“(f)
(1)
(A) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Navy may not—
“(i) retire an EA–18G aircraft;
“(ii) reduce funding for unit personnel or weapon system sustainment activities for EA–18G aircraft in a manner that presumes future congressional authority to divest such aircraft;
“(iii) place an EA–18G aircraft in active storage status or inactive storage status; or
“(iv) keep an EA–18G aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions.
“(B) The prohibition under subparagraph (A) shall not apply to individual EA–18G aircraft that the Secretary of the Navy determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents or mishaps.
“(2)
(A) The Secretary of the Navy shall maintain a total aircraft inventory of EA–18G aircraft of not less than 158 aircraft, of which not less than 126 aircraft shall be coded as primary mission aircraft inventory.
“(B) The Secretary of the Navy may reduce the number of EA–18G aircraft in the inventory of the Navy below the minimum number specified in subparagraph (A) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer mission capable and uneconomical to repair because of aircraft accidents or mishaps.
“(C) In this paragraph, the term ‘primary mission aircraft inventory’ means aircraft assigned to meet the primary aircraft authorization—
“(i) to a unit for the performance of its wartime mission;
“(ii) to a training unit for technical and specialized training for crew personnel or leading to aircrew qualification;
“(iii) to a test unit for testing of the aircraft or its components for purposes of research, development, test, and evaluation, operational test and evaluation, or to support testing programs; or
“(iv) to meet requirements for missions not otherwise specified in clauses (i) through (iii).”
“SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL INCENTIVE.
“(a) Requirement.—
“(1) In general.—The Secretary of the Navy shall include in any solicitation for a covered contract a special incentive for workforce development that funds one or more workforce development activities described in subsection (c).
“(2) Amount of special incentive.—The amount of a special incentive required under subsection (a)(1) shall be equal to not less than one quarter of one percent and not more than one percent of the estimated cost of the covered contract.
“(3) Waiver.—
“(A) In general.—The Secretary of the Navy may waive one or more of the requirements of this section if the Secretary determines—
“(i) unreasonable cost or delay would be incurred by complying with such requirements;
“(ii) existing workforce development initiatives are sufficient to meet workforce needs;
“(iii) there are minimal workforce development issues to be addressed; or
“(iv) it is not in the national security interests of the United States to comply with such requirements.
“(B) Notice to congress.—Not less than 30 days prior to issuing a waiver under subparagraph (A), the Secretary of the Navy shall submit to the congressional defense committees written notice of the intent of the Secretary to issue such a waiver. Such notice shall specify the basis for such waiver and include a detailed explanation of the reasons for issuing the waiver.
“(b) Matching Contribution Requirement.—
“(1) In general.—Funds for a special incentive for workforce development required under subsection (a)(1) may be expended only—
“(A) on or after the date on which the service acquisition executive of the Navy receives a written commitment from one or more entities described in paragraph (2) of separate and distinct cumulative monetary contributions to be made on or after the date of such commitment for workforce development; and
“(B) in an amount that is equal to the aggregate amount of all monetary contributions from entities that made commitments under subparagraph (A) not to exceed the amount of funding made available for the special incentive under subsection (a)(2).
“(2) Entities described.—The entities described in this paragraph are the following:
“(A) The prime contractor that was awarded a covered contract.
“(B) A qualified subcontractor.
“(C) A State government or other State entity.
“(D) A county government or other county entity.
“(E) A local government or other local entity.
“(F) An industry association, organization, or consortium that directly supports workforce development.
“(3) Special rule.—In a case in which the aggregate amount of all monetary contributions from entities that made commitments under paragraph (1)(A) is less than the minimum amount specified for the special incentive under subsection (a)(2), funds for the special incentive may be expended in an amount equal to such lesser amount.
“(c) Authorized Activities.—
“(1) In general.—Funds for a special incentive for workforce development required under subsection (a)(1) may be obligated or expended only to provide for the activities described in paragraph (2) in support of the production and production support workforce of the prime contractor concerned or a qualified subcontractor concerned.
“(2) Activities described.—The activities described in this paragraph are the following:
“(A) The creation of short- and long-term workforce housing, transportation, and other support services to facilitate attraction, relocation, and retention of workers.
“(B) The expansion of local talent pipeline programs for both new and existing workers.
“(C) Investments in long-term outreach in middle school and high school programs, specifically career and technical education programs, to promote and develop manufacturing skills.
“(D) The development or modification of facilities for the primary purpose of workforce development.
“(E) Payment of direct costs attributable to workforce development.
“(F) Attraction and retention bonus programs.
“(G) On-the-job training to develop key manufacturing skills.
“(d) Approval Requirement.—The service acquisition executive of the Navy shall—
“(1) provide the final approval of the use of funds for a special incentive for workforce development required under subsection (a)(1); and
“(2) not later than 30 days after the date on which such approval is provided, certify to the congressional defense committees compliance with the requirements of subsections (b) and (c), including—
“(A) a detailed explanation of such compliance; and
“(B) the associated benefits to—
“(i) the Federal Government; and
“(ii) the shipbuilding industrial base of the Navy.
“(e) Definitions.—In this section:
“(1) The term ‘covered contract’ means a prime contract for the construction of a naval vessel funded using amounts appropriated or otherwise made available for Shipbuilding and Conversion, Navy.
“(2) The term ‘qualified subcontractor’ means a subcontractor that will deliver the vessel or vessels awarded under a covered contract to the Navy.”
“8696. Navy shipbuilding workforce development special incentive.”.
“(k)
(1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Air Force may not—
“(A) retire an F–22 aircraft;
“(B) reduce funding for unit personnel or weapon system sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft;
“(C) keep an F–22 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as ‘XJ’ status); or
“(D) decrease the total aircraft inventory of F–22 aircraft below 184 aircraft.
“(2) The prohibition under paragraph (1) shall not apply to individual F–22 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.”
“(F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations.”
“(a) Establishment of Data Repositories.—The Secretary of Defense, acting through the official designated under subsection (b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) (and such other officials as the Secretary determines appropriate), shall—
“(1) establish data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and
“(2) allow appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the Secretary, be procured by the Department to satisfy Department requirements and technology development goals.”
“(c) Briefing.—Not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
“(1) the types of information the Secretary determines are feasible and advisable to include in the data repositories established under subsection (a); and
“(2) the progress of the Secretary in establishing such data repositories.”
“(c) Organization and Roles.—
“(1) In general.—In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies.
“(2) Appropriate officials.—The officials assigned roles and responsibilities under paragraph (1) shall include—
“(A) the Under Secretary of Defense for Research and Engineering;
“(B) the Under Secretary of Defense for Acquisition and Sustainment;
“(C) one or more officials in each military department;
“(D) officials of appropriate Defense Agencies; and
“(E) such other officials as the Secretary of Defense determines appropriate.”
“(10) Office of the under secretary of defense for research and engineering.—The Under Secretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office of the Under Secretary.”
; and
“(J) in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;”
“(e) Designation of Other Executive Agents.—Notwithstanding the requirements of this section or section 1792 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531 note), the Secretary of Defense may designate one or more Executive Agents within the Department of Defense (other than the Executive Agent described in subsection (a)) to implement Defense Production Act transactions entered into under the authority of sections 4021, 4022, and 4023 of title 10, United States Code.”
Ҥ 182a. Center for Excellence in Environmental Security
“(a) Establishment.—The Secretary of Defense may operate a Center for Excellence in Environmental Security (in this section referred to as the ‘Center’).
“(b) Missions.—
(1) The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international assistance and operations that require coordination between the Department of Defense and other Federal agencies.
“(2) The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters:
“(A) Management of the consequences of environmental insecurity with respect to—
“(i) access to water, food, and energy;
“(ii) related health matters; and
“(iii) matters relating to when, how, and why environmental stresses to human safety, health, water, energy, and food will cascade to economic, social, political, or national security events.
“(B) Appropriate roles for the reserve components in response to environmental insecurity resulting from natural disasters.
“(C) Meeting requirements for information in connection with regional and global disasters, including through the use of advanced communications technology as a virtual library.
“(3) The Center shall perform such other missions as the Secretary of Defense may specify.
“(4) To assist the Center in carrying out the missions under this subsection, upon request of the Center, the head of any Federal agency may grant to the Center access to the data, archives, and other physical resources (including facilities) of that agency, and may detail any personnel of that agency to the Center, for the purpose of enabling the development of global environmental indicators.
“(c) Joint Operation With Educational Institution Authorized.—The Secretary of Defense may enter into an agreement with appropriate officials of an institution of higher education to provide for the operation of the Center. Any such agreement shall provide for the institution to furnish necessary administrative services for the Center, including by directly providing such services or providing the funds for such services.
“(d) Acceptance of Donations.—
(1) Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, donations to be used to defray the costs of the Center or to enhance the operation of the Center. Such donations may be accepted from any agency of the Federal Government, any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country.
“(2) The Secretary may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise—
“(A) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces, to carry out any responsibility or duty of the Department or the armed forces in a fair and objective manner; or
“(B) the integrity of any program of the Department of Defense or of any person involved in such a program.
“(3) The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a foreign donation under paragraph (1) would have a result described in paragraph (2).
“(4) Funds accepted by the Secretary under paragraph (1) as a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.”
Ҥ 2694d. Participation in pollutant banks and water quality trading
“(a) Authority to Participate.—The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
“(b) Treatment of Payments.—Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
“(c) Discharge of Pollutants Defined.—In this section, the term ‘discharge of pollutants’ has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the ‘Clean Water Act’).”
“2694d. Participation in pollutant banks and water quality trading.”.
“(4) The term ‘State-owned National Guard facility’ includes land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.”
“(D) Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.”
“(a) Report Required.—Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.
“(b) Elements.—Each report under subsection (a) shall include, for the year covered by the report, the following:
“(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—
“(A) the total number of sites at which such program was carried out;
“(B) the progress of remediation for sites that have not yet completed cleanup;
“(C) the remaining cost to complete cleanup of known sites; and
“(D) an assessment by the Secretary of Defense of the overall progress of such program.
“(2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department.
“(3) An assessment by the Secretary of achievements for environmental compliance by the Department.
“(4) An assessment by the Secretary of achievements for climate resiliency by the Department.
“(5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.
“(c) Consolidation.—The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience.”
“(a) Report Required.—Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations.
“(b) Elements.—Each report under subsection (a) shall include the following:
“(1) For the year covered by the report, the following:
“(A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 (Public Law 110–140).
“(B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in subparagraph (A).
“(C) A description of and progress toward the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section 2911 of this title and requirements under section 2688(g) of this title.
“(D) An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiatives and technology investments related to operational energy demand and management.
“(E) Details of the amounts of any funds transferred by the Secretary of Defense pursuant to section 2912 of this title, including a detailed description of the purpose for which such amounts have been used.
“(2) Statistical information on operational energy demands of the Department, in terms of expenditures and consumption, for the preceding five fiscal years, including information on funding made available in regular defense appropriations Acts and any supplemental appropriations Acts.
“(3) A description of each initiative related to the operational energy strategy of the Department and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.
“(4) Such recommendations as the Secretary considers appropriate for additional changes in organization or authority within the Department to enable further implementation of the energy strategy and such other comments and recommendations as the Secretary considers appropriate.
“(c) Classified Form.—If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report.
“(d) Consolidation.—The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.”
“2925. Annual report on energy performance, resilience, and readiness of Department of Defense.”.
“(j) Aggregate Energy Conservation Measures and Funding.—
(1) To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period.
“(2) In considering aggregate energy conservation measures under paragraph (1), the Secretary concerned shall incorporate all funding available to such Secretary for such measures, including—
“(A) appropriated funds, such as—
“(i) funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and
“(ii) funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and
“(B) funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts.”
“(14) The reliability and security of energy resources in the event of a military conflict.
“(15) The value of resourcing energy from partners and allies of the United States.”
“(d) Requirement.—Except as provided in subsection (e), beginning on October 1, 2035, each covered nontactical vehicle purchased or leased by or for the use of the Department of Defense shall be—
“(1) an electric or zero emission vehicle that uses a charging connector type (or other means to transmit electricity to the vehicle) that meets applicable industry accepted standards for interoperability and safety;
“(2) an advanced-biofuel-powered vehicle; or
“(3) a hydrogen-powered vehicle.
“(e) Relation to Other Vehicle Technologies That Reduce Consumption of Fossil Fuels.—Notwithstanding the requirement under subsection (d), beginning on October 1, 2035, the Secretary of Defense may authorize the purchase or lease of a covered nontactical vehicle that is not described in such subsection if the Secretary determines, on a case-by-case basis, that—
“(1) the technology used in the vehicle to be purchased or leased reduces the consumption of fossil fuels compared to vehicles that use conventional internal combustion technology;
“(2) the purchase or lease of such vehicle is consistent with the energy performance goals and plan of the Department of Defense required by section 2911 of this title; and
“(3) the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.
“(f) Waiver.—
(1) The Secretary of Defense may waive the requirement under subsection (d).
“(2) The Secretary of Defense may not delegate the waiver authority under paragraph (1).
“(g) Definitions.—In this section:
“(1) The term ‘advanced-biofuel-powered vehicle’ includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
“(2) The term ‘covered nontactical vehicle’ means any vehicle—
“(A) that is not a tactical vehicle designed for use in combat; and
“(B) that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2035.
“(3) The term ‘hydrogen-powered vehicle’ means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.”
“2922g. Preference for motor vehicles using electric or hybrid propulsion systems; purchase or lease of certain electric and other vehicles.”.
“(D) Biogas.”
; and
“(7) The term ‘biomass’ has the meaning given the term ‘renewable biomass’ in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).
“(8) The term ‘biogas’ means biogas as such term is used in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).”
Ҥ 2928. Programs on reduction of fuel reliance and promotion of energy-aware behaviors
“(a) Establishment.—Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department.
“(b) Goals.—The goals of the programs established under subsection (a) shall be as follows:
“(1) To increase operational energy resiliency.
“(2) To decrease energy-related strategic vulnerabilities and enhance military readiness.
“(3) To integrate sustainability features for new and existing military installations and other facilities of the Department.
“(c) Minimum Required Elements.—Under the program of a military department under subsection (a), the Secretary of the military department shall carry out, with respect to the military department, and at a minimum, the following:
“(1) The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify operational inefficiencies and enable data-driven decision making with respect to fuel logistics and the reduction of fuel consumption.
“(2) The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through—
“(A) the incorporation of energy conservation and resiliency principles into training curricula and other training materials of the military department, including by updating such materials to include information on the effect of energy-aware behaviors on improving readiness and combat capability; and
“(B) the review of standard operating procedures, and other operational manuals and procedures, of the military department, to identify procedures that increase fuel consumption with no operational benefit.
“(3) The integration of operational energy factors into the wargaming of the military department and related training activities that involve the modeling of scenarios, in accordance with subsection (d), to provide to participants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics.
“(4) The implementation of data-driven procedures, operations planning, and logistics, to optimize cargo transport and refueling operations within the military department.
“(d) Wargaming Elements.—In integrating operational energy factors into the wargaming and related training activities of a military department under subsection (c)(3), the Secretary of the military department shall seek to ensure that the planning, design, and execution of such activities include—
“(1) coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the modeling of energy demand and network risk during such activities are accurate, taking into account potential shortfalls and the direct and indirect effects of the efforts of foreign adversaries to target fuel supply chains; and
“(2) a focus on improving integrated life-cycle management processes and fuel supply logistics.”
“(e) Establishment of Joint Working Group to Determine Joint Requirements for Future Operational Energy Needs of Department of Defense.—
“(1) Establishment.—The Secretary of Defense shall establish a joint working group (in this subsection referred to as the ‘working group’) to determine joint requirements for future operational energy needs of the Department of Defense.
“(2) Executive agent.—The Secretary of the Air Force shall serve as the executive agent of the working group.
“(3) Requirements specified.—
“(A) In general.—In determining joint requirements under paragraph (1), the working group shall address the operational energy needs of each military department and combatant command to meet energy needs in all domains of warfare, including land, air, sea, space, cyberspace, subsea, and subterranean environments.
“(B) Priority for certain systems.—Priority for joint requirements under paragraph (1) shall be given to independent operational energy systems that—
“(i) are capable of operating in austere and isolated environments with quick deployment capabilities; and
“(ii) may reduce conventional air pollution and greenhouse gas emissions comparable to systems already in use.
“(4) Existing or new programs.—The working group shall address the feasibility of meeting joint requirements determined under paragraph (1) through the existing energy programs of the Department and make recommendations for new programs to meet such requirements.
“(5) Focus areas.—In carrying out the requirements under this subsection, the working group shall focus the efforts of the working group on operational energy, including—
“(A) micro-reactors and small modular reactors;
“(B) hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines;
“(C) battery storage;
“(D) renewable energy sources;
“(E) retrofits to existing platforms that shall increase efficiencies; and
“(F) other technologies and resources that meet joint requirements determined under paragraph (1).
“(6) Recommended plan of action.—
“(A) In general.—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to the congressional defense committees a report, and provide to the congressional defense committees a classified briefing, outlining recommendations for programs to meet joint requirements for future operational energy needs of the Department of Defense by 2025, 2030, and 2040.
“(B) Focus on readiness and flexibility.—In submitting the report and providing the briefing under subparagraph (A), the Secretary shall—
“(i) address each element of the report or briefing, as the case may be, in the context of maintaining or increasing the readiness levels of the Armed Forces and the flexibility of operational elements within the Department; and
“(ii) disregard energy sources that do not increase such readiness and flexibility, with an explanation for the reason such sources were disregarded.
“(C) Form.—The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
“(7) Definitions.—In this subsection:
“(A) The term ‘advanced nuclear reactor’ has the meaning given that term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
“(B) The term ‘micro-reactor’ means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts that can be transported via land, air, or sea transport and can be redeployed.
“(C) The term ‘small modular reactor’ means an advanced nuclear reactor—
“(i) with a rated capacity of less than 300 electrical megawatts; or
“(ii) that can be constructed and operated in combination with similar reactors at a single site.”
“(3) a calculation of the annual costs to the Department for—
“(A) assistance that is—
“(i) provided to the Federal Emergency Management Agency or any Federal land management agency (as such term is defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)) pursuant to a request for such assistance and in consultation with the National Interagency Fire Center; or
“(ii) provided under title 10 or title 32, United States Code, to any State, territory, or possession of the United States, regarding extreme weather; and
“(B) resourcing required to support—
“(i) wildfire response, recovery, or restoration efforts occurring within military installations or other facilities of the Department; or
“(ii) any Federal agency other than the Department (including the Federal Emergency Management Agency and the National Interagency Fire Center) with respect to wildfire response, recovery, or restoration efforts, where such resourcing is not reimbursed.”
“(5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances.
“(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.”
“(iii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 during fiscal year 2023 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.”
“(1) A non-PFAS-containing”
; and
“(2) Covered personal protective firefighting equipment that does not contain an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.”
; and
“(f) Definitions.—In this section:
“(1) The term ‘perfluoroalkyl substance’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
“(2) The term ‘polyfluoroalkyl substance’ means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom.
“(3) The term ‘covered personal protective firefighting equipment” means the following:
“(A) Turnout gear jacket or coat.
“(B) Turnout gear pants.
“(C) Turnout coveralls.
“(D) Any other personal protective firefighting equipment, as determined by the Secretary of Defense, in consultation with the Administrator of the United States Fire Administration.”
“(e) Funding Estimates.—Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness objectives required by subsection (c) through the period covered by the most recent future-years defense program. At a minimum, the Director shall provide, for each major weapon system, by designated mission design series, variant, or class, a comprehensive estimate of the funds necessary to meet such objectives that—
“(1) have been obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year;
“(2) the Director estimates will have been obligated by subactivity group within the operation and maintenance accounts by the end of the fiscal year preceding the budget year; and
“(3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.”
“(d) Annual Plan for Maintenance and Modernization of Naval Vessels.—In addition to the plan included under subsection (a)(1), the Secretary of Defense shall include with the defense budget materials for a fiscal year each of the following:
“(1) A plan for the maintenance and modernization of naval vessels that includes the following:
“(A) A forecast of the maintenance and modernization requirements for both the naval vessels in the inventory of the Navy and the vessels required to be delivered under the naval vessel construction plan under subsection (a)(1).
“(B) A description of the initiatives of the Secretary of the Navy to ensure that activities key to facilitating the maintenance and modernization of naval vessels (including with respect to increasing workforce and industrial base capability and capacity, shipyard level-loading, and facility improvements) receive sufficient resourcing, and are including in appropriate planning, to facilitate the requirements specified in subparagraph (A).
“(2) A certification by the Secretary that both the budget for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section 221 of this title provide for funding for the maintenance and modernization of naval vessels at a level that is sufficient for such maintenance and modernization in accordance with the plan under paragraph (1).”
; and
“231. Budgeting for construction, maintenance, and modernization of naval vessels: annual plan and certification.”.
“(11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) prepared by the Joint Staff Surgeon, with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency.”
“(B) The dollar limitation under subparagraph (A) shall not apply with respect to advance billing for relief efforts following a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).”
Ҥ 239d. Budgeting for depot and ammunition production facility maintenance and repair: annual report
“(a) Annual Report.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall include with the defense budget materials for each fiscal year a report regarding the maintenance and repair of covered facilities.
“(b) Elements.—Each report required under subsection (a) shall include, at a minimum, the following (disaggregated by military department):
“(1) With respect to each of the three fiscal years preceding the fiscal year covered by the defense budget materials with which the report is included, revenue data for that fiscal year for the maintenance, repair, and overhaul workload funded at all the depots of the military department.
“(2) With respect to the fiscal year covered by the defense budget materials with which the report is included and each of the two fiscal years prior, an identification of the following:
“(A) The amount of appropriations budgeted for that fiscal year for depots, further disaggregated by the type of appropriation.
“(B) The amount budgeted for that fiscal year for working-capital fund investments by the Secretary of the military department for the capital budgets of the covered depots of the military department, shown in total and further disaggregated by whether the investment relates to the efficiency of depot facilities, work environment, equipment, equipment (non-capital investment program), or processes.
“(C) The total amount required to be invested by the Secretary of the military department for that fiscal year for the capital budgets of covered depots pursuant to section 2476(a) of this title.
“(D) A comparison of the budgeted amount identified under subparagraph (B) with the total required amount identified under subparagraph (C).
“(E) For each covered depot of the military department, of the total required amount identified under subparagraph (C), the percentage of such amount allocated, or projected to be allocated, to the covered depot for that fiscal year.
“(3) For each covered facility of the military department, the following:
“(A) Information on the average facility condition, average critical facility condition, restoration and maintenance project backlog, and average equipment age, including a description of any changes in such metrics from previous years.
“(B) Information on the status of the implementation at the covered facility of the plans and strategies of the Department of Defense relating to covered facility improvement, including, as applicable, the implementation of the strategy required under section 359 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1323; 10 U.S.C. 2460 note).
“(c) Definitions.—In this section:
“(1) The term ‘ammunition production facility’ means an ammunition organic industrial base production facility.
“(2) The terms ‘budget’ and ‘defense budget materials’ have the meaning given those terms in section 234 of this title.
“(3) The term ‘covered depot’ has the meaning given that term in section 2476 of this title.
“(4) The term ‘covered facility’ means a covered depot or an ammunition production facility.”
Ҥ 2473. Annual five-year plans on improvement of depot infrastructure
“(a) Submission.—As part of the annual budget submission of the President under section 1105(a) of title 31, each Secretary of a military department shall submit to the congressional defense committees a plan describing the objectives of that Secretary to improve depot infrastructure during the five fiscal years following the fiscal year for which such budget is submitted.
“(b) Elements.—Each plan submitted by a Secretary of a military department under subsection (a) shall include the following:
“(1) With respect to the five-year period covered by the plan, an identification of the major lines of effort, milestones, and specific goals of the Secretary over such period relating to the improvement of depot infrastructure and a description of how such goals support the goals outlined in section 359(b)(1)(B) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1324; 10 U.S.C. 2476 note).
“(2) The estimated costs of necessary depot infrastructure improvements and a description of how such costs would be addressed by the Department of Defense budget request submitted during the same year as the plan and the applicable future-years defense program.
“(3) Information regarding the plan of the Secretary to initiate such environmental and engineering studies as may be necessary to carry out planned depot infrastructure improvements.
“(4) Detailed information regarding how depot infrastructure improvement projects will be paced and sequenced to ensure continuous operations.
“(c) Incorporation of Results-oriented Management Practices.—Each plan under subsection (a) shall incorporate the leading results-oriented management practices identified in the report of the Comptroller General of the United States titled ‘Actions Needed to Improve Poor Conditions of Facilities and Equipment that Affect Maintenance Timeliness and Efficiency’ (GAO–19–242), or any successor report, including—
“(1) analytically based goals;
“(2) results-oriented metrics;
“(3) the identification of required resources, risks, and stakeholders; and
“(4) regular reporting on progress to decision makers.”
“(2) Of the amount required to be invested in the capital budgets of the covered depots of a military department under paragraph (1) for each fiscal year—
“(A) 75 percent shall be used for the modernization or improvement of the efficiency of depot facilities, equipment, work environment, or processes in direct support of depot operations; and
“(B) 25 percent shall be used for the sustainment, restoration, and modernization (as such terms are defined in the Department of Defense Financial Management Regulation 7000.14–R, or successor regulation) of existing facilities or infrastructure.”
“(c) Compliance With Certain Requirements Relating to Personnel and Total Force Management.—In identifying amounts to invest pursuant to the requirement under subsection (a)(1), the Secretary of a military department shall comply with all applicable requirements of sections 129 and 129a of this title.”
; and
“(F) A table enumerating, for the period covered by the report, the amounts invested to meet the requirement under subsection (a)(1), disaggregated by funding source and whether the amount is allocated pursuant to subparagraph (A) or subparagraph (B) of subsection (a)(2).”
“(2) Not later than March 31, 2023, and not later than December 31 of each year thereafter, the Deputy Secretary of Defense shall submit to the congressional defense committees a report containing—
“(A) a summary of the goals and priorities of the Deputy Secretary for the year following the date of the submission of the report with respect to the activities of the Council; and
“(B) an assessment by the Deputy Secretary of the activities of the Council carried out during the year preceding the date of such submission.”
Ҥ 995. Accountability for contractors using military working dogs
“(a) Annual Reporting Requirement for Contractors.—Each covered contract shall specify that the contractor is required to submit to the Under Secretary of Defense (Comptroller), on an annual basis for the duration of the covered contract, a report containing an identification of—
“(1) the number of military working dogs that are in the possession of the covered contractor and located outside of the continental United States in support of a military operation, if any; and
“(2) the primary location of any such military working dogs.
“(b) Covered Contract Defined.—In this section the term ‘covered contract’ means a contract that the Secretary of Defense determines involves military working dogs.”
“(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. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE PREVENTION AND RESPONSE.
“The Secretary of the Army and the Secretary of the Air Force, in consultation with the Chief of the National Guard Bureau, may provide support for the training of appropriate personnel of the National Guard on wildfire prevention and response. In carrying out this section, the Secretaries—
“(1) shall give a preference to personnel assigned to military installations with the highest wildfire suppression needs, as determined by the Secretaries; and
“(2) may consult with the Executive Board of the National Interagency Fire Center.”
“(ii) the use of natural and nature-based features to maintain or improve military installation resilience;”
“(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than two percent of such authorized end strength; and
“(B) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than one percent of such authorized end strength.”
“(3) The Secretary of the military department concerned shall promptly notify the congressional defense committees if such Secretary exceeds a variance under paragraph (1), and at least once every 90 days thereafter for so long as such end strength is outside such variance. Each such notification shall include the following:
“(A) Modified projected end strengths for active and reserve components of the armed force or forces for which such Secretary exceeds such variance.
“(B) An identification of any budgetary effects projected as a result of such modified end strength projections.
“(C) An explanation of any effects on readiness resulting from such modified end strength projections.”
| “3,900 | 1,016 | 782 | 234 |
| 4,300 | 1,135 | 873 | 262 |
| 5,000 | 1,259 | 845 | 315 |
| 7,000 | 1,659 | 1,045 | 415 |
| 10,000 | 2,259 | 1,345 | 565”. |
“(5) in the Space Force, if that appointment would result in more than—
“(A) 2 officers in the grade of general;
“(B) 7 officers in a grade above the grade of major general; or
“(C) 6 officers in the grade of major general.”
“(5) For the Space Force, 21.”
; and
“(E) For the Space Force, 6.”
“(A) subject to subparagraph (B), not for more than 60 days; and
“(B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment outside of the United States to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a contingency operation, not for more than 90 days.”
“(b) The Secretary concerned shall credit a person who is receiving an original appointment as a warrant officer in the regular component of an armed force under the jurisdiction of such Secretary concerned, and who has advanced education or training or special experience, with constructive service for such education, training, or experience, as follows:
“(1) For special training or experience in a particular warrant officer field designated by the Secretary concerned, if such training or experience is directly related to the operational needs of the armed force concerned, as determined by such Secretary concerned.
“(2) For advanced education in a warrant officer field designated by the Secretary concerned, if such education is directly related to the operational needs of the armed force concerned, as determined by such Secretary concerned.”
“(e)
(1) In selecting the warrant officers to be recommended for promotion, a selection board shall, when authorized by the Secretary concerned, recommend warrant officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary concerned, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the report of such board under section 576(c) of this title.
“(2) A selection board may recommend that a warrant officer be placed higher on a promotion list under paragraph (1) only if the warrant officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternate requirement shall be furnished to the board as part of the guidelines furnished to the board under section 576 of this title.
“(3) For the warrant officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those warrant officers should be placed on the list.
“(f)
(1) Upon the request of a warrant officer, the Secretary concerned may exclude the warrant officer from consideration for promotion under this section.
“(2) The Secretary concerned may approve a request of a warrant officer under paragraph (1) only if—
“(A) the basis for the request is to allow the officer to complete—
“(i) an assignment in support of career progression;
“(ii) advanced education;
“(iii) an assignment such Secretary determines is of significant value to the Armed Force concerned; or
“(iv) a career progression requirement delayed by an assignment or education;
“(B) such Secretary determines that such exclusion from consideration is in the best interest of the Armed Force concerned; and
“(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests exclusion from consideration.”
“(c) The names of warrant officers selected for promotion under this section shall be arranged in the report of such board in the following order of priority:
“(1) Warrant officers recommended under section 575(e) of this title to be placed higher on the promotion list, in the order in which the board determines.
“(2) Warrant officers otherwise recommended for promotion, in the order of seniority on the warrant officer active-duty list.”
“(8) A staffing plan for managing personnel in the 13N career field as the Air Force transitions from the Minuteman III weapon system to the Sentinel weapon system.”
“(5) The number of Senior Reserve Officers’ Training Corps scholarships awarded during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.
“(6) The program completion rates and program withdrawal rates of Senior Reserve Officers’ Training Corps scholarship recipients during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department.”
“(f)
(1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) or authorizing the employment of retired officers and noncommissioned officers under subsection (d) or (e), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program officers or noncommissioned officers who—
“(A)
(i) receive honorable discharges—
“(I) after completing at least eight years of service; and
“(II) not longer than five years before applying for such employment; or
“(ii)
(I) are in an active status; and
“(II) who are not yet eligible for retired pay; and
“(B) apply for such employment.
“(2) The Secretary of the military department concerned shall pay to the institution an amount equal to one-half of the amount to be paid to an instructor pursuant to the JROTC Instructor Pay Scale for any period.
“(3) Notwithstanding the limitation in paragraph (2), the Secretary of the military department concerned may pay to the institution more than one-half of the amount paid to the member by the institution if, as determined by such Secretary—
“(A) the institution is in an educationally and economically deprived area; and
“(B) such action is in the national interest.
“(4) Payments under this subsection shall be made from funds appropriated for that purpose.
“(5) The Secretary of the military department concerned may require an officer or noncommissioned officer employed under this subsection to transfer to the Individual Ready Reserve as a condition of such employment.”
“(2) If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 100 days from the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau, and the delay was not attributable to the action or inaction of such officer—
“(A) in the event of State promotion with an effective date before January 1, 2024, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion; and
“(B) in the event of State promotion with an effective date on or after January 1, 2024, the effective date of the promotion concerned under paragraph (1) shall be adjusted by the Secretary concerned to the later of—
“(i) the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau; and
“(ii) the date on which the officer occupies a billet in the next higher grade.”
“(8) the units and members of the Army National Guard or Air National Guard comply with Federal law and policy applicable to the National Guard, including policies issued by the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.”
“(c) Waiver Authority.—
(1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty.
“(2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title.
“(3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time.
“(4) The authority under paragraph (1) shall terminate on October 1, 2024.”
“(b) Transfer.—Until the date specified in subsection (a), no component (including any analytical responsibility) of the FireGuard program may be transferred from the Department of Defense to another entity. If the Secretary seeks to make such a transfer, the Secretary shall, at least three years before such transfer, provide to the appropriate congressional committees a written report and briefing that detail—
“(1) plans of the Secretary for such transfer; and
“(2) how such transfer will sustain and improve detection and monitoring of wildfires.
“(c) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means the following:
“(1) The Committee on Armed Services of the Senate.
“(2) The Committee on Armed Services of the House of Representatives.
“(3) The Select Committee on Intelligence of the Senate.
“(4) The Permanent Select Committee on Intelligence of the House of Representatives.”
“(B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section.”
“(3) that results in enrollment in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note); or”
; and
“(3) in the case of a covered member receiving an administrative discharge before completing the first 180 continuous days of active duty, uncharacterized.”
“(3) PII regarding a prospective recruit collected or compiled under this subsection shall be kept confidential, and a person who has had access to such PII may not disclose the information except for purposes of this section or other purpose authorized by law.
“(4) In the course of conducting a recruiting campaign, the Secretary concerned shall—
“(A) notify a prospective recruit of data collection policies of the armed force concerned; and
“(B) permit the prospective recruit to elect not to participate in such data collection.
“(5) In this subsection, the term ‘PII’ means personally identifiable information.”
“(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.”
“(A) a timely appeal from the judgment of a court-martial, entered into the record under section 860c(a) of this title (article 60c(a)), that includes a finding of guilty; and
“(B) a summary court-martial case in which the accused filed an application for review with the Court under section 869(d)(1) of this title (article 69(d)(1)) and for which the application has been granted by the Court.”
; and
“(1) in the case of an appeal under subparagraph (A) of such subsection, it is filed before the later of—
“(A) the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); or
“(B) the date set by the Court of Criminal Appeals by rule or order; and
“(2) in the case of an appeal under subparagraph (B) of such subsection, an application for review with the Court is filed not later than the earlier of the dates established under section 869(d)(2)(B) of this title (article 69(d)(2)(B)).”
“(a) In General.—Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may—
“(1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or
“(2) with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).”
; and
“(A) for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or
“(B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c).
“(2) The Judge Advocate General may, for good cause shown, extend the period for submission of an application, except that—
“(A) in the case of an application for review of a summary court martial, the Judge Advocate may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A); and
“(B) in case of an application for review of a general or special court-martial, the Judge Advocate may not consider an application submitted more than three years after the end of the applicable period under paragraph (1)(B).”
“(c) Special Trial Counsel of Department of the Air Force.—In establishing policies under subsection (a), the Secretary of Defense shall—
“(1) in lieu of providing for separate offices for the Air Force and Space Force under subsection (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be supervised and overseen; and
“(2) in lieu of providing for separate lead special trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall supervision and oversight of the activities of the special trial counsel of the Department of the Air Force.”
“(e) Definitions.—In this section:
“(1) The term ‘independent investigator’ means a civilian employee of the Department of Defense or a member of the Army, Navy, Marine Corps, Air Force, or Space Force who—
“(A) is outside the immediate chain of command of the complainant and the subject of the investigation; and
“(B) is trained in the investigation of sexual harassment, as determined by—
“(i) the Secretary of Defense, in the case of a civilian employee of the Department of Defense;
“(ii) the Secretary of the Army, in the case of a member of the Army;
“(iii) the Secretary of the Navy, in the case of a member of the Navy or Marine Corps; or
“(iv) the Secretary of the Air Force, in the case of a member of the Air Force or Space Force.
“(2) The term ‘sexual harassment’ means conduct that constitutes the offense of sexual harassment as punishable under section 934 of this title (article 134) pursuant to the regulations prescribed by the Secretary of Defense for purposes of such section (article).”
“(2) include a focus on whether and to what extent sub-populations of the military community may be targeted for interpersonal violence more than others;
“(3) seek to identify factors that influence the prevention, perpetration, and victimization of interpersonal and self-directed violence;
“(4) seek to improve the collection and dissemination of data on hazing and bullying related to interpersonal and self-directed violence;”
; and
“(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”
“(3) Comptroller general report.—Not later than one year after the date of the enactment of this paragraph, the Comptroller General of the United States shall submit to the congressional defense committees a report that—
“(A) compares the sexual harassment and prevention training of the Department of Defense with similar programs at other departments and agencies of the Federal Government; and
“(B) includes relevant data collected by colleges and universities and other relevant outside entities on hazing and bullying and interpersonal and self-directed violence.”
; and
“(e) Incorporation of Research and Findings.—The Secretary of Defense shall ensure that the findings and conclusions from the primary prevention research agenda established under section 549A are regularly incorporated, as appropriate, within the primary prevention workforce established under subsection (a).”
Ҥ 2246. Authorization of certain support for military service academy foundations
“(a) Authority.—Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of Defense, the Superintendent of a Service Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of such Service Academy.
“(b) Limitations.—Use of facilities or equipment under subsection (a) may be provided only if such use—
“(1) is without any liability of the United States to the covered foundation;
“(2) does not affect the ability of any official or employee of the military department concerned, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
“(3) does not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;
“(4) does not include the participation of any cadet or midshipman, other than participation in an honor guard at an event of the covered foundation;
“(5) complies with the Joint Ethics Regulation; and
“(6) has been reviewed and approved by an attorney of the military department concerned.
“(c) Briefing.—In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and House of Representatives regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.
“(d) Definitions.—In this section:
“(1) The term ‘covered foundation’ means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:
“(A) Recruiting.
“(B) Parent or alumni development.
“(C) Academic, leadership, or character development.
“(D) Institutional development.
“(E) Athletics.
“(2) The term ‘Service Academy’ has the meaning given such term in section 347 of this title.”
“2246. Authorization of certain support for military service academy foundations.”.
“(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy.”
“(4) A cadet who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).”
“(2) that a cadet who obtains employment as a professional athlete—
“(A) in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection; and
“(B) at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a);”
“(5) That the midshipman may not obtain employment as a professional athlete until two years after the midshipman graduates from the Academy.”
“(4) A midshipman who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).”
“(2) that a midshipman who obtains employment as a professional athlete—
“(A) in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection; and
“(B) at least two years after the midshipman graduates from the Academy has not breached an agreement under subsection (a);”
“(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy.”
“(4) A cadet who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).”
“(2) that a cadet who obtains employment as a professional athlete—
“(A) in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection; and
“(B) at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a);”
“8543. Provost and Chief Academic Officer.”.
“(2) Term.—An individual selected for the position of Provost and Chief Academic Officer shall serve in that position for a term of not more than five years and may be continued in that position for an additional term of up to five years.”
“(C) Anything the Secretary determines to be significant regarding gender, race, ethnicity, or other demographic information, described in subsection (b), of such individuals.”
“(c) Covered Individual Defined.—In this section, the term ‘covered individual’ means—
“(1) a member of the armed forces on active duty;
“(2) a member of the reserve components in an active status; or
“(3) a dependent of an individual described in subparagraph (A) or (B).”
“(c) Transportation of Deceased Military Member.—In the event of a death that requires the Secretary concerned to provide a death benefit under subchapter II of chapter 75 of title 10, United States Code, such Secretary—
“(1) shall provide the next of kin or other appropriate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies outside of—
“(A) the United States; and
“(B) a theater of combat operations; or
“(2) may provide the next of kin or other appropriate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies inside a theater of combat operations.”
“(j) For a recommendation to award or upgrade a military decoration or award submitted pursuant to section 1130 of this title, a board determination in favor of the claimant shall allow such a recommendation to proceed, and an award or upgrade to be made by the applicable award authority, without regard to the statutory time limitation contained in section 7274, section 8298, or section 9274 of this title, as the case may be.”
“(h) Not later than April 1 each year, the Secretary shall submit to Congress a report that sets forth the following with respect to personnel:
“(1) The number of members of the Armed Forces who are not citizens of the United States during the year covered by such report.
“(2) The immigration status of such members.
“(3) The number of such members naturalized.”
“(4) The term ‘surface combatant vessel’ means any littoral combat ship (including the LCS–1 and LCS–2 classes), frigate (including the FFG–62 class), destroyer (excluding the DDG–1000 class), or cruiser (including the CG–47 class).”
; and
“(d) Crewing of a Surface Combatant Vessel: Prohibition; Exception.—
(1) Beginning on October 1, 2025, the Secretary of the Navy may not assign more than one crew to a covered ship that is a surface combatant vessel if any surface combatant vessel was included in a notification under subsection (a) during the 12 months preceding such assignment.
“(2) The prohibition under paragraph (1) shall not apply to a littoral combat ship configured to conduct mine countermeasures if the Secretary of the Navy submits to the congressional defense committees a certification and detailed explanation that such ship is unable to meet operational requirements regarding mine countermeasures, determined by the commander of a combatant command concerned, with only one crew.”
“8227. Notifications on manning of afloat naval forces.”.
“(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.”
“(B) if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and”
“(m) Temporary Continuation of Rate of Basic Allowance for Members of the Armed Forces Whose Sole Dependent Dies While Residing With the Member.—
(1) Notwithstanding subsection (a)(2) or any other section of law, the Secretary of Defense or the Secretary of the Department in which the Coast Guard is operating, may, after the death of the sole dependent of a member of the armed forces, continue to pay a basic allowance for housing to such member at the rate paid to such member on the date of such death if—
“(A) such sole dependent dies—
“(i) while the member is on active duty; and
“(ii) while residing with the member, unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and
“(B) the member is not occupying a housing facility under the jurisdiction of the Secretary concerned on the date of the death of the sole dependent.
“(2) The continuation of the rate of an allowance under this subsection shall terminate upon the earlier of the following to occur:
“(A) The day that is one year after the date of the death of the sole dependent.
“(B) The permanent change of station, or permanent change of assignment with movement of personal property and household goods under section 453(c) of this title, of the member.”
“(2)
(A) In the case of a member without dependents who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, if the Secretary concerned determines that it would be inequitable to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station, the Secretary concerned may—
“(i) waive the requirement to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station member; and
“(ii) treat that member for the purposes of this section as if the unit to which the member is assigned did not undergo such a change.
“(B) The Secretary concerned may grant a waiver under subparagraph (A) to not more than 100 members in a calendar year.
“(C) Not later than March 1 of each calendar year, the Secretary concerned shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by subparagraph (A) during the preceding calendar year that includes—
“(i) the number of members granted a waiver under subparagraph (A) during that year; and
“(ii) for each such waiver, an identification of—
“(I) the grade of the member;
“(II) the home port or permanent duty station of the unit to which the member is assigned before the change described in subparagraph (A); and
“(III) the new home port or permanent duty station of that unit.
“(D) This paragraph shall cease to be effective on December 31, 2027.”
“431. Benefits for certain members assigned to the Defense Intelligence Agency.”.
“(22) Permanent change of assignment to or from a naval vessel undergoing nuclear refueling or defueling and any concurrent complex overhaul, even if such assignment is within the same area as the current assignment of the member.
“(23) Current assignment to a naval vessel entering or exiting nuclear refueling or defueling and any concurrent complex overhaul.”
“(B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each reassignment described in paragraph (1).”
“(5) In this subsection, the term ‘qualified business costs’ means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of a member if—
“(A) the spouse owned a business during the member’s previous duty assignment and the costs result from a movement described in paragraph (1)(B) in connection with the member’s change in duty location pursuant to reassignment described in paragraph (1)(A); and
“(B) the costs were incurred or paid to move such business to a new location in connection with such reassignment.”
“(h) Reimbursement for Transportation of Pets Arising From Certain Permanent Changes of Stations.—
(1) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member within the continental United States. Such reimbursement may not exceed $550 for each such permanent change of station.
“(2) The Secretary concerned may reimburse a member for any cost related to the relocation of a pet that arises from a permanent change of station of such member to or from a duty station located outside the continental United States. Such reimbursement may not exceed $4,000 for each such permanent change of station.”
“(i) Attendance at Professional Military Education Institution or Training Classes.—
“(1) The Secretary of the military department concerned may authorize temporary duty status, and travel and transportation allowances payable to a member in such status, for a member under the jurisdiction of such Secretary who is reassigned—
“(A) between duty stations located within the United States;
“(B) for a period of not more than one year;
“(C) for the purpose of participating in professional military education or training classes,
“(D) with orders to return to the duty station where the member maintains primary residence and the dependents of such member reside.
“(2) If the Secretary of the military department concerned assigns permanent duty status to a member described in paragraph (1), such member shall be eligible for travel and transportation allowances including the following:
“(A) Transportation, including mileage at the same rate paid for a permanent change of station.
“(B) Per diem while traveling between the permanent duty station and professional military education institution or training site.
“(C) Per diem paid in the same manner and amount as temporary lodging expenses.
“(D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title paid to a member—
“(i) in the grade of such member;
“(ii) without dependents;
“(iii) who resides in the military housing area in which the professional military education institution or training site is located.
“(E) Movement of household goods in an amount determined under applicable regulations.”
“(e)
(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member described in paragraph (2) to retain not more than 30 days of excess leave.
“(2) A member described in this paragraph is a member who—
“(A)
(i) serves on active duty for a continuous period of at least 120 days for which the member is entitled to special pay under section 310(a) of title 37; or
“(ii) is assigned to a deployable ship or mobile unit or to other duty designated for the purposes of this section;
“(B) except for this subsection, would lose any excess leave at the end of the fiscal year; and
“(C) receives, from the first officer in a grade above O-6 in the chain of command of such member, written authorization to retain such excess leave.
“(3) Excess leave retained by a member under this subsection shall be forfeited unless used before the end of the second fiscal year after the end of the fiscal year in which the service or assignment described in paragraph (2)(A) terminated.
“(4) In this subsection, the term ‘excess leave’ means leave accrued by a member in excess of the number of days of leave authorized to be accumulated under subsection (b).”
“(m)
(1) Except as provided by subsection (h)(3), and under regulations prescribed by the Secretary of Defense, a member of the armed forces diagnosed with a medical condition is allowed convalescent leave if—
“(A) the medical or behavioral health provider of the member—
“(i) determines that the member is not yet fit for duty as a result of that condition; and
“(ii) recommends such leave for the member to provide for the convalescence of the member from that condition; and
“(B) the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member.
“(2) A member may take not more than 30 days of convalescent leave under paragraph (1) with respect to a condition described in that paragraph unless—
“(A) such leave in excess of 30 days is authorized by—
“(i) the Secretary concerned; or
“(ii) an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the civilian equivalent; or
“(B) the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child.
“(3)
(A) Convalescent leave may be authorized under paragraph (1) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member.
“(B) In authorizing convalescent leave for a member under paragraph (1) with respect to a condition described in that paragraph, the commanding officer of the member or the commander of the military medical treatment facility, as the case may be, shall—
“(i) limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and
“(ii) authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula.
“(4) A member taking convalescent leave under paragraph (1) shall not have the member’s leave account reduced as a result of taking such leave.
“(5) In this subsection, the term ‘military medical treatment facility’ means a facility described in subsection (b), (c), or (d) of section 1073d of this title.”
“(B) Convalescent leave may be authorized under subparagraph (A) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member.”
“(11)
(A) Delivery of personal effects of a decedent to the next of kin or other appropriate person.
“(B) If the Secretary concerned enters into an agreement with an entity to carry out subparagraph (A), the Secretary concerned may, at the request of the person described in such subparagraph, pursue a claim against such entity that arises from the failure of such entity to substantially perform such subparagraph.
“(C) If an entity described in subparagraph (B) fails to substantially perform subparagraph (A) by damaging, losing, or destroying the personal effects of a decedent, the Secretary concerned shall reimburse the person designated under subsection (c) the greater of $1,000 or the fair market value of such damage, loss, or destruction. The Secretary concerned may request, from the person designated under subsection (c), proof of fair market value and ownership of the personal effects.”
“(d) Child Care Employee Discount.—The Secretary of Defense may, to support recruitment and retention initiatives, charge a child care employee, whose child attends a military child development center, a reduced fee for such attendance.”
Ҥ 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited
“(a) Prohibition.—The Secretary of Defense may not knowingly permit the sale, at a commissary store or military exchange, of any good, ware, article, or merchandise—
“(1) containing any product mined, produced, or manufactured, wholly or in part, by forced labor from the XUAR; or
“(2) from an entity that has used labor from within or transferred from XUAR as part of a ‘poverty alleviation’ or ‘pairing assistance’ program.
“(b) Definitions.—In this section:
“(1) The term ‘forced labor’ means any work or service that is exacted from any person under the menace of any penalty for nonperformance and that the worker does not offer to perform.
“(2) The term ‘XUAR’ means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.”
“2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited.”.
“(1) In general.—The plans”
; and
“(2) Premium sharing plans.—Effective as of January 1, 2026, the regulations prescribed pursuant to paragraph (1) shall include, with respect to premium sharing plans referred to in subsection (d)(1), the following elements:
“(A) A third party administrator shall manage the administrative features of such plans, including eligibility, enrollment, plan change and premium payment processes, submission of qualifying life events changes, and address changes.
“(B) Such plans shall include the following three enrollment options:
“(i) Self.
“(ii) Self plus one.
“(iii) Family.
“(C) In the United States, to the extent practicable, individuals eligible to enroll in such a plan shall be offered options to enroll in plans of not fewer than two and not more than four dental insurance carriers.
“(D) To the extent practicable, each carrier described in subparagraph (C)—
“(i) shall manage dental care delivery matters, including claims adjudication (with required electronic submission of claims), coordination of benefits, covered services, enrollment verification, and provider networks;
“(ii) shall, in addition to offering a standard option plan, offer a non-standard option plan;
“(iii) may offer a non-standard option plan managed as a dental health maintenance organization plan;
“(iv) shall establish and operate dental provider networks that provide—
“(I) accessible care with a prevention or wellness focus;
“(II) continuity of care;
“(III) coordinated care (including appropriate dental and medical referrals);
“(IV) patient-centered care (including effective communications, individualized care, and shared decision-making); and
“(V) high-quality, safe care;
“(v) shall develop and implement adult and pediatric dental quality measures, including effective measurements for—
“(I) access to care;
“(II) continuity of care;
“(III) cost;
“(IV) adverse patient events;
“(V) oral health outcomes; and
“(VI) patient experience; and
“(vi) may conduct in the provider networks established and operated by the carrier under clause (iv), to the extent practicable, pilot programs on the development of a model of care based on the model of care commonly referred to as patient-centered dental homes.”
“(E) Beginning on January 1, 2026, the amount of the premium required under subparagraph (A)—
“(i) for standard option plans, shall be established by the Secretary annually such that in the aggregate (taking into account the adjustments under subparagraph (F) and subsection (e)(3), the Secretary’s share of each premium is 60 percent of the premium for each enrollment category (self, self plus one, and family, respectively) of each standard option plan; and
“(ii) for non-standard option plans, shall be equal to the amount determined under clause (i) plus 100 percent of the additional premium amount applicable to such non-standard option plan.
“(F) Beginning on January 1, 2026, the Secretary of Defense shall reduce the monthly premium required to be paid under paragraph (1) in the case of enlisted members in pay grade E–1, E–2, E–3, or E–4.”
“(3) Beginning on January 1, 2026, the Secretary of Defense shall reduce copayments required to be paid under paragraph (1) in the case of enlisted members in pay grade E–1, E–2, E–3, or E–4.”
“(l) Definitions.—In this section:
“(1) The term ‘non-standard option plan’ means a high option dental insurance plan that includes covered services in addition to, or provides greater coverage with respect to, services covered under a standard option plan.
“(2) The term ‘standard option plan’ means a dental insurance plan that provides for the coverage of preventive services, basic restorative services, and specialty dental care services at a level that is at least commensurate with the coverage of the same services provided under the premium sharing plans under this section during the period preceding January 1, 2026.”
“(G) A member of the National Guard who is separated from full-time National Guard Duty to which called or ordered under section 502(f) of title 32 for a period of active service of more than 30 days to perform duties that are authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by Congress or the President and supported by Federal funds.”
“(e) Improvement of Specialty Care Referrals During Permanent Changes of Station.—In conducting evaluations and improvements under subsection (d) to the referral process described in subsection (a), the Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are undergoing a permanent change of station receive referrals from their primary care manager to such specialty care providers in the new location as the beneficiary may need before undergoing the permanent change of station.”
“(h) Rule of Construction Regarding Secretaries Concerned and Medical Evaluation Boards.—Nothing in this section shall be construed as transferring to the Director of the Defense Health Agency, or otherwise revoking, any authority or responsibility of the Secretary concerned under chapter 61 of this title with respect to a member of the armed forces (including with respect to the administration of morale and welfare and the determination of fitness for duty for the member) while the member is being considered by a medical evaluation board.”
“(4)
(A) The Secretary shall designate certain major medical centers as regional centers of excellence for the provision of specialty care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center of excellence under this subparagraph for more than one such area of specialty care.
“(B) The Secretary may designate certain medical centers as satellite centers of excellence for the provision of specialty care services for specific conditions, such as the following:
“(i) Post-traumatic stress.
“(ii) Traumatic brain injury.
“(iii) Such other conditions as the Secretary determines appropriate.
“(C) Centers of excellence designated under this paragraph shall serve the purposes of—
“(i) ensuring the military medical force readiness of the Department of Defense and the medical readiness of the armed forces;
“(ii) improving the quality of health care furnished by the Secretary to eligible beneficiaries; and
“(iii) improving health outcomes for eligible beneficiaries.
“(D) The areas of specialty care described in this subparagraph are as follows:
“(i) Oncology.
“(ii) Burn injuries and wound care.
“(iii) Rehabilitation medicine.
“(iv) Psychological health and traumatic brain injury.
“(v) Amputations and prosthetics.
“(vi) Neurosurgery.
“(vii) Orthopedic care.
“(viii) Substance abuse.
“(ix) Infectious diseases and preventive medicine.
“(x) Cardiothoracic surgery.
“(xi) Such other areas of specialty care as the Secretary determines appropriate.
“(E)
(i) Centers of excellence designated under this paragraph shall be the primary source within the military health system for the receipt by eligible beneficiaries of specialty care.
“(ii) Eligible beneficiaries seeking a specialty care service through the military health system shall be referred to a center of excellence designated under subparagraph (A) for that area of specialty care or, if the specialty care service sought is unavailable at such center, to an appropriate specialty care provider in the private sector.
“(F) Not later than 90 days prior to the designation of a center of excellence under this paragraph, the Secretary shall notify the Committees on Armed Services of the House of Representatives and the Senate of such designation.
“(G) In this paragraph, the term ‘eligible beneficiary’ means any beneficiary under this chapter.”
“(5)
(A) The Secretary of Defense shall designate and maintain certain military medical treatment facilities as core casualty receiving facilities, to ensure the medical capability and capacity required to diagnose, treat, and rehabilitate large volumes of combat casualties and, as may be directed by the President or the Secretary, provide a medical response to events the President determines or declares as natural disasters, mass casualty events, or other national emergencies.
“(B) The Secretary shall ensure that the military medical treatment facilities selected for designation pursuant to subparagraph (A) are geographically located to facilitate the aeromedical evacuation of casualties from theaters of operations.
“(C) The Secretary—
“(i) shall ensure that the Secretaries of the military departments assign military personnel to core casualty receiving facilities designated under subparagraph (A) at not less than 90 percent of the staffing level required to maintain the operating bed capacity necessary to support operation planning requirements;
“(ii) may augment the staffing of military personnel at core casualty receiving facilities under subparagraph (A) with civilian employees of the Department of Defense to fulfil the staffing requirement under clause (i); and
“(iii) shall ensure that each core casualty receiving facility under subparagraph (A) is staffed with a civilian Chief Financial Officer and a civilian Chief Operating Officer with experience in the management of civilian hospital systems, for the purpose of ensuring continuity in the management of the facility.
“(D) In this paragraph:
“(i) The term ‘core casualty receiving facility’ means a Role 4 medical treatment facility that serves as a medical hub for the receipt and treatment of casualties, including civilian casualties, that may result from combat or from an event the President determines or declares as a natural disaster, mass casualty event, or other national emergency.
“(ii) The term ‘Role 4 medical treatment facility’ means a medical treatment facility that provides the full range of preventative, curative, acute, convalescent, restorative, and rehabilitative care.”
“(f) Notification Required to Modify Scope of Services Provided at Military Medical Treatment Facilities.—
(1) The Secretary of Defense may not modify the scope of medical care provided at a military medical treatment facility, or the beneficiary population served at the facility, unless—
“(A) the Secretary submits to the Committees on Armed Services of the House of Representatives and the Senate a notification of the proposed modification in scope;
“(B) a period of 180 days has elapsed following the date on which the Secretary submits such notification; and
“(C) if the proposed modification in scope involves the termination or reduction of inpatient capabilities at a military medical treatment facility located outside the United States, the Secretary has provided to each member of the armed forces or covered beneficiary receiving services at such facility a transition plan for the continuity of health care for such member or covered beneficiary.
“(2) Each notification under paragraph (1) shall contain information demonstrating, with respect to the military medical treatment facility for which the modification in scope has been proposed, the extent to which the commander of the military installation at which the facility is located has been consulted regarding such modification, to ensure that the proposed modification in scope would have no impact on the operational plan for such installation.”
“(b) Waiver of Fees.—The Director of the Defense Health Agency may issue a waiver for a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian provided medical care who is not a covered beneficiary if the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Director of the Defense Health Agency.”
; and
“(c) Modified Payment Plan for Certain Civilians.—
(1)
(A) If a civilian specified in subsection (a) is covered by a covered payer at the time care under this section is provided, the civilian shall only be responsible to pay the standard copays, coinsurance, deductibles, or nominal fees that are otherwise applicable under the covered payer plan.
“(B) Except with respect to the copays, coinsurance, deductibles, and nominal fees specified in subparagraph (A)—
“(i) the Secretary of Defense may bill only the covered payer for care provided to a civilian described in subparagraph (A); and
“(ii) payment received by the Secretary from the covered payer of a civilian for care provided under this section that is provided to the civilian shall be considered payment in full for such care.
“(2) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1), is underinsured, or has a remaining balance and is at risk of financial harm, the Director of the Defense Health Agency shall reduce each fee that would otherwise be charged to the civilian under this section according to a sliding fee discount program, as prescribed by the Director of the Defense Health Agency.
“(3) If a civilian specified in subsection (a) does not meet the criteria under paragraph (1) or (2), the Director of the Defense Health Agency shall implement an additional catastrophic waiver to prevent severe financial harm.
“(4) The modified payment plan under this subsection may not be administered by a Federal agency other than the Department of Defense.”
; and
“(e) Definitions.—In this section:
“(1) The term ‘covered payer’ means a third-party payer or other insurance, medical service, or health plan.
“(2) The terms ‘third-party payer’ and ‘insurance, medical service, or health plan’ have the meaning given those terms in section 1095(h) of this title.”
“(e) Alternative Initiative to Improve Opioid Management.—As an alternative to the pilot program under this section, the Director of the Defense Health Agency, not later than January 1, 2023—
“(1) may implement a permanent program to improve opioid management for beneficiaries under the TRICARE program; and
“(2) if the Director decides to implement such a permanent program, shall submit to the Committees on Armed Services of the Senate and the House of Representatives the specifications of and reasons for implementing such program.”
“(A) Briefing; report.—The Comptroller General of the United States shall—
“(i) not later than February 1, 2023, provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on preliminary observations regarding the analyses used to support any reduction or realignment of military medical manning, including any reduction or realignment of medical billets of the military departments; and
“(ii) not later than May 31, 2023, submit to the Committees on Armed Services of the House of Representatives and the Senate a report on such analyses.”
“(H) An analysis of whether the diagnosis and treatment of autism is higher among the children of military families than in the general population.”
; and
“(A) a member of an Armed Force; or
“(B) a civilian employee of the Department of Defense, unless the individual is a former member of an Armed Force.”
“(f) Compensation.—
“(1) In general.—Except as provided in paragraph (2), the Secretary may compensate members of the committee established under subsection (a) for the work of such members for the committee.
“(2) Exception.—A member of the committee established under subsection (a) who is a civilian employee of the Department of Defense and a former member of an Armed Force may not receive compensation under paragraph (1).
“(3) Treatment of compensation.—A member of the committee established under subsection (a) who receives compensation under paragraph (1) shall not be considered a civilian employee of the Department of Defense for purposes of subsection (b)(3)(B).”
Ҥ 1743. Awards to recognize members of the acquisition workforce
“(a) Establishment.—The President of the Defense Acquisition University shall establish two programs to provide awards to recognize members of the acquisition workforce as follows:
“(1) An award of not more than $5,000 to such members who use an iterative writing process to document a first-hand account of using independent judgment to overcome an obstacle the member faced while working within the defense acquisition system (as defined in section 3001 of this title).
“(2) An award of not more than $5,000 to such members who make the best use of the flexibilities and authorities granted by the Federal Acquisition Regulation and Department of Defense Instruction 5000.02 (Operation of the Defense Acquisition System).
“(b) Number of Awards.—
“(1) In general.—The President of the Defense Acquisition University may make not more than five awards under subsection (a)(1) and one award under subsection (a)(2) each year.
“(2) Limitation.—A member of the acquisition workforce may receive one award each year.
“(c) Requirements for Writing Award.—
“(1) Submission required.—A member of the acquisition workforce desiring an award under subsection (a)(1) shall submit to the President of the Defense Acquisition University the first-hand account described in such subsection. Such first-hand account shall demonstrate—
“(A) an original and engaging idea documenting the use of independent judgment to overcome an obstacle the recipient faced while working within the defense acquisition system; and
“(B) the use of an iterative writing process, including evidence of—
“(i) critical thinking;
“(ii) incorporation of feedback from diverse perspectives; and
“(iii) editing to achieve plain writing (as defined in section 3 of the Plain Writing Act of 2010 (5 U.S.C. 301 note)).
“(2) Website.—The President of the Defense Acquisition University shall establish and maintain a website to serve as a repository for submissions made under paragraph (1). Such website shall allow for public comments and discussion.
“(d) Requirements for Flexibility Award.—A member of the acquisition workforce desiring an award under subsection (a)(2) shall submit to the President of the Defense Acquisition University documentation that such member uses approaches to program management that emphasize innovation and local adaptation, including the use of—
“(1) simplified acquisition procedures;
“(2) inherent flexibilities within the Federal Acquisition Regulation;
“(3) commercial contracting approaches;
“(4) public-private partnership agreements and practices;
“(5) cost-sharing arrangements;
“(6) innovative contractor incentive practices; or
“(7) other innovative implementations of acquisition flexibilities.
“(e) Funding.—The Secretary of Defense shall use funds from the Defense Acquisition Workforce Development Account to carry out this section.”
“1743. Awards to recognize members of the acquisition workforce.”.
“(h) Architectural and Engineering Services.—
“(1) Qualification-based selections required.—Task or delivery orders for architectural and engineering services issued under section 3403 or 3405 of this title shall be qualification-based selections executed in accordance with chapter 11 of title 40.
“(2) Multiple award contracts.—When issuing a task or delivery order for architectural and engineering services under a multiple award contract, the head of an agency may not routinely request additional information relating to qualifications from the contractor for such multiple award contract.”
“(2)
(A) For a subsystem proposed as commercial (as defined in section 103(1) of title 41) and that has not been previously determined commercial in accordance with section 3703(d) of this title, the offeror shall—
“(i) identify the comparable commercial product the offeror sells to the general public or nongovernmental entities that serves as the basis for the ‘of a type’ assertion;
“(ii) submit to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of the physical characteristics and functionality between the subsystem and the comparable commercial product identified under clause (i); and
“(iii) provide to the contracting officer the National Stock Number for both the comparable commercial product identified under clause (i), if one is assigned, and the subsystem, if one is assigned.
“(B) If the offeror does not sell a comparable commercial product to the general public or nongovernmental entities for purposes other than governmental purposes that can serve as the basis for an ‘of a type’ assertion with respect to the subsystem—
“(i) the offeror shall—
“(I) notify the contracting officer in writing that it does not so sell such a comparable commercial product; and
“(II) provide to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of the physical characteristics and functionality between the subsystem and the most comparable commercial product in the commercial marketplace, to the extent reasonably known by the offeror; and
“(ii) subparagraph (A) shall not apply with respect to the offeror for such subsystem.”
“(2)
(A) For a component or spare part proposed as commercial (as defined in section 103(1) of title 41) and that has not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall—
“(i) identify the comparable commercial product the offeror sells to the general public or nongovernmental entities that serves as the basis for the ‘of a type’ assertion;
“(ii) submit to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of the physical characteristics and functionality between the component or spare part and the comparable commercial product identified under clause (i); and
“(iii) provide to the contracting officer the National Stock Number for both the comparable commercial product identified under clause (i), if one is assigned, and the component or spare part, if one is assigned.
“(B) If the offeror does not sell a comparable commercial product to the general public or nongovernmental entities for purposes other than governmental purposes that can serve as the basis for an ‘of a type’ assertion with respect to the component or spare part—
“(i) the offeror shall—
“(I) notify the contracting officer in writing that it does not so sell such a comparable commercial product; and
“(II) provide to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of the physical characteristics and functionality between the component or spare part and the most comparable commercial product in the commercial marketplace, to the extent reasonably known by the offeror; and
“(ii) subparagraph (A) shall not apply with respect to the offeror for such component or spare part.”
“(4)
(A) An offeror may redact data information submitted or made available under subparagraph (A) or (B) of paragraph (1) with respect to sales of an item acquired under this section only to the extent necessary to remove information individually identifying government customers, commercial customers purchasing such item for governmental purposes, and commercial customers purchasing such item for commercial, mixed, or unknown purposes.
“(B) Before an offeror may exercise the authority under subparagraph (A) with respect to a customer, the offeror shall certify in writing to the contracting officer whether the customer is a government customer, a commercial customer purchasing the item for governmental purpose, or a commercial customer purchasing the item for a commercial, mixed, or unknown purpose.
“(5) A contracting officer may not require an offeror to submit or make available information under paragraph (1)(C) without approval from a level above the contracting officer.
“(6) Nothing in this subsection shall relieve an offeror of other obligations under any other law or regulation to disclose and support the actual rationale of the offeror for the price proposed by the offeror to the Government for any good or service.”
“(g) Applicability.—
“(1) In general.—Subsections (b) and (c) shall apply only with respect to subsystems described in subsection (b) and components or spare parts described in subsection (c), respectively, that the Department of Defense acquires through—
“(A) a prime contract;
“(B) a modification to a prime contract; or
“(C) a subcontract described in paragraph (2).
“(2) Subcontract described.—A subcontract described in this paragraph is a subcontract through which the Department of Defense acquires a subsystem or component or spare part proposed as commercial (as defined in section 103(1) of title 41) under this section and that has not previously been determined commercial in accordance with section 3703(d).”
“CHAPTER 253— RAPID ACQUISITION PROCEDURES
“3601. Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest.
Ҥ 3601. Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest
“(a) Procedures.—
“(1) In general.—The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those—
“(A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section—
“(i) can be fielded within a period of two to 24 months;
“(ii) do not require substantial development effort;
“(iii) are based on technologies that are proven and available; and
“(iv) can appropriately be acquired under fixed-price contracts; or
“(B) that can be developed or procured under a section 804 rapid acquisition pathway.
“(2) Definition.—In this section, the term ‘section 804 rapid acquisition pathway’ means the rapid fielding acquisition pathway or the rapid prototyping acquisition pathway authorized under section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 prec.).
“(b) Matters to Be Included.—The procedures prescribed under subsection (a) shall include the following:
“(1) A process for streamlined communications between the Chairman of the Joint Chiefs of Staff, the acquisition community, and the research and development community, including—
“(A) a process for the commanders of the combatant commands and the Chairman of the Joint Chiefs of Staff to communicate their needs to the acquisition community and the research and development community; and
“(B) a process for the acquisition community and the research and development community to propose capabilities that meet the needs communicated by the combatant commands and the Chairman of the Joint Chiefs of Staff.
“(2) Procedures for demonstrating, rapidly acquiring, and deploying a capability proposed pursuant to paragraph (1)(B), including—
“(A) a process for demonstrating and evaluating for current operational purposes the performance of the capability;
“(B) a process for developing an acquisition and funding strategy for the deployment of the capability; and
“(C) a process for making deployment and utilization determinations based on information obtained pursuant to subparagraphs (A) and (B).
“(3) A process to determine the disposition of a capability, including termination (demilitarization or disposal), continued sustainment, or transition to a program of record.
“(4) Specific procedures in accordance with the guidance developed under section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201 prec.).
“(c) Response to Combat Emergencies and Certain Urgent Operational Needs.—
“(1) Determination of need for urgent acquisition and deployment.—
(A) In the case of any capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a documented deficiency that has resulted in combat casualties, or is likely to result in combat casualties, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed capability.
“(B) In the case of any capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a documented deficiency that impacts an ongoing or anticipated contingency operation and that, if left unfulfilled, could potentially result in loss of life or critical mission failure, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed capability.
“(C)
(i) In the case of any cyber capability that, as determined in writing by the Secretary of Defense, is urgently needed to eliminate a deficiency that as the result of a cyber attack has resulted in critical mission failure, the loss of life, property destruction, or economic effects, or if left unfilled is likely to result in critical mission failure, the loss of life, property destruction, or economic effects, the Secretary may use the procedures developed under this section in order to accomplish the urgent acquisition and deployment of the needed offensive or defensive cyber capability.
“(ii) In this subparagraph, the term ‘cyber attack’ means a deliberate action to alter, disrupt, deceive, degrade, or destroy computer systems or networks or the information or programs resident in or transiting these systems or networks.
“(2) Designation of senior official responsible.—
(A)
(i) Except as provided under clause (ii), whenever the Secretary of Defense makes a determination under subparagraph (A), (B), or (C) of paragraph (1) that a capability is urgently needed to eliminate a deficiency described in that subparagraph, the Secretary shall designate a senior official of the Department of Defense to ensure that the needed capability is acquired and deployed as quickly as possible, with a goal of awarding a contract for the acquisition of the capability within 15 days.
“(ii) Clause (i) does not apply to an acquisition initiated in the case of a determination by the Secretary of Defense that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway if the designated official for acquisitions using such pathway is a service acquisition executive.
“(B) Upon designation of a senior official under subparagraph (A) with respect to a needed capability, the Secretary shall authorize that senior official to waive any provision of law or regulation described in subsection (d) that such senior official determines in writing would unnecessarily impede the urgent acquisition and deployment of such capability. In a case in which such capability cannot be acquired without an extensive delay, the senior official shall require that an interim solution be implemented and deployed using the procedures developed under this section to minimize adverse consequences resulting from the urgent need.
“(3) Use of funds.—
(A) Subject to subparagraph (C), in any fiscal year in which the Secretary of Defense makes a determination described in subparagraph (A), (B), or (C) of paragraph (1) with respect to a capability, or upon the Secretary making a determination that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway based on a compelling national security need, the Secretary may use any funds available to the Department of Defense to urgently acquire and deploy such capability or immediately initiate such project, respectively, if the determination includes a written finding that the use of such funds is necessary to address in a timely manner the deficiency documented or identified under such subparagraph (A), (B), or (C) or the compelling national security need identified for purposes of such section 804 pathway, respectively.
“(B) The authority provided by this section may only be used to acquire capability—
“(i) in the case of determinations by the Secretary under paragraph (1)(A), in an amount aggregating not more than $200,000,000 during any fiscal year;
“(ii) in the case of determinations by the Secretary under paragraph (1)(B), in an amount aggregating not more than $200,000,000 during any fiscal year;
“(iii) in the case of determinations by the Secretary under paragraph (1)(C), in an amount aggregating not more than $200,000,000 during any fiscal year; and
“(iv) in the case of a determination by the Secretary that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, in an amount aggregating not more than $50,000,000 during any fiscal year.
“(C) In exercising the authority under this section—
“(i) none of the amounts appropriated for Operation and Maintenance may be used to carry out this section except for amounts appropriated for—
“(I) Operation and Maintenance, Defense-wide;
“(II) Operation and Maintenance, Army;
“(III) Operation and Maintenance, Navy;
“(IV) Operation and Maintenance, Marine Corps;
“(V) Operation and Maintenance, Air Force; or
“(VI) Operation and Maintenance, Space Force; and
“(ii) when funds are utilized for sustainment purposes, this authority may not be used for more than 2 years.
“(4) Notification to congressional defense committees.—
(A) In the case of a determination by the Secretary of Defense under subparagraph (A) or (C) of paragraph (1), the Secretary shall notify the congressional defense committees of the determination within 15 days after the date of the determination.
“(B) In the case of a determination by the Secretary under paragraph (1)(B), the Secretary shall notify the congressional defense committees of the determination at least 10 days before the date on which the determination is effective.
“(C) In the case of a determination by the Secretary under paragraph (3)(A) that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, the Secretary shall notify the congressional defense committees of the determination within 10 days after the date of the use of such funds.
“(D) A notice under this paragraph shall include the following:
“(i) Identification of the capability to be acquired.
“(ii) The amount anticipated to be expended for the acquisition.
“(iii) The source of funds for the acquisition.
“(E) A notice under this paragraph shall fulfill any requirement to provide notification to Congress for a program (referred to as a ‘new start program’) that has not previously been specifically authorized by law or for which funds have not previously been appropriated.
“(F) A notice under this paragraph shall be provided in consultation with the Director of the Office of Management and Budget.
“(5) Limitation on officers with authority.—The authority to make determinations under subparagraph (A), (B), or (C) of paragraph (1) and under paragraph (3)(A) that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway, to designate a senior official responsible under paragraph (3), and to provide notification to the congressional defense committees under paragraph (4) may be exercised only by the Secretary of Defense or the Deputy Secretary of Defense.
“(d) Authority to Waive Certain Laws and Regulations.—
“(1) Authority.—Following a determination described in subsection (c)(1), the senior official designated in accordance with subsection (c)(2), with respect to that designation, may waive any provision of law or regulation addressing—
“(A) the establishment of a requirement or specification for the capability to be acquired;
“(B) the research, development, test, and evaluation of the capability to be acquired;
“(C) the production, fielding, and sustainment of the capability to be acquired; or
“(D) the solicitation, selection of sources, and award of the contracts for procurement of the capability to be acquired.
“(2) Limitations.—Nothing in this subsection authorizes the waiver of—
“(A) the requirements of this section;
“(B) any provision of law imposing civil or criminal penalties; or
“(C) any provision of law governing the proper expenditure of appropriated funds.
“(e) Operational Assessments.—
“(1) In general.—The process prescribed under subsection (b)(2)(A) for demonstrating and evaluating for current operational purposes the performance of a capability proposed pursuant to subsection (b)(1)(B) shall include the following:
“(A) An operational assessment in accordance with procedures prescribed by the Director of Operational Test and Evaluation.
“(B) A requirement to provide information about any deficiency of the capability in meeting the original requirements for the capability (as stated in a statement of the urgent operational need or similar document) to the deployment decision-making authority.
“(2) Limitation.—The process prescribed under subsection (b)(2)(A) may not include a requirement for any deficiency of capability identified in the operational assessment to be the determining factor in deciding whether to deploy the capability.
“(3) Director of operational test and evaluation access.—If a capability is deployed under the procedures prescribed pursuant to this section, or under any other authority, before operational test and evaluation of the capability is completed, the Director of Operational Test and Evaluation shall have access to operational records and data relevant to such capability in accordance with section 139(e)(3) of this title for the purpose of completing operational test and evaluation of the capability. Such access shall be provided in a time and manner determined by the Secretary of Defense consistent with requirements of operational security and other relevant operational requirements.”
“253. Rapid Acquisition Procedures 3601”.
“(c) Treatment of Certain Clauses Implementing Executive Orders.—The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contract, order, or other transaction.”
; and
“(1) The term”
; and
“(2) The term ‘Changes clause’ means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regulation.
“(3) The term ‘covered clause’ means any clause implementing the requirements of an Executive order issued by the President.”
“3862. Requests for equitable adjustment or other relief.”.
“(G) an intellectual property management plan for product support, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title);”
“(H) an estimate of the number of personnel needed to operate and maintain the covered system, including military personnel, Federal employees, contractors, and host nation support personnel (as applicable);
“(I) a description of opportunities for foreign military sales; and”
; and
“(2) Subsequent phases.—Before granting Milestone C approval (or the equivalent) for the covered system, the milestone decision authority shall ensure that the life cycle sustainment plan required by paragraph (1) for such covered system has been updated to include views received by the milestone decision authority from appropriate materiel, logistics, or fleet representatives.”
“(7) Milestone c approval.—The term ‘Milestone C approval’ has the meaning given that term in section 4172(e)(8) of this title.”
“(D) Consider disciplinary or corrective action against any official of the Department of Defense.”
; and
“(D) Consider disciplinary or corrective action against any official of the executive agency, if appropriate.”
; and
“(f) Conditions With Respect to Certain Low-rate Initial Production.—
“(1) In general.—The number of low-rate initial production lots associated with a major defense acquisition program may not be more than one if—
“(A) the milestone decision authority authorizes the use of a fixed-price type contract at the time of a decision on Milestone B approval; and
“(B) the scope of the work of the fixed-price type contract includes both the development and low-rate initial production of items for such major defense acquisition program.
“(2) Waiver.—The limitation in paragraph (1) may be waived by the applicable service acquisition executive or a designee of such executive if—
“(A) such waiver authority is not delegated to the level of the contracting officer; and
“(B) written notification of a granted waiver, including the associated rationale, is provided to the congressional defense committees not later than 30 days after issuance of the waiver.
“(3) Definitions.—In this subsection:
“(A) The term ‘low-rate initial production’ has the meaning given under section 4231 of title 10, United States Code.
“(B) The term ‘milestone decision authority’ has the meaning given in section 4211 of title 10, United States Code.
“(C) The term ‘major defense acquisition program’ has the meaning given in section 4201 of title 10, United States Code.
“(D) The term ‘Milestone B approval’ has the meaning given in section 4172(e) of title 10, United States Code.”
“(1) A detailed explanation of the rationale for the proposed cancellation or covered modification of the multiyear contract.”
“(b) Prohibition on Certain Contracts.—The Secretary of Defense may not enter into a contract (or extend or renew a contract) on or after October 1, 2024, with an entity that operates (as determined by the Secretary or the Secretary’s designee) equipment from a covered unmanned aircraft system company in the performance of a Department of Defense contract.”
“(1) Covered foreign country.—The term ‘covered foreign country’ means any of the following:
“(A) the People’s Republic of China.
“(B) The Russian Federation.
“(C) The Islamic Republic of Iran.
“(D) The Democratic People’s Republic of Korea.”
; and
“(3) Covered unmanned aircraft system company.—The term ‘covered unmanned aircraft system company’ means any of the following:
“(A) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations).
“(B) Any entity that produces or provides unmanned aircraft systems and is included on Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce.
“(C) Any entity that produces or provides unmanned aircraft systems and—
“(i) is domiciled in a covered foreign country; or
“(ii) is subject to unmitigated foreign ownership, control or influence by a covered foreign country, as determined by the Secretary of Defense unmitigated foreign ownership, control or influence in accordance with the National Industrial Security Program (or any successor to such program).”
“(C) Specific examples where the authorities under this section can not be used to mitigate national security threats posed by vendors supporting Department operations because of the restriction on using such authorities only with respect to contingency operations.
“(D) A description of the policies ensuring that oversight of the use of the authorities in this section is effectively carried out by a single office in the Office of the Under Secretary of Defense for Acquisition and Sustainment.”
; and
“Section 1.
(a) That the President”
“(b) Temporary Authority to Modify Certain Contracts and Options Based on the Impacts of Inflation.—Only amounts specifically provided by an appropriations Act for the purposes detailed in subsections (c) and (d) of this section may be used by the Secretary of Defense to carry out such subsections.
“(c)
(1) The Secretary of Defense, acting pursuant to a Presidential authorization under subsection (a) and in accordance with subsection (b)—
“(A) may, notwithstanding subsection (e) of section 2 of this Act (50 U.S.C. 1432(e)), make an amendment or modification to an eligible contract when, due solely to economic inflation, the cost to a prime contractor of performing such eligible contract is greater than the price of such eligible contract; and
“(B) may not request consideration from such prime contractor for such amendment or modification.
“(2) A prime contractor may submit to the Secretary of Defense a request for an amendment or modification to an eligible contract pursuant to subsection (a) when, due solely to economic inflation, the cost to a covered subcontractor of performing an eligible subcontract is greater than the price of such eligible subcontract. Such request shall include a certification that the prime contractor—
“(A) will remit to such covered subcontractor the difference, if any, between the original price of such eligible contract and the price of such eligible contract if the Secretary of Defense makes an amendment or modification pursuant to subsection (a); and
“(B) will not require such covered subcontractor to pay additional consideration or fees related to such amendment or modification.
“(3) If a prime contractor does not make the request described in paragraph (2), a covered subcontractor may submit to a contracting officer of the Department of Defense a request for an amendment or modification to an eligible subcontract when, due solely to economic inflation, the cost to such covered subcontractor of performing such eligible subcontract is greater than the price of such eligible subcontract.
“(d) Any adjustment or modification made pursuant to subsection (c) to an eligible contract or an eligible subcontract shall—
“(1) be contingent upon the continued performance, as applicable, of such eligible contract or such eligible subcontract; and
“(2) account only for the actual cost of performing such eligible contract or such eligible subcontract, but may account for indirect costs of performance, as the Secretary of Defense determines appropriate.
“(e) The authority under subsections (c) and (d) shall be effective during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on December 31, 2023.
“(f) In this section:
“(1) The term ‘covered subcontractor’ means a subcontractor who has entered into an eligible subcontract with a prime contractor.
“(2) The term ‘eligible contract’ means a contract awarded to a prime contractor by the Secretary of Defense pursuant to subsection (a).
“(3) The term ‘eligible subcontract’ means a subcontract made under an eligible contract to a covered subcontractor.”
“(11) ensure the participation in the public-private talent exchange program established under section 1599g of this title of up to 250 members of the acquisition workforce in each fiscal year.”
“(2) Number of positions.—The authority in subsection (a) may not be used at any one time with respect to—
“(A) more than five positions, in total, in Department of Defense Field Activities and Defense Agencies;
“(B) more than five positions in the Office of the Secretary of Defense; and
“(C) more than five positions in each military department.”
“(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) 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.”
“(e) President Appointment.—
(1) The Under Secretary of Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University.
“(2) When determining who to appoint under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall, in consultation with the Under Secretary of Defense for Research and Engineering and the service acquisition executives, prioritize highly qualified candidates who demonstrate a combination of the following:
“(A) Leadership abilities.
“(B) Experience using leading practices to develop talent in the private sector.
“(C) Other qualifying factors, including experience with and an understanding of the defense acquisition system (as defined in section 3001 of this title), an understanding of emerging technologies and the defense applications of such technologies, experience partnering with States, national associations, and academia, and experience with learning technologies.
“(3) The term of the President of the Defense Acquisition University shall be not more than five years, unless the Under Secretary of Defense for Acquisition and Sustainment determines it necessary to extend the term for up to an additional five years. The preceding sentence does not apply to the President of the Defense Acquisition University serving on January 1, 2022.”
“(b) Purpose.—The purpose of the Defense Civilian Training Corps is to target critical skills gaps necessary to achieve the objectives of the national defense strategies required by section 113(g) of this title and the national security strategies required by section 108 of the National Security Act of 1947 (50 U.S.C. 3043) by preparing students selected for the Defense Civilian Training Corps for Department of Defense careers relating to acquisition, digital technologies, critical technologies, science, engineering, finance, and other civilian occupations determined by the Secretary of Defense.
“(c) Use of Resources and Programs.—The Under Secretary of Defense for Acquisition and Sustainment may leverage the resources and programs of the acquisition research organization within a civilian college or university that is described under section 4142(a) of this title (commonly referred to as the ‘Acquisition Innovation Research Center’) to carry out the requirements of this chapter.”
“(c) Guidelines and Resources.—
“(1) In general.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
“(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in section 4401(b) of this title);
“(B) evaluation and negotiation of intellectual property licenses in competitive and non-competitive awards;
“(C) models and best practices for specially negotiated licenses, including specially negotiated licenses described in section 3774(c) of this title; and
“(D) definitions, key terms, examples, and case studies that clarify differences between—
“(i) detailed manufacturing and process data;
“(ii) form, fit, and function data;
“(iii) data required for operations, maintenance, installation, and training;
“(iv) modular system interfaces (as defined in section 4401(b) of this title); and
“(v) technical data pertaining to an interface between an item or process and other items or processes necessary for the segregation of an item or process from, or the reintegration of that item or process (or a functionally equivalent item or process) with, other items or processes.
“(2) Guidelines and resources limit.—The guidelines and resources developed under paragraph (1) may not alter or affect any authority or duty under this section or section 1707 of this title.
“(3) Review and consultation.—In developing the guidelines and resources described in paragraph (1), the Secretary shall—
“(A) review the applicable statutory and regulatory history, including among the definitions and key terms in section 3771 of this title, to ensure consistency; and
“(B) regularly consult with appropriate government and industry persons and organizations.
“(4) Training.—The Secretary of Defense shall ensure that the acquisition workforce receives training on the guidelines and resources developed under paragraph (1).”
“(C) may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official—
“(i) determines in writing that—
“(I) the requirements of subsection (d) will be met; and
“(II) the use of the authority of this section is essential to meet critical national security objectives; and
“(ii) notifies the congressional defense committees in writing of the determinations required under clause (i) at the time such authority is exercised.”
“(1) The term ‘covered official’ means—
“(A) a service acquisition executive;
“(B) the Director of the Defense Advanced Research Projects Agency;
“(C) the Director of the Missile Defense Agency;
“(D) the Undersecretary of Defense for Acquisition and Sustainment; or
“(E) the Undersecretary of Defense for Research and Engineering.”
; and
“(3) The term ‘service acquisition executive’ has the meaning given that term in section 101(a) of this title.”
; and
“(5) The term ‘prototype project’ includes a project that addresses—
“(A) a proof of concept, model, or process, including a business process;
“(B) reverse engineering to address obsolescence;
“(C) a pilot or novel application of commercial technologies for defense purposes;
“(D) agile development activity;
“(E) the creation, design, development, or demonstration of operational utility; or
“(F) any combination of subparagraphs (A) through (E).”
; and
“(i) Pilot Authority for Use of Other Transactions for Installation or Facility Prototyping.—
“(1) In general.—The Secretary of Defense or the Secretary of a military department may establish a pilot program under which the Secretary may, under the authority of this section, carry out prototype projects that are directly relevant to enhancing the ability of the Department of Defense to prototype the design, development, or demonstration of new construction techniques or technologies to improve military installations or facilities (as such terms are defined in section 2801 of this title).
“(2) Limits.—In carrying out prototype projects under the pilot program established under paragraph (1)—
“(A) not more than two prototype projects may begin to be carried out per fiscal year under such pilot program; and
“(B) the aggregate value of all transactions entered into under such pilot program may not exceed $200,000,000.
“(3) Sunset.—
“(A) In general.—Except as provided in subparagraph (B), the authority to carry out prototype projects under the pilot program established under paragraph (1) shall terminate on September 30, 2025.
“(B) Ongoing project exception.—Subparagraph (A) shall not apply with respect to prototype projects being carried out under the pilot program established under paragraph (1) on the date described in subparagraph (A).”
“(1) have”
“(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.”
“(B) if applicable, a summary of the management practice that contributed to an improvement to schedule or performance or a reduction in cost relating to the transition of technology;
“(C) an identification of any program executive officer (as defined in section 1737 of this title) responsible for implementation or oversight of research results, technology development, prototype development, or management practices (as applicable) for which an award was made under this section, and a brief summary of lessons learned by such program executive officer in carrying out such implementation or oversight;”
“(f) Congressional Notification.—The Secretary of Defense shall notify the congressional defense committees within 30 days after funding has been provided for a proposal selected for an award under the pilot program established under this section.”
“(l) Periodic Review.—
“(1) Recommendation.—Not later than November 1, 2024, and every five years thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall review each item described in subsections (a) and (e) of this section and submit to the congressional defense committees, in writing, one of the following recommendations:
“(A) Recommend continued inclusion of the item under this section.
“(B) Recommend continued inclusion of the item under this section with modifications.
“(C) Recommend discontinuing inclusion of the item under this section.
“(2) Elements.—Each review required under paragraph (1) shall include, with respect to the five-year period preceding the date of submission of the written determination related to such a review, the following elements:
“(A) The criticality of the item reviewed to a military unit’s mission accomplishment or other national security objectives.
“(B) The extent to which such item is fielded in current programs of record.
“(C) The number of such items to be procured by current programs of record.
“(D) The extent to which cost and pricing data for such item has been deemed fair and reasonable.
“(3) Justification.—The written determination required under paragraph (1) shall also include the findings of the applicable review conducted under such paragraph and any key justifications for the recommendation.”
“(f) Association Recognition and Duties.—Eligible entities that provide procurement technical assistance pursuant to this chapter may form an association to pursue matters of common concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall—
“(1) recognize the existence and activities of such an association; and
“(2) jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.”
Ҥ 4661. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region
“(a) Prohibition on the Availability of Funds for Certain Procurements From XUAR.—None of the funds authorized to be appropriated by a national defense authorization Act or any other Act, or otherwise made available for any fiscal year for the Department of Defense, may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a ‘poverty alleviation’ or ‘pairing assistance’ program.
“(b) Definitions.—In this section, the terms ‘forced labor’ and ‘XUAR’ have the meanings given, respectively, in section 2496 of this title.”
“4661. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.”.
“(m) Annual Collection of Performance Data.—The Director of the Office of Small Business Programs shall—
“(1) maintain outcome-based performance goals and annually collect data through an automated information system (if practicable) assessing such goals; and
“(2) conduct an independent review of the Mentor-Protege Program established under this section at least once every three years.”
; and
“(n) Definitions.—In this section:
“(1) The term ‘affiliation’, with respect to a relationship between a mentor firm and a protege firm, means a relationship described under section 121.103 of title 13, Code of Federal Regulations (or any successor regulation).
“(2) The term ‘disadvantaged small business concern’ means a firm that is not more than the size standard corresponding to its primary North American Industry Classification System code, is not owned or managed by individuals or entities that directly or indirectly have stock options or convertible securities in the mentor firm, and is—
“(A) a small business concern owned and controlled by socially and economically disadvantaged individuals;
“(B) a business entity owned and controlled by an Indian tribe as defined by section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13));
“(C) a business entity owned and controlled by a Native Hawaiian Organization as defined by section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15));
“(D) a qualified organization employing severely disabled individuals;
“(E) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D));
“(F) a small business concern owned and controlled by service–disabled veterans (as defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)));
“(G) a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b))); or
“(H) a small business concern that—
“(i) is a nontraditional defense contractor, as such term is defined in section 3014 of this title; or
“(ii) currently provides goods or services in the private sector that are critical to enhancing the capabilities of the defense supplier base and fulfilling key Department of Defense needs.
“(3) The term ‘historically Black college and university’ means any of the historically Black colleges and universities referred to in section 2323 of this title, as in effect on March 1, 2018.
“(4) The term ‘minority institution of higher education’ means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)(3), (4), and (5)).
“(5) The term ‘qualified organization employing the severely disabled’ means a business entity operated on a for-profit or nonprofit basis that—
“(A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and integrates severely disabled individuals into its workforce;
“(B) employs severely disabled individuals at a rate that averages not less than 20 percent of its total workforce;
“(C) employs each severely disabled individual in its workforce generally on the basis of 40 hours per week; and
“(D) pays not less than the minimum wage prescribed pursuant to section 6 of the Fair Labor Standards Act (29 U.S.C. 206) to those employees who are severely disabled individuals.
“(6) The term ‘severely disabled individual’ means an individual who is blind (as defined in section 8501 of title 41) or a severely disabled individual (as defined in such section).
“(7) The term ‘small business concern’ has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).
“(8) The term ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
“(9) The term ‘subcontracting participation goal’, with respect to a Department of Defense contract, means a goal for the extent of the participation by disadvantaged small business concerns in the subcontracts awarded under such contract, as established pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d)).”
“4902. Department of Defense Mentor–Protege Program.”.
“(b) Goods and Services Covered.—
“(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—
“(A) on the munitions list of the International Traffic in Arms Regulations; or
“(B) on the Commerce Control List that—
“(i) are classified in the 600 series; or
“(ii) contain strategic and critical materials, rare earth elements, or energetic materials used to manufacture missiles or munitions.
“(2) Exceptions.—Goods and services described in this subsection do not include goods or services procured—
“(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;
“(B) for testing purposes; or
“(C) for purposes of gathering intelligence.”
; and
“(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).
“(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.”
“(4) 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).”
; and
“(6) The term ‘Non-SDN Chinese military-industrial complex company’ means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List—
“(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 National Defense Authorization Act for Fiscal Year 2023; and
“(B) maintained by the Office of Foreign Assets Control of the Department of the Treasury.
“(7) The term ‘other covered company’ means a company that—
“(A) is owned or controlled by the government of the People’s Republic of China; and
“(B) is certified by the Secretary of Defense to the congressional defense committees to be a company that must be covered by this section for national security reasons.
“(8) The term ‘strategic and critical materials’ means materials designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).”
; and
“(f) Effective Date.—With respect to goods and services described in clause (ii) of subparagraph (b)(1)(B), the prohibition shall take effect 180 days after the date on which the Secretary of Defense certifies to the congressional defense committees that a sufficient number of commercially viable providers exist outside of the People’s Republic of China that collectively can provide the Department of Defense with satisfactory quality and sufficient quantity of such goods or services as and when needed at United States market prices.”
“(4) Additional requirements for scorecards.—The scorecard shall include, for each Federal agency and Governmentwide, the following information with respect to prime contracts:
“(A) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by women through sole source contracts and competitions restricted to small business concerns owned and controlled by women under section 8(m).
“(B) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by qualified HUBZone small business concerns through sole source contracts and competitions restricted to qualified HUBZone small business concerns under section 31(c)(2).
“(C) The number (expressed as a percentage) and total dollar amount of awards made to small business concerns owned and controlled by service-disabled veterans through sole source contracts and competitions restricted to small business concerns owned and controlled by service-disabled veterans under section 36.
“(D) The number (expressed as a percentage) and total dollar amount of awards made to socially and economically disadvantaged small business concerns under section 8(a) through sole source contracts and competitions restricted to socially and economically disadvantaged small business concerns, disaggregated by awards made to such concerns that are owned and controlled by individuals and awards made to such concerns that are owned and controlled by an entity.”
“(6) Scorecard defined.—In this subsection, the term ‘scorecard’ means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that—
“(A) includes the measures described in paragraph (2); and
“(B) assigns a score to each Federal agency evaluated.”
“(1) Bundled or consolidated contract defined.—In this subsection, the term ‘bundled or consolidated contract’ has the meaning given in subsection (s).”
“(8) One of the Assistant Secretaries is the Assistant Secretary of Defense for Cyber Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for cyber. The Assistant Secretary is the Principal Cyber Advisor described in section 392a(a) of this title.”
“(e) The number of Deputy Assistant Secretaries of Defense may not exceed 60.”
“(14) assess the need to retain or modify the relationships, authorities, roles, and responsibilities of the Principal Cyber Advisor described in section 392a(a) of title 10, United States Code;
“(15) assess the organizational construct of the Department of Defense and how authorities, roles, and responsibilities for matters relating to cyber activities are distributed among the Under Secretaries, Assistant Secretaries, and Deputy Assistant Secretaries of Defense and among civilian officials within the military departments with roles and responsibilities relating to cyber activities;
“(16) make recommendations for changes to statutes affecting the organizational construct of the Department of Defense to improve the oversight, management, and coordination of—
“(A) policies, programs, and strategies relating to cyber activities;
“(B) the execution of the authorities of the United States Cyber Command; and
“(C) other matters relating to cyber activities; and”
“(A) The Chief Information Officers of the military departments, or their designees.”
; and
“(iv) The Chief Data and Artificial Intelligence Officer of the Department of Defense.”
“(6) Development and implementation of a uniform methodology for tracking and assessing cost savings and cost avoidance from reform initiatives.
“(7) Implementation of reform-focused research to improve management and administrative science.
“(8) Tracking and implementation of technological approaches to improve management decision-making, such as artificial intelligence tools.”
“(2) Except during time of hostilities or imminent threat of hostilities, the President shall—
“(A) not more than 60 days after establishing a new combatant command—
“(i) notify Congress of the establishment of such command; and
“(ii) provide to Congress a briefing on the establishment of such command; and
“(B) not more than 60 days after significantly revising the missions, responsibilities, or force structure of an existing combatant command—
“(i) notify Congress of such revisions; and
“(ii) provide to Congress a briefing on such revisions.”
“(1) Report required.—
“(A) In general.—Not later than March 31, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the appropriate alignment of electromagnetic spectrum operations responsibilities and functions.
“(B) Considerations.—In developing the report required by subparagraph (A), the Secretary of Defense shall consider the following:
“(i) The appropriate role of each existing organization and element of the Department of Defense with responsibilities or functions relating to electromagnetic spectrum operations and the potential establishment of a new entity dedicated electromagnetic spectrum operations within one or more of those organizations or elements.
“(ii) Whether the organizational structure responsible for electromagnetic spectrum operations within the Department—
“(I) should be a unitary structure, in which a single organization or element is primarily responsible for all aspects of such operations; or
“(II) a hybrid structure, in which separate organizations or elements are responsible for different aspects of electromagnetic spectrum operations.
“(iii) The resources required to fulfill the specified responsibilities and functions.”
; and
“(h) Annual Report on Plan Colombia.—Not later than 30 days after the end of each fiscal year from 2023 to 2025, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes the following:
“(1) An assessment of the threat to Colombia from narcotics trafficking and activities by organizations designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
“(2) A description of the plan of the Government of Colombia for the unified campaign described in subsection (a).
“(3) A description of the activities supported using the authority provided by subsection (a).
“(4) An assessment of the effectiveness of the activities described in paragraph (3) in addressing the threat described in paragraph (1).”
“(J) For any class of battle force ship for which the procurement of the final ship of the class is proposed in the relevant future-years defense program submitted under section 221 of this title—
“(i) a description of the expected specific effects on the Navy shipbuilding industrial base of—
“(I) the termination of the production program for the ship and the transition to a new or modified production program, or
“(II) the termination of the production program for the ship without a new or modified production program to replace it; and
“(ii) in the case of any such production program for which a replacement production program is proposed, a detailed schedule for the replacement production program with planned decision points, solicitations, and contract awards.”
“8026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation or amphibious force structure and capability.”.
“(g) In this section, the term ‘amphibious warfare ship’ means a ship that is classified as an amphibious assault ship (general purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD), an amphibious transport dock (LPD), or a dock landing ship (LSD).”
“(e) Amphibious Warfare Ships.—In preparing each assessment and requirement under subsection (a), the Commandant of the Marine Corps shall be specifically responsible for developing the requirements relating to amphibious warfare ships.”
Ҥ 8696. Battle force ship employment, maintenance, and manning baseline plans
“(a) In General.—Not later than 45 days after the date of the delivery of the first ship in a new class of battle force ships, the Secretary of the Navy shall submit to the congressional defense committees a report on the employment, maintenance, and manning baseline plans for the class, including a description of the following:
“(1) The sustainment and maintenance plans for the class that encompass the number of years the class is expected to be in service, including—
“(A) the allocation of maintenance tasks among organizational, intermediate, depot, or other activities;
“(B) the planned duration and interval of maintenance for all depot-level maintenance availabilities; and
“(C) the planned duration and interval of drydock maintenance periods.
“(2) Any contractually required integrated logistics support deliverables for the ship, including technical manuals, and an identification of—
“(A) the deliverables provided to the Government on or before the delivery date; and
“(B) the deliverables not provided to the Government on or before the delivery date and the expected dates those deliverables will be provided to the Government.
“(3) The planned maintenance system for the ship, including—
“(A) the elements of the system, including maintenance requirement cards, completed on or before the delivery date;
“(B) the elements of the system not completed on or before the delivery date and the expected completion date of those elements; and
“(C) the plans to complete planned maintenance from the delivery date until all elements of the system have been completed.
“(4) The coordinated shipboard allowance list for the class, including—
“(A) the items on the list onboard on or before the delivery date; and
“(B) the items on the list not onboard on or before the delivery date and the expected arrival date of those items.
“(5) The ship manpower document for the class, including—
“(A) the number of officers by grade and designator; and
“(B) the number of enlisted personnel by rate and rating.
“(6) The personnel billets authorized for the ship for the fiscal year in which the ship is delivered and each of the four fiscal years thereafter, including—
“(A) the number of officers by grade and designator; and
“(B) the number of enlisted personnel by rate and rating.
“(7) Programmed funding for manning and end strength on the ship for the fiscal year in which the ship is delivered and each of the four fiscal years thereafter, including—
“(A) the number of officers by grade and designator; and
“(B) the number of enlisted personnel by rate and rating.
“(8) Personnel assigned to the ship on the delivery date, including—
“(A) the number of officers by grade and designator; and
“(B) the number of enlisted personnel by rate and rating.
“(9) For each critical hull, mechanical, electrical, propulsion, and combat system of the class as so designated by the Senior Technical Authority pursuant to section 8669b(c)(2)(C) of this title, the following:
“(A) The Government-provided training available for personnel assigned to the ship at the time of delivery, including the nature, objectives, duration, and location of the training.
“(B) The contractor-provided training available for personnel assigned to the ship at the time of delivery, including the nature, objectives, duration, and location of the training.
“(C) Plans to adjust how the training described in subparagraphs (A) and (B) will be provided to personnel after delivery, including the nature and timeline of those adjustments.
“(10) The notional employment schedule of the ship for each month of the fiscal year in which the ship is delivered and each of the four fiscal years thereafter, including an identification of time spent in the following phases:
“(A) Basic.
“(B) Integrated or advanced.
“(C) Deployment.
“(D) Maintenance.
“(E) Sustainment.
“(b) Notification Required.—Not less than 30 days before implementing a significant change to the baseline plans described in subsection (a) or any subsequent significant change, the Secretary of the Navy shall submit to the congressional defense committees written notification of the change, including for each such change the following:
“(1) An explanation of the change.
“(2) The desired outcome.
“(3) The rationale.
“(4) The duration.
“(5) The operational effects.
“(6) The budgetary effects, including—
“(A) for the year in which the change is made;
“(B) over the five years thereafter; and
“(C) over the expected service life of the relevant class of battle force ships.
“(7) The personnel effects, including—
“(A) for the year in which the change is made;
“(B) over the five years thereafter; and
“(C) over the expected service life of the relevant class of battle force ships.
“(8) The sustainment and maintenance effects, including—
“(A) for the year in which the change is made;
“(B) over the five years thereafter; and
“(C) over the expected service life of the relevant class of battle force ships.
“(c) Treatment of Certain Ships.—
(1) For the purposes of this section, the Secretary of the Navy shall treat as the first ship in a new class of battle force ships the following:
“(A) U.S.S. John F. Kennedy (CVN–79).
“(B) U.S.S. Michael Monsoor (DDG–1001).
“(C) U.S.S. Jack H. Lucas (DDG–125).
“(2) For each ship described in paragraph (1), the Senior Technical Authority shall identify critical systems for the purposes of subsection (a)(9).
“(d) Definitions.—In this section:
“(1) The term ‘battle force ship’ means the following:
“(A) A commissioned United States Ship warship capable of contributing to combat operations.
“(B) A United States Naval Ship that contributes directly to Navy warfighting or support missions.
“(2) The term ‘delivery’ has the meaning provided for in section 8671 of this title.
“(3) The term ‘Senior Technical Authority’ has the meaning provided for in section 8669b of this title.”
“8696. Battle force ship employment, maintenance, and manning baseline plans.”.
“(j) Withholding of Certain Information.—Pursuant to subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5 United States Code, the Secretary concerned may withhold from public disclosure information and data about the location or related artifacts of a sunken military craft under the jurisdiction of the Secretary, if such disclosure would increase the risk of the unauthorized disturbance of one or more sunken military craft.”
“(1) Afghanistan.”
Ҥ 130a. Department of Defense support for funerals and memorial events for Members and former Members of Congress
“(a) Support for Funerals.—Subject to subsection (b), the Secretary of Defense may provide such support as the Secretary considers appropriate for a funeral or memorial event for a Member or former Member of Congress, including support with respect to transportation to and from such a funeral or memorial event, in accordance with this section.
“(b) Requests for Support; Secretary Determination.—The Secretary may provide support under this section—
“(1) upon request from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, or the Minority Leader of the Senate; or
“(2) if the Secretary determines such support is necessary to carry out duties or responsibilities of the Department of Defense.
“(c) Use of Funds.—The Secretary may use funds authorized to be appropriated for operation and maintenance to provide support under this section.”
“130a. Department of Defense support for funerals and memorial events for Members and former Members of Congress.”.
“(C) Travel, transportation, and subsistence expenses of foreign personnel to attend training provided by the Department of Defense under this section.”
; and
“(3) any other efforts regarding such incidents that the Secretary considers appropriate.”
; and
“(e) Covered Individuals Defined.—In this section, the term ‘covered individuals’ means—
“(1) current and former employees of the United States Government and their family members; and
“(2) current and former members of the Armed Forces and their family members.”
“(D) A detailed assessment of each specific risk that would be reduced in executing the national defense strategy required under section 113(g) of this title and the National Military Strategy required under section 139(b) of this title if such priority is funded (whether in whole or in part).”
; and
“(d) Prioritization.—Not later than 10 days after the receipt of the all of the reports referred to in subsection (a), the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, shall submit to the congressional defense committees a report that prioritizes each specific unfunded priority across all unfunded priorities submitted by officers specified in (b) according to the risk reduced in executing the national defense strategy required under section 113(g) of this title and the National Military Strategy required under section 139(b) of this title.”
Ҥ 398. Military information support operations in information environment
“(a) Congressional Notification Requirement.—
(1) Not later than 48 hours after the execution of any new military information support operation plan (in this section referred to as a ‘MISO plan’) approved by the commander of a combatant command, or any change in scope of any existing MISO plan, including any underlying MISO supporting plan, the Secretary of Defense shall promptly submit to the congressional defense committees notice in writing of such approval or execution of change in scope.
“(2) A notification under paragraph (1) with respect to a MISO plan shall include each of the following:
“(A) A description of the military information support operation program (in this section referred to as a ‘MISO program’) supported by the MISO plan.
“(B) A description of the objectives of the MISO plan.
“(C) A description of the intended target audience for military information support operation activities under the MISO plan.
“(D) A description of the tactics, techniques, and procedures to be used in executing the MISO plan.
“(E) A description of the personnel engaged in supporting or facilitating the operation.
“(F) The amount of funding anticipated to be obligated and expended to execute the MISO plan during the current and subsequent fiscal years.
“(G) The expected duration and desired outcome of the MISO plan.
“(H) Any other elements the Secretary determines appropriate.
“(3) To the maximum extent practicable, the Secretary shall ensure that the congressional defense committees are notified promptly of any unauthorized disclosure of a clandestine military support operation covered by this section. A notification under this subsection may be verbal or written, but in the event of a verbal notification, the Secretary shall provide a written notification by not later than 48 hours after the provision of the verbal notification.
“(b) Annual Report.—Not later than 90 days after the last day of any fiscal year during which the Secretary conducts a MISO plan, the Secretary shall submit to the congressional defense committees a report on all such MISO plans conducted during such fiscal year. Such report shall include each of the following:
“(1) A list of each MISO program and the combatant command responsible for the program.
“(2) For each MISO plan—
“(A) a description of the plan and any supporting plans, including the objectives for the plan;
“(B) a description of the intended target audience for the activities carried out under the plan and the means of distribution; and
“(C) the cost of executing the plan.
“(c) Prohibition on Clandestine Operations Designed to Influence Opinions and Politics in United States.—None of the funds authorized to be appropriated or otherwise made available for the Department of Defense for any fiscal year may be used to conduct a clandestine military information support operation that is designed to influence—
“(1) any political process taking place in the United States;
“(2) the opinions of United States persons;
“(3) United States policies; or
“(4) media produced by United States entities for United States persons.”
“398. Military information support operations in information environment.”.
“(B) A comprehensive list of humanitarian assistance efforts for which support was provided under this section, disaggregated by foreign partner country, amount obligated, and purpose specified in subsection (b).
“(C) A description of the manner in which such efforts address—
“(i) the humanitarian needs of the foreign partner country; and
“(ii) Department of Defense objectives and broader United States national security objectives.
“(D) A description of any transfer of nonlethal excess supplies of the Department of Defense made available for humanitarian relief purposes under section 2557 of this title, including, for each such transfer—
“(i) the date of the transfer;
“(ii) the entity to which the transfer is made; and
“(iii) the quantity of items transferred.”
“(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—
“(A) an analysis of the costs of such modification;
“(B) an assessment of the risks associated with such modification, including strategic risks, operational risks, and risks to readiness; and
“(C) a description of any strategic trade-offs associated with such modification.”
“(7) a list of all countries in which Task Force Spartan operated during the prior fiscal year;
“(8) a description of activities conducted pursuant to the operation to build the military readiness of partner forces during the prior fiscal year, including—
“(A) training exercises;
“(B) joint exercises; and
“(C) bilateral or multilateral exchanges;
“(9) an assessment of the extent to which the activities described in paragraph (8) improved—
“(A) the military readiness of such partner forces;
“(B) the national security of the United States; and
“(C) the national security of allies and partners of the United States;
“(10) a description of criteria used to make the assessment required under paragraph (9); and”
“(F) A summary of the determination of each completed civilian casualty assessment or investigation.
“(G) For each assessment or investigation of an incident that resulted in civilian casualties—
“(i) whether the Department conducted any witness interviews or site visits occurred, and if not, an explanation of why not; and
“(ii) whether information pertaining to the incident that was collected by one or more non-governmental entities was considered, if such information exists.”
; and
“(4) A description of any new or updated civilian harm policies and procedures implemented by the Department of Defense.”
“(VIII) The methodology used for making cost estimates in the evaluation of a request for assistance.
“(IX) The extent to which the fulfillment of the request for assistance affected readiness of the Armed Forces, including members of the reserve components.”
; and
“(5) in the case of aircraft to be transferred to the Governor of a State, acceptable for use by the State, as determined by the Governor.”
“(2) Expiration of right of refusal.—A right of refusal afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph (1) with regards to an aircraft shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft.”
“(g) Reporting.—Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on aircraft transferred, during the fiscal year preceding the date of such report, to—
“(1) the Secretary of Agriculture, the Secretary of Homeland Security, or the Governor of a State under this section;
“(2) the chief executive officer of a State under section 112 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1318); or
“(3) the Secretary of the Air Force or the Secretary of Agriculture under section 1098 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 881).”
Ҥ 102. Effect of certain amendments on conforming changes to tables of sections, tables of contents, and similar tabular entries
“(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.
“(b) Exceptions.—Subsection (a) shall not apply to an amendment described in such subsection when—
“(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
“(2) the amendment otherwise expressly exempts itself from the operation of this section.
“(c) Covered Defense Law.—In this section, the term ‘covered defense law’ means—
“(1) this title;
“(2) titles 32 and 37;
“(3) any national defense authorization Act that authorizes funds to be appropriated for a fiscal year to the Department of Defense; and
“(4) any other law designated in the text thereof as a covered defense law for purposes of application of this section.”
“CHAPTER 1— DEFINITIONS, RULES OF CONSTRUCTION, CROSS REFERENCES, AND RELATED MATTERS”
.
Ҥ 184. Civilian Protection Center of Excellence
“(a) Establishment.—The Secretary of Defense shall operate the Civilian Protection Center of Excellence. The purpose of the Center shall be to—
“(1) serve as the focal point for matters related to civilian casualties and other forms of civilian harm resulting from military operations involving the United States Armed Forces; and
“(2) institutionalize and advance knowledge, practices, and tools for preventing, mitigating, and responding to civilian harm.
“(b) Purpose.—The Center shall be used to—
“(1) develop standardized civilian-harm operational reporting and data management processes to improve data collection, sharing, and learning across the Department of Defense;
“(2) develop, recommend, and review guidance, and the implementation of guidance, on how the Department responds to civilian harm;
“(3) develop recommended guidance for addressing civilian harm across the full spectrum of armed conflict and for use in doctrine and operational plans;
“(4) recommend training and exercises for the prevention and investigation of civilian harm;
“(5) develop a repository of civilian casualty and civilian harm information;
“(6) capture lessons learned from assessments and investigations of civilian casualty incidents and supporting institutionalization of such lessons learned within policy, doctrine, training, exercises, and tactics, techniques, and procedures of the Department of Defense;
“(7) support the coordination and synchronization of efforts across combatant commands, the Department of State, and other relevant United States Government departments and agencies to prevent, mitigate, and respond to incidents of civilian harm;
“(8) engage with nongovernmental organizations and civilian casualty experts; and
“(9) perform such other functions as the Secretary of Defense may specify.
“(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.”
“184. Civilian Protection Center of Excellence.”.
“(3) In coordination with the efforts under paragraph (2), the Secretary of Defense shall additionally establish a program, which shall be known as the ‘Ronald V. Dellums Memorial Fellowship in STEM’, to provide financial assistance under this section to at least 30 students from communities that are underrepresented in the Department of Defense STEM workforce, not fewer of 50 percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program, the Secretary shall establish an internship program that provides each student who is awarded a fellowship under this paragraph with an internship in an organization or element of the Department of Defense, and to the extent practicable, each such student 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.”
“(b) Display of Information.—The information required to be posted under subsection (a) shall, to the extent practicable—
“(1) be posted directly on the website of the Department of Defense, in an accessible and clear format;
“(2) include corresponding documentation as links or attachments; and
“(3) include, for each contingency operation, a list of countries where the contingency operation has taken place.
“(c) Updates.—The Secretary shall ensure that all the information required to be posted under subsection (a) is updated by not later than 90 days after the last day of each fiscal year.
“(d) Contingency Operation Defined.—In this section, the term ‘contingency operation’ has the meaning given such term in section 101(a)(13) of title 10, United States Code.”
Ҥ 1599j. Restricted reports of incidents of adult sexual assault
“(a) Restricted Reports.—The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a restricted report of an alleged incident of adult sexual assault for the purpose of assisting the employee in obtaining information and access to authorized victim support services provided by the Department.
“(b) Restrictions on Disclosures and Initiating Investigations.—Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat to the employee submitting the report or to another person, a restricted report submitted pursuant to subsection (a) shall not—
“(1) be disclosed to the supervisor of the employee or any other management official; or
“(2) cause the initiation of a Federal civil or criminal investigation.
“(c) Duties Under Other Laws.—The receipt of a restricted report submitted under subsection (a) shall not be construed as imputing actual or constructive knowledge of an alleged incident of sexual assault to the Department of Defense for any purpose.
“(d) Individuals Authorized to Receive Restricted Reports.—An individual described in this subsection is an individual who performs victim advocate duties under a program for one or more of the following purposes (or any other program designated by the Secretary):
“(1) Sexual assault prevention and response.
“(2) Victim advocacy.
“(3) Equal employment opportunity.
“(4) Workplace violence prevention and response.
“(5) Employee assistance.
“(6) Family advocacy.
“(e) Definitions.—In this section:
“(1) Civilian employee.—The term ‘civilian employee’ has the meaning given the term ‘employee’ in section 2105 of title 5.
“(2) Sexual assault.—The term ‘sexual assault’ has the meaning given that term in section 920 of this title (article 120 of the Uniform Code of Military Justice), and includes penetrative offenses and sexual contact offenses.”
“1599j. Restricted reports of incidents of adult sexual assault.”.
Ҥ 4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
“(a) In General.—The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
“(b) Approval Required.—The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
“(c) Positions.—The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense that—
“(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
“(2) are critical to the successful accomplishment of an important research or technology development mission.
“(d) Rate of Basic Pay.—The pay authority specified in this subsection is authority as follows:
“(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the service acquisition executive concerned.
“(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of the military department concerned.
“(e) Limitations.—
“(1) In general.—The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
“(2) Number of positions.—The authority in subsection (a) may not be used with respect to more than five positions in each military department at any one time, unless the Under Secretary of Defense for Research and Engineering, in concurrence with the Secretaries of the military departments concerned, authorizes the transfer of positions from one military department to another.
“(3) Term of positions.—The authority in subsection (a) may be used only for positions having a term of less than five years.
“(f) Science and Technology Reinvention Laboratories of the Department of Defense Defined.—In this section, the term ‘science and technology reinvention laboratories of the Department of Defense’ means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title.”
“4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.”.
“(g) Eligibility of Department of Defense Employees in Time-limited Appointments to Compete for Permanent Appointments.—
“(1) Definitions.—In this subsection—
“(A) the term ‘Department’ means the Department of Defense; and
“(B) the term ‘time-limited appointment’ means a temporary or term appointment in the competitive service.
“(2) Eligibility.—Notwithstanding any other provision of this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of the Department serving under a time-limited appointment is eligible to compete for a permanent appointment in the competitive service when the Department is accepting applications from individuals within its own workforce, or from individuals outside its own workforce, under merit promotion procedures, if—
“(A) the employee was appointed initially under open, competitive examination under subchapter I of this chapter to the time-limited appointment;
“(B) the employee has served under 1 or more time-limited appointments within the Department for a period or periods totaling more than 2 years without a break of 2 or more years; and
“(C) the employee’s performance has been at an acceptable level of performance throughout the period or periods referred to in subparagraph (B).
“(3) Career-conditional status; competitive status.—An individual appointed to a permanent position under this section—
“(A) becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure; and
“(B) acquires competitive status upon appointment.
“(4) Former employees.—If the Department is accepting applications as described in paragraph (2), a former employee of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section shall be eligible to compete for a permanent position in the competitive service under this section if—
“(A) the employee applies for a position covered by this section not later than 2 years after the most recent date of separation; and
“(B) the employee’s most recent separation was for reasons other than misconduct or performance.
“(5) Regulations.—The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection.”
Ҥ 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security
“(a) Authority.—The Secretary of Defense may pay the expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for participation in the training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security:
“(1) Defense personnel of friendly foreign governments.
“(2) With the concurrence of the Secretary of State, other personnel of friendly foreign governments and nongovernmental personnel.
“(b) Limitation.—
“(1) In general.—Except as provided in paragraph (2), the authority provided in subsection (a) may only be used for the payment of such expenses of, and special compensation for, such personnel from developing countries.
“(2) Exception.—The Secretary may authorize the payment of such expenses of, and special compensation for, such personnel from a country other than a developing country if the Secretary determines that such payment is—
“(A) necessary to respond to extraordinary circumstances; and
“(B) in the national security interest of the United States.”
“335. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security.”.
“(E) A description of each entity with which the applicable friendly foreign country is engaged in hostilities and whether each such entity is covered by an authorization for the use of military force.”
Ҥ 386. Annual report
“(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 in which such report is submitted, using the authorities specified in subsection (b).
“(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:
“(1) A narrative summary that provides—
“(A) a brief overview of the primary security cooperation objectives for the activities encompassed by the report; and
“(B) a description of how such activities advance the theater security cooperation strategy of the relevant geographic combatant command.
“(2) A table that includes an aggregated amount with respect to each of the following:
“(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.
“(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.
“(C) With respect to section 333 of this title, the value of all programs for which notice is required by such section.
“(D) With respect to section 335 of this title, the total Department of Defense costs to fund expenses to attend training provided by the Government of Colombia that began during the period of the report.
“(E) 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.
“(F) 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.
“(G) 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.
“(H) 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.
“(3) A table that includes aggregated totals for each of the following:
“(A) Pursuant to section 311 of this title, the number of personnel from a partner country assigned to a Department of Defense organization.
“(B) Pursuant to section 332(a) of this title, the number of Department of Defense personnel assigned as advisors to a ministry of defense.
“(C) Pursuant to section 332(b) of this title, the number of activities conducted by the Department of Defense.
“(D) The number of new programs carried out during the period of the report that required notice under section 333 of this title.
“(E) With respect to section 335 of this title, the number of partner country officials who participated in training provided by the Government of Colombia that began during the period of the report.
“(F) 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.
“(G) 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.
“(H) 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.
“(I) 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.
“(J) 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.
“(4) A table that includes the following:
“(A) For each person from the partner country assigned to a Department of Defense organization pursuant to section 311 of this title—
“(i) whether the person is a member of the armed forces or a civilian;
“(ii) the rank of the person (if applicable); and
“(iii) the component of the Department of Defense and location to which such person is assigned.
“(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.
“(C) With respect to each activity commenced under section 332(b) of this title during the period of the report—
“(i) the name of the supported ministry or regional organization;
“(ii) the component of the Department of Defense that conducted the activity;
“(iii) the duration of the activity; and
“(iv) a description of the objective of the activity.
“(D) For each program that required notice to Congress under section 333 of this title during the period of the report—
“(i) the units of the national security forces of the foreign country to which assistance was provided;
“(ii) the type of operation capability assisted;
“(iii) a description of the nature of the assistance being provided; and
“(iv) the estimated cost included in the notice provided for such assistance.
“(E) With respect to each Government of Colombia training activity which included Department of Defense funded participants under section 335 of this title that commenced during the period of the report—
“(i) the units of the defense personnel of the friendly foreign country to which the Department of Defense funded assistance was provided;
“(ii) the units of the Government of Colombia that conducted the training activity;
“(iii) the duration of the training activity provided by the Government of Colombia;
“(iv) a description of the objective of the training activity provided by the Government of Colombia.
“(F) With respect to each activity commenced under section 341 of this title during the period of the report—
“(i) a description of the activity;
“(ii) the duration of the activity;
“(iii) the number of participating members of the National Guard; and
“(iv) the number of participating personnel of foreign country.
“(G) 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—
“(i) a description of the activity;
“(ii) the name of the Regional Center that sponsored the activity;
“(iii) the location and duration of the training; and
“(iv) the number of officials from the foreign country who participated the activity.
“(H) With respect to each training event that commenced under sections 343, 345, 348, 349, 350, or 352 of this title during the period of the report—
“(i) a description of the training;
“(ii) the location and duration of the training; and
“(iii) the number of personnel of the foreign country trained.
“(I) With respect to each new project approved under section 2561 of this title during the period of the report and funded through the Overseas Humanitarian Disaster and Civic Aid account—
“(i) the title of the project;
“(ii) a description of the assistance to be provided; and
“(iii) the anticipated costs to provide such assistance.”
“(3) the International Special Training Centre, established in 1979 and located in Pfullendorf, Germany.”
“(1) In general.—The Secretary of Defense may—
“(A) operate and administer a Center for Strategic Studies in Irregular Warfare, to be known as the ‘Irregular Warfare Center’, in accordance with the requirements described in subsection (c); and
“(B) carry out a program, to be known as the ‘Regional Defense Fellowship Program’, to provide for the education and training of foreign personnel described in paragraph (2) at military or civilian educational institutions, the Irregular Warfare Center, regional centers, conferences, seminars, or other training programs conducted for purposes of regional defense in connection with irregular warfare or combating terrorism.”
“(2) Covered costs.—The Secretary may pay the following costs associated with exercising the authorities under this section:
“(A) Costs of travel, subsistence, and similar personnel expenses of, and special compensation for—
“(i) defense personnel of friendly foreign governments to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program;
“(ii) with the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental personnel to attend activities of the Irregular Warfare Center or attend the Regional Defense Fellowship Program; and
“(iii) foreign personnel and United States Government personnel necessary for the administration and execution of the authorities under this section.
“(B) Costs associated with the administration and operation of the Irregular Warfare Center, including costs associated with—
“(i) research, communication, the exchange of ideas, curriculum development and review, and training of military and civilian participants of the United States and other countries, as the Secretary considers necessary; and
“(ii) maintaining an international network of irregular warfare policymakers and practitioners to achieve the objectives of the Department of Defense and the Department of State.
“(C) Costs associated with strategic engagement with alumni of the Regional Defense Fellowship Program to address Department of Defense objectives and planning on irregular warfare and combating terrorism topics.”
“(c) Irregular Warfare Center.—
“(1) Mission.—The mission of the Irregular Warfare Center shall be to serve as a central mechanism for developing the irregular warfare knowledge of the Department of Defense and advancing the understanding of irregular warfare concepts and doctrine, in collaboration with key partners and allies, by—
“(A) coordinating and aligning Department education curricula, standards, and objectives related to irregular warfare;
“(B) facilitating research on irregular warfare, strategic competition, and the role of the Department in supporting interagency activities relating to irregular warfare;
“(C) engaging and coordinating with Federal departments and agencies and with academia, nongovernmental organizations, civil society, and international partners to discuss and coordinate efforts on security challenges in irregular warfare;
“(D) developing curriculum and conducting training and education of military and civilian participants of the United States and other countries, as determined by the Secretary of Defense; and
“(E) serving as a coordinating body and central repository for irregular warfare resources, including educational activities and programs, and lessons learned across components of the Department.
“(2) Employment and compensation of faculty.—With respect to the Irregular Warfare Center—
“(A) the Secretary of Defense may, subject to the availability of appropriations, employ a Director, a Deputy Director, and such civilians as professors, instructors, and lecturers, as the Secretary considers necessary; and
“(B) compensation of individuals employed under this section shall be as prescribed by the Secretary.
“(3) Partnership with institution of higher education.—
“(A) In general.—In operating the Irregular Warfare Center, to promote integration throughout the United States Government and civil society across the full spectrum of irregular warfare competition and conflict challenges, the Secretary of Defense may partner with an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(B) Types of partnerships.—The Secretary may establish a partnership under subparagraph (A) by—
“(i) entering into an intergovernmental support agreement pursuant to section 2679 of this title; or
“(ii) entering into a contract or cooperative agreement or awarding a grant through the Defense Security Cooperation University.
“(C) Determination required.—The Secretary of Defense shall make a determination with respect to the desirability of partnering with an institution of higher education in a Government-owned, contractor-operated partnership, such as the partnership structure used by the Department of Defense for University Affiliated Research Centers, for meeting the mission requirements of the Irregular Warfare Center.
“(4) Roles and responsibilities.—The Secretary of Defense shall prescribe guidance for the roles and responsibilities of the relevant components of the Department of Defense in the administration, operation, and oversight of the Irregular Warfare Center, which shall include the roles and responsibilities of the following:
“(A) The Under Secretary of Defense for Policy and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict in policy oversight and governance structure of the Center.
“(B) The Director of the Defense Security Cooperation Agency, as the Executive Agent in support of the operation of the Center.
“(C) Any other official of the Department of Defense, as determined by the Secretary.”
“(6) A discussion of how the training from the previous year incorporated lessons learned from ongoing conflicts.”
; and
“(f) Annual Review of Irregular Warfare Center.—Not later than December 1, 2024, and annually thereafter, the Secretary of Defense—
“(1) shall conduct a review of the structure and activities of the Irregular Warfare Center to determine whether such structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable combatant commands; and
“(2) may, after an annual review under paragraph (1), revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic priorities and combatant commands.”
“345. Irregular Warfare Center and Regional Defense Fellowship Program.”.
“(9) An assessment of the status of—
“(A) defense intelligence assets dedicated to Afghanistan and used by the Department of Defense, including the types and amounts of intelligence, surveillance, and reconnaissance coverage over Afghanistan during the period covered by the report; and
“(B) the ability of the United States to detect emerging threats emanating from Afghanistan against the United States, its allies, and its partners.
“(10) An assessment of local or indigenous counterterrorism partners of the Department of Defense.
“(11) An assessment of risks to the mission and risks to United States military personnel involved in over-the-horizon counterterrorism operations.
“(12) An update on Department of Defense efforts to secure new basing or access agreements with countries in Central Asia.
“(13) An update on the policy guidance for counterterrorism operations of the Department of Defense in Afghanistan.”
; and
“(C) the types and amount of support to be assessed under subparagraph (B) shall include support provided to Lebanese Hezbollah, Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, Asa’ib ahl al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid al-Shuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr Organization, the Fatemiyoun, the Zainabiyoun, and Ansar Allah (also known as the ‘Houthis’);
“(D) the threat from Special Groups in Iraq, including Kata’ib Hezbollah and Asa’ib Ahl al-Haq, to United States and coalition forces located in Iraq and Syria;”
; and
“(J) all formal or informal agreements involving a strategic military or security partnership with the Russian Federation, the People’s Republic of China, or any proxies of either such country.”
“(a) Authority to Provide Assistance.—
“(1) In general.—Amounts available for a fiscal year under subsection (f) shall be available to the Secretary of Defense, with the concurrence of the Secretary of State, to provide, for the purposes described in paragraph (2), appropriate security assistance and intelligence support, including training, equipment, and logistics support, supplies and services, salaries and stipends, and sustainment, to—
“(A) the military and national security forces of Ukraine; and
“(B) other forces or groups recognized by, and under the authority of, the Government of Ukraine, including governmental entities within Ukraine that are engaged in resisting Russian aggression.
“(2) Purposes described.—The purposes described in this paragraph are as follows:
“(A) To enhance the capabilities of the military and other security forces of the Government of Ukraine to defend against further aggression.
“(B) To assist Ukraine in developing the combat capability to defend its sovereignty and territorial integrity.
“(C) To support the Government of Ukraine in defending itself against actions by Russia and Russian-backed separatists.”
“(4) Manned and unmanned aerial capabilities, including tactical surveillance systems and fixed and rotary-wing aircraft, such as attack, strike, airlift, and surveillance aircraft.”
“(6) Waiver of certification requirement.—The Secretary of Defense, with the concurrence of the Secretary of the State, 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 after 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.”
“(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:
“(A) An identification of the recipient foreign country.
“(B) A detailed description of the articles to be provided, including the dollar value, origin, and capabilities associated with the articles.
“(C) A detailed description of the articles provided to Ukraine to be replenished, including the dollar value, origin, and capabilities associated with the articles.
“(D) The impact on United States stocks and readiness of transferring the articles.
“(E) An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles.”
“(8) For fiscal year 2023, $800,000,000.”
“(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—
“(1) the objectives of such assistance or support;
“(2) the budget for such assistance or support; and
“(3) the expected or estimated timeline for delivery of such assistance or support.”
“(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.
“(25) A detailed description of—
“(A) how Russian private military companies are being utilized to advance the political, economic, and military interests of the Russian Federation;
“(B) the direct or indirect threats Russian private military companies present to United States security interests; and
“(C) how sanctions that are currently in place to impede or deter Russian private military companies from continuing their malign activities have impacted the Russian private military companies’ behavior.”
; and
“(iv) the Middle East.”
“(F) Special operations capabilities.”
“(f) Availability of Funds for Coast Guard Personnel and Capabilities.—The Secretary of Defense may use funds made available under this section to facilitate the participation of Coast Guard personnel in, and the use of Coast Guard capabilities for, training, exercises, and other activities with foreign countries under this section.”
“(D) ceased committing genocide in China, as articulated in the Department of State’s Country Report on Human Rights Practices released on April 12, 2022, and engaged in a credible justice and accountability process for all victims of such genocide.”
“(vii) A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller), that compares the independent assessment of the Commander of the United States Indo-Pacific Command with the amounts contained in the budget display for the applicable fiscal year under subsection (f).”
Ҥ 2350r. North Atlantic Treaty Organization Special Operations Headquarters
“(a) Authorization.—Of the amounts authorized to be appropriated for each fiscal year for operation and maintenance for the Army, the Secretary of Defense is authorized to use up to $50,000,000, to be derived from amounts made available for support of North Atlantic Treaty Organization (referred to in this section as ‘NATO’) operations, for each such fiscal year for the purposes set forth in subsection (b).
“(b) Purposes.—The Secretary shall provide funds for the NATO Special Operations Headquarters—
“(1) to improve coordination and cooperation between the special operations forces of NATO countries and countries approved by the North Atlantic Council as NATO partners;
“(2) to facilitate joint operations by the special operations forces of NATO countries and such NATO partners;
“(3) to support special operations forces peculiar command, control, and communications capabilities;
“(4) to promote special operations forces intelligence and informational requirements within the NATO structure; and
“(5) to promote interoperability through the development of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and training program.”
“2350r. North Atlantic Treaty Organization Special Operations Headquarters.”.
“SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.
“(a) Establishment.—There is established a Strategic and Critical Materials Board of Directors (in this Act referred to as the ‘Board’).
“(b) Members.—The Board shall be composed, at a minimum, of the following:
“(1) The Assistant Secretary of Defense for Industrial Base Policy, who shall serve as chairman of the Board.
“(2) One designee of each of the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of the Interior.
“(3) One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the House Committee on Armed Services.
“(4) One designee of each of the Chairman and Ranking Member of the Readiness Subcommittee of the Senate Committee on Armed Services.
“(5) Four designees of the chairman of the Board, who shall have expertise relating to military affairs, defense procurement, production of strategic and critical materials, finance, or any other disciplines deemed necessary by the chairman to conduct the business of the Board.
“(c) Duties of the Board.—In addition to other matters assigned to it by the chairman, the Board shall conduct the following, without power of delegation:
“(1) Adopt by-laws that ensure sufficient oversight, governance, and effectiveness of the National Defense Stockpile program.
“(2) Elect or remove Board members.
“(3) Advise the National Defense Stockpile Manager.
“(4) Establish performance metrics and conduct an annual performance review of the National Defense Stockpile Manager.
“(5) Set compensation for the National Defense Stockpile Manager.
“(6) Review and approve the annual budget of the National Defense Stockpile program and conduct appropriate reviews of annual financial statements.
“(7) Re-allocate budget resources within the annual budget of the National Defense Stockpile program.
“(8) Review and approve the Annual Materials and Operations Plan required by section 11(a)(2) of this Act, including a review of the projected domestic and foreign economic effects of proposed actions to be taken under the Annual Materials and Operations Plan.
“(9) Complete and submit the annual Board Report, in accordance with section 11(b)(2) of this Act.
“(10) Recommend to the Secretary of Defense—
“(A) a strategy to ensure a secure supply of materials designated as critical to national security; and
“(B) such other strategies as the Board considers appropriate to strengthen the industrial base with respect to materials critical to national security.
“(d) Board Meetings.—The Board shall meet as determined necessary by the chairman but not less frequently than once every year to fulfill the duties described in subsection (c).
“(e) Application of Federal Advisory Committee Act.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board.
“(f) Definitions.—In this section:
“(1) Materials critical to national security.—The term ‘materials critical to national security’ means materials—
“(A) upon which the production or sustainment of military equipment is dependent; and
“(B) the supply of which could be restricted by actions or events outside the control of the Government of the United States.
“(2) Military equipment.—The term ‘military equipment’ means equipment used directly by the Armed Forces to carry out military operations.
“(3) Secure supply.—The term ‘secure supply’, with respect to a material, means the availability of a source or sources for the material, including the full supply chain for the material and components containing the material.”
“SEC. 11. REPORTS.
“(a) Reports to the Board.—The National Defense Stockpile Manager shall submit to the Board the following:
“(1) Not later than 40 calendar days after the last day of each of the first three fiscal quarters in each fiscal year, unaudited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal quarter.
“(2) Not later than 60 calendar days after the conclusion of the fourth quarter of each fiscal year—
“(A) audited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal year; and
“(B) an Annual Materials and Operations Plan for the forthcoming year.
“(b) Reports to Congress.—
“(1) Reports by national defense stockpile manage.—Not later than 90 days after the conclusion of the fourth quarter of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report that shall include—
“(A) information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year;
“(B) information with respect to the acquisition and disposal of materials under this Act by barter, during such fiscal year;
“(C) information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials;
“(D) information with respect to the research and development activities conducted under section 8 of this Act;
“(E) audited annual financial statements for the Strategic and Critical Materials Fund;
“(F) other pertinent information on the administration of this Act as will enable the Congress to evaluate the effectiveness of the program;
“(G) details of all planned expenditures from the Strategic and Critical Materials Fund over the Future Years’ Defense Program and anticipated receipts from proposed disposals of stockpile materials; and
“(H) the report required by paragraph (2).
“(2) Report by the board.—The Board shall prepare a written report to accompany the report required by paragraph (1) which shall include—
“(A) the activities of the Board to carry out the duties listed in section 10(c) of this Act; and
“(B) the most recent Annual Materials and Operations Plan submitted under subsection (a)(2)(B).”
“(3) Using funds appropriated for acquisition of materials under this Act, 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.”
; and
“(f)
(1) Not later than March 1 each year, the National Defense Stockpile Manager shall provide to the congressional defense committees a briefing on strategic and critical materials that—
“(A) are determined to be in shortfall in the most recent report on stockpile requirements submitted under subsection (a); and
“(B) the acquisition or disposal of which is included in the Annual Materials and Operations Plan for the operation of the stockpile during the next fiscal year submitted under section 11(b).
“(2) Each briefing required by paragraph (1) shall include—
“(A) a description of each material described in that paragraph, including the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall;
“(B) an estimate of additional amounts required to provide such funding, if any; and
“(C) an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain.”
“(4) Budget review.—
(A) The Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the Secretaries of the military departments and the heads of the Defense agencies with responsibilities associated with any activity specified in paragraph (2) to transmit the proposed budget for such activities for a fiscal year and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year to the Principal Cyber Advisor for review under subparagraph (B) before submitting the proposed budget to the Under Secretary of Defense (Comptroller).
“(B) The Principal Cyber Advisor shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary of Defense a report containing the comments of the Principal Cyber Advisor with respect to all such proposed budgets, together with the certification of the Principal Cyber Advisor regarding whether each proposed budget is adequate.
“(C) Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report specifying each proposed budget that the Principal Cyber Advisor did not certify to be adequate. The report of the Secretary shall include the following matters:
“(i) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budgets specified in the report.
“(ii) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.”
“§ 392a. Principal Cyber Advisors”
“(1) Establishment.—There is a Principal Cyber Advisor in the Department of Defense.”
; and
Ҥ 391a. Annual reports on support by military departments for United States Cyber Command
“(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 a fiscal year, the Commander of the United States Cyber Command shall submit to the congressional defense committees a report containing the following:
“(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, and is effectively implementing the plan required by section 1534 of the National Defense Authorization Act for Fiscal Year 2023, and the requirements established pursuant to section 1533 of such Act.
“(2) For each military department evaluated under paragraph (1)—
“(A) a certification that the military department is meeting such requirements; or
“(B) a detailed explanation regarding how the military department is not meeting such requirements.
“(b) Elements of Evaluation.—Each evaluation under subsection (a)(1) shall include, with respect to the military department being evaluated, the following:
“(1) The adequacy of the policies, procedures, and execution of manning, training, and equipping personnel for employment within the Cyber Mission Force.
“(2) The sufficiency and robustness of training curricula for personnel to be assigned to either the Cyber Mission Force or units within the cyberspace operations forces, and the compliance by the military department with training standards.
“(3) 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.
“(4) The efficacy of the military department in filling key work roles within the Cyber Mission Force, including the proper force mix of civilian, military, and contractor personnel, and the means necessary to meet requirements established by the Commander and validated by the Secretary of Defense.
“(5) The adequacy of the investment to advance cyber-peculiar science and technology, particularly with respect to capability development for the Cyber Mission Force.
“(6) The sufficiency of the policies, procedures, and investments relating to the establishment and management of military occupational specialty, designator, rating, or Air Force specialty code for personnel responsible for cyberspace operations, including an assessment of the effectiveness of the combination of policies determining availability and retention of sufficient numbers of proficient personnel in key work roles, including length of service commitment, the use of bonuses and special pays, alternative compensation mechanisms, and consecutive tours in preferred assignments.
“(7) In coordination with the Principal Cyber Advisor of the Department of Defense, an evaluation of the use by the military department of the shared lexicon of the Department of Defense specific to cyberspace activities.
“(8) The readiness of personnel serving in the Cyber Mission Force and the cyberspace operations forces to accomplish assigned missions.
“(9) The adequacy of actions taken during the period of evaluation by the military department to respond to findings from any previous years’ evaluations.
“(10) Any other element determined relevant by the Commander.”
“(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).”
“(e) Implementation.—Not later than May 1, 2023, the Commanding Officer of Navy Cyber Warfare Development Group shall submit to the congressional defense committees an independent review of the study under subsection (a). The review shall include, at a minimum, evaluations of—
“(1) the value of the study to the Navy Cyber Warfare Development Group and to the Navy;
“(2) any recommendations not considered or included as part of the study;
“(3) the implementation of subsection (b); and
“(4) other matters as determined by the Commanding Officer.
“(f) Update to Congress.—Not later than July 1, 2023, the Secretaries of the military departments and the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall provide to the congressional defense committees a briefing on activities taken during the period following the date of the briefing provided under subsection (d), including an examination of establishing Tailored Cyberspace Operations Organizations and use of the authority provided pursuant to subsection (c).
“(g) Air Force Actions.—Not later than July 1, 2023, the Secretary of the Air Force shall submit to the congressional defense committees a review of the activities of the Navy Cyber Warfare Development Group, including with respect to the authorities of the Group. The review shall include the following:
“(1) An assessment of whether such authorities shall be conferred on the 90th Cyberspace Operations Squadron of the Air Force.
“(2) A consideration of whether the 90th Cyberspace Operations Squadron should be designated a controlled tour, as defined by the Secretary.”
“(f) Support Center.—
“(1) Establishment.—The Secretary shall establish a center to provide support to the consortium established under subsection (a).
“(2) Composition.—
“(A) Requirement.—The center established under paragraph (1) shall be composed of one or two universities, as the Secretary considers appropriate, that—
“(i) have been designated as centers of academic excellence by the Director of the National Security Agency or the Secretary of Homeland Security; and
“(ii) are eligible for access to classified information.
“(B) Publication.—The Secretary shall publish in the Federal Register the process for selection of universities to serve as the center established under paragraph (1).
“(3) Functions.—The functions of the center established under paragraph (1) are as follows:
“(A) To promote the consortium established under subsection (a).
“(B) To distribute on behalf of the Department requests for information or assistance to members of the consortium.
“(C) To collect and assemble responses from requests distributed under subparagraph (B).
“(D) To provide additional administrative support for the consortium.”
Ҥ 399. Notifications relating to military operations in the information environment: requirement to notify Chief of Mission
“The Secretary may not authorize a military operation in the information environment under this title intended to cause an effect in a country unless the Secretary fully informs the chief of mission for that country under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) of the planned operation.”
Ҥ 1124a. Cyber operations-peculiar awards
“(a) Authority.—The Secretary of Defense and the Secretaries of the military departments may authorize the payment of a cash award to, and incur necessary expense for the honorary recognition of, a member of the covered armed forces whose novel actions, invention, or technical achievement enables or ensures operational outcomes in or through cyberspace against threats to national security.
“(b) Actions During Service.—An award under this section may be paid notwithstanding the member’s death, separation, or retirement from the covered armed forces. However, the novel action, invention, or technical achievement forming the basis for the award must have been made while the member was on active duty or in an active reserve status and not otherwise eligible for an award under chapter 45 of title 5.
“(c) Payment.—Awards to, and expenses for the honorary recognition of, members of the covered armed forces under this section may be paid from—
“(1) the funds or appropriations available to the activity primarily benefiting from the novel action, invention, or technical achievement; or
“(2) the several funds or appropriations of the various activities benefiting from the novel action, invention, or technical achievement.
“(d) Amounts.—The total amount of the award, or awards, made under this section for a novel action, invention, or technical achievement may not exceed $2,500, regardless of the number of persons who may be entitled to share therein.
“(e) Regulations.—Awards under this section shall be made under regulations to be prescribed by the Secretary of Defense or by the Secretaries of the military departments.
“(f) Covered Armed Forces Defined.—In this section, the term ‘covered armed forces’ means the Army, Navy, Air Force, Marine Corps, and Space Force.”
Ҥ 398. Pilot program for sharing cyber capabilities and related information with foreign operational partners
“(a) Authority to Establish Pilot Program to Share Cyber Capabilities.—The Secretary of Defense may, with the concurrence of the Secretary of State, provide cyber capabilities and related information developed or procured by the Department of Defense to foreign countries or organizations described in subsection (b) without compensation, to meet operational imperatives if the Secretary of Defense determines that the provision of such cyber capabilities is in the national security interests of the United States.
“(b) List of Foreign Countries.—The Secretary of Defense, with the concurrence of the Secretary of State, shall—
“(1) establish—
“(A) a list of foreign countries that the Secretary of Defense considers suitable for sharing of cyber capabilities and related information under the authority established under paragraph (a); and
“(B) criteria for establishing the list under subparagraph (A);
“(2) not later than 14 days after establishing the list required by paragraph (a), submit to the appropriate committees of Congress such list; and
“(3) notify the appropriate committees of Congress in writing of any changes to the list established under clause (1) at least 14 days prior to the adoption of any such changes.
“(c) Procedures.—Prior to the first use of the authority provided by subsection (a), the Secretaries of Defense and State shall—
“(1) establish and submit to the appropriate committees of Congress procedures for a coordination process for subsection (a) that is consistent with the operational timelines required to support the national security of the United States; and
“(2) notify the appropriate committees of Congress in writing of any changes to the procedures established under paragraph (1) at least 14 days prior to the adoption of any such changes.
“(d) Notification Required.—
(1) The Secretary of Defense and Secretary of State jointly shall promptly submit to the appropriate committees of Congress notice in writing of any use of the authority provided by subsection (a) no later than 48 hours following the use of the authority.
“(2) Notification under paragraph (1) shall include a certification that the provision of the cyber capabilities was in the national security interests of the United States.
“(3) The notification under paragraph (1) shall include an analysis of whether the transfer and the underlying operational imperative could have been met using another authority.
“(e) Termination.—The authority established under paragraph (a) shall terminate on the date that is 3 years after the date on which this authority becomes law.
“(f) Definitions.—In this section:
“(1) The term ‘appropriate committees of Congress’ means—
“(A) the congressional defense committees;
“(B) the Committee on Foreign Relations of the Senate; and
“(C) Committee on Foreign Affairs of the House of Representatives.
“(2) The term ‘cyber capability’ means a device or computer program, including any combination of software, firmware, or hardware, designed to create an effect in or through cyberspace.
“(g) Rule of Construction.—Nothing in this section shall be construed as amending, diminishing, or otherwise impacting reporting or other obligations under the War Powers Resolution.”
“398. Pilot program for sharing cyber capabilities and related information with foreign operational partners.”.
Ҥ 2275a. Requirements for protection of satellites
“(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.
“(b) Definitions.—In this section:
“(1) The term ‘major satellite acquisition program’ has the meaning given that term in section 2275 of this title.
“(2) The term ‘Milestone A approval’ has the meaning given that term in section 4251 of this title 10.”
“(a) Program.—The Secretary of the Air Force shall ensure that the Space Force has a tactically responsive space capability that—
“(1) addresses all lifecycle elements; and
“(2) addresses rapid deployment and reconstitution requirements—
“(A) to provide long-term continuity for tactically responsive space capabilities across the future-years defense program submitted to Congress under section 221 of title 10, United States Code;
“(B) to continue the development of concepts of operations, including with respect to tactics, training, and procedures;
“(C) to develop appropriate processes for tactically responsive space launch, including—
“(i) mission assurance processes; and
“(ii) command and control, tracking, telemetry, and communications; and
“(D) to identify basing requirements necessary to enable tactically responsive space capabilities.”
“(b) Requirements.—The Chief of Space Operations shall establish tactically responsive requirements for all national security space capabilities, if applicable, carried out under title 10, United States Code.”
“(B) The entire end-to-end tactically responsive space capability, including with respect to the launch vehicle, ground infrastructure, bus, payload, operations and on-orbit sustainment.”
; and
“(e) Quarterly Briefing.—On a quarterly basis, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with elements of the Department of Defense that the Assistant Secretary determines appropriate, 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—
“(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;
“(2) an overview of the authorities and legal issues, including limitations, relating to such activities; and
“(3) any other matters the Assistant Secretary considers appropriate.”
“SEC. 492b. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED ACTIVITIES.
“(a) In General.—On or about May 1 and November 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relating to nuclear weapons policies, operations, technology development, and other similar topics as requested by such committees.
“(b) Officials Specified.—The officials specified in this subsection are the following:
“(1) The Assistant Secretary of Defense for Acquisition.
“(2) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.
“(3) The Assistant Secretary of Defense for Space Policy.
“(4) The Deputy Administrator for Defense Programs of the National Nuclear Security Administration.
“(5) The Director for Strategy, Plans, and Policy of the Joint Staff.
“(6) The Director for Capability and Resource Integration for the United States Strategic Command.
“(c) Delegation.—An official specified in subsection (b) may delegate the authority to provide a briefing under subsection (a) to a member of the Senior Executive Service who reports to the official.
“(d) Termination.—The requirement to provide a briefing under subsection (a) shall terminate on January 1, 2028.”
“§ 493a. Industrial base monitoring for B–21 and Sentinel programs
“(a) Designation.—The Secretary of the Air Force, acting through the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, shall designate a senior official, who shall report to the Assistant Secretary, to monitor the combined industrial base supporting the acquisition of—
“(1) B–21 aircraft; and
“(2) the Sentinel intercontinental ballistic missile weapon system.
“(b) Requirements for Monitoring.—In monitoring the combined industrial base described in subsection (a), the senior official designated under such subsection shall—
“(1) have the authority to select staff to assist the senior official from among civilian employees of the Department and members of the armed forces, who may provide such assistance concurrently while serving in another position;
“(2) monitor the acquisition by the combined industrial base of—
“(A) materials, technologies, and components associated with nuclear weapons systems; and
“(B) commodities purchased on a large scale;
“(3) monitor the hiring or contracting by the combined industrial base of personnel with critical skills; and
“(4) assess whether personnel with critical skills and knowledge, intellectual property on manufacturing processes, and facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable within the scopes of the B–21 aircraft program and the Sentinel intercontinental ballistic missile weapon system program.
“(c) Annual Report.—At the same time as the submission of the budget of the President pursuant to section 1105(a) of title 31 for a fiscal year, the Secretary shall submit to the congressional defense committees a report with respect to the status of the combined industrial base described in subsection (a).”
“(10) With respect to nuclear warheads—
“(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
“(B) if any such risk exists, proposing and analyzing adjustments to such requirements and schedules.”
; and
“(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.”
“(f) Budget and Funding Matters.—
(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.
“(2)
(A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) and make a determination under subparagraph (B) regarding the adequacy of each such request. Not later than 30 days after making such a determination, the Council shall notify the congressional defense committees that such a determination has been made.
“(B)
(i) If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.
“(ii) If the Council determines that a budget request for a fiscal year transmitted to the Council under section 4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.
“(iii) The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
“(3) 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:
“(A) The results of the assessment conducted under paragraph (1) with respect to that budget.
“(B) An evaluation of—
“(i) whether the funding requested for the National Nuclear Security Administration in such budget—
“(I) enables the Administrator for Nuclear Security to meet requirements relating to nuclear weapons for such fiscal year; and
“(II) is adequate to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year; and
“(ii) whether the plans and budget reviewed under paragraph (1) will enable the Administrator to meet—
“(I) the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C. 2538a(a)); and
“(II) any other requirements under Federal law.
“(C) If the evaluation 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))—
“(i) an explanation for why the plans and budget will not enable the Administrator to meet such requirements; and
“(ii) proposed alternative plans, budget, or requirements by the Council to meet such requirements.
“(4) If a member of the Council does not concur in any assessment or evaluation under this subsection, the report or other information required to be submitted to the congressional defense committees regarding such assessment or evaluation shall include a written explanation from the non-concurring member describing the reasons for the member’s nonconcurrence.
“(5)
(A) 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 Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
“(i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered by the budget and the four subsequent fiscal years; and
“(ii) if the Commander determines that such budget does not allow the Federal Government to meet such requirements, a description of the steps being taken to meet such requirements.
“(B) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the Commander of the United States Strategic Command under subparagraph (A), the Chairman shall submit to the congressional defense committees—
“(i) such assessment as it was submitted to the Chairman; and
“(ii) any comments of the Chairman.
“(6) In this subsection, the term ‘budget’ has the meaning given that term in section 231(f) of this title.”
“(2) Review.—The Council shall review each budget request transmitted to the Council under paragraph (1) in accordance with section 179(f) of title 10, United States Code.”
; and
Ҥ 499c. Portfolio management framework for nuclear forces
“(a) Requirement.—Not later than January 1, 2024, the Secretary of Defense shall—
“(1) implement a portfolio management framework for nuclear forces of the United States that—
“(A) specifies the portfolio of nuclear forces covered by the framework;
“(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;
“(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, acting through the Under Secretary of Defense for Acquisition and Sustainment, will coordinate such identification, management, and prioritization with the Administrator for Nuclear Security using the coordination processes of the Nuclear Weapons Council; and
“(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
“(2) complete a comprehensive assessment of the portfolio management capabilities required to identify and manage risk in the portfolio of nuclear forces, including how to draw upon public and private sector resources and the program management expertise within the Defense Acquisition University.
“(b) Annual Briefings; Notifications.—
(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 through the date specified in subsection (c), 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—
“(A) the current and projected operational requirements for nuclear forces that were used for such identification, management, and prioritization;
“(B) key areas of risk identified; and
“(C) a description of the actions proposed or carried out to mitigate such risk.
“(2) The Secretary may provide the briefings under paragraph (1) in classified form.
“(3) If a House of Congress adopts a bill authorizing or appropriating funds that, as determined by the Secretary, provides funds in an amount that will result in a significant delay in the nuclear certification or delivery of nuclear forces, the Secretary shall notify the congressional defense committees of the determination.
“(c) Termination.—The requirements of this section shall terminate 90 days after the date on which the Secretary certifies to the congressional defense committees that each of the following have achieved full operational capability:
“(1) The LGM–35A Sentinel intercontinental ballistic missile weapon system.
“(2) The Columbia-class ballistic missile submarine program.
“(3) The long-range standoff weapon program.
“(4) The B–21 Raider bomber aircraft program.
“(5) The F–35A dual-capable aircraft program.
“(d) Nuclear Forces Defined.—In this section, the term ‘nuclear forces’ includes, at a minimum—
“(1) nuclear weapons;
“(2) the delivery platforms and systems for nuclear weapons;
“(3) nuclear command, control, and communications systems; and
“(4) the infrastructure and facilities of the Department of Defense and the National Nuclear Security Administration that support nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and communications systems, including with respect to personnel, construction, operation, and maintenance.”
“(d) Quarterly Briefings.—
(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—
“(A) a briefing on any intrusion or anomaly in the nuclear command, control, and communications system that was identified during the previous quarter, including—
“(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
“(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
“(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.
“(2) In this subsection:
“(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.
“(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.”
“(1) ensure that the report required by section 492a of this title is transmitted to Congress, if so required under such section;”
Ҥ 487. Biannual briefing on missile defense and related activities
“(a) In General.—On or about June 1 and December 1 of each year, the officials specified in subsection (b) shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on matters relating to missile defense policies, operations, technology development, and other similar topics as requested by such committees.
“(b) Officials Specified.—The officials specified in this subsection are the following:
“(1) The Assistant Secretary of Defense for Acquisition.
“(2) The Assistant Secretary of Defense for Space Policy.
“(3) The Director of the Missile Defense Agency.
“(4) The Director for Strategy, Plans, and Policy of the Joint Staff.
“(c) Delegation.—An official specified in subsection (b) may delegate the authority to provide a briefing required by subsection (a) to a member of the Senior Executive Service who reports to the official.
“(d) Termination.—The requirement to provide a briefing under subsection (a) shall terminate on January 1, 2028.”
“(C) how the proposed capability satisfies a capability requirement or performance attribute identified through—
“(i) the missile defense warfighter involvement process, as governed by United States Strategic Command Instruction 538-03, or such successor document; or
“(ii) processes and products approved by the Joint Chiefs of Staff or Joint Requirements Oversight Council;”
; and
“(E) an explanation for why a program joint cost analysis requirements description has not been prepared and approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such inapplicability.”
“(III) the most recent adjusted or revised acquisition baseline for such program element or major subprogram under subsection (d).”
“(3)
(A) Each report under paragraph (1) shall include the total system costs for each element described in subparagraph (B) that comprises the missile defense system, without regard to funding source or management control (such as the Missile Defense Agency, a military department, or other element of the Department of Defense).
“(B) The elements described in this subparagraph shall include the following:
“(i) Research and development.
“(ii) Procurement.
“(iii) Military construction.
“(iv) Operations and sustainment.
“(v) Disposal.”
; and
“(5) In this subsection:
“(A) The term ‘original acquisition baseline’ means, with respect to a program element or major subprogram, the first acquisition baseline created for the program element or major subprogram that has no previous iterations and has not been adjusted or revised, including any adjustments or revisions pursuant to subsection (d).
“(B) The term ‘total system costs’ means, with respect to each element that comprises the missile defense system—
“(i) all combined costs from closed, canceled, and active acquisition baselines;
“(ii) any costs shifted to or a part of future efforts without an established acquisition baseline; and
“(iii) any costs under the responsibility of a military department or other Department entity.”
“(3) the amount of operations and sustainment costs (dollar value and base year) for which the military department or other element of the Department of Defense is responsible; and
“(4)
(A) a citation to the source (such as a joint cost estimate or one or more military department estimates) that captures the operations and sustainment costs for which a military department or other element of the Department of Defense is responsible;
“(B) the date the source was prepared; and
“(C) if and when the source was independently verified by the Office for Cost Assessment and Program Evaluation.”
“(4) Termination of requirement.—The requirement in paragraph (1) to transfer the authorities specified in such paragraph shall terminate on the date that is 60 days after the date on which the Secretary of Defense submits to the congressional defense committees the report under section 1675(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2117).”
“(7) The Director of the White House Military Office.”
“(Q) A summary of the reports received using the mechanism for authorized reporting established under section 1673 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.”
; and
“(2) The term ‘congressional leadership’ means—
“(A) the majority leader of the Senate;
“(B) the minority leader of the Senate;
“(C) the Speaker of the House of Representatives; and
“(D) the minority leader of the House of Representatives.”
“(8) Requirement for Protracted Warfare Scenarios, calculated by doubling the duration of each applicable operation plan.”
“(e) Additional Requirements.—Each report required under subsection (a) shall include the following:
“(1) 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.
“(2) The average rate of procurement during the three-year period preceding the date of the submission of the report, and the number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at such three-year average rate.
“(3) 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.”
Ҥ 222d. Annual report on industrial base constraints for munitions
“(a) In General.—Not later than 30 days after the submission of all reports required under section 222c(a) of this title, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the service acquisition executive of each military department, shall submit to the congressional defense committees a report detailing the industrial base constraints for each munition identified in the Out-Year Unconstrained Total Munitions Requirement.
“(b) Elements.—The report required under subsection (a) shall include the following elements, broken down by munition:
“(1) Programmed purchase quantities per year.
“(2) Average procurement unit cost per year.
“(3) Contract type.
“(4) Current minimum sustaining rate of production per month and year.
“(5) Current maximum rate of production per month and year.
“(6) Expected date to meet the Out-Year Unconstrained Total Munitions Requirement in section 222c of this title under the programmed purchase quantities established for the period covered by the report.
“(7) A description of industrial base constraints on increased production of each munition, including any supply chain weaknesses.
“(8) A description of investments or policy changes made by a defense contractor or by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production.
“(9) A description of potential investments or policy changes identified by a defense contractor or the United States Government to increase munitions production, enable more efficient production, or mitigate significant loss of stability in potential production, including—
“(A) direct investments in test and tooling equipment, workforce development, or improvements to existing production facilities;
“(B) a pool of rotable critical components or subcomponents for munitions;
“(C) multiyear contracts or other contracting strategies;
“(D) direct investments in components, subcomponents, or raw materials commonly used across the industrial base;
“(E) direct investments in additive manufacturing or expeditionary manufacturing capabilities;
“(F) direct investments in simplification of supply chains; and
“(G) direct investments in technologies or methods to enable increased scalability and reduced complexity of production processes for current or future munitions.
“(10) A list of each contract for a munition with a priority rating of ‘critical to national defense’ (commonly referred to as a ‘DO-rated order’) or a priority rating of ‘highest national defense urgency’ (commonly referred to as a ‘DX-rated order’) in the Defense Priorities and Allocation System pursuant to part 700 of title 15, Code of Federal Regulations (or any successor regulation).
“(11) A prioritized list of munitions judged to have high value for export for which additional investments would be necessary to enable export, including a description of such investments required.
“(12) A list of munitions subject to the requirements of chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) relating to foreign military sales that are anticipated to be exported based on developments in the conflict in Ukraine.
“(c) Munition Defined.—In this section, the term ‘munition’ has the meaning given by the Under Secretary of Defense for Acquisition.”
“222d. Annual report on industrial base constraints for munitions.”.