of installations

added “(1) In general—Except as provided in paragraph (2), the Secretary concerned shall prioritize the conduct of HRMAs for installations—

added “(A) for which an HRMA has not been conducted for five years or longer; or

added “(B) in locations with housing shortages.

added “(2) Existing 5-year requirement—Paragraph (1) shall not apply to a military department that required an HRMA to be conducted for each installation not less frequently than once every five years before the date of the enactment of this section.

added “(c) Submittal to Congress—The Secretary of Defense shall include with the budget for the Department of Defense for fiscal year 2024 and each subsequent fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code, a list of the military installations for which the Secretary concerned plans to conduct an HRMA during such fiscal year.

added “(d) Housing Requirements and Market Analysis—The term “Housing Requirements and Market Analysis”or “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of the installation.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2836 the following new item:

(c)

added Time frame—

(1)

added In general— During each of fiscal years 2023 through 2027, the Secretary concerned shall conduct an HRMA for 20 percent of the military installations under the jurisdiction of the Secretary located in the United States.

(2)

added Submittal of information to Congress— Not later than January 15, 2023, the Secretary concerned shall submit to the congressional defense committees a list of military installations for which the Secretary plans to conduct an HRMA during fiscal year 2023.

(d)

added Definitions— In this section:

(1)

added The term “HRMA” means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market using assumed specific standards related to affordability, location, features, physical condition, and the housing requirements of the total military population of the installation.

(2)

added The term “Secretary concerned” has the meaning given that term in section 101(a)(9) of title 10, United States Code.

Sec. 2812 Notice requirement for MHPI ground lease extensions

added

added Section 2878 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(f) Notice of lease extensions—Not later than 90 days before extending the term of any ground lease of property or facilities under this section, the Secretary concerned shall provide to the congressional defense committees notice in writing of the extension and a briefing. Such notice and briefing shall include each of the following:

added “(1) A description of any material differences between the extended ground lease and the original ground lease, including with respect to—

added “(A) the length of the term of the lease, as extended; and

added “(B) any new provisions that materially affect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease.

added “(2) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be—

added “(A) constructed;

added “(B) demolished; or

added “(C) renovated.

added “(3) The source of any additional financing the lessor has obtained, or intends to obtain, during the term of the ground lease extension that will be used for the development of the property or facilities subject to the ground lease.

added “(4) The following information, displayed annually, for the five-year period preceding the date of the notice and briefing:

added “(A) The debt-to-net operating income ratio for the property or facility subject to the ground lease.

added “(B) The occupancy rates for the housing units subject to the ground lease.

added “(C) An report on maintenance response times and completion of maintenance requests for the housing units subject to the ground lease.

added “(D) The occupancy rates and debt-to-net operating income ratios of any other military privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease extension.”

Sec. 2813 Annual briefings on military housing privatization projects

added

added Section 2884 of title 10, United States Code, is amended by adding at the end the following new subsection:

added “(d) Annual briefings—Not later than February 1 of each year, the Secretary concerned shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12-month period preceding the date of the briefing, each of the following:

added “(1) The information described in paragraphs (1) through (14) of subsection (c) with respect to all military housing privatization projects under the jurisdiction of the Secretary.

added “(2) A review of any such project that is expected to require the restructuring of a loan, including any public or private loan.

added “(3) For any such project expected to require restructuring, a timeline for when such restructuring is expected to occur.

added “(4) Such other information as the Secretary determines appropriate.”

Sec. 2814 Privatization of Navy and Air Force transient housing

added

(a)

added Privatization required— Beginning on the date that is 11 years after the date of the enactment of this Act, the Secretary concerned shall begin the process of privatizing all transient housing in the United States under the jurisdiction of the Secretary concerned through the conveyance of the transient housing to one or more eligible entities. Such process shall be completed by not later than the date that is 15 years after the date of the enactment of this Act.

(b)

added Applicable privatization laws— The Secretary concerned shall carry out this section using the authority provided by section 2872 of title 10, United States Code, consistent with subchapters IV and V of chapter 169 of such title.

(c)

added Limitations— No Government direct loans, Government guarantees, or Government equity may be extended in consideration of any privatization carried out pursuant to subsection (a).

(d)

added Consultations— In establishing a plan to carry out the privatization of transient housing pursuant to subsection (a), the Secretary concerned shall—

(1)

added consult with the Secretary of the Army; and

(2)

added to the greatest extent possible, incorporate into such plan the best practices and efficiencies of the Secretary of the Army in carrying out the privatization of transient housing under the jurisdiction of the Secretary of the Army.

(d)

added Report required— Not later than one year after the date of the enactment of this Act, and annually thereafter until the privatization required under subsection (a) is complete, the Secretary concerned shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes—

(1)

added detailed plans for the privatization of all transient housing under the jurisdiction of the Secretary; and

(2)

added timelines for conveyances and other critical milestones.

(e)

added Rule of construction— Nothing in this section shall be construed to affect any transient housing or lodging program administered by the Coast Guard.

(f)

added Definitions— In this section:

(1)

added The term “eligible entity” has the meaning given that term in section 2871 of title 10, United States Code.

(2)

added The term “transient housing” means lodging intended to be occupied by members of the Armed Forces on temporary duty.

(3)

added The term “Secretary concerned” means—

(A)

added the Secretary of the Navy, with respect to transient housing under the jurisdiction of the Secretary of the Navy; and

(B)

added the Secretary of the Air Force, with respect to transient housing under the jurisdiction of the Secretary of the Air Force.

Sec. 2815 Military housing feedback tool

added

(a)

added In general— The Secretary of Defense shall provide for a feedback tool, such as a rating system or similar mechanism, under which members of the Armed Forces and their spouses may anonymously identify, rate, and compare housing under the jurisdiction of the Department of Defense (including privatized military housing).

(b)

added Components— The tool required under subsection (a) shall include the following components:

(1)

added The capability for users to—

(A)

added rate housing using multiple quality measures, including safety, the timeliness and quality of maintenance services, and the responsiveness of management;

(B)

added upload visual media, including images; and

(C)

added include written comments.

(2)

added A comparison feature that can be used to compare ratings for different housing communities.

(3)

added Accessibility by members of the Armed Forces, their family members, and members of Congress.

(c)

added Reporting requirement— The Secretary of Defense shall submit to the appropriate congressional committees, and make available to the Secretary concerned, an annual report that includes a summary of the data collected using the feedback tool required under this section during the year covered by the report.

(d)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2)

added the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

Sec. 2821 Authorized land and facilities transfer to support contracts with Federally Funded Research and Development Centers

added

(a)

added In general— Chapter 159 of title 10, United States Code, is amended by inserting after section 2668a the following new section:

added “2669. Transfer of land and facilities to support contracts with federally-funded research and development centers

added “(a) Lease of land, facilities, and improvements

added “(1) The Secretary of a military department may lease, for no consideration, land, facilities, and improvements to a covered FFRDC if the lease is to further the purposes of a contract between the Department of Defense and the covered FFRDC.

added “(2) A lease entered into under paragraph (1) shall terminate on the earlier of the following dates:

added “(A) The date that is 50 years after the date on which the Secretary enters into the lease.

added “(B) The date of the termination or non-renewal of the contract between the Department of Defense and the covered FFRDC.

added “(b) Conveyance of facilities and improvements

added “(1) The Secretary of a military department may convey, for no consideration, ownership of facilities and improvements located on land leased to a covered FFRDC to further the purposes of a contract between the Department of Defense and the covered FFRDC.

added “(2) The ownership of any facilities and improvements conveyed under this subsection shall revert to the United States upon the termination or non-renewal of the underlying land lease.

added “(c) Covered FFRDC—In this section, the term “covered FFRDC” means a federally-funded research and development center that is sponsored by, and has entered into a contract with, the Department of Defense.”

(b)

added Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2668a the following new item:

Sec. 2822 Restoration or replacement of damaged, destroyed, or economically unrepairable facilities

added

(a)

added Inclusion of appropriations account in congressional notification regarding funding— Subsection (b) of section 2854 of title 10, United States Code, is amended by inserting “military construction appropriations account that is the” before “source of funds”.

(b)

added Economically unrepairable facilities— Subsection (c)(1) of such section is amended—

(1)

added in the matter preceding subparagraph (A), by inserting “or is economically unrepairable” after “damaged or destroyed”;

(2)

added in subparagraph (A), by inserting “, or the situation that rendered the facility economically unrepairable,” after “facility”; and

(3)

added in subparagraph (B)(iii), by striking “damage to a facility rather than destruction” and inserting “a facility that has been damaged or rendered economically unrepairable rather than destroyed”.

Sec. 2823 Defense access road program enhancements to address transportation infrastructure in vicinity of military installations

added

(a)

added In general— Section 2816 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—

(1)

added in subsection (b)—

(A)

added in paragraph (1), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and

(B)

added in paragraph (2), by striking “this Act” and inserting “the National Defense Authorization Act for Fiscal Year 2023”; and

(2)

added by adding at the end the following new subsections:

added “(d) Petition for certification of roads as defense access roads

added “(1) In general—Not later than October 1, 2023, the Secretary of Defense shall establish a formal mechanism under which—

added “(A) a State, county, or municipality may petition the Secretary to certify roads as defense access roads under section 210 of title 23, United States Code; and

added “(B) the Secretary shall respond, in writing, to any such petition by not later than 90 days after receiving the petition.

added “(2) State defined—In this subsection, the term “State” means any of the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

added “(e) Public availability of information—The Secretary of Defense shall maintain and update regularly on an appropriate website of the Federal Government, a list of all roads certified as important to the national defense by the Secretary or by such other official as the President may designate. Such website shall include, for each such road, each of the following:

added “(1) The military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) that is in closest proximity to the road.

added “(2) The date on which the road was so certified.

added “(3) Any fiscal year for which the President transmitted to Congress under section 1105 of title 31, United States Code, a budget request that included an amount for such road.

added “(4) Any fiscal year for which Congress appropriated an amount for such road.

added “(f) Treatment of classified information—Nothing in subsection (d) or (e) shall be construed as a requirement for the Secretary of Defense to make publicly available any classified information.”

(b)

added Report on defense access roads— Section 2814(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417) is amended—

(1)

added by striking “April 1, 2009” and inserting “one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”; and

(2)

added by inserting before the period at the end the following: “and name any road that the commander of a military installation (as such term is defined in section 2687(g)(1) of title 10, United States Code) or the Secretary of a military department has recommended that the Secretary of Defense certify as a defense access road during the period beginning on April 1, 2009, and ending on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023”.

(c)

added Report on designation of certain highways as defense access roads—

(1)

added Report— Not later than October 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 containing the results of a study on the advisability of designating each of the roads identified under paragraph (2) as defense access roads for purposes of section 210 of title 23, United States Code.

(2)

added Roads identified— The roads identified under this subsection are each of the following:

(A)

added For Beale Air Force Base, California:

(i)

added Chuck Yeager Road.

(ii)

added North Beale Road.

(iii)

added Spenceville Road, also known as Camp Beale Highway.

(iv)

added South Beale Road.

(B)

added For Travis Air Force Base, California:

(i)

added Air Base Parkway.

(ii)

added Canon Road.

(iii)

added Gate Road, including North Gate Road.

(iv)

added Petersen Road.

(v)

added Vanden Road.

Sec. 2831 Limitation on use of funds pending completion of military installation resilience component of master plans for at-risk major military installations

added

added 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 50 percent may be obligated or expended until the date on which the each Secretary of a military department has satisfied the requirements of section 2833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2864 note).

Sec. 2841 Consideration of installation of integrated solar roofing to improve energy resiliency of military installations

added

added The Secretary of Defense shall amend the Unified Facilities Criteria/DoD Building Code (UFC 1– 200–01) to require that planning and design for military construction projects inside the United States include consideration of the feasibility and cost-effectiveness of installing integrated solar roofing as part of the project, for the purpose of—

(1)

added promoting on-installation energy security and energy resilience;

(2)

added providing grid support to avoid energy disruptions; and

(3)

added facilitating implementation and greater use of the authority provided by subsection (h) of section 2911 of title 10, United States Code, as added and amended by section 2825 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283).

Sec. 2851 Extension of time frame for land conveyance, Sharpe Army Depot, Lathrop, California

added

added Section 2833(g) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) is amended by striking “one year” and inserting “three years”.

Sec. 2852 Authority for transfer of administrative jurisdiction, Castner Range, Fort Bliss, Texas

added

added Section 2844 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) is amended—

(1)

added in subsection (a)—

(A)

added in paragraph (1)—

(i)

added by redesignating the text beginning with “convey” and ending with “Franklin Mountains State Park.” as subparagraph (B);

(ii)

added by striking “may” and inserting “may—”; and

(iii)

added by inserting after subparagraph (B), as redesignated by subparagraph (A) of this paragraph, the following new subparagraph (A):

added “(A) transfer administrative jurisdiction of approximately 7,081 acres at Fort Bliss, Texas, to the Secretary of the Interior (acting through the Director of the Bureau of Land Management) which shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and any other applicable laws; or”

(B)

added in paragraph (2)—

(i)

added by inserting “transfer of administrative jurisdiction or” before “conveyance”;

(ii)

added by inserting “transfer to the Secretary of the Interior or” before “convey to the Department”; and

(iii)

added by striking “Department’s”;

(2)

added in subsection (b)—

(A)

added by inserting “conveys the real property under subsection (a)(1)(B) and” after “If the Secretary”; and

(B)

added by striking “conveyed under subsection (a)”;

(3)

added in the first subsection (c), by striking “the land conveyance under this section” and inserting “a land conveyance under subsection (a)(1)(B)”;

(4)

added by redesignating the second subsection (c) and subsections (d) and (e) as subsections (d), (e), and (f), respectively;

(5)

added in subsection (d), as so redesignated, by inserting “transferred or” before “conveyed”;

(6)

added in subsection (e), as so redesignated, by striking “the conveyances under subsection (a)” and inserting “a conveyance under subsection (a)(1)(B)”;

(7)

added in subsection (f), as so redesignated—

(A)

added by striking “federal” each place it appears and inserting “Federal”;

(B)

added by striking “non-federal” each place it appears and inserting “non-Federal”; and

(C)

added in paragraph (3), by inserting “transferred or” before “conveyed”; and

(8)

added by adding at the end the following new subsection:

added “(g) Memorandum of understanding—The Secretary may enter into a memorandum of understanding with the Secretary of the Interior (acting through the Director of the Bureau of Land Management) regarding any transfer of administrative jurisdiction under subsection (a)(1)(A).”

Sec. 2853 Conveyance, Joint Base Charleston, South Carolina

added

(a)

added Conveyance authorized— The Secretary of the Air Force (in this section referred to as the “Secretary”) may convey to the City of North Charleston, South Carolina (in this section referred to as the “City”) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 26 acres known as the Old Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.

(b)

added Consideration—

(1)

added In general— As consideration for the conveyance under subsection (a), the City shall pay to the United States an amount at least equal to the fair market value, as determined by the Secretary, based on an appraisal of the property to be conveyed under such subsection. Consideration may be cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. The consideration paid to the Secretary must be sufficient, as determined by the Secretary, to provide replacement space for, and for the relocation of, any personnel, furniture, fixtures, equipment, and personal property of any kind and belonging to any military department, located upon the property to be conveyed under subsection (a). All cash consideration must be paid in full, and any in-kind consideration must be complete and useable, and delivered to the satisfaction of the Secretary at or prior to date of the conveyance under subsection (a).

(2)

added In-kind consideration— In-kind consideration described in this paragraph may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure within proximity to the Joint Base Charleston Weapons Station (South Annex) and located on Joint Base Charleston, that the Secretary considers acceptable.

(3)

added Treatment of cash consideration received— Any cash payment received by the United States under paragraph (1) shall be deposited in the special account in the Treasury referred to in subparagraph (A) of paragraph (5) of subsection (b) of section 572 of title 40, United States Code, and shall be available in accordance with subparagraph (B) of such paragraph.

(c)

added Payment of costs of conveyance—

(1)

added Payment required— The Secretary may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, appraisal costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.

(2)

added Treatment of amounts received— Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account that is available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(d)

added Description of property— The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

(e)

added Condition of conveyance— The conveyance under subsection (a) shall be subject to all valid existing rights and the condition that the City accept the property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance “as is”).

(f)

added Additional terms and conditions— The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

(g)

added Old Navy Yard— In this section, the term “Old Navy Yard” includes the facilities used by the Naval Information Warfare Center Atlantic including, buildings 1602, 1603, 1639, 1648, and such other facilities, infrastructure, and land along or near the Cooper River waterfront at Joint Base Charleston as the Secretary considers to be appropriate.

Sec. 2854 Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia Beach, Virginia

added

(a)

added Conveyance authorized— The Secretary of the Navy may convey to the Hampton Roads Sanitation District (in this section referred to as the “HRSD”) all right, title, and interest of the United States in and to a parcel of installation real property, including any improvements thereon, consisting of approximately 7.9 acres located at Naval Air Station Oceana in Dam Neck Annex, Virginia Beach, Virginia. The Secretary may void any land use restrictions associated with the property to be conveyed under this subsection.

(b)

added Consideration—

(1)

added Amount and determination— As consideration for the conveyance under subsection (a), the HRSD shall pay to the Secretary of the Navy an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary. The Secretary’s determination of fair market value shall be final. In lieu of all or a portion of cash payment of consideration, the Secretary may accept in-kind consideration.

(2)

added Treatment of cash consideration— The Secretary of the Navy shall deposit any cash payment received under paragraph (1) in the special account in the Treasury established for the Secretary of the Navy under subsection (a) of paragraph (1) of subsection (e) of section 2667 of title 10, United States Code. The entire amount deposited shall be available for use in accordance with subparagraph (D) of such paragraph.

(c)

added Payment of costs of conveyance—

(1)

added Payment required— The Secretary of the Navy shall require the HRSD to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the HRSD.

(2)

added Treatment of amounts received— Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

(d)

added Description of property— The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Navy.

(e)

added Additional terms and conditions— The Secretary of the Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Sec. 2855 Land exchange, Marine Reserve Training Center, Omaha, Nebraska

added

(a)

added Land exchange authorized— The Secretary of the Navy may convey to the Metropolitan Community College Area, a political subdivision of the State of Nebraska, (in this section referred to as the “College”), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, known as the Marine Reserve Training Center in Omaha, Nebraska.

(b)

added Consideration— As consideration for the conveyance under subsection (a), the College shall convey to the Secretary of the Navy real property interests either adjacent or proximate, to Offutt Air Force Base, Nebraska.

(c)

added Land exchange agreement— The Secretary of the Navy and the College may enter into a land exchange agreement to implement this section.

(d)

added Valuation— The value of each property interest to be exchanged by the Secretary of the Navy and the College described in subsections (a) and (b) shall be determined—

(1)

added by an independent appraiser selected by the Secretary; and

(2)

added in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.

(e)

added Cash equalization payments—

(1)

added To the secretary— If the value of the property interests described in subsection (a) is greater than the value of the property interests described in subsection (b), the values shall be equalized through either of the following or a combination thereof:

(A)

added A cash equalization payment from the College to the Department of the Navy.

(B)

added In-kind consideration provided by the College, which may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Reserve Training Center Omaha.

(2)

added No equalization— If the value of the property interests described in subsection (b) is greater than the value of the property interests described in subsection (a), the Secretary may not make a cash equalization payment to equalize the values.

(f)

added Payment of costs of conveyance—

(1)

added Payment required— The Secretary of the Navy shall require the College to pay all costs to be incurred by the Secretary to carry out the exchange of property interests under this section, including such costs related to land survey, environmental documentation, real estate due diligence such as appraisals, and any other administrative costs related to the exchange of property interests, including costs incurred preparing and executing a land exchange agreement authorized under subsection (c). If amounts are collected from the College in advance of the Secretary incurring the actual costs and the amount collected exceeds the costs actually incurred by the Secretary to carry out the exchange of property interests, the Secretary shall refund the excess amount to the College.

(2)

added Treatment of amounts received— Amounts received by the Secretary of the Navy under paragraph (1) shall be used in accordance with section 2695(c) of title 10, United States Code.

(g)

added Description of property— The exact acreage and legal description of the property interests to be exchanged under this section shall be determined by surveys that are satisfactory to the Secretary of the Navy.

(h)

added Conveyance agreement— The exchange of real property interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually satisfactory to the Secretary of the Navy and the College, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

(i)

added Exemption from screening requirements for additional Federal use— The authority under this section is exempt from the screening process required under section 2696(b) of title 10, United States Code.

Sec. 2861 FFRDC study on practices with respect to development of military construction projects

added

(a)

added Study required— Not later than 90 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 for the conduct of a study on the practices of the Department of Defense with respect to the development of military construction projects.

(b)

added Elements— An agreement under subsection (a) shall specify that the study conducted pursuant to the agreement shall address each of the following:

(1)

added Practices with respect to adoption of United Facilities Criteria changes and their inclusion into advanced planning, DD form 1391 budget justifications, and planning and design.

(2)

added Practices with respect to how sustainable materials, such as mass timber and low carbon concrete, are assessed and included in advanced planning, DD form 1391 budget justifications, and planning and design.

(3)

added Barriers to incorporating innovative techniques, including 3D printed building techniques.

(4)

added Whether the Strategic Environmental Research and Development Program or the Environmental Security Technology Certification Program could be used to validate such materials and techniques to provide the Army Corps of Engineers and the Naval Facilities Engineering Systems Command with confidence in the use of such materials and techniques.

(c)

added Report to Congress— Not later than 60 days after the completion of a study pursuant to an agreement under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study.

Sec. 2871 Defense community infrastructure program

added

added Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting “or on property subject to a real estate agreement with a military installation, including a lease or easement” after “installation”.

Sec. 2872 Inclusion in Defense Community Infrastructure Pilot Program of certain projects for ROTC training

added

added Section 2391 of title 10, United States Code, is further amended—

(1)

added in subsection (d)(1)(B)—

(A)

added by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(B)

added by inserting after clause (i) the following new clause (ii):

added “(ii) Projects that will contribute to the training of cadets enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.”

(2)

added in subsection (e), by adding at the end the following new paragraph:

added “(6) The term “covered educational institution” means a college or university that is—

added “(A) a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);

added “(B) an 1890 Institution, as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601);

added “(C) not affiliated with a consortium; and

added “(D) located at least 40 miles from a major military installation.”

Sec. 2873 Basing decision scorecard consistency and transparency

added

added Section 2883(h) of the Military Construction Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1781b note) is amended by adding at the end the following new paragraphs:

added “(4) Coordination with secretary of defense—In establishing a scorecard under this subsection, the Secretary of the military department concerned shall coordinate with the Secretary of Defense to ensure consistency among the military departments.

added “(5) Publication in Federal Register—The methodology and criteria for establishing each scorecard under this subsection shall be published in the Federal Register for public comment.”

Sec. 2874 Lease or use agreement for category 3 subterranean training facility

added

(a)

added In general— The Secretary of Defense shall seek to enter into a lease or use agreement with a category 3 subterranean training facility that—

(1)

added is located in close proximity to air assault and special forces units; and

(2)

added has the capacity to—

(A)

added provide brigade or large full-mission profile training;

(B)

added rapidly replicate full-scale underground venues;

(C)

added support helicopter landing zones; and

(D)

added support underground live fire.

(b)

added Use of facility— A lease or use agreement entered into pursuant to subsection (a) shall provide that the category 3 subterranean training facility shall be available for—

(1)

added the hosting of training and testing exercises for—

(A)

added for members of the Armed Forces, including special operations forces;

(B)

added personnel of combat support agencies, including the Defense Threat Reduction Agency; and

(C)

added such other personnel as the Secretary of Defense determines appropriate; and

(2)

added for such other purposes as the Secretary of Defense determines appropriate.

(c)

added Duration— The duration of any lease or use agreement entered into pursuant to subsection (a) shall be for a period of not less than 5 years.

(d)

added Category 3 subterranean training facility defined— In this section, the term “category 3 subterranean training facility” means an underground structure designed and built—

(1)

added to be unobserved and to provide maximum protection; and

(2)

added to serve as a command and control, operations, storage, production, and protection facility.

Sec. 2875 Required consultation with State and local entities on issues related to increase in number of military personnel at military installations

added

added If any decision of the Secretary of Defense or the Secretary of a military department would result in a significant increase in the number of members of the Armed Forces assigned to a military installation, the Secretary of Defense or the Secretary of the military department concerned, during the development of the plans to implement the decision with respect to that installation, shall consult with appropriate State and local entities to ensure that matters affecting the local community, including requirements for transportation, utility infrastructure, housing, education, and family support activities, are considered.

Sec. 2876 Required investments in improving child development centers

added

(a)

added Investments in Child Development Centers— Of the total amount authorized to be appropriated for the Department of Defense for Facilities Sustainment, Restoration, and Modernization activities of a military department, the Secretary of that military department shall reserve the following amounts of the estimated replacement cost of the total inventory of child development centers under the jurisdiction of that Secretary for the purpose of carrying out projects for the improvement of child development centers:

(1)

added An amount equal to one percent of such cost for fiscal year 2023.

(2)

added An amount equal to two percent of such cost for fiscal year 2024.

(3)

added An amount equal to three percent of such cost for fiscal year 2025.

(4)

added An amount equal to five percent or such cost for fiscal year 2026.

(b)

added Child development center defined— The term “child development center” has meaning given the term “military child development center” in section 1800(1) of title 10, United States Code.

Sec. 2877 Limitation on use of funds for closure of combat readiness training centers

added

(a)

added 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 close, or prepare to close, any combat readiness training center.

(b)

added Waiver— The Secretary of the Air Force may waive the limitation under subsection (a) with respect to a combat readiness training center, if the Secretary submits to the congressional defense committees each of the following:

(1)

added A certification that—

(A)

added the closure of the center would not be in violation of section 2687 of title 10, United States Code; and

(B)

added the support capabilities provided by the center will not be diminished as a result of the closure of the center.

(2)

added A report that includes—

(A)

added a detailed business case analysis for the closure of the center; and

(B)

added an assessment of the effects the closure of the center would have on unit training, including active duty units that may use the center.

Sec. 2878 Pilot program on use of mass timber in military construction projects

added

(a)

added In general— The Secretary of each of the military departments shall carry out a pilot program to evaluate how the use of mass timber as the primary construction material in military construction projects affects the environmental sustainability, infrastructure resilience, cost effectiveness, and construction timeliness of such projects. The Secretary of a military department may carry out a military construction project under the pilot program using the authorities available to the Secretary of Defense under section 2914 of title 10, United States Code, regarding military construction projects for energy resilience, energy security, and energy conservation.

(b)

added Project selection and location—

(1)

added Minimum number— Each Secretary of a military department shall carry out at least one military construction project under the pilot program.

(2)

added Project locations— The pilot program shall be conducted at military installations in the United States—

(A)

added that are identified as vulnerable to extreme weather events; and

(B)

added for which a military construction project is authorized but a request for proposal has not been released.

(3)

added Military unaccompanied housing— In selecting military construction projects for the pilot program, the Secretaries of the military departments shall coordinate to ensure that at least one of the projects involves the construction of military unaccompanied housing.

(c)

added Reports—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until December 31, 2025, the Secretaries of the military departments shall jointly submit to the congressional defense committees a report on the progress of the pilot program.

(2)

added Elements— Each report required under paragraph (1) shall include each of the following:

(A)

added A description of the status of the military construction projects selected to be conducted under the pilot program.

(B)

added An explanation of the reasons for the selection of such military construction projects.

(C)

added An analysis of the projected or actual carbon footprint, including stored carbon in building materials, resilience to extreme weather events, construction timeliness, and cost effectiveness, of the military construction projects conducted under the pilot program using mass timber as compared to other materials historically used in military construction.

(D)

added Any updated guidance the Under Secretary of Defense for Acquisition and Sustainment has released in relation to the procurement policy for future military construction projects based on comparable benefits realized from use of mass timber, including guidance on prioritizing sustainable materials in establishing evaluation criteria for military construction project contracts when technically feasible.

(d)

added Mass timber defined— In this section, the term “mass timber” means any of the following:

(1)

added Cross-laminated timber.

(2)

added Nail-laminated timber.

(3)

added Glue-laminated timber.

(4)

added Laminated strand lumber.

(5)

added Laminated veneer lumber,

(e)

added Termination— The authority of the Secretary of a military department to carry out a military construction project under this section shall expire on September 30, 2025. Any construction commenced under the pilot program before such date may continue until completion.

Sec. 2879 Contributions for climate resilience for North Atlantic Treaty Organizations Security Investment

added

added Section 2806(a) of title 10, United States Code, is amended by striking “and construction” and inserting “construction, and climate resilience”.

Sec. 2880 Screening and registry of individuals with health conditions resulting from unsafe housing units

added

(a)

added In general— Subchapter V of chapter 169 of title 10, United States Code, is amended by adding at the end the following new section:

added “2895. Screening and registry of individuals with health conditions resulting from unsafe housing units

added “(a) Screening

added “(1) The Secretary of Defense, in consultation with appropriate scientific agencies as determined by the Secretary, may ensure that all military medical treatment facilities screen eligible individuals for covered conditions.

added “(2) The Secretary may establish procedures through which screening under paragraph (1) may allow an eligible individual to be included in the registry under subsection (b).

added “(b) Registry

added “(1) The Secretary of Defense shall establish and maintain a registry of eligible individuals who have a covered condition.

added “(2) The Secretary shall include any information in the registry under paragraph (1) that the Secretary determines necessary to ascertain and monitor the health of eligible individuals and the connection between the health of such individuals and an unsafe housing unit.

added “(3) The Secretary shall develop a public information campaign to inform eligible individuals about the registry under paragraph (1), including how to register and the benefits of registering.

added “(c) Definitions—In this section:

added “(1) The term “covered armed force” means the following:

added “(A) The Army.

added “(B) The Navy.

added “(C) The Marine Corps.

added “(D) The Air Force.

added “(E) The Space Force.

added “(2) The term covered condition means a medical condition that is determined by the Secretary of Defense to have resulted from residing in an unsafe housing unit.

added “(3) The term eligible individual means a member of a covered armed force or a family member of a member of a covered armed force who has resided in an unsafe housing unit.

added “(4) The term unsafe housing unit means a dwelling unit that—

added “(A) does not meet the housing quality standards established under section 8(o)(8)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(B)); or

added “(B) is not free from dangerous air pollution levels from mold.”

(b)

added

(a)

added Finding— Congress finds that the National Nuclear Security Administration and the Nuclear Weapons Council have acknowledged that producing 80 war reserve plutonium pit per year by 2030 is not achievable.

(b)

added Requirement— Subsection (a) of section 4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) is amended to read as follows:

added “(a) Production

added “(1) Requirement—The Secretary of Energy shall produce the annual number of war reserve plutonium pits that the Secretary of Defense identifies as a requirement of the Department of Defense.

added “(2) Capacity—In carrying out paragraph (1), the Secretary of Energy shall—

added “(A) ensure that Los Alamos National Laboratory, Los Alamos, New Mexico, has the ability to—

added “(i) produce 30 war reserve plutonium pits during any year that the Secretary of Defense identifies such production amount as a requirement of the Department of Defense; and

added “(ii) implement surge efforts to produce more than 30 war reserve plutonium pits during any year that the Secretaries identifies such production amount as a requirement of the Department of Defense;

added “(B) ensure that the Savannah River Plutonium Processing Facility at the Savannah River Site, Aiken, South Carolina, has a sustainable ability to—

added “(i) produce 50 war reserve plutonium pits during any year the Secretary of Defense identifies such production amount as a requirement of the Department of Defense; and

added “(ii) implement surge efforts to produce more than 50 war reserve plutonium pits during any year that the Secretaries identifies such production amount as a requirement of the Department of Defense; and

added “(C) maintain the Los Alamos National Laboratory as the Plutonium Science and Production Center of Excellence for the United States.”

(c)

added Certifications— Such section is further amended—

(1)

added by striking subsections (b) and (c);

(2)

added by redesignating subsections (d) through (f) as subsections (c) through (e), respectively;

(3)

added by inserting after subsection (a) the following new subsection (b):

added “(b) Annual notifications, certifications, and plans

added “(1) Department of Defense—Not later than March 1, 2023, and each year thereafter, the Secretary of Defense shall notify the Secretary of Energy and the appropriate congressional committees of the following:

added “(A) The requirement of the Department of Defense with respect to the total minimum number of war reserve plutonium pits to be produced during the 10-year period following the notification and a justification of the requirement.

added “(B) The year, if any, in which not fewer than 80 war reserve plutonium pits are needed to be produced to meet the requirement of the Department of Defense.

added “(2) Department of Energy—Not later than 30 days after the date on which the Secretary of Energy receives a notification under paragraph (1), the Secretary shall submit to the appropriate congressional committees the following:

added “(A) A certification of whether the programs and budget of the Secretary will enable the nuclear security enterprise to meet the requirements identified by the Secretary of Defense in the notification.

added “(B) A plan by the Secretary of Energy to meet such requirements, including an identification of the number of war reserve plutonium pits the Secretary will produce during each year covered by the notification and a cost estimate to meet such requirements.”

(4)

added by striking subsection (e), as so redesignated, and inserting the following new subsection:

added “(e) Definitions—In this section:

added “(1) The term “appropriate congressional committees” means the following:

added “(A) The congressional defense committees.

added “(B) The Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

added “(2) The term “covered project” means—

added “(A) the Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina (Project 21–D–511); or

added “(B) the Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico (Project 21–D–512).”

(d)

added Conforming repeal— Section 3120 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2292) is repealed.

Sec. 3112 Nuclear warhead acquisition process

added

(a)

added Expansion of reporting and certification requirements— Section 4223 of the Atomic Energy Defense Act (50 U.S.C. 2538e), as amended by section 3114, is further amended as follows:

(1)

added By striking “the W93 nuclear weapon” each place it appears and inserting “a covered nuclear weapon”.

(2)

added By striking “a W93 nuclear weapon program” each place it appears and inserting “a program for that nuclear weapon”.

(3)

added In subsection (b)(2), by striking “for the sub-surface ballistic nuclear (SSBN) force”.

(4)

added By striking subsection (d) and inserting the following new subsection (d):

added “(d) Definitions—In this section:

added “(1) The term “covered nuclear weapon” means the following:

added “(A) The W93 nuclear weapon.

added “(B) A modified nuclear weapon.

added “(C) A new nuclear weapon.

added “(2) The term “joint nuclear weapons life cycle” has the meaning given that term in section 4220.

added “(3) The terms “modified nuclear weapon” and “new nuclear weapon” have the meaning given those terms in section 4209.”

(b)

added Conforming amendment— Such Act is further amended by striking the section heading for section 4223 and inserting the following (and conforming the table of contents at the beginning of such Act accordingly): “Nuclear warhead acquisition process”.

Sec. 3113 Authorized personnel levels of the Office of the Administrator

added

(a)

added Modification of authorized levels— Subsection (a) of section 3241A of the National Nuclear Security Administration Act (50 U.S.C. 2441a) is amended to read as follows:

added “(a) Full-time equivalent personnel levels

added “(1) Authorized level—For fiscal year 2023 and each fiscal year thereafter, the total number of employees of the Office of the Administrator may not exceed 110 percent of the total number of employees of the Office during the previous fiscal year unless, during each fiscal year in which such number is exceeded, the Administrator submits to the congressional defense committees a report justifying such excess.

added “(2) Notification of total number—Not later than December 31, 2022, and each year thereafter, the Administrator shall notify the congressional defense committees, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate of the total number of employees of the Office of the Administrator during the previous fiscal year, broken down by the office in which the employees are assigned.”

(b)

added Report— Subsection (f) of such section is amended to read as follows:

added “(f) Annual report—The Administrator shall include in the budget justification materials submitted to Congress in support of the budget of the Administration for each fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report containing the following information:

added “(1) A projection of the expected number of employees of the Office of the Administrator, as counted under subsection (a), for the fiscal year covered by the budget justification materials and the four subsequent fiscal years, broken down by the office in which the employees are projected to be assigned.

added “(2) With respect to the most recent fiscal year for which data is available—

added “(A) the number of service support contracts of the Administration and whether such contracts are funded using program or program direction funds;

added “(B) the number of full-time equivalent contractor employees working under each contract identified under subparagraph (A);

added “(C) the number of full-time equivalent contractor employees described in subparagraph (B) that have been employed under such a contract for a period greater than two years;

added “(D) with respect to each contract identified under subparagraph (A)—

added “(i) identification of each appropriations account that supports the contract; and

added “(ii) the amount obligated under the contract during the fiscal year, listed by each such account; and

added “(E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated for contracts identified under subparagraph (A).”

Sec. 3114 Modification to certain reporting requirements

added

(a)

added Reports on nuclear warhead acquisition process— Section 4223 of the Atomic Energy Defense Act (50 U.S.C. 2538e) is amended—

(1)

added in subsection (a)(2)(A), by striking “submit to the congressional defense committees a plan” and inserting “provide to the congressional defense committees a briefing on a plan”; and

(2)

added in subsection (b)—

(A)

added in paragraph (1), by striking “certify to the congressional defense committees that” and inserting “provide to the congressional defense committees a briefing that includes certifications that—”; and

(B)

added in paragraph (2)—

(i)

added by inserting “, or provide to such committees a briefing on,” after “a report containing”; and

(ii)

added by inserting “or briefing, as the case may be” after “date of the report”.

(b)

added Reports on transfers of civil nuclear technology— Section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is amended—

(1)

added by redesignating subsection (i) as subsection (j); and

(2)

added by inserting after subsection (h) the following new subsection:

added “(i) Combination of reports—The Secretary of Energy may submit the annual reports required by subsections (a), (d), and (e) as a single annual report, including by providing portions of the information so required as an annex to the single annual report.”

(c)

added Conforming amendment— Section 161 n. of the Atomic Energy Act of 1954 (50 U.S.C. 2201(n)) is amended by striking “section 3136(i) of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(i)))” and inserting “section 3136 of the National Defense Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a(j)))”.

Sec. 3115 Modifications to long-term plan for meeting national security requirements for unencumbered uranium

added

(a)

added Timing— Subsection (a) of section 4221 of the Atomic Energy Defense Act (50 U.S.C. 2538c) is amended—

(1)

added by striking “each even-numbered year through 2026” and inserting “each odd-numbered year through 2029”; and

(2)

added by striking “2065” and inserting “2070”.

(b)

added Plan requirements— Subsection (b) of such section is amended—

(1)

added in paragraph (3), by inserting “through 2070” after “unencumbered uranium”;

(2)

added by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;

(3)

added by inserting after paragraph (3) the following new paragraph (4):

added “(4) An assessment of current and projected unencumbered uranium production by private industry in the United States that could support future defense requirements.”

(4)

added by striking paragraphs (8) and (9), as so redesignated, and inserting the following new paragraphs:

added “(8) An assessment of—

added “(A) whether, and if so when, additional enrichment of uranium will be required to meet national security requirements; and

added “(B) the options the Secretary is considering to meet such requirements, including an estimated cost and timeline for each option and a description of any changes to policy or law that the Secretary determines would be required for each option.

added “(9) An assessment of whether, and how, options to provide additional enriched uranium to meet national security requirements could, as an additional benefit, contribute to the establishment of a sustained domestic enrichment capacity and allow the commercial sector of the United States to reduce reliance on importing uranium from adversary countries.”

(c)

added Comptroller General review— Such section is further amended—

(1)

added by redesignating subsection (d) as subsection (e); and

(2)

added by inserting after subsection (c) the following new subsection:

added “(d) Comptroller General briefing—Not later than 180 days after the date on which the congressional defense committees receive each plan under subsection (a), the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing that includes an assessment of the plan.”

Sec. 3116 Modification of minor construction threshold for plant projects

added

added Section 4701(2) of the Atomic Energy Defense Act (50 U.S.C. 2741(2)) is amended by striking “$25,000,000” and inserting “$30,000,000”.

Sec. 3117 Prohibition on availability of funds to reconvert or retire W76–2 warheads

added

(a)

added Prohibition— Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the National Nuclear Security Administration may be obligated or expended to reconvert or retire a W76–2 warhead.

(b)

added Waiver— The Administrator for Nuclear Security may waive the prohibition in subsection (a) if the Administrator, in consultation with the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff, certifies in writing to the congressional defense committees—

(1)

added that Russia and China do not possess naval capabilities similar to the W76–2 warhead in the active stockpiles of the respective country; and

(2)

added that the Department of Defense does not have a valid military requirement for the W76–2 warhead.

Sec. 3118 Comptroller General study on National Nuclear Security Administration management and operation contracting process

added

(a)

added Study and report required— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1)

added conduct a study to identify and assess the process by which the Administrator for Nuclear Security awards management and operation contracts for Kansas City National Security Campus, Lawrence Livermore National Laboratory, Los Alamos National Laboratory, Nevada National Security Site, Y–12 National Security Complex, Pantex Plant, Sandia National Laboratories, and Savannah River Site; and

(2)

added submit to the Administrator, the Nuclear Weapons Council, and the congressional defense committees a report containing the findings of such study and any recommendations that the Comptroller General identifies based on its analysis.

(b)

added Matters— The report under subsection (a) shall include the following:

(1)

added An evaluation of the process by which management and operation contracts are awarded to contractors for National Nuclear Security Administration facilities.

(2)

added A detailed analysis of the impact that transitioning to a new contractor has on the mission and workforce of the National Nuclear Security Administration, including an assessment of—

(A)

added costs incurred when a management and operation contract is awarded and then later canceled;

(B)

added cost estimates for the contract award process; and

(C)

added any impact to the overall mission of the facility.

(3)

added An identification of factors involved in the awarding of the contract that could negatively affect the workforce.

(4)

added A review of any recent successful protests against the award of a management and operation contract.

(5)

added Such other matters as may be determined appropriate by the Comptroller General.

(c)

added Briefing— Not later than 90 days after the date on which the Administrator receives the report submitted under subsection (a), the Administrator, in coordination with the Nuclear Weapons Council, shall provide to the congressional defense committees a briefing on any statutory changes the Administrator determines necessary to improve the management and operation contract awarding process and to conduct the process in a more cost effective manner.

Sec. 3201 Authorization

added

added There are authorized to be appropriated for fiscal year 2023, $41,401,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

Sec. 3202 Continuation of functions and powers during loss of quorum

added

added Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(e)) is amended—

(1)

added by striking “Three members” and inserting “(1) Three members”; and

(2)

added by adding at the end the following new paragraphs:

added “(2) During a covered period, the Chairperson may carry out the functions and powers of the Board under sections 312 through 316, notwithstanding that a quorum does not exist.

added “(3) In carrying out the functions and powers of the Board during a covered period pursuant to paragraph (2), the Chairperson shall consult with any other member of the Board who is serving during the covered period and not incapacitated, except that the Chairperson may make recommendations to the Secretary of Energy and initiate investigations under section 312 only with the concurrence of any such other member.

added “(4) In this subsection, the term “covered period” means a period beginning on the date on which a quorum specified in paragraph (1) does not exist by reason of either or both a vacancy in the membership of the Board or the incapacity of a member of the Board and ending on the earlier of—

added “(A) the date that is one year after such beginning date; or

added “(B) the date on which a quorum exists.”

Sec. 3401 Authorization of appropriations

added

(a)

added Amount— There are hereby authorized to be appropriated to the Secretary of Energy $13,004,000 for fiscal year 2023 for the purpose of carrying out activities under chapter 869 of title 10, United States Code, relating to the naval petroleum reserves.

(b)

added Period of availability— Funds appropriated pursuant to the authorization of appropriations in subsection (a) shall remain available until expended.

Sec. 3501 Authorization of the Maritime Administration

added

(a)

added In general— There are authorized to be appropriated to the Department of Transportation for fiscal year 2023 for programs associated with maintaining the United States merchant marine, the following amounts:

(1)

added For expenses necessary for operations of the United States Merchant Marine Academy, $99,748,000, of which—

(A)

added $87,848,000 shall be for Academy operations; and

(B)

added $11,900,000 shall be for capital asset management at the Academy.

(2)

added For expenses necessary to support the State maritime academies, $120,700,000, of which—

(A)

added $2,400,000 is for the Student Incentive Program;

(B)

added $6,000,000 is for direct payments;

(C)

added $6,800,000 is for training ship fuel assistance;

(D)

added $30,500,000 for school ship maintenance and repair; and

(E)

added $75,000,000 for the National Security Multi-Mission Vessel.

(3)

added For expenses necessary to support Maritime Administration operations and programs, Headquarters Operations, $67,433,000.

(4)

added For expenses necessary to dispose of vessels in the National Defense Reserve Fleet, $6,000,000.

(5)

added For expenses necessary to maintain and preserve a United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title 46, United States Code, $318,000,000.

(6)

added For expenses necessary for the loan guarantee program authorized under chapter 537 of title 46, United States Code, $33,000,000, of which—

(A)

added $30,000,000 may be used for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees under the program; and

(B)

added $3,000,000 may be used for administrative expenses relating to loan guarantee commitments under the program.

(7)

added For expenses necessary to provide for the Tanker Security Fleet, as authorized under chapter 534 of title 46, United States Code, $60,000,000.

(8)

added For expenses necessary to support maritime environmental and technical assistance activities authorized under section 50307 of title 46, United States Code, $15,000,000.

(9)

added For expenses necessary to support marine highway program activities authorized under chapter 556 of such title, $15,000,000.

(10)

added For expenses necessary to provide assistance to small shipyards and for the maritime training program authorized under section 54101 of title 46, United States Code, $25,000,000.

(11)

added For expenses necessary to implement the port infrastructure development activities authorized under subsections (a) and (b) of section 54301 of title 46, United States Code, $685,000,000.

(12)

added For expenses necessary to provide for sealift contested environment evaluation, $2,000,000.

(13)

added For expenses necessary to provide for National Defense Reserve Fleet resiliency, $800,000.

(14)

added For expenses necessary to provide for training ship State of Michigan maritime training platform requirements, $1,200,000.

(b)

added Limitation— None of the amounts authorized to be appropriated for port infrastructure development activities under subsection (a)(11) may be used to provide a grant to purchase fully automated cargo handling equipment that is remotely operated or remotely monitored, with or without the exercise of human intervention or control, if the Secretary of Transportation determines such equipment would result in a net loss of jobs within a port or port terminal.

Sec. 3502 Secretary of Transportation responsibility with respect to cargoes procured, furnished, or financed by other Federal departments and agencies

added

(a)

added In general— Not later than 90 days after the date of the enactment of this Act, the Administrator of the Maritime Administration shall issue a final rule to implement and enforce section 55305(d) of title 46, United States Code.

(b)

added Programs of other agencies— Section 55305(d)(2)(A) of title 46, United States Code, is amended by inserting after “section” the following: “and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the administration of such programs”.

Sec. 3503 United States marine highway program

added

(a)

added United States marine highway program— Section 55601 of title 46, United States Code, is amended to read as follows:

added “55601. United States marine highway program

added “(a) Establishment—There is in the Department of Transportation a program, to be known as the “United States marine highway program”.

added “(b) Criteria—In order to be designated as a marine highway transportation route under subsection (c) or as a marine highway transportation project under subsection (d), a route or project shall—

added “(1) provide a coordinated and capable alternative to landside transportation;

added “(2) mitigate or relieve landside congestion; or

added “(3) promote marine highway transportation.

added “(c) Marine highway transportation routes—The Secretary may—

added “(1) designate a route that meets the criteria under subsection (b) as a marine highway transportation route; and

added “(2) collect and disseminate data related to such designation.

added “(d) Project designation—The Secretary may—

added “(1) designate a project that meets the criteria under subsection (b) as a marine highway transportation project if the Secretary determines that such project uses vessels documented under chapter 121 and—

added “(A) develops, expands, or promotes—

added “(i) marine highway transportation services;

added “(ii) shipper utilization of marine highway transportation; or

added “(iii) port and landside infrastructure for which assistance is not available under section 54301; or

added “(B) implements strategies developed under section 5560; and

added “(2) conduct research on solutions to impediments to such projects.

added “(e) Assistance

added “(1) In general—The Secretary may make grants, or enter into contracts or cooperative agreements, to implement a marine highway transportation project designated under subsection (e) or a component of such a project.

added “(2) Application—To be eligible to receive a grant or to enter into a contract or cooperative agreement under this subsection, an applicant shall—

added “(A) submit to the Secretary an application in such form and manner, at such time, and containing such information as the Secretary may require; and

added “(B) demonstrate to the satisfaction of the Secretary that—

added “(i) the proposed project is financially viable;

added “(ii) the funds received under the grant, contract, or cooperative agreement will be spent or used efficiently and effectively; and

added “(iii) a market exists for the services of the proposed project, as evidenced by contracts or written statements of intent from potential customers.

added “(3) Non-Federal share—Not more than 80 percent of the funding for any project for which funding is provided under this subsection may come from Federal sources.

added “(4) Preference for financially viable projects—In awarding grants or entering in contracts or cooperative agreements under this subsection, the Secretary shall give a preference to those projects or components that present the most financially viable transportation services and require the lowest percentage Federal share of the costs.

added “(f) Additional program activities—In carrying out the program established under subsection (a), the Secretary of Transportation may—

added “(1) coordinate with ports, State departments of transportation, localities, other public agencies, and appropriate private sector entities on the development of landside facilities and infrastructure to support marine highway transportation; and

added “(2) develop performance measures for the program.”

(b)

added Clerical amendment— The analysis for chapter 556 of title 46, United States Code, is amended by striking the item relating to section 55601 and inserting the following:

Sec. 3504 Multistate, State, and regional transportation planning

added

(a)

added Multistate, State, and regional transportation planning— Chapter 556 of title 46, United States Code, is amended by inserting after section 55602 the following:

added “55603. Multistate, State, and regional transportation planning

added “(a) In general—The Secretary, in consultation with Federal entities, State and local governments, and appropriate private sector entities, may develop strategies to encourage the use of marine highway transportation for transportation of passengers and cargo.

added “(b) Strategies—If the Secretary develops strategies under subsection (a), the Secretary may—

added “(1) assess the extent to which States and local governments include marine highway transportation and other marine transportation solutions in transportation planning;

added “(2) encourage State departments of transportation to develop strategies, where appropriate, to incorporate marine highway transportation, ferries, and other marine transportation solutions for regional and interstate transport of freight and passengers in transportation planning; and

added “(3) encourage groups of States and multistate transportation entities to determine how marine highways can address congestion, bottlenecks, and other interstate transportation challenges.”

(b)

added Clerical amendment— The analysis for chapter 556 of title 46, United States Code, is amended by striking the item relating to section 55603 and inserting the following:

Sec. 3511 Appointment of Superintendent of United States Merchant Marine Academy

added

added Subsection (c) of section 51301 of title 46, United States Code, is amended to read as follows:

added “(c) Superintendent—The immediate command of the United States Merchant Marine Academy shall be in the Superintendent of the Academy, who shall be appointed by the Secretary of Transportation and subject to the direction of the Maritime Administrator under the general supervision of the Secretary of Transportation.”

Sec. 3512 Exemption of certain students from requirement to obtain merchant mariner license

added

added Section 51309 of title 46, United States Code, is amended by adding at the end the following:

added “(d) Exemption from requirement to obtain license—The Secretary may modify or waive the requirements of section 51306(a)(2) for students who provide reasonable concerns with obtaining a merchant mariner license, including fear for safety while at sea after instances of trauma, medical condition, or inability to obtain required sea time or endorsement so long as such inability is not due to a lack of proficiency or violation of Academy policy. The issuance of a modification or waiver under this subsection shall not delay or impede graduation from the Academy.”

Sec. 3513 Protection of cadets from sexual assault onboard vessels

added

(a)

added In general— Section 51322 of title 46, United States Code, is amended—

(1)

added by striking subsection (a) and inserting the following:

added “(a) Safety criteria—The Maritime Administrator, after consulting with the Secretary of the department in which the Coast Guard is operating, shall establish—

added “(1) criteria, to which an owner or operator of a vessel engaged in commercial service shall adhere prior to carrying a cadet performing their Sea Year service from the United States Merchant Marine Academy, that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking; and

added “(2) a process for collecting pertinent information from such owners or operators and verifying their compliance with the criteria.

added “(b) Minimum standards—At a minimum, the criteria established under subsection (a) shall require the vessel owners or operators to have policies that address—

added “(1) communication between a cadet and an individual ashore who is trained in responding to incidents of sexual harassment, dating violence, domestic violence, sexual assault, and stalking;

added “(2) the safety and security of cadet staterooms while a cadet is onboard the vessel;

added “(3) requirements for crew to report complaints or incidents of sexual assault, sexual harassment, dating violence, domestic violence, and stalking consistent with the requirements in section 10104;

added “(4) the maintenance of records of reports of sexual harassment, dating violence, domestic violence, sexual assault, and stalking onboard a vessel carrying a cadet;

added “(5) the maintenance of records of sexual harassment, dating violence, domestic violence, sexual assault, and stalking training as required under subsection (f);

added “(6) a requirement for the owner or operator provide each cadet a copy of the policies and procedures related to sexual harassment, dating violence, domestic violence, sexual assault, and stalking policies that pertain to the vessel on which they will be employed; and

added “(7) any other issues the Maritime Administrator determines necessary to ensure the safety of cadets during Sea Year training.

added “(c) Self-certification by owners or operators—The Maritime Administrator shall require the owner or operator of any commercial vessel that is carrying a cadet from the United States Merchant Marine Academy to annually certify that—

added “(1) the vessel owner or operator is in compliance with the criteria established under subsection (a); and

added “(2) the vessel is in compliance with the International Convention of Safety of Life at Sea, 1974 (32 UST 47) and sections 8106 and 70103(c).

added “(d) Information, training, and resources—The Maritime Administrator shall ensure that a cadet participating in Sea Year—

added “(1) receives training specific to vessel safety, including sexual harassment, dating violence, domestic violence, sexual assault, and stalking prevention and response training, prior to the cadet boarding a vessel for Sea Year training;

added “(2) is equipped with an appropriate means of communication and has been trained on its use;

added “(3) has access to a helpline to report incidents of sexual harassment, dating violence, domestic violence, sexual assault, or stalking that is monitored by trained personnel; and

added “(4) is informed of the legal requirements for vessel owners and operators to provide for the security of individuals onboard, including requirements under section 70103(c) and chapter 81.”

(2)

added by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;

(3)

added in subsection (e), as so redesignated, by striking paragraph (2) and inserting the following new paragraphs:

added “(2) Access to information—The vessel operator shall make available to staff conducting a vessel check such information as the Maritime Administrator determines is necessary to determine whether the vessel is being operated in compliance with the criteria established under subsection (a).

added “(3) Removal of students—If staff of the Academy or staff of the Maritime Administration determine that a commercial vessel is not in compliance with the criteria established under subsection (a), the staff—

added “(A) may remove a cadet of the Academy from the vessel; and

added “(B) shall report such determination of non-compliance to the owner or operator of the vessel.”

(4)

added in subsection (f), as so redesignated, by striking “or the seafarer union” and inserting “and the seafarer union”; and

(5)

added by adding at the end the following:

added “(h) Noncommercial vessels

added “(1) In general—A public vessel (as defined in section 2101) shall not be subject to the requirements of this section.

added “(2) Requirements for participation—The Maritime Administrator may establish criteria and requirements that the operators of public vessels shall meet to participate in the Sea Year program of the United States Merchant Marine Academy that addresses prevention of, and response to, sexual harassment, dating violence, domestic violence, sexual assault, and stalking.”

(b)

added Regulations—

(1)

added In general— The Maritime Administrator may prescribe rules necessary to carry out the amendments made by this section.

(2)

added Interim rules— The Maritime Administrator may prescribe interim rules necessary to carry out the amendments made by this section. For this purpose, the Maritime Administrator in prescribing rules under paragraph (1) is excepted from compliance with the notice and comment requirements of section 553 of title 5, United States Code. All rules prescribed under the authority of the amendments made by this section shall remain in effect until superseded by a final rule.

(c)

added Conforming amendments—

(1)

added Sea Year compliance— Section 3514 of the National Defense Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318 note) is repealed.

(2)

added Access of Academy cadets to DOD SAFE or equivalent helpline— Section 3515 of the National Defense Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note) is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).

Sec. 3514 Requirements relating to training of Merchant Marine Academy cadets on certain vessels

added

(a)

added Requirements relating to protection of cadets from sexual assault onboard vessels—

(1)

added In general— Subsection (b) of section 51307 of title 46, United States Code, is amended to read as follows:

added “(b) Sea Year Cadets on certain vessels

added “(1) Requirements—The Secretary shall require an operator of a vessel participating in the Maritime Security Program under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, or the Tanker Security Fleet under chapter 534 of this title to—

added “(A) carry on each Maritime Security Program vessel, Cable Security Fleet vessel, or Tanker Security Fleet vessel 2 United States Merchant Marine Academy cadets, if available, on each voyage; and

added “(B) implement and adhere to policies, programs, criteria, and requirements established pursuant to section 51322 of this title.

added “(2) Failure to implement or adhere to requirements—Failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) may, as determined by the Maritime Administrator, constitute a violation of an operating agreement entered into under chapter 531, 532, or 533 of this title and the Maritime Administrator may—

added “(A) require the operator to take corrective actions; or

added “(B) withhold payment due to the operator until the violation, as determined by the Maritime Administrator, has been remedied.

added “(3) Withheld payments—Any payment withheld pursuant to paragraph (2)(B) may be paid, upon a determination by the Maritime Administrator that the operator is in compliance with the policies, programs, criteria, and requirements referred to in paragraph (1)(B).”

(2)

added Applicability— Paragraph (2) of subsection (b) of section 51307, as amended by paragraph (1), shall apply with respect to any failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph (1)(B) of such subsection that occurs on or after the date that is one year after the date of the enactment of this Act.

(b)

added Requirements for Government-owned vessels— Subsection (c) of such section is amended—

(1)

added in the subsection heading by striking “Military sealift command vessels” and inserting “Government-owned vessels”;

(2)

added in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;

(3)

added by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;

(4)

added by inserting before subparagraph (A), as so redesignated, the following:

added “(1) In general—Consistent with the purpose of the United States Merchant Marine Academy, as described in section 51301(b) of this chapter, vessels owned or chartered by the United States Government, including vessels of the United States Coast Guard, United States Navy, Military Sealift Command, are proper vessels for training cadets.

added “(2) Military sealift command vessels”

(5)

added in subparagraph (A), as so redesignated, by striking “paragraph (2)” and inserting “subparagraph (B)”; and

(6)

added in subparagraph (B), as so redesignated, by striking “paragraph (1)” and inserting “subparagraph (A)”.

(c)

added Conforming amendments— Title 46, United States Code, is further amended—

(1)

added in section 53106(a)(2), by inserting “or section 51307(b)” after “this section”;

(2)

added in section 53206(a)(2), by inserting “or section 51307(b)” after “this section”; and

(3)

added in section 53406(a), by inserting “or section 51307(b)” after “this section”.

Sec. 3515 Reports on matters relating to the United States Merchant Marine Academy

added

(a)

added Report on implementation of NAPA recommendations—

(1)

added In general— In accordance with paragraph (3), the Secretary of Transportation shall submit to the appropriate congressional committees reports on the status of the implementation of the recommendations specified in paragraph (4).

(2)

added Elements— Each report under paragraph (1) shall include the following:

(A)

added A description of the status of the implementation of each recommendation specified in paragraph (4), including whether the Secretary—

(i)

added concurs with the recommendation;

(ii)

added partially concurs with the recommendation; or

(iii)

added does not concur with the recommendation.

(B)

added An explanation of—

(i)

added with respect to a recommendation with which the Secretary concurs, the actions the Secretary intends to take to implement such recommendation, including—

(I)

added any rules, regulations, policies, or other guidance that have been issued, revised, changed, or cancelled as a result of the implementation of the recommendation; and

(II)

added any impediments to the implementation of the recommendation;

(ii)

added with respect to a recommendation with which the Secretary partially concurs, the actions the Secretary intends to take to implement the portion of such recommendation with which the Secretary concurs, including—

(I)

added intermediate actions, milestone dates, and the expected completion date for the implementation of the portion of the recommendation; and

(II)

added any rules, regulations, policies, or other guidance that are expected to be issued, revised, changed, or cancelled as a result of the implementation of the portion of the recommendation;

(iii)

added with respect to a recommendation with which the Secretary does not concur, an explanation of why the Secretary does not concur with such recommendation; and

(iv)

added any statutory changes that may be necessary—

(I)

added to fully implement the recommendations specified in paragraph (4) with which the Secretary concurs; or

(II)

added to partially implement the recommendations specified in such paragraph with which the Secretary partially concurs.

(C)

added A visual depiction of the status of the completion of the recommendations specified in paragraph (4).

(3)

added Timing of reports— The Secretary of Transportation shall submit an initial report under paragraph (1) not later than 90 days after the date of the enactment of this Act. Following the submittal of the initial report, the Secretary shall submit updated versions of the report not less frequently than once every 180 days until the date on which the Secretary submits to the appropriate congressional committees a certification that each recommendation specified in paragraph (4)—

(A)

added with which the Secretary concurs—

(i)

added has been fully implemented; or

(ii)

added cannot be fully implemented, including an explanation of why; and

(B)

added with which the Secretary partially concurs—

(i)

added has been partially implemented; or

(ii)

added cannot be partially implemented, including an explanation of why.

(4)

added Recommendations specified— The recommendations specified in this paragraph are the recommendations set forth in the report prepared by a panel of the National Academy of Public Administration pursuant to section 3513 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1979) titled “Organizational Assessment of the U.S. Merchant Marine Academy: A Path Forward”, dated November 2021.

(b)

added Report on implementation of policy relating to sexual harassment and other matters— Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall submit to the appropriate congressional committees a report on the status of the implementation the policy on sexual harassment, dating violence, domestic violence, sexual assault, and stalking at the United States Merchant Marine Academy as required under section 51318 of title 46, United States Code.

(c)

added Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

added the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

Sec. 3521 Waiver of navigation and vessel-inspection laws

added

added Section 501 of title 46, United States Code, is amended—

(1)

added in subsection (b)(1) by inserting “on a vessel specific basis” after “those laws”; and

(2)

added in subsection (c)(1)—

(A)

added by inserting “and the individual requesting such waiver (if not the owner or operator of the vessel)” before “shall submit”;

(B)

added in subparagraph (C) by striking “and”;

(C)

added by redesignating subparagraphs (B), (C), and (D), as subparagraphs (C), (D), and (G), respectively;

(D)

added by inserting after subparagraph (A) the following:

added “(B) the name of the owner and operator of the vessel;”

(E)

added by inserting after subparagraph (D), as so redesignated, the following:

added “(E) a description of the cargo carried;

added “(F) an explanation as to why the waiver is necessary in the interest of national defense; and”

Sec. 3522 Certificates of numbers for undocumented vessels

added

added Section 12304(a) of title 46, United States Code, is amended—

(1)

added by striking “shall be pocketsized,”; and

(2)

added by inserting “in hard copy or digital form. Any certificate issued in hard copy under this section shall be pocketsized. The certificate shall be” after “and may be”.

Sec. 3523 Recapitalization of National Defense Reserve Fleet

added

(a)

added In general— The Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall direct the Maritime Administrator to carry out a program under which the Administrator—

(1)

added shall complete the design of a roll-on, roll-off cargo vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2024; and

(2)

added subject to the availability of appropriations, shall have an entity enter into a contract for the construction of not more than ten such vessels in accordance with this section.

(b)

added Construction and documentation requirements— A vessel constructed pursuant to this section shall meet the requirements for and be issued a certificate of documentation and a coastwise endorsement under chapter 121 of title 46, United States Code.

(c)

added Design standards and construction practices— Subject to subsection (b), a vessel constructed pursuant to this section shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(d)

added Consultation with other Federal entities— The Maritime Administrator may consult and coordinate with the Secretary of the Navy regarding the vessel described in subsection (a) and activities associated with such vessel.

(e)

added Contracting— The Maritime Administrator shall provide for an entity other than the Maritime Administration to contract for the construction of the vessel described in subsection (a).

(f)

added Limitation on Use of Funds for Used Vessels— Amounts authorized to be appropriated by this or any other Act for use by the Maritime Administration to carry out this section may not be used for the procurement of any used vessel.

(g)

added Buy America requirement— Section 4864 of title 10, United States Code, shall apply to all components of a vessel constructed under this section.

Sec. 3524 Cargoes procured, furnished, or financed by the United States Government

added

(a)

added In general— Section 55305 of title 46, United States Code, is amended—

(1)

added by striking subsection (a);

(2)

added by redesignating subsection (b) as subsection (a);

(3)

added in subsection (c)—

(A)

added by striking “The President” and inserting the following:

added “(1) In general—The President”

(B)

added by adding at the end the following:

added “(2) Submission to Congress—At least once each fiscal year, the President or the Secretary of Defense, as applicable, shall submit to the appropriate congressional committees, in writing, a notice of any waiver granted under this subsection and the reasons for granting such waiver.”

(4)

added by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(5)

added by inserting after subsection (a) the following:

added “(b) Eligible vessels—To be eligible to carry cargo under this section, a privately-owned commercial vessel—

added “(1) shall be documented under the laws of the United States for at least 3 years; or

added “(2) may be documented under the laws of the United States for less than 3 years if the vessel owner signs an agreement with the Secretary providing that—

added “(A) the vessel shall remain documented under the laws of the United States for at least 3 years; and

added “(B) the vessel owner shall, upon request of the Secretary, agree to enroll the vessel in an Emergency Preparedness Program under chapter 531 or voluntary agreement authorized under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558) and shall remain so enrolled until the vessel ceases to be documented under the laws of the United States.

added “(c) Violation of agreement

added “(1) In general—A vessel under an agreement described in subsection (b)(2) may be seized by and forfeited to the United States if, in violation of such agreement—

added “(A) the vessel owner places the vessel under foreign registry; or

added “(B) a person operates the vessel under the authority of a foreign country.

added “(2) Inapplicability of other law—Section 12112 of title 46, United States Code, shall not apply to the seizure and forfeiture of a vessel pursuant to paragraph (1).”

(6)

added by adding at the end the following:

added “(g) Audit and report—In carrying out this section, the Secretary shall annually—

added “(1) audit the list of vessels that are operating under an agreement described in subsection (b)(2); and

added “(2) submit to Congress a report describing—

added “(A) each of the vessels operating under paragraph (2) of section 55305(b) and each agreement signed by the Secretary pursuant to such paragraph;

added “(B) the results of any audit described in paragraph (1); and

added “(C) any other pertinent information that the Secretary determines to be of interest to Congress.”

(b)

added Technical amendment—

(1)

added Chapter analysis— The analysis for chapter 553 of title 46, United States Code, is amended by striking the item relating to subchapter I and inserting the following:

(2)

added Cargoes procured, furnished, or financed by the United States Government— Section 55305(d)(2)(D) of title 46, United States Code, is amended by striking “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 1303(a)(1))” and inserting “section 1303(a)(1) of title 41, United States Code,”.

Sec. 3532 National maritime transportation report and strategy

added

(a)

added National maritime transportation report— Not later than October 31, 2023, the Secretary of Defense shall submit to the appropriate congressional committees a national maritime transportation report. Such report shall include each of the following:

(1)

added An analysis of the causes for the decline in the number of vessels documented under chapter 121 of title 46, United States Code and operating in the international trade.

(2)

added An examination of the national security and economic requirements for the United States merchant marine during peacetime and during surge and sustained national defense sealift that addresses—

(A)

added whether existing United States-flag shipping, maritime labor, and shipbuilding and repair capacity is sufficient to fulfill such sealift requirements; and

(B)

added if such capacity is not sufficient, the capacity, including naval auxiliary ships, that would be needed during a major conflict by—

(i)

added the military for strategic sealift; and

(ii)

added the private sector to sustain the economy.

(3)

added An evaluation of the contracting procedures for United States Government cargo transport and a determination of whether such policies ensure sufficient access to vessels documented under chapter 121 of title 46, United States Code.

(4)

added A review of the objectives under section 50101(a) of title 46, United States Code, and a determination of the extent to which legislation, programs, policies, and regulations adopted since the adoption of such objectives in the Merchant Marine Act, 1936 have aligned with such objectives.

(5)

added A comparison between the subsidy programs of other beneficial flag programs and the existing support programs in the United States.

(b)

added National maritime transportation strategy— Not later than October 31, 2024, the Secretary of Defense shall submit to the appropriate congressional committees a national maritime transportation strategy. Such strategy shall include each of the following:

(1)

added Recommendations to encourage the growth of shipping by United States-flag and United States-owned vessels and the growth of the United States shipbuilding industrial base that are—

(A)

added sufficient for national and economic security;

(B)

added consistent with the objectives and policy under section 50101 of title 46, United States Code;

(C)

added compatible with international treaties and agreements governing maritime safety, security, and environmental protection; and

(D)

added compatible with rapidly evolving maritime transportation technology.

(2)

added Recommendations to increase the size of the United States-flagged fleet and increase the pool of United States mariners through—

(A)

added bolstering existing funding sources;

(B)

added new funding; or

(C)

added new programs.

(c)

added Independent entity preparation— The Secretary of Defense shall seek to enter into an agreement with an appropriate non-Department of Defense entity that specializes in maritime research under which such entity shall prepare the report and strategy required under this section.

(d)

added Consultation requirement— In carrying out this section, the Secretary of Defense shall consult with—

(1)

added the Secretary of Transportation, acting through the Maritime Administrator; and

(2)

added the Secretary of the Department in which the Coast Guard operating, acting through the Commandant of the Coast Guard.

(e)

added Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—

(1)

added the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of the Representatives; and

(2)

added the Committee on Armed Services and the Committee on Commerce, Science and Transportation of the Senate.

Sec. 4001 Authorization of amounts in funding tables

added

(a)

added In general— Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.

(b)

added Merit-based decisions—

(1)

added In general— A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—

(A)

added except as provided in paragraph (2), be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(B)

added comply with other applicable provisions of law.

(2)

added Exception— Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a dollar amount authorized pursuant to subsection (a) if the project, program, or activity involved—

(A)

added is listed in section 4201; and

(B)

added is identified as Community Project Funding through the inclusion of the abbreviation “CPF” immediately before the name of the project, program, or activity.

(c)

added Relationship to transfer and programming authority— An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.

(d)

added Applicability to classified annex— This section applies to any classified annex that accompanies this Act.

(e)

added

added Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. 3937) is amended—

(1)

added in subsection (a)—

(A)

added in paragraph (1), by striking “or the servicemember and the servicemember’s spouse jointly” and inserting “a dependent of the servicemember, or such a dependent and the servicemember jointly”; and

(B)

added in paragraph (3), by inserting “or a dependent of the servicemember” after “due from a servicemember”; and

(2)

added in subsection (b)(1)—

(A)

added in the paragraph heading, by inserting “and dependency” after “military service”;

(B)

added in subparagraph (A)—

(i)

added by striking “of the servicemember”;

(ii)

added by striking clause (i) and inserting the following:

added “(i) military orders indicating the current, future, or past military duty status of the servicemember; or”

(iii)

added in clause (ii), by inserting “or a certificate from the Defense Manpower Data Center” before the period at the end;

(C)

added by redesignating subparagraph (B) as subparagraph (C); and

(D)

added by inserting the following after subparagraph (A):

added “(B) Dependents—In addition to providing proof of military service under subparagraph (A), dependents of servicemembers shall provide documentation that indicates the dependency status of the dependent at the time the debt or obligation was incurred and continuing until the servicemember entered military service. Such documentation may include a marriage certificate, birth certificate, or any other appropriate indicator of dependency status.”

(3)

added in subsection (c), by inserting “, dependent, or both, as the case may be,” after “ability of the servicemember”.

Sec. 5102 Report on handling of certain records of the Department of Veterans Affairs

added

(a)

added Report— Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs, in coordination with the Secretary of Defense, shall submit to Congress a report on how the procedures outlined in M21-1 III.ii.2.F.1. of the Adjudication Procedures Manual of the Department of Veterans Affairs are followed in assisting veterans obtain or reconstruct service records and medical information damaged or destroyed in the July 1973 fire at the National Processing Records Center.

(b)

added Elements— The report under subsection (a) shall include the following elements:

(1)

added The determination of the Inspector General whether employees of the Department of Veterans Affairs receive sufficient training on such procedures.

(2)

added The determination of the Inspector General whether veterans are informed of actions necessary to adhere to such procedures.

(3)

added The percentage of cases regarding such service records and medical information in which employees of the Department of Veterans Affairs follow such procedures.

(4)

added The average time it takes to resolve an issue using such procedures.

(5)

added Recommendations to improve the implementation of such procedures.

Sec. 5201 Chemical Security Analysis Center

added

(a)

added In general— Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

added “323. Chemical Security Analysis Center

added “(a) In general—The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2). Such laboratory shall be used to conduct studies and analyses for assessing the threat and hazards associated with an accidental or intentional large-scale chemical event or chemical terrorism event.

added “(b) Laboratory described—The laboratory described in this subsection is the laboratory known, as of the date of the enactment of this section, as the Chemical Security Analysis Center.

added “(c) Laboratory activities—The Chemical Security Analysis Center shall—

added “(1) identify and develop countermeasures to chemical threats, including the development of comprehensive, research-based definable goals for such countermeasures;

added “(2) provide an enduring science-based chemical threat and hazard analysis capability;

added “(3) provide expertise in risk and consequence modeling, chemical sensing and detection, analytical chemistry, chemical toxicology, synthetic chemistry and reaction characterization, and nontraditional chemical agents and emerging chemical threats;

added “(4) staff and operate a technical assistance program that provides operational support and subject matter expertise, design and execute laboratory and field tests, and provide a comprehensive knowledge repository of chemical threat information that is continuously updated with data from scientific, intelligence, operational, and private sector sources; and

added “(5) carry out such other activities as the Secretary determines appropriate.

added “(d) Rule of construction—Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.”

(b)

added Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 amended by inserting after the item relating to section 322 the following new item:

Sec. 5202 National Cybersecurity Preparedness Consortium

added

added The National Cybersecurity Preparedness Consortium Act of 2021 (Public Law 117–122; 6 U.S.C. 652 note) is amended—

(1)

added in subsections (a) and (b), by striking “The Secretary may work with one or more consortia” each place it appears and inserting “The Secretary shall work with not fewer than three consortia”;

(2)

added in subsection (c)—

(A)

added in the matter preceding paragraph (1), by striking “In selecting a consortium” and inserting “In selecting the consortia”; and

(B)

added in paragraph (2), by striking “Geographic diversity of the members of any such consortium” and inserting “Regional diversity of such consortia, and geographic diversity of the members of such consortia,”; and

(3)

added in subsection (d), by striking “If the Secretary works with a consortium” and inserting “In working with the consortia”.

Sec. 5203 Report on cybersecurity roles and responsibilities of the Department of Homeland Security

added

(a)

added In general— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the roles and responsibilities of the Department and its components relating to cyber incident response.

(b)

added Contents— The report required under subsection (a) shall include the following:

(1)

added A review of how the cyber incident response plans under section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c)) are utilized in the Federal Government’s response to a cyber incident.

(2)

added An explanation of the roles and responsibilities of the Department of Homeland Security and its components with responsibility for, or in support of, the Federal Government’s response to a cyber incident, including primary responsibility for working with impacted private sector entities.

(3)

added An explanation of which and how authorities of the Department and its components are utilized in the Federal Government’s response to a cyber incident.

(4)

added Recommendations to provide further clarity for roles and responsibilities of the Department and its components relating to cyber incident response.

Sec. 5204 Exemption of certain Homeland Security fees for certain immediate relatives of an individual who received the Purple Heart

added

(a)

added In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative.

(b)

added Fee exemption— The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics.

(c)

added Pending applications and petitions— The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act.

(d)

added Definitions— In this section:

(1)

added Certain application or petition— The term “certain application or petition” means—

(A)

added an application using Form–400, Application for Naturalization (or any successor form); or

(B)

added a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form).

(2)

added Certain immediate relatives of an individual who was awarded the Purple Heart— The term “certain immediate relatives of an individual who was awarded the Purple Heart” means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code.

(3)

added Immediate relative— The term “immediate relative” has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)).

Sec. 5205 Clarifications regarding scope of employment and reemployment rights of members of the uniformed services

added

(a)

added Clarification regarding definition of rights and benefits— Section 4303(2) of title 38, United States Code, is amended—

(1)

added by inserting “(A)” before “The term”; and

(2)

added by adding at the end the following new subparagraph:

added “(B) Any procedural protections or provisions set forth in this chapter shall also be considered a right or benefit subject to the protection of this chapter.”

(b)

added Clarification regarding relation to other law and plans for agreements— Section 4302 of such title is amended by adding at the end the following:

added “(c)

added “(1) Pursuant to this section and the procedural rights afforded by subchapter III of this chapter, any agreement to arbitrate a claim under this chapter is unenforceable, unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

added “(2) For purposes of this subsection, consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of this chapter as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.”

Sec. 5301 Calculation of active service

added

(a)

added In general— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:

added “2515. Calculation of active service

added “Any service described, including service described prior to the date of enactment of the Don Young Coast Guard Authorization Act of 2022, in writing, including by electronic communication, by a representative of the Coast Guard Personnel Service Center as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by the President as active service for purposes of applying section 2152 or section 2306 with respect to the determination of the retirement qualification for any officer or enlisted member to whom a description was provided.”

(b)

added Clerical amendment— The analysis for chapter 25 of title 14, United States Code, is amended by inserting after the item relating to section 2515 the following:

(c)

added Rule of Construction— The amendment made by subsection (a) shall apply to officers and enlisted members that—

(1)

added have retired from the Coast Guard before the date of enactment of this Act;

(2)

added voluntarily separated from service before the date of enactment of this Act; or

(3)

added are serving in the Coast Guard on or after the date of enactment of this Act.

Sec. 5302 Acquisition of icebreaker

added

(a)

added In general— The Commandant of the Coast Guard may acquire or procure an available icebreaker.

(b)

added Exemptions from requirements— Sections 1131, 1132, 1133, and 1171 of title 14, United States Code, shall not apply to an acquisition or procurement under subsection (a).

(c)

added Available icebreaker defined— In this section, the term “available icebreaker” means a vessel that—

(1)

added is capable of—

(A)

added supplementing United States Coast Guard polar icebreaking capabilities;

(B)

added projecting United States sovereignty;

(C)

added carrying out the primary duty of the Coast Guard described in section 103(7) of title 14, United States Code; and

(D)

added collecting hydrographic, environmental, and climate data; and

(2)

added is documented with a coastwise endorsement under chapter 121 of title 46, United States Code.

(d)

added Authorization of appropriations— Of the amounts authorized under section 4902 of title 14, United States Code, as amended by this Act, for fiscal year 2023 up to $150,000,000 is authorized for the acquisition or procurement of an available icebreaker.

Sec. 5303 Department of Defense civilian pilots

added

(a)

added Eligibility for certain ratings— Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 61.73 of title 14, Code of Federal Regulations, to ensure that a Department of Defense civilian pilot is eligible for a rating based on qualifications earned as a Department of Defense pilot, pilot instructor, or pilot examiner in the same manner that a military pilot is eligible for such a rating based on qualifications earned as a military pilot, pilot instructor, or pilot examiner.

(b)

added Definitions— In this section:

(1)

added Department of Defense civilian pilot—

(A)

added In general— The term Department of Defense civilian pilot means an individual, other than a military pilot, who is employed as a pilot by the Department of Defense.

(B)

added Exclusion— The term Department of Defense civilian pilot does not include a contractor of the Department of Defense.

(2)

added Military pilot— The term military pilot means a military pilot, as such term is used in section 61.73 of title 14, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act).

Sec. 5304 Pilot program for spaceflight recovery operations at sea

added

(a)

added Sense of congress— It is the sense of Congress that—

(1)

added the United States has the most advanced commercial space industry in the world;

(2)

added the United States domestic space sector creates jobs, demonstrates American global technological leadership, and is critical to the national defense; and

(3)

added the reliable, safe, and secure at-sea recovery of spaceflight components is necessary to sustain and further develop the commercial space enterprise, which is of vital importance to the national and economic security of the United States.

(b)

added Establishment—

(1)

added In general— Not later than 30 days after the date of enactment of this Act, the Secretary shall establish and conduct a pilot program to oversee the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms by eligible entities to—

(A)

added better understand the complexities of such operation and monitoring and potential risks to navigation safety and maritime workers;

(B)

added gather observational and performance data from monitoring the use of remotely-controlled or unmanned spaceflight recovery vessels and platforms; and

(C)

added assess and evaluate regulatory alternatives to guide the development of routine operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels and platforms.

(2)

added Requirements— In conducting the pilot program established under this section, the Secretary shall—

(A)

added ensure that authority provided under this section is necessary to ensure the life and safety of licensed and unlicensed maritime workers and other non-vessel operating personnel involved during operations regulated under this section; and

(B)

added consider experience and knowledge gained pursuant to implementation of the pilot program authorized under section 8343 of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (46 U.S.C. 70034 note).

(c)

added Authorized activities—

(1)

added In general— In conducting the pilot program under this section, the Secretary may allow an eligible entity to—

(A)

added carry out remote over-the-horizon monitoring operations related to the active recovery of spaceflight components at sea on a remotely-controlled or unmanned spaceflight recovery vessel or platform;

(B)

added develop procedures for the operation and monitoring of remotely-controlled or unmanned spaceflight recovery vessels or platforms;

(C)

added carry out unmanned spaceflight recovery vessel transits and testing operations without a physical tow line; and

(D)

added carry out any other activities the Secretary determines to be in the interest of furthering the development of operations to recover spaceflight components at sea, including the use of remotely-controlled or unmanned vessels specifically designed, built, and used for domestic spaceflight recovery operations.

(2)

added Prohibition— In conducting the pilot program under this section, the Secretary may not allow an eligible entity to operate a remotely-controlled or unmanned spaceflight recovery vessel without a physical tow line within 12 nautical miles of a port.

(d)

added Interim authority— In recognition of potential risks to navigation safety and unique circumstances requiring the use of remotely operated or unmanned spaceflight recovery vessels or platforms for recovery of spaceflight components at sea, and in carrying out the pilot program under this section, the Secretary is authorized to—

(1)

added allow such recovery operations to proceed consistent with the authorities of the Secretary under navigation and manning laws and regulations; and

(2)

added modify applicable regulations and guidance as the Secretary considers appropriate to—

(A)

added allow the recovery of spaceflight components at sea to occur while ensuring navigation safety in recovery areas; and

(B)

added ensure the reliable, safe, and secure operation of remotely controlled or unmanned spaceflight recovery vessels and platforms.

(e)

added Duration— The pilot program established under this section shall terminate on the day that is 5 years after the date on which the pilot program is established.

(f)

added Prohibition on rulemaking—

(1)

added In general— During the covered period, and except as provided in paragraph (2), the Secretary may not propose, issue, or implement a rule regarding the integration of automated and autonomous commercial vessels and vessel technologies, including artificial intelligence, into the United States maritime transportation system.

(2)

added Non-application— The prohibition authorized under paragraph (1) shall not apply to a rule that is—

(A)

added related to activities carried out under this section; and

(B)

added initiated due to a matter of national security, an emergency, or to prevent the imminent loss of life and property at sea.

(3)

added Covered period defined— In this subsection, the term “covered period” means the period beginning on the date of enactment of this Act and ending on the later of—

(A)

added the date on which the International Maritime Organization adopts a regulatory regime including international standards to govern the use and operation of automated and autonomous commercial vessels and vessel technologies for commercial waterborne transportation; or

(B)

added the date on which the pilot program terminates under subsection (e).

(g)

added Briefings— Upon the request of the Committee on Transportation and Infrastructure of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate, the Commandant of the Coast Guard shall brief either such committee on the pilot program established under this section.

(h)

added Report— Not later than 180 days after the termination of the pilot program under subsection (e), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a final report describing the execution of such pilot program and recommendations for maintaining navigation safety and the safety of maritime workers in spaceflight recovery areas.

(i)

added Rule of construction— Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, or 55111 of title 46, United States Code.

(j)

added Definitions— In this section:

(1)

added Eligible entity— The term “eligible entity” means any company engaged in the recovery of spaceflight components at sea.

(2)

added Secretary— The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

Sec. 5305 Port infrastructure development grants

added

(a)

added In general— From amounts appropriated for port infrastructure development grants under section 54301(a) of title 46, United States Code, after the date of enactment of this Act for each of fiscal years 2023 through 2027, the Secretary of Transportation shall treat a project described in subsection (b) as an eligible project under section 54301(a)(3) of such title for purposes of making grants under section 54301(a) of such title.

(b)

added Project described— A project described in this subsection is a project to provide shore power at a port that services passenger vessels described in section 3507(k) of title 46, United States Code.

Sec. 5401 Modification to financial institution definition and establishment of anti-money laundering strategy and task force

added

(a)

added In General— Section 5312(a)(2) of title 31, United States Code, as amended by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, is amended—

(1)

added by redesignating subparagraphs (Z) and (AA) as subparagraphs (GG) and (HH), respectively; and

(2)

added by inserting after subparagraph (Y) the following:

added “(Z) a person engaged in the business of providing investment advice for compensation;

added “(AA) a person engaged in the trade in works of art, antiques, or collectibles, including a dealer, advisor, consultant, custodian, gallery, auction house, museum, or any other person who engages as a business in the solicitation or the sale of works of art, antiques, or collectibles;

added “(BB) an attorney, law firm, or notary involved in financial activity or related administrative activity on behalf of another person;

added “(CC) a trust or company service provider, including—

added “(i) a person involved in forming a corporation, limited liability company, trust, foundation, partnership, or other similar entity or arrangement;

added “(ii) a person involved in acting as, or arranging for another person to act as, a registered agent, trustee, or nominee to be a shareholder, officer, director, secretary, partner, signatory, or other similar position in relation to a person or arrangement;

added “(iii) a person involved in providing a registered office, address, or other similar service for a person or arrangement; or

added “(iv) any other person providing trust or company services, as defined by the Secretary of the Treasury;

added “(DD) a certified public accountant or public accounting firm;

added “(EE) a person engaged in the business of public relations, marketing, communications, or other similar services in such a manner as to provide another person anonymity or deniability; and

added “(FF) a person engaged in the business of providing third-party payment services, including payment processing, check consolidation, cash vault services, or other similar services designated by the Secretary of the Treasury;”

(b)

added Rulemaking—

(1)

added In general— Not later than December 31, 2023, the Secretary of the Treasury shall issue one or more rules to require all financial institutions (as defined in section 5312(a)(2) of title 31, United States Code) that have not already done so to—

(A)

added report suspicious transactions under section 5318(g) of title 31, United States Code;

(B)

added establish anti-money laundering programs under section 5318(h) of title 31, United States Code;

(C)

added establish due diligence policies, procedures, and controls under section 5318(i) of title 31, United States Code; and

(D)

added identify and verify their account holders under section 5318(l) of title 31, United States Code.

(2)

added Trust or company service provider— In promulgating a rule under paragraph (1) to implement subparagraph (CC) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of Treasury shall exclude from the category of covered persons—

(A)

added any government agency; and

(B)

added any attorney or law firm that uses a paid trust or company service provider, including any paid entity formation agent, operating within the United States.

(c)

added Effective date—

(1)

added Delayed effective date— Subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), shall take effect on December 31, 2023.

(2)

added Limitation on exemptions— With respect to a person described under subparagraphs (Z) through (FF) of section 5312(a)(2) of title 31, United States Code, as added by subsection (a), the Secretary of the Treasury may not exempt such person from any requirement under subchapter II of chapter 53 of title 31, United States Code, including any delay in such application.

(3)

added Application of certain provisions— Any financial institution (as defined in section 5312(a)(2) of title 31, United States Code) that is not already required to comply with subsections (g), (h), (i), and (l) of section 5318 of title 31, United States Code, shall do so on and after June 30, 2024, whether or not a rule has been issued under subsection (b)(1)(A).

(d)

added Treasury Task Force and strategy—

(1)

added In general— The Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network, shall establish a task force to—

(A)

added develop an ambitious, comprehensive, and multi-year United States Government strategy to impose anti-money laundering safeguards on all necessary gatekeeper professions;

(B)

added designate and authorize a Federal or State agency to enforce anti-money laundering requirements for each type of financial institution defined in section 5312(a)(2) of title 31, United States Code; and

(C)

added advance the regulatory rulemaking required under section 2(b) of this Act.

(2)

added Gatekeepers strategy—

(A)

added In general— Section 262 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44), is amended by inserting after paragraph (10) the following:

added “(11) Gatekeepers strategy—A description of efforts to impose anti-money laundering safeguards on all necessary gatekeeper professions, including art dealers, investment advisors, real estate professionals, lawyers, accountants, trust or company service providers, public relations professionals, dealers of luxury vehicles, money service businesses, and other similar professions.”

(B)

added Update clarification— If, before the date of the enactment of this Act, all updates to the national strategy required by section 261(b) of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44) have been completed, the President shall provide an additional update of such national strategy to the Congress containing the contents required under the amendment made by paragraph (1).

Sec. 5402 Review of Cyber-related Matters at the Department of the Treasury

added

(a)

added In general— No later than 270 days after the date of enactment of this Act, the Secretary of the Treasury shall complete a comprehensive review of the Department of the Treasury’s efforts dedicated to enhancing cybersecurity capability, readiness, and resilience of the financial services sector, specifically as it relates to—

(1)

added Treasury’s role as the sector risk management agency for the financial services sector, as defined by section 9002 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021; and

(2)

added integration of operational resilience and cybersecurity for the financial services sector across the Department of the Treasury.

(b)

added Elements— The review required under subsection (a) shall include the following elements and considerations:

(1)

added A comprehensive review of the components and offices within the Departmental Offices of the Department of the Treasury involved in efforts specified in subsection (a).

(2)

added A review of activities by the Department of the Treasury involved in efforts specified in subsection (a).

(3)

added An assessment of the how each activity identified in this subsection connects to the National Security Strategy and other related documents of the Executive Branch.

(4)

added An assessment of the Department of the Treasury’s ability to discharge fully its duties specified in subsection (a) and identify any areas where it may need additional resources, legislation or authority.

(5)

added An evaluation of the partnerships with other executive branch departments and agencies to support efforts specified in subsection (a).

(6)

added An evaluation of support to and from the Financial and Banking Information Infrastructure Committee, and its member agencies to enhance efforts specified in subsection (a).

(7)

added A five-year plan for the Department of the Treasury that defines an objectives and goals related to the efforts specified in subsection (a).

(c)

added Submission to Congress— No later than 30 days after the completion of the review specified under subsection (a), the Secretary of the Treasury shall transmit the review to Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

(d)

added Annual update— No later than February 1st of each year after the submission of the review until 2028, the Secretary shall provide an update on progress made in the preceding year in relation to the plan directed in subsection (b)(7) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.

Sec. 5501 Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity amendment

added

added The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act (Public Law 100–89; 101 Stat. 666) is amended by adding at the end the following:

added “301. Rule of construction

added “Nothing in this Act shall be construed to preclude or limit the applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).”

Sec. 5502 Inclusion of Commonwealth of the Northern Mariana Islands and American Samoa

added

added The Wagner-Peyser Act is amended—

(1)

added in section 2(5) (29 U.S.C. 49a(5)), by inserting “the Commonwealth of the Northern Mariana Islands, American Samoa,” after “Guam,”;

(2)

added in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting “the Commonwealth of the Northern Mariana Islands, and American Samoa,” after “Guam,”;

(3)

added in section 6(a) (29 U.S.C. 49e(a))—

(A)

added by inserting “, the Commonwealth of the Northern Mariana Islands, and American Samoa” after “except for Guam”;

(B)

added by striking “allot to Guam” and inserting the following:

added “(1) Guam”

(C)

added by striking the period at the end and inserting “; and”; and

(D)

added by adding at the end the following:

added “(2) the Commonwealth of the Northern Mariana Islands and American Samoa an amount which, in relation to the total amount available for the fiscal year, is equal to the allotment percentage that Guam received of amounts available under this Act in fiscal year 1983.”

(4)

added in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter following subparagraph (B), by inserting “, the Commonwealth of the Northern Mariana Islands, American Samoa,” after “does not include Guam”.

Sec. 5503 Amendments to Sikes Act

added

(a)

added Use of natural features— Section 101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A)) is amended—

(1)

added by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and

(2)

added by inserting after clause (i) the following:

added “(ii) the use of natural and nature-based features to maintain or improve military installation resilience;”

(b)

added 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)

added by striking the header and inserting “Program for Invasive Species Management for Military Installations”; and

(2)

added in paragraph (1)—

(A)

added by striking “During fiscal years 2009 through 2014, the” and inserting “The”; and

(B)

added by striking “in Guam”.

Sec. 5504 Brennan Reef

added

(a)

added Designation— The reef described in subsection (b) shall be known and designated as “Brennan Reef”, in honor of the late Rear Admiral Richard T. Brennan of the National Oceanic and Atmospheric Administration.

(b)

added Reef described— The reef referred to in subsection (a) is—

(1)

added between San Miguel and Santa Rosa Islands on the north side of the San Miguel Passage in the Channel Island National Marine Sanctuary; and

(2)

added centered at 34 degrees 03.12 minutes North, 120 degrees 15.95 minutes West.

(c)

added References— Any reference in any law, regulation, document, record, map, or other paper of the United States to the reef described in subsection (b) is deemed to be a reference to Brennan Reef.

Sec. 5601 Short title

added

added This subtitle may be cited as the “Securing Inspector General Independence Act of 2022”.

Sec. 5602 Removal or transfer of inspectors general; placement on non-duty status

added

(a)

added In general— The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in section 3(b)—

(A)

added by inserting “(1)(A)” after “(b)”;

(B)

added in paragraph (1), as so designated—

(i)

added in subparagraph (A), as so designated, in the second sentence—

(I)

added by striking “reasons” and inserting the following: “substantive rationale, including detailed and case-specific reasons,”; and

(II)

added by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(ii)

added by adding at the end the following:

added “(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—

added “(i) identify each entity that is conducting, or that conducted, the inquiry; and

added “(ii) in the case of a completed inquiry, contain the findings made during the inquiry.”

(C)

added by adding at the end the following:

added “(2)

added “(A) Subject to the other provisions of this paragraph, only the President may place an Inspector General on non-duty status.

added “(B) If the President places an Inspector General on non-duty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—

added “(i) the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

added “(ii) in the communication, the President includes a report on the determination described in clause (i), which shall include—

added “(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this subparagraph;

added “(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

added “(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

added “(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

added “(C) The President may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (1)(A) unless the President—

added “(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

added “(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.

added “(D) For the purposes of this paragraph—

added “(i) the term Inspector General—

added “(I) means an Inspector General who was appointed by the President, without regard to whether the Senate provided advice and consent with respect to that appointment; and

added “(II) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for Afghanistan Reconstruction, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery; and

added “(ii) a reference to the removal or transfer of an Inspector General under paragraph (1), or to the written communication described in that paragraph, shall be considered to be—

added “(I) in the case of the Inspector General of the Intelligence Community, a reference to section 103H(c)(4) of the National Security Act of 1947 (50 U.S.C. 3033(c)(4));

added “(II) in the case of the Inspector General of the Central Intelligence Agency, a reference to section 17(b)(6) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(b)(6));

added “(III) in the case of the Special Inspector General for Afghanistan Reconstruction, a reference to section 1229(c)(6) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 378);

added “(IV) in the case of the Special Inspector General for the Troubled Asset Relief Program, a reference to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and

added “(V) in the case of the Special Inspector General for Pandemic Recovery, a reference to section 4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).”

(2)

added in section 8G(e)—

(A)

added in paragraph (1), by inserting “or placement on non-duty status” after “a removal”;

(B)

added in paragraph (2)—

(i)

added by inserting “(A)” after “(2)”;

(ii)

added in subparagraph (A), as so designated, in the first sentence—

(I)

added by striking “reasons” and inserting the following: “substantive rationale, including detailed and case-specific reasons,”; and

(II)

added by inserting “(including to the appropriate congressional committees)” after “Houses of Congress”; and

(iii)

added by adding at the end the following:

added “(B) If there is an open or completed inquiry into an Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—

added “(i) identify each entity that is conducting, or that conducted, the inquiry; and

added “(ii) in the case of a completed inquiry, contain the findings made during the inquiry.”

(C)

added by adding at the end the following:

added “(3)

added “(A) Subject to the other provisions of this paragraph, only the head of the applicable designated Federal entity (referred to in this paragraph as the “covered official”) may place an Inspector General on non-duty status.

added “(B) If a covered official places an Inspector General on non-duty status, the covered official shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the covered official may submit that communication not later than the date on which the change in status takes effect if—

added “(i) the covered official has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

added “(ii) in the communication, the covered official includes a report on the determination described in clause (i), which shall include—

added “(I) a specification of which clause of section 6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause (i) of this subparagraph;

added “(II) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);

added “(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and

added “(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.

added “(C) A covered official may not place an Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the covered official—

added “(i) has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of section 6329b(b)(2)(A) of title 5, United States Code; and

added “(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.

added “(D) Nothing in this paragraph may be construed to limit or otherwise modify—

added “(i) any statutory protection that is afforded to an Inspector General; or

added “(ii) any other action that a covered official may take under law with respect to an Inspector General.”

(b)

added Technical and conforming amendment— Section 12(3) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “except as otherwise expressly provided,” before “the term”.

Sec. 5603 Vacancy in position of inspector general

added

(a)

added In general— Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

added “(h)

added “(1) In this subsection—

added “(A) the term first assistant to the position of Inspector General means, with respect to an Office of Inspector General—

added “(i) an individual who, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position—

added “(I) is serving in a position in that Office; and

added “(II) has been designated in writing by the Inspector General, through an order of succession or otherwise, as the first assistant to the position of Inspector General; or

added “(ii) if the Inspector General has not made a designation described in clause (i)(II)—

added “(I) the Principal Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; or

added “(II) if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of that Office, as of the day before the date on which the Inspector General dies, resigns, or otherwise becomes unable to perform the functions and duties of that position; and

added “(B) the term Inspector General—

added “(i) means an Inspector General who is appointed by the President, by and with the advice and consent of the Senate; and

added “(ii) includes the Inspector General of an establishment, the Inspector General of the Intelligence Community, the Inspector General of the Central Intelligence Agency, the Special Inspector General for the Troubled Asset Relief Program, and the Special Inspector General for Pandemic Recovery.

added “(2) If an Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—

added “(A) section 3345(a) of title 5, United States Code, and section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)) shall not apply;

added “(B) subject to paragraph (4), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

added “(C) notwithstanding subparagraph (B), and subject to paragraphs (4) and (5), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code, only if—

added “(i) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—

added “(I) the requirement under this clause shall not apply if the officer is an Inspector General; and

added “(II) for the purposes of this subparagraph, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;

added “(ii) the rate of pay for the position of the officer or employee described in clause (i) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule;

added “(iii) the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and

added “(iv) not later than 30 days before the date on which the direction takes effect, the President communicates in writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.

added “(3) Notwithstanding section 3345(a) of title 5, United States Code, section 103(e) of the National Security Act of 1947 (50 U.S.C. 3025(e)), and subparagraphs (B) and (C) of paragraph (2), and subject to paragraph (4), during any period in which an Inspector General is on non-duty status—

added “(A) the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and

added “(B) if the first assistant described in subparagraph (A) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in that Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, United States Code, if—

added “(i) that direction satisfies the requirements under clauses (ii), (iii), and (iv) of paragraph (2)(C); and

added “(ii) that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.

added “(4) An individual may perform the functions and duties of an Inspector General temporarily and in an acting capacity under subparagraph (B) or (C) of paragraph (2), or under paragraph (3), with respect to only 1 Inspector General position at any given time.

added “(5) If the President makes a direction under paragraph (2)(C), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the applicable Inspector General shall be performed by—

added “(A) the first assistant to the position of Inspector General; or

added “(B) the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.”

(b)

added Rule of construction— Nothing in the amendment made by subsection (a) may be construed to limit the applicability of sections 3345 through 3349d of title 5, United States Code (commonly known as the “Federal Vacancies Reform Act of 1998”), other than with respect to section 3345(a) of that title.

(c)

added Effective date—

(1)

added Definition— In this subsection, the term Inspector General has the meaning given the term in subsection (h)(1)(B) of section 3 of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a) of this section.

(2)

added Applicability—

(A)

added In general— Except as provided in subparagraph (B), this section, and the amendments made by this section, shall take effect on the date of enactment of this Act.

(B)

added Existing vacancies— If, as of the date of enactment of this Act, an individual is performing the functions and duties of an Inspector General temporarily in an acting capacity, this section, and the amendments made by this section, shall take effect with respect to that Inspector General position on the date that is 30 days after the date of enactment of this Act.

Sec. 5604 Office of inspector general whistleblower complaints

added

(a)

added Whistleblower Protection Coordinator— Section 3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in clause (i), in the matter preceding subclause (I), by inserting “, including employees of that Office of Inspector General” after “employees”; and

(2)

added in clause (iii), by inserting “(including the Integrity Committee of that Council)” after “and Efficiency”.

(b)

added Council of the Inspectors General on Integrity and Efficiency— Section 11(c)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking “, allegations of reprisal,” and inserting the following: “and allegations of reprisal (including the timely and appropriate handling and consideration of protected disclosures and allegations of reprisal that are internal to an Office of Inspector General)”.

Sec. 5611 Presidential explanation of failure to nominate an inspector general

added

(a)

added In general— Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following:

added “3349e. Presidential explanation of failure to nominate an inspector general

added “If the President fails to make a formal nomination for a vacant inspector general position that requires a formal nomination by the President to be filled within the period beginning on the later of the date on which the vacancy occurred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congressional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.)—

added “(1) the reasons why the President has not yet made a formal nomination; and

added “(2) a target date for making a formal nomination.”

(b)

added Technical and conforming amendment— The table of sections for subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3349d the following:

(c)

added Effective date— The amendment made by subsection (a) shall take effect—

(1)

added on the date of enactment of this Act with respect to any vacancy first occurring on or after that date; and

(2)

added on the day that is 210 days after the date of enactment of this Act with respect to any vacancy that occurred before the date of enactment of this Act.

Sec. 5621 Short title

added

added This subtitle may be cited as the “Integrity Committee Transparency Act of 2022”.

Sec. 5622 Additional information to be included in requests and reports to Congress

added

added Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in paragraph (5)(B)(ii), by striking the period at the end and inserting “, the length of time the Integrity Committee has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause with respect to the allegation of wrongdoing, including the description provided for why additional time was needed.”; and

(2)

added in paragraph (8)(A)(ii), by inserting “or corrective action” after “disciplinary action”.

Sec. 5623 Availability of information to Congress on certain allegations of wrongdoing closed without referral

added

added Section 11(d)(5)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

added “(iii) Availability of information to Congress on certain allegations of wrongdoing closed without referral

added “(I) In general—With respect to an allegation of wrongdoing made by a member of Congress that is closed by the Integrity Committee without referral to the Chairperson of the Integrity Committee to initiate an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing the allegation of wrongdoing, provide a written description of the nature of the allegation of wrongdoing and how the Integrity Committee evaluated the allegation of wrongdoing to—

added “(aa) the Chair and Ranking Minority Member of the Committee on Homeland Security and Governmental Affairs of the Senate; and

added “(bb) the Chair and Ranking Minority Member of the Committee on Oversight and Reform of the House of Representatives.

added “(II) Requirement to forward—The Chairperson of the Integrity Committee shall forward any written description or update provided under this clause to the members of the Integrity Committee and to the Chairperson of the Council.”

Sec. 5624 Semiannual report

added

added Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows:

added “(9) Semiannual report—On or before May 31, 2022, and every 6 months thereafter, the Council shall submit to Congress and the President a report on the activities of the Integrity Committee during the immediately preceding 6-month periods ending March 31 and September 30, which shall include the following with respect to allegations of wrongdoing that are made against Inspectors General and staff members of the various Offices of Inspector General described in paragraph (4)(C):

added “(A) An overview and analysis of the allegations of wrongdoing disposed of by the Integrity Committee, including—

added “(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

added “(ii) analysis of the categories or types of the allegations of wrongdoing; and

added “(iii) a summary of disposition of all the allegations.

added “(B) The number of allegations received by the Integrity Committee.

added “(C) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including the number of allegations referred for criminal investigation.

added “(D) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and a summary of the findings of investigations completed.

added “(E) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some part of the six months covered by the report, including—

added “(i) analysis of the positions held by individuals against whom allegations were made, including the duties affiliated with such positions;

added “(ii) analysis of the categories or types of the allegations of wrongdoing; and

added “(iii) a summary of disposition of all the allegations.

added “(F) The number and category or type of pending investigations.

added “(G) For each allegation received—

added “(i) the date on which the investigation was opened;

added “(ii) the date on which the allegation was disposed of, as applicable; and

added “(iii) the case number associated with the allegation.

added “(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without referral.

added “(I) A brief description of any difficulty encountered by the Integrity Committee when receiving, evaluating, investigating, or referring for investigation an allegation received by the Integrity Committee, including a brief description of—

added “(i) any attempt to prevent or hinder an investigation; or

added “(ii) concerns about the integrity or operations at an Office of Inspector General.

added “(J) Other matters that the Council considers appropriate.”

Sec. 5625 Additional reports

added

added Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and

(2)

added by inserting after subsection (d) the following:

added “(e) Additional reports

added “(1) Report to inspector general—The Chairperson of the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, immediately whenever the Chairperson of the Integrity Committee becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of an Office of Inspector General for which the Integrity Committee may receive, review, and refer for investigation allegations of wrongdoing under section 11(d), submit a report to the Inspector General who leads the Office at which the serious or flagrant problems, abuses, or deficiencies were alleged.

added “(2) Report to President, congress, and the establishment—Not later than 7 days after the date on which an Inspector General receives a report submitted under paragraph (1), the Inspector General shall submit to the President, the appropriate congressional committees, and the head of the establishment—

added “(A) the report received under paragraph (1); and

added “(B) a report by the Inspector General containing any comments the Inspector General determines appropriate.”

Sec. 5626 Requirement to report final disposition to Congress

added

added Section 11(d)(8)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “and the appropriate congressional committees” after “Integrity Committee”.

Sec. 5627 Investigations of Offices of Inspectors General of establishments by the Integrity Committee

added

added Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting “, and that an investigation of an Office of Inspector General of an establishment is conducted by another Office of Inspector General of an establishment” after “size”.

Sec. 5631 Notice of ongoing investigations when there is a change in status of Inspector General

added

added Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after subsection (e), as added by section 5625 of this title, the following:

added “(f) Not later than 15 days after an Inspector General is removed, placed on paid or unpaid non-duty status, or transferred to another position or location within an establishment, the officer or employee performing the functions and duties of the Inspector General temporarily in an acting capacity shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives information regarding work being conducted by the Office as of the date on which the Inspector General was removed, placed on paid or unpaid non-duty status, or transferred, which shall include—

added “(1) for each investigation—

added “(A) the type of alleged offense;

added “(B) the fiscal quarter in which the Office initiated the investigation;

added “(C) the relevant Federal agency, including the relevant component of that Federal agency for any Federal agency listed in section 901(b) of title 31, United States Code, under investigation or affiliated with the individual or entity under investigation; and

added “(D) whether the investigation is administrative, civil, criminal, or a combination thereof, if known; and

added “(2) for any work not described in paragraph (1)—

added “(A) a description of the subject matter and scope;

(A)

added in subsection (b), in the matter preceding paragraph (1), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(B)

added in subsection (d), by striking “committees or subcommittees of Congress” and inserting “congressional committees”;

(2)

added in section 6(h)(4)—

(A)

added in subparagraph (B), by striking “Government”; and

(B)

added by amending subparagraph (C) to read as follows:

added “(C) Any other relevant congressional committee or subcommittee of jurisdiction.”

(3)

added in section 8—

(A)

added in subsection (b)—

(i)

added in paragraph (3), by striking “the Committees on Armed Services and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Government Reform and Oversight of the House of Representatives and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii)

added in paragraph (4), by striking “and to other appropriate committees or subcommittees”; and

(B)

added in subsection (f)—

(i)

added in paragraph (1), by striking “the Committees on Armed Services and on Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to other appropriate committees or subcommittees of Congress” and inserting “the appropriate congressional committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives”; and

(ii)

added in paragraph (2), by striking “committees or subcommittees of the Congress” and inserting “congressional committees”;

(4)

added in section 8D—

(A)

added in subsection (a)(3), by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Operations and Ways and Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(B)

added in subsection (g)—

(i)

added in paragraph (1)—

(I)

added by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(II)

added by striking “Committees on Governmental Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and Ways and Means of the House of Representatives” and inserting “Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives”; and

(ii)

added in paragraph (2), by striking “committees or subcommittees of Congress ” and inserting “congressional committees”;

(5)

added in section 8E—

(A)

added in subsection (a)(3), by striking “Committees on Governmental Affairs and Judiciary of the Senate and the Committees on Government Operations and Judiciary of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “appropriate congressional committees, including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”; and

(B)

added in subsection (c)—

(i)

added by striking “committees or subcommittees of the Congress” and inserting “congressional committees”; and

(ii)

added by striking “Committees on the Judiciary and Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of the House of Representatives” and inserting “Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives”;

(6)

added in section 8G—

(A)

added in subsection (d)(2)(E), in the matter preceding clause (i), by inserting “the appropriate congressional committees, including” after “are”; and

(B)

added in subsection (f)(3)—

(i)

added in subparagraph (A)(iii), by striking “Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives, and to other appropriate committees or subcommittees of the Congress” and inserting “the appropriate congressional committees”; and

(ii)

added by striking subparagraph (C);

(7)

added in section 8I—

(A)

added in subsection (a)(3), in the matter preceding subparagraph (A), by striking “committees and subcommittees of Congress” and inserting “congressional committees”; and

(B)

added in subsection (d), by striking “committees and subcommittees of Congress” each place it appears and inserting “congressional committees”;

(8)

added in section 8N(b), by striking “committees of Congress” and inserting “congressional committees”;

(9)

added in section 11—

(A)

added in subsection (b)(3)(B)(viii)—

(i)

added by striking subclauses (III) and (IV);

(ii)

added in subclause (I), by adding “and” at the end; and

(iii)

added by amending subclause (II) to read as follows:

added “(II) the appropriate congressional committees.”

(B)

added in subsection (d)(8)(A)(iii), by striking “to the” and all that follows through “jurisdiction” and inserting “to the appropriate congressional committees”; and

(10)

added in section 12—

(A)

added in paragraph (4), by striking “and” at the end;

(B)

added in paragraph (5), by striking the period at the end and inserting “; and”; and

(C)

added by adding at the end the following:

added “(6) the term “appropriate congressional committees” means—

added “(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

added “(B) the Committee on Oversight and Reform of the House of Representatives; and

added “(C) any other relevant congressional committee or subcommittee of jurisdiction.”

Sec. 5673 Semiannual reports

added

added The Inspector General Act of 1978 (5 U.S.C. App.) is amended—

(1)

added in section 4(a)(2)—

(A)

added by inserting “, including” after “to make recommendations”; and

(B)

added by inserting a comma after “section 5(a)”;

(2)

added in section 5—

(A)

added in subsection (a)—

(i)

added by striking paragraphs (1) through (12) and inserting the following:

added “(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;

added “(2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation;

added “(3) a summary of significant investigations closed during the reporting period;

added “(4) an identification of the total number of convictions during the reporting period resulting from investigations;

added “(5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including—

added “(A) a listing of each audit, inspection, or evaluation;

added “(B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period;

added “(6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period;”

(ii)

added by redesignating paragraphs (13) through (22) as paragraphs (7) through (16), respectively;

(iii)

added by amending paragraph (13), as so redesignated, to read as follows:

added “(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) if the establishment does not have senior Government employees, which shall include—

added “(A) the name of the senior Government employee, if already made public by the Office; and

added “(B) a detailed description of—

added “(i) the facts and circumstances of the investigation; and

added “(ii) the status and disposition of the matter, including—

added “(I) if the matter was referred to the Department of Justice, the date of the referral; and

added “(II) if the Department of Justice declined the referral, the date of the declination;”

(iv)

added by amending paragraph (15), as so redesignated, to read as follows:

added “(15) information related to interference by the establishment, including—

added “(A) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including—

added “(i) with budget constraints designed to limit the capabilities of the Office; and

added “(ii) incidents where the establishment has resisted or objected to oversight activities of the Office or restricted or significantly delayed access to information, including the justification of the establishment for such action; and

added “(B) a summary of each report made to the head of the establishment under section 6(c)(2) during the reporting period;”

(B)

added in subsection (b)—

(i)

added by striking paragraphs (2) and (3) and inserting the following:

added “(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing—

added “(A) with respect to management decisions—

added “(i) for each report, whether a management decision was made during the reporting period;

added “(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

added “(iii) total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and

added “(B) with respect to final actions—

added “(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period;

added “(ii) if final action was taken, the dollar value of—

added “(I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise;

added “(II) disallowed costs that were written off by management;

added “(III) disallowed costs and funds to be put to better use not yet recovered or written off by management;

added “(IV) recommendations that were completed; and

added “(V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and

added “(iii) total number of reports where final action was not taken and total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions;”

(ii)

added by redesignating paragraph (4) as paragraph (3);

(iii)

added in paragraph (3), as so redesignated, by striking “subsection (a)(20)(A)” and inserting “subsection (a)(14)(A)”; and

(iv)

added by striking paragraph (5) and inserting the following:

added “(4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement—

added “(A) may exclude reports if—

added “(i) a management decision was made within the preceding year; or

added “(ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and

added “(B) shall identify the number of reports in each category so excluded.”

(C)

added by redesignating subsection (h), as so redesignated by section __305 of this title, as subsection (i); and

(D)

added by inserting after subsection (g), as so redesignated by section __305 of this title, the following:

added “(h) If an Office has published any portion of the report or information required under subsection (a) to the website of the Office or on oversight.gov, the Office may elect to provide links to the relevant webpage or website in the report of the Office under subsection (a) in lieu of including the information in that report.”

Sec. 5674 Submission of reports that specifically identify non-governmental organizations or business entities

added

(a)

added In general— Section 5(g) of the Inspector General Act of 1978 (5 U.S.C. App.), as so redesignated by section __305 of this title, is amended by adding at the end the following:

added “(6)

added “(A) Except as provided in subparagraph (B), if an audit, evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific non-governmental organization or business entity, whether or not the non-governmental organization or business entity is the subject of that audit, evaluation, inspection, or non-investigative report—

added “(i) the Inspector General shall notify the non-governmental organization or business entity;

added “(ii) the non-governmental organization or business entity shall have—

added “(I) 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date of publication of the audit, evaluation, inspection, or non-investigative report; and

added “(II) the opportunity to submit a written response for the purpose of clarifying or providing additional context as it directly relates to each instance wherein an audit, evaluation, inspection, or non-investigative report specifically identifies that non-governmental organization or business entity; and

added “(iii) if a written response is submitted under clause (ii)(II) within the 30-day period described in clause (ii)(I)—

added “(I) the written response shall be attached to the audit, evaluation, inspection, or non-investigative report; and

added “(II) in every instance where the report may appear on the public-facing website of the Inspector General, the website shall be updated in order to access a version of the audit, evaluation, inspection, or non-investigative report that includes the written response.

added “(B) Subparagraph (A) shall not apply with respect to a non-governmental organization or business entity that refused to provide information or assistance sought by an Inspector General during the creation of the audit, evaluation, inspection, or non-investigative report.

added “(C) An Inspector General shall review any written response received under subparagraph (A) for the purpose of preventing the improper disclosure of classified information or other non-public information, consistent with applicable laws, rules, and regulations, and, if necessary, redact such information.”

(b)

added Retroactive applicability— During the 30-day period beginning on the date of enactment of this Act—

(1)

added the amendment made by subsection (a) shall apply upon the request of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other non-investigative report prepared on or after January 1, 2019; and

(2)

added any written response submitted under clause (iii) of section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (a), with respect to such an audit, evaluation, inspection, or other non-investigative report shall attach to the original report in the manner described in that clause.

Sec. 5675 Review relating to vetting, processing, and resettlement of evacuees from Afghanistan and the Afghanistan special immigrant visa program

added

(a)

added In general— In accordance with the Inspector General Act of 1978 (5 U.S.C. App.), the Inspector General of the Department of Homeland Security, jointly with the Inspector General of the Department of State, and in coordination with the Inspector General of the Department of Defense and any appropriate inspector general, shall conduct a thorough review of efforts to support and process evacuees from Afghanistan and the Afghanistan special immigrant visa program.

(b)

added Elements— The review required by subsection (a) shall include an assessment of the systems, staffing, policies, and programs used—

(1)

added to the screen and vet such evacuees, including—

(A)

added an assessment of whether personnel conducting such screening and vetting were appropriately authorized and provided with training, including training in the detection of fraudulent personal identification documents;

(B)

added an analysis of the degree to which such screening and vetting deviated from United States law, regulations, policy, and best practices relating to the screening and vetting of refugees and applicants for United States visas that have been in use at any time since January 1, 2016;

(C)

added an identification of any risk to the national security of the United States posed by any such deviations;

(D)

added an analysis of the processes used for evacuees traveling without personal identification records, including the creation or provision of any new identification records to such evacuees; and

(E)

added an analysis of the degree to which such screening and vetting process was capable of detecting—

(i)

added instances of human trafficking and domestic abuse;

(ii)

added evacuees who are unaccompanied minors; and

(iii)

added evacuees with a spouse that is a minor;

(2)

added to admit and process such evacuees at United States ports of entry;

(3)

added to temporarily house such evacuees prior to resettlement;

(4)

added to account for the total number of individuals evacuated from Afghanistan in 2021 with support of the United States Government, disaggregated by—

(A)

added country of origin;

(B)

added citizenship, only if different from country of origin;

(C)

added age;

(D)

added gender;

(E)

added eligibility for special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109–163) at the time of evacuation;

(F)

added eligibility for employment-based nonimmigrant visas at the time of evacuation; and

(G)

added familial relationship to evacuees who are eligible for visas described in subparagraphs (E) and (F); and

(5)

added to provide eligible individuals with special immigrant visas under the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8) and section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public Law 109–163) since the date of the enactment of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public Law 111–8), including—

(A)

added a detailed step-by-step description of the application process for such special immigrant visas, including the number of days allotted by the United States Government for the completion of each step;

(B)

added the number of such special immigrant visa applications received, approved, and denied, disaggregated by fiscal year;

(C)

added the number of such special immigrant visas issued, as compared to the number available under law, disaggregated by fiscal year;

(D)

added an assessment of the average length of time taken to process an application for such a special immigrant visa, beginning on the date of submission of the application and ending on the date of final disposition, disaggregated by fiscal year;

(E)

added an accounting of the number of applications for such special immigrant visas that remained pending at the end of each fiscal year;

(F)

added an accounting of the number of interviews of applicants for such special immigrant visas conducted during each fiscal year;

(G)

added the number of noncitizens who were admitted to the United States pursuant to such a special immigrant visa during each fiscal year;

(H)

added an assessment of the extent to which each participating department or agency of the United States Government, including the Department of State and the Department of Homeland Security, adjusted processing practices and procedures for such special immigrant visas so as to vet applicants and expand processing capacity since the February 29, 2020, Doha Agreement between the United States and the Taliban;

(I)

added a list of specific steps, if any, taken between February 29, 2020, and August 31, 2021—

(i)

added to streamline the processing of applications for such special immigrant visas; and

(ii)

added to address longstanding bureaucratic hurdles while improving security protocols;

(J)

added a description of the degree to which the Secretary of State implemented recommendations made by the Department of State Office of Inspector General in its June 2020 reports on Review of the Afghan Special Immigrant Visa Program (AUD-MERO-20-35) and Management Assistance Report: Quarterly Reporting on Afghan Special Immigrant Visa Program Needs Improvement (AUD-MERO-20-34);

(K)

added an assessment of the extent to which challenges in verifying applicants’ employment with the Department of Defense contributed to delays in the processing of such special immigrant visas, and an accounting of the specific steps taken since February 29, 2020, to address issues surrounding employment verification; and

(L)

added recommendations to strengthen and streamline such special immigrant visa process going forward.

(c)

added Interim reporting—

(1)

added In general— Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall submit to the appropriate congressional committees not fewer than one interim report on the review conducted under this section.

(2)

added Definitions— In this subsection:

(A)

added Appropriate congressional committees— The term appropriate congressional committees has the meaning given the term in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this subtitle.

(B)

added Screen; screening— The terms screen and screening, with respect to an evacuee, mean the process by which a Federal official determines—

(i)

added the identity of the evacuee;

(ii)

added whether the evacuee has a valid identification documentation; and

(iii)

added whether any database of the United States Government contains derogatory information about the evacuee.

(C)

added Vet; vetting— The term vet and vetting, with respect to an evacuee, means the process by which a Federal official interviews the evacuee to determine whether the evacuee is who they purport to be, including whether the evacuee poses a national security risk.

(d)

added Discharge of responsibilities— The Inspector General of the Department of Homeland Security and the Inspector General of the Department of State shall discharge the responsibilities under this section in a manner consistent with the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C. App.) and the authorities and requirements applicable to the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State under that Act.

(e)

added Coordination— Upon request of an Inspector General for information or assistance under subsection (a), the head of any Federal agency involved shall, insofar as is practicable and not in contravention of any existing statutory restriction or regulation of the Federal agency from which the information is requested, furnish to such Inspector General, or to an authorized designee, such information or assistance.

(f)

added Rule of construction— Nothing in this section shall be construed to limit the ability of the Inspector General of the Department of Homeland Security or the Inspector General of the Department of State to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of the oversight responsibilities of the Inspector General of the Department of Homeland Security and the Inspector General of the Department of State, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.), with respect to oversight of the evacuation from Afghanistan, the selection, vetting, and processing of applicants for special immigrant visas and asylum, and any resettlement in the United States of such evacuees.

Sec. 5701 Appeals to Merit Systems Protection Board relating to FBI reprisal allegations; salary of Special Counsel

added

(a)

added Appeals to MSPB— Section 2303 of title 5, United States Code, is amended by adding at the end the following:

added “(d)

added “(1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.

added “(2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.”

(b)

added Special Counsel salary—

(1)

added In general— Subchapter II of chapter 53 of title 5, United States Code, is amended—

(A)

added in section 5314, by adding at the end the following new item :“Special Counsel of the Office of Special Counsel.”; and

(B)

added in section 5315, by striking “Special Counsel of the Merit Systems Protection Board.”

(2)

added Application— The rate of pay applied under the amendments made by paragraph (1) shall begin to apply on the first day of the first pay period beginning after date of enactment of this Act.

Sec. 5702 Minimum wage for Federal contractors

added

added Executive Order 14026 and its implementing regulations in part 23 of title 29, Code of Federal Regulations, are hereby enacted into law, except that nothing in this section shall be construed to prohibit any Federal department or agency from requiring any Federal contract entered into on or after the date of enactment of this section to include a clause requiring that workers employed in the performance of such contract or any covered subcontract (as defined in such regulations) be paid at a minimum wage that exceeds the minimum wage in effect pursuant to such executive order and regulations.

Sec. 5703 Federal wildland firefighter recruitment and retention

added

(a)

added Recruitment and retention bonus— In order to promote the recruitment and retention of Federal wildland firefighters, the Director of the Office of Personnel Management, in coordination with the Secretary of Agriculture and the Secretary of the Interior, shall establish a program under which a recruitment or retention bonus of not less than $1,000 may be paid to a Federal wildland firefighter in an amount as determined appropriate by the Director of the Office of Personnel Management and the Secretary of Agriculture and the Secretary of the Interior. The minimum amount of such bonus in the previous sentence shall be increased each year by the Consumer Price Index in the manner prescribed under subsection (b)(2). Any bonus under this subsection—

(1)

added shall be paid to any primary or secondary Federal wildland firefighter upon the date that such firefighter successfully completes a work capacity test; and

(2)

added may not be paid to any such firefighter more than once per calendar year.

(b)

added Federal wildland firefighter— In this section, the term “Federal wildland firefighter” means any temporary, seasonal, or permanent position at the Department of Agriculture or the Department of the Interior that maintains group, emergency incident management, or fire qualifications, as established annually by the Standards for Wildland Fire Position Qualifications published by the National Wildfire Coordinating Group, and primarily engages in or supports wildland fire management activities, including forestry and rangeland technicians and positions concerning aviation, engineering heavy equipment operations, or fire and fuels management.

Sec. 5801 Afghan Allies Protection

added

added Clause (ii) of section 602(b)(2)(A) of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note) is amended in the matter preceding subclause (I), by striking “year—” and inserting the following: “year, or in the case of an alien who was wounded or seriously injured in connection with employment described in this subparagraph, for the period until such wound or injury occurred, if the wound or injury prevented the alien from continuing employment—”.

Sec. 5802 Advancing Mutual Interests and Growing Our Success

added

(a)

added Nonimmigrant traders and investors— For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals of the United States.

(b)

added Modification of eligibility criteria for E visas— Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended—

(1)

added by inserting “(or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph)” before “, and the spouse”; and

(2)

added by striking “him” and inserting “such alien”; and

(3)

added by striking “he” each place such term appears and inserting “the alien”.

Sec. 5803 Expansion of study of PFAS contamination

added

(a)

added CDC study on health implications of per- and polyfluoroalkyl substances contamination in drinking water— The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall—

(1)

added expand (by including more military installations, communities, or other sites) the study authorized by section 316 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) on the human health implications of per- and polyfluoroalkyl substances (in this section referred to as “PFAS”) contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways, including the cumulative human health implications of multiple types of PFAS contamination at levels above and below health advisory levels to assess health effects at additional military installations;

(2)

added not later than 1 year after the date of the enactment of this Act, and annually thereafter until submission of the report under paragraph (3)(B), submit to the appropriate congressional committees a report on the progress of such expanded study; and

(3)

added not later than 5 years after the date of enactment of this Act (or 7 years after such date of enactment after providing notice to the appropriate congressional committees of the need for the delay)—

(A)

added complete the expanded study and make any appropriate recommendations; and

(B)

added submit a report to the appropriate congressional committees on the results of such expanded study.

(b)

added Exposure assessment—

(1)

added In general— The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and the Director of the Agency for Toxic Substances and Disease Registry, and, as appropriate, the Director of the National Institute of Environmental Health Sciences, and in consultation with the Secretary of Defense, shall conduct an exposure assessment of not less than 10 current or former domestic military installations which were not included in the study authorized by section 316(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) and which are known to have PFAS contamination in drinking water, ground water, and any other sources of water and relevant exposure pathways.

(2)

added Contents— The exposure assessment required under this subsection shall—

(A)

added include—

(i)

added for each military installation covered under the exposure assessment, a statistical sample to be determined by the Secretary of Health and Human Services in consultation with the relevant State health departments; and

(ii)

added biomonitoring for assessing the contamination described in paragraph (1); and

(B)

added produce findings, which shall be—

(i)

added used to help design the study described in subsection (a)(1); and

(ii)

added not later than 1 year after the conclusion of such exposure assessment, released to the appropriate congressional committees.

(3)

added Timing— The exposure assessment required under this subsection shall—

(A)

added begin not later than 180 days after the date of enactment of this Act; and

(B)

added conclude not later than 2 years after such date of enactment.

(c)

added Coordination with other agencies— The Director of the Agency for Toxic Substances and Disease Registry may, as necessary, use staff and other resources from other Federal agencies in carrying out the study under subsection (a) and the assessment under subsection (b).

(d)

added No effect on regulatory process— The study under subsection (a) and assessment under subsection (b) shall not interfere with any regulatory processes of the Environmental Protection Agency, including determinations of maximum contaminant levels.

(e)

added Definition— In this section, the term appropriate congressional committees means—

(1)

added the congressional defense committees;

(2)

added the Committee on Heath, Education, Labor, and Pensions, the Committee on Environment and Public Works, and the Committee on Veterans’ Affairs of the Senate; and

(3)

added the Committee on Energy and Commerce and the Committee on Veterans’ Affairs of the House of Representatives.

(f)

added Funding—

(1)

added Source of funds— The study under subsection (a) and assessment under subsection (b) may be paid for using funds authorized to be appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”.

(2)

added Transfer authority— Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 a year during each of fiscal years 2023 and 2024 to the Secretary of Health and Human Services to pay for the study under subsection (a) and assessment under subsection (b).

(3)

added Expenditure authority— Amounts transferred to the Secretary of Health and Human Services shall be used to carry out the study under subsection (a) and assessment under subsection (b) through contracts, cooperative agreements, or grants. In addition, such funds may be transferred by the Secretary of Health and Human Services to other accounts of the Department of Health and Human Services for the purposes of carrying out this section.

(4)

added Relationship to other transfer authorities— The transfer authority provided under this subsection is in addition to any other transfer authority available to the Department of Defense or the Department of Health and Human Services.

Sec. 5804 National research and development strategy for distributed ledger technology

added

(a)

added Definitions— In this section:

(1)

added Director— Except as otherwise expressly provided, the term Director means the Director of the Office of Science and Technology Policy.

(2)

added Distributed ledger— The term distributed ledger means a ledger that—

(A)

added is shared across a set of distributed nodes, which are devices or processes, that participate in a network and store a complete or partial replica of the ledger;

(B)

added is synchronized between the nodes;

(C)

added has data appended to it by following the ledger’s specified consensus mechanism;

(D)

added may be accessible to anyone (public) or restricted to a subset of participants (private); and

(E)

added may require participants to have authorization to perform certain actions (permissioned) or require no authorization (permissionless).

(3)

added Distributed ledger technology— The term distributed ledger technology means technology that enables the operation and use of distributed ledgers.

(4)

added Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(5)

added Relevant congressional committees— The term relevant congressional committees means—

(A)

added the Committee on Commerce, Science, and Transportation of the Senate; and

(B)

added the Committee on Science, Space, and Technology of the House of Representatives.

(6)

added Smart contract— The term smart contract means a computer program stored in a distributed ledger system that is executed when certain predefined conditions are satisfied and wherein the outcome of any execution of the program may be recorded on the distributed ledger.

(b)

added National distributed ledger technology R&D strategy—

(1)

added In general— The Director, or a designee of the Director, shall, in coordination with the National Science and Technology Council, and the heads of such other relevant Federal agencies and entities as the Director considers appropriate, which may include the National Academies, and in consultation with such nongovernmental entities as the Director considers appropriate, develop a national strategy for the research and development of distributed ledger technologies and their applications, including applications of public and permissionless distributed ledgers. In developing the national strategy, the Director shall consider the following:

(A)

added Current efforts and coordination by Federal agencies to invest in the research and development of distributed ledger technologies and their applications, including through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and the National Science Foundation's Innovation Corps programs.

(B)

added

(i)

added The potential benefits and risks of applications of distributed ledger technologies across different industry sectors, including their potential to—

(I)

added lower transactions costs and facilitate new types of commercial transactions;

(II)

added protect privacy and increase individuals’ data sovereignty;

(III)

added reduce friction to the interoperability of digital systems;

(IV)

added increase the accessibility, auditability, security, efficiency, and transparency of digital services;

(V)

added increase market competition in the provision of digital services;

(VI)

added enable dynamic contracting and contract execution through smart contracts;

(VII)

added enable participants to collaborate in trustless and disintermediated environments;

(VIII)

added enable the operations and governance of distributed organizations;

(IX)

added create new ownership models for digital items; and

(X)

added increase participation of populations historically underrepresented in the technology, business, and financial sectors.

(ii)

added In consideration of the potential risks of applications of distributed ledger technologies under clause (i), the Director shall take into account, where applicable—

(I)

added additional risks that may emerge from distributed ledger technologies, as identified in reports submitted to the President pursuant to Executive Order 14067, that may be addressed by research and development;

(II)

added software vulnerabilities in distributed ledger technologies and smart contracts;

(III)

added limited consumer literacy on engaging with applications of distributed ledger technologies in a secure way;

(IV)

added the use of distributed ledger technologies in illicit finance and their use in combating illicit finance;

(V)

added manipulative, deceptive, and fraudulent practices that harm consumers engaging with applications of distributed ledger technologies;

(VI)

added the implications of different consensus mechanisms for digital ledgers and governance and accountability mechanisms for applications of distributed ledger technologies, which may include decentralized networks;

(VII)

added foreign activities in the development and deployment of distributed ledger technologies and their associated tools and infrastructure; and

(VIII)

added environmental, sustainability, and economic impacts of the computational resources required for distributed ledger technologies.

(C)

added Potential uses for distributed ledger technologies that could improve the operations and delivery of services by Federal agencies, taking into account the potential of digital ledger technologies to—

(i)

added improve the efficiency and effectiveness of privacy-preserving data sharing among Federal agencies and with State, local, territorial, and Tribal governments;

(ii)

added promote government transparency by improving data sharing with the public;

(iii)

added introduce or mitigate risks that may threaten individuals’ rights or broad access to Federal services;

(iv)

added automate and modernize processes for assessing and ensuring regulatory compliance; and

(v)

added facilitate broad access to financial services for underserved and underbanked populations.

(D)

added Ways to support public and private sector dialogue on areas of research that could enhance the efficiency, scalability, interoperability, security, and privacy of applications using distributed ledger technologies.

(E)

added The need for increased coordination of the public and private sectors on the development of voluntary standards in order to promote research and development, including standards regarding security, smart contracts, cryptographic protocols, virtual routing and forwarding, interoperability, zero-knowledge proofs, and privacy, for distributed ledger technologies and their applications.

(F)

added Applications of distributed ledger technologies that could positively benefit society but that receive relatively little private sector investment.

(G)

added The United States position in global leadership and competitiveness across research, development, and deployment of distributed ledger technologies.

(2)

added Consultation—

(A)

added In general— In carrying out the Director's duties under this subsection, the Director shall consult with the following:

(i)

added Private industry.

(ii)

added Institutions of higher education, including minority-serving institutions.

(iii)

added Nonprofit organizations, including foundations dedicated to supporting distributed ledger technologies and their applications.

(iv)

added State governments.

(v)

added Such other persons as the Director considers appropriate.

(B)

added Representation— The Director shall ensure consultations with the following:

(i)

added Rural and urban stakeholders from across the Nation.

(ii)

added Small, medium, and large businesses.

(iii)

added Subject matter experts representing multiple industrial sectors.

(iv)

added A demographically diverse set of stakeholders.

(3)

added Coordination— In carrying out this subsection, the Director shall, for purposes of avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies, including the interagency process outlined in section 3 of Executive Order 14067 (87 Fed. Reg. 14143; relating ensuring responsible development of digital assets).

(4)

added National strategy— Not later than 1 year after the date of enactment of this Act, the Director shall submit to the relevant congressional committees and the President a national strategy that includes the following:

(A)

added Priorities for the research and development of distributed ledger technologies and their applications.

(B)

added Plans to support public and private sector investment and partnerships in research and technology development for societally beneficial applications of distributed ledger technologies.

(C)

added Plans to mitigate the risks of distributed ledger technologies and their applications.

(D)

added An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy.

(5)

added Research and development funding— The Director shall, as the Director considers necessary, consult with the Director of the Office of Management and Budget and with the heads of such other elements of the Executive Office of the President as the Director considers appropriate, to ensure that the recommendations and priorities with respect to research and development funding, as expressed in the national strategy developed under this subsection, are incorporated in the development of annual budget requests for Federal research agencies.

(c)

added Distributed ledger technology research—

(1)

added In general— The Director of the National Science Foundation shall make awards, on a competitive basis, to institutions of higher education, including minority-serving institutions, or nonprofit organizations (or consortia of such institutions or organizations) to support research, including interdisciplinary research, on distributed ledger technologies, their applications, and other issues that impact or are caused by distributed ledger technologies, which may include research on—

(A)

added the implications on trust, transparency, privacy, accessibility, accountability, and energy consumption of different consensus mechanisms and hardware choices, and approaches for addressing these implications;

(B)

added approaches for improving the security, privacy, resiliency, interoperability, performance, and scalability of distributed ledger technologies and their applications, which may include decentralized networks;

(C)

added approaches for identifying and addressing vulnerabilities and improving the performance and expressive power of smart contracts;

(D)

added the implications of quantum computing on applications of distributed ledger technologies, including long-term protection of sensitive information (such as medical or digital property), and techniques to address them;

(E)

added game theory, mechanism design, and economics underpinning and facilitating the operations and governance of decentralized networks enabled by distributed ledger technologies;

(F)

added the social behaviors of participants in decentralized networks enabled by distributed ledger technologies;

(G)

added human-centric design approaches to make distributed ledger technologies and their applications more usable and accessible;

(H)

added use cases for distributed ledger technologies across various industry sectors and government, including applications pertaining to—

(i)

added digital identity, including trusted identity and identity management;

(ii)

added digital property rights;

(iii)

added delivery of public services;

(iv)

added supply chain transparency;

(v)

added medical information management;

(vi)

added inclusive financial services;

(vii)

added community governance;

(viii)

added charitable giving;

(ix)

added public goods funding;

(x)

added digital credentials;

(xi)

added regulatory compliance;

(xii)

added infrastructure resilience, including against natural disasters; and

(xiii)

added peer-to-peer transactions; and

(I)

added the social, behavioral, and economic implications associated with the growth of applications of distributed ledger technologies, including decentralization in business, financial, and economic systems.

(2)

added Accelerating innovation— The Director of the National Science Foundation shall consider continuing to support startups that are in need of funding, would develop in and contribute to the economy of the United States, leverage distributed ledger technologies, have the potential to positively benefit society, and have the potential for commercial viability, through programs like the Small Business Innovation Research program, the Small Business Technology Transfer program, and, as appropriate, other programs that promote broad and diverse participation.

(3)

added Consideration of national distributed ledger technology research and development strategy— In making awards under paragraph (1), the Director of the National Science Foundation shall take into account the national strategy, as described in subsection (b)(4).

(4)

added Fundamental research— The Director of the National Science Foundation shall consider continuing to make awards supporting fundamental research in areas related to distributed ledger technologies and their applications, such as applied cryptography and distributed systems.

(d)

added Distributed ledger technology applied research project—

(1)

added Applied research project— Subject to the availability of appropriations, the Director of the National Institute of Standards and Technology, may carry out an applied research project to study and demonstrate the potential benefits and unique capabilities of distributed ledger technologies.

(2)

added Activities— In carrying out the applied research project, the Director of the National Institute of Standards and Technology shall—

(A)

added identify potential applications of distributed ledger technologies, including those that could benefit activities at the Department of Commerce or at other Federal agencies, considering applications that could—

(i)

added improve the privacy and interoperability of digital identity and access management solutions;

(ii)

added increase the integrity and transparency of supply chains through the secure and limited sharing of relevant supplier information;

(iii)

added facilitate increased interoperability across healthcare information systems and consumer control over the movement of their medical data;

(iv)

added facilitate broader participation in distributed ledger technologies of populations historically underrepresented in technology, business, and financial sectors; or

(v)

added be of benefit to the public or private sectors, as determined by the Director in consultation with relevant stakeholders;

(B)

added solicit and provide the opportunity for public comment relevant to potential projects;

(C)

added consider, in the selection of a project, whether the project addresses a pressing need not already addressed by another organization or Federal agency;

(D)

added establish plans to mitigate potential risks, including those outlined in subsection (b)(1)(B)(ii), if applicable, of potential projects;

(E)

added produce an example solution leveraging distributed ledger technologies for 1 of the applications identified in subparagraph (A);

(F)

added hold a competitive process to select private sector partners, if they are engaged, to support the implementation of the example solution;

(G)

added consider hosting the project at the National Cybersecurity Center of Excellence; and

(H)

added ensure that cybersecurity best practices consistent with the Cybersecurity Framework of the National Institute of Standards and Technology are demonstrated in the project.

(3)

added Briefings to Congress— Not later than 1 year after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall offer a briefing to the relevant congressional committees on the progress and current findings from the project under this subsection.

(4)

added Public report— Not later than 12 months after the completion of the project under this subsection, the Director of the National Institute of Standards and Technology shall make public a report on the results and findings from the project.

Sec. 5805 Commercial air waiver for next of kin regarding transportation of remains of casualties

added

added 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:

added “(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 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 the United States.”

H.R. 7900 — what changed