October 11, 2022 - Issue: Vol. 168, No. 162 — Daily Edition117th Congress (2021 - 2022) - 2nd Session
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LEGISLATIVE SESSION; Congressional Record Vol. 168, No. 162
(Senate - October 11, 2022)
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[Pages S6063-S6466] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] LEGISLATIVE SESSION ______ NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2023 The PRESIDENT pro tempore. Under the previous order, the Senate will proceed to the consideration of H.R. 7900, which the clerk will report. The senior assistant legislative clerk read as follows: A bill (H.R. 7900) to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. There being no objection, the Senate proceeded to consider the bill. The PRESIDENT pro tempore. The Senator from Rhode Island. Amendment No. 5499, As Modified Mr. REED. Mr. President, I call up amendment No. 5499, as modified, and ask that it be reported by number. The PRESIDENT pro tempore. Without objection, it is so ordered. The senior assistant legislative clerk read as follows: The Senator from Rhode Island [Mr. Reed] for himself and Mr. Inhofe, proposes an amendment numbered 5499, as modified. The amendment (No. 5499), as modified, is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``James M. Inhofe National Defense Authorization Act for Fiscal Year 2023``. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into twelve divisions as follows: (1) Division A--Department of Defense Authorizations. (2) Division B--Military Construction Authorizations. (3) Division C--Department of Energy National Security Authorizations and Other Authorizations. (4) Division D--Funding Tables. (5) Division E--Additional Provisions. (6) Division F--Intelligence Authorization Act for Fiscal Year 2023. (7) Division G--Department of State Authorizations. (8) Division H--Matters Related to Taiwan. (9) Division I--Homeland Security and Governmental Affairs Matters. (10) Division J--Water Resources Development Act of 2022. (11) Division K--Coast Guard Authorization Act of 2022. (12) Division L--Oceans and Atmosphere. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B--Army Programs Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers. Subtitle C--Navy Programs Sec. 121. DDG(X) destroyer program. Sec. 122. Multiyear procurement authority for Arleigh Burke class destroyers. Sec. 123. Block buy contracts for Ship-to-Shore Connector program. Sec. 124. Procurement authorities for John Lewis-class fleet replenishment oiler ships. Sec. 125. Tomahawk cruise missile capability on FFG-62 class vessels. Sec. 126. Navy shipbuilding workforce development initiative. Sec. 127. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 128. Limitation on retirement of E-6B aircraft. Sec. 129. EA-18G aircraft. Sec. 130. Block buy contracts for CH-53K heavy lift helicopter program. Subtitle D--Air Force Programs Sec. 141. Prohibition on certain reductions to inventory of E-3 airborne warning and control system aircraft. Sec. 142. Modification of inventory requirements for air refueling tanker aircraft. [[Page S6064]] Sec. 143. Prohibition on reductions to inventory of F-22 Block 20 aircraft. Subtitle E--Defense-wide, Joint, and Multiservice Matters Sec. 151. Parts for commercial derivative aircraft and engines and aircraft based on commercial design. Sec. 152. Assessment and strategy for fielding counter unmanned aerial systems swarm capabilities. Sec. 153. Treatment of nuclear modernization and hypersonic missile programs within Defense Priorities and Allocations System. Sec. 154. Government Accountability Office assessment of efforts to modernize propulsion systems of the F-35 aircraft. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B--Program Requirements, Restrictions, and Limitations Sec. 211. Disclosure requirements for recipients of research and development funds. Sec. 212. Modification of cooperative research and development project authority. Sec. 213. Administration of the Advanced Sensor Applications Program. Sec. 214. Modification of authority of the Department of Defense to carry out certain prototype projects. Sec. 215. Competitively awarded demonstrations and tests of electromagnetic warfare technology. Sec. 216. Government-Industry Working Group on Microelectronics. Sec. 217. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering. Sec. 218. Investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications. Sec. 219. Open radio access network 5G acquisition acceleration and transition plans. Sec. 220. Pilot program to facilitate the development of electric vehicle battery technologies for warfighters. Subtitle C--Plans, Reports, and Other Matters Sec. 231. Report on recommendations from Army Futures Command Research Program Realignment Study. Sec. 232. Strategy and plan for strengthening and fostering defense innovation ecosystem. Sec. 233. Modification of Director for Operational Test and Evaluation annual report. Sec. 234. Extension of requirement for quarterly briefings on development and implementation of strategy for fifth generation information and communications technologies. Sec. 235. Report on estimated costs of conducting a minimum frequency of hypersonic weapons testing. Sec. 236. Annual report on studies and reports being undertaken by the Department of Defense. Sec. 237. Quantifiable assurance capability for security of microelectronics. Sec. 238. Clarification of role of Chief Digital and Artificial Intelligence Officer. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B--Energy and Environment Sec. 311. Aggregation of energy conservation measures and funding. Sec. 312. Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense. Sec. 313. Additional special considerations for developing and implementing the energy performance goals and energy performance master plan of the Department of Defense. Sec. 314. Participation in pollutant banks and water quality trading. Sec. 315. Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste. Sec. 316. Authorization of closure of Red Hill bulk fuel storage facility. Sec. 317. Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria to include specifications on use of gas insulated switchgear and criteria and specifications on microgrids and microgrid converters. Sec. 318. Transfer of customers from electrical utility system of the Navy at former Naval Air Station Barber`s Point, Hawaii, to new electrical system in Kalaeloa, Hawaii. Sec. 319. Pilot program on use of sustainable aviation fuel. Sec. 320. Renewal of annual environmental and energy reports of Department of Defense. Sec. 321. Report on feasibility of terminating energy procurement from foreign entities of concern. Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 331. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 332. Modification of limitation on disclosure of results of testing for perfluoroalkyl or polyfluoroalkyl substances on private property. Sec. 333. Department of Defense research relating to perfluoroalkyl or polyfluoroalkyl substances. Subtitle D--Logistics and Sustainment Sec. 351. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy. Sec. 352. Research and analysis on the capacity of private shipyards in the United States and the effect of those shipyards on Naval fleet readiness. Sec. 353. Limitation on funds for the Joint Military Information Support Operations Web Operations Center. Sec. 354. Notification of increase in retention rates for Navy ship repair contracts. Sec. 355. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies. Sec. 356. Repeal of Comptroller General review on time limitations on duration of public-private competitions. Subtitle E--Reports Sec. 371. Inclusion of information regarding joint medical estimates in readiness reports. Subtitle F--Other Matters Sec. 381. Implementation of recommendations relating to animal facility sanitation and master plan for housing and care of horses. Sec. 382. Inclusion of land under jurisdiction of Department of Defense subject to long-term real estate agreement as community infrastructure for purposes of Defense community infrastructure pilot program. Sec. 383. Restriction on procurement or purchasing by Department of Defense of turnout gear for firefighters containing perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 384. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 385. Prohibition on use of funds to discontinue the Marine Mammal System program. Sec. 386. Limitation on replacement of non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles. Sec. 387. Limitation on use of charging stations for personal electric vehicles. Sec. 388. Pilot programs for tactical vehicle safety data collection. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Sec. 403. Additional authority to vary Space Force end strength. Subtitle B--Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C--Authorization of Appropriations Sec. 421. Military personnel. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy Sec. 501. Consideration of adverse information. Sec. 502. Extension of time limitation for grade retention while awaiting retirement. Sec. 503. Realignment in Navy distribution of flag officers serving in the grades of O-8 and O-9. Sec. 504. Updating warrant officer selection and promotion authority. [[Page S6065]] Sec. 505. Authorized strengths for Space Force officers on active duty in grades of major, lieutenant colonel, and colonel. Sec. 506. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews. Sec. 507. Modification of reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Subtitle B--Reserve Component Management Sec. 511. Authority to waive requirement that performance of Active Guard and Reserve duty at the request of a Governor may not interfere with certain duties. Sec. 512. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident. Sec. 513. Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition. Sec. 514. Independent study on Federal recognition process. Sec. 515. Continued National Guard support for FireGuard program. Sec. 516. Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard. Subtitle C--General Service Authorities and Military Records Sec. 521. Modernization of the Selective Service System. Sec. 522. Prohibition on induction under the Military Selective Service Act without express authorization. Sec. 523. Extension of temporary authority for targeted recruitment incentives. Sec. 524. Home leave demonstration program. Sec. 525. Prohibition on considering State laws and regulations when determining individual duty assignments. Sec. 526. Modification to limitations on discharge or release from active duty. Sec. 527. Sex-neutral high fitness standards for Army combat Military Occupational Specialties. Subtitle D--Military Justice and Other Legal Matters Sec. 541. Briefing and report on resourcing required for implementation of military justice reform. Sec. 542. Randomization of court-martial panels. Sec. 543. Matters in connection with special trial counsel. Sec. 544. Jurisdiction of Courts of Criminal Appeals. Sec. 545. Special trial counsel. Sec. 546. Exclusion of officers serving as lead special trial counsel from limitations on authorized strengths for general and flag officers. Sec. 547. Special trial counsel of Department of the Air Force. Sec. 548. Restricted reporting option for Department of Defense civilian employees choosing to report experiencing adult sexual assault. Sec. 549. Improvements to Department of Defense tracking of and response to incidents of child abuse, adult crimes against children, and serious harmful behavior between children and youth involving military dependents on military installations. Sec. 550. Primary prevention. Sec. 551. Dissemination of civilian legal services information. Subtitle E--Member Education, Training, and Transition Sec. 561. Review of certain Special Operations personnel policies. Sec. 562. Expanded eligibility to provide Junior Reserve Officers` Training Corps (JROTC) instruction. Sec. 563. Pre-service education demonstration program. Subtitle F--Military Family Readiness and Dependents` Education Sec. 571. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 572. Assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations. Sec. 573. Pilot program on hiring of special education inclusion coordinators for Department of Defense child development centers. Sec. 574. Extension of and report on pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools. Subtitle G--Decorations and Awards, Miscellaneous Reports, and Other Matters Sec. 581. Temporary exemption from end strength grade restrictions for the Space Force. Sec. 582. Report on officer personnel management and the development of the professional military ethic in the Space Force. Sec. 583. Report on incidence of suicide by military job code in the Department of Defense. Sec. 584. Waiver of time limitations for act of valor during World War II. Sec. 585. Authorization to award Medal of Honor to Sergeant Major David R. Halbruner for acts of valor in support of an unnamed operation in 2012. Sec. 586. Recognition of service of Lieutenant General Frank Maxwell Andrews. Sec. 587. Posthumous appointment of Ulysses S. Grant to grade of General of the Armies of the United States. Sec. 588. Modification to notification on manning of afloat naval forces. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances Sec. 601. Temporary continuation of basic allowance for housing for members whose sole dependent dies while residing with the member. Sec. 602. Basic allowance for housing for members without dependents when home port change would financially disadvantage member. Sec. 603. Extension of authority to temporarily adjust basic allowance for housing in certain areas. Sec. 604. Increase in income for purposes of eligibility for basic needs allowance. Sec. 605. Conforming amendments to update references to travel and transportation authorities. Subtitle B--Bonus and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Sec. 612. Repeal of sunset of hazardous duty pay. Sec. 613. Authorization of assignment pay or special duty pay based on climate in which a member`s duties are performed. Subtitle C--Leave Sec. 621. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days. Sec. 622. Technical amendments to leave entitlement and accumulation. Sec. 623. Convalescent leave for members of the Armed Forces. Subtitle D--Other Matters Sec. 631. Air Force rated officer retention demonstration program. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits Sec. 701. Improvements to the TRICARE dental program. Sec. 702. Health benefits for members of the National Guard following required training or other duty to respond to a national emergency. Sec. 703. Confidentiality requirements for mental health care services for members of the Armed Forces. Sec. 704. Improvement of referrals for specialty care under TRICARE Prime during permanent changes of station. Sec. 705. Study on providing benefits under TRICARE Reserve Select and TRICARE dental program to members of the Selected Reserve and their dependents. Subtitle B--Health Care Administration Sec. 721. Improvements to organization of military health system. Sec. 722. Inclusion of level three trauma care capabilities in requirements for medical centers. Sec. 723. Extension of Accountable Care Organization demonstration and annual report requirement. Sec. 724. Modification of requirement to transfer public health functions to Defense Health Agency. Sec. 725. Establishment of Military Health System Medical Logistics Directorate. Sec. 726. Establishment of centers of excellence for specialty care in the military health system. Sec. 727. Requirement to establish Academic Health System. Sec. 728. Adherence to policies relating to mild traumatic brain injury and post-traumatic stress disorder. Sec. 729. Policy on accountability for wounded warriors undergoing disability evaluation. Subtitle C--Reports and Other Matters Sec. 741. Three-year extension of authority to continue DOD-VA Health Care Sharing Incentive Fund. Sec. 742. Extension of authority for Joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration Fund. [[Page S6066]] Sec. 743. Authorization of permanent program to improve opioid management in the military health system. Sec. 744. Clarification of membership requirements and compensation authority for independent suicide prevention and response review committee. Sec. 745. Termination of veterans` advisory board on radiation dose reconstruction. Sec. 746. Scholarship-for-service pilot program for civilian behavioral health providers. Sec. 747. Expansion of extramedical maternal health providers demonstration project to include members of the Armed Forces on active duty and other individuals receiving care at military medical treatment facilities. Sec. 748. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority. Sec. 749. Capability assessment and action plan with respect to effects of exposure to open burn pits and other environmental hazards. Sec. 750. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program. Sec. 751. Report on suicide prevention reforms for members of the Armed Forces. Sec. 752. Report on behavioral health workforce and plan to address shortfalls in providers. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management Sec. 801. Modifications to middle tier acquisition authority. Sec. 802. Extension of Defense Modernization Account authority. Sec. 803. Prohibition on certain procurements of major defense acquisition programs. Sec. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances. Sec. 805. Acquisition reporting system. Sec. 806. Modification of reporting requirement in connection with requests for multiyear procurement authority for large defense acquisitions. Sec. 807. Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program. Sec. 808. Comptroller General assessment of acquisition programs and related efforts. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 821. Treatment of certain clauses implementing executive order mandates. Sec. 822. Data requirements for commercial products for major weapon systems. Sec. 823. Task and delivery order contracting for architectural and engineering services. Sec. 824. Extension of pilot program for distribution support and services for weapons systems contractors. Sec. 825. Pilot program to accelerate contracting and pricing processes. Sec. 826. Extension of Never Contract with the Enemy. Sec. 827. Progress payment incentive pilot. Sec. 828. Report on Department of Defense Strategic Capabilities Office contracting capabilities. Subtitle C--Industrial Base Matters Sec. 841. Analyses of certain activities for action to address sourcing and industrial capacity. Sec. 842. Modification to miscellaneous limitations on the procurement of goods other than United States goods. Sec. 843. Demonstration exercise of enhanced planning for industrial mobilization and supply chain management. Sec. 844. Procurement requirements relating to rare earth elements and strategic and critical materials. Sec. 845. Modification to the national technology and industrial base. Sec. 846. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 847. Annual report on industrial base constraints for munitions. Subtitle D--Small Business Matters Sec. 861. Modifications to the Defense Research and Development Rapid Innovation Program. Sec. 862. Permanent extension and modification of Mentor-Protege Program. Sec. 863. Small business integration working group. Sec. 864. Demonstration of commercial due diligence for small business programs. Sec. 865. Improvements to Procurement Technical Assistance Center program. Subtitle E--Other Matters Sec. 871. Risk management for Department of Defense pharmaceutical supply chains. Sec. 872. Key advanced system development industry days. Sec. 873. Modification of provision relating to determination of certain activities with unusually hazardous risks. Sec. 874. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense. Sec. 902. Conforming amendments relating to repeal of position of Chief Management Officer. Sec. 903. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense. Sec. 904. Limitation on use of funds until demonstration of product to identify, task, and manage congressional reporting requirements. Sec. 905. Limitation on use of funds until Department of Defense complies with requirements relating to alignment of Close Combat Lethality Task Force. Subtitle B--Other Department of Defense Organization and Management Matters Sec. 911. Modification of requirements that are responsibility of Armed Forces not Joint Requirements Oversight Council. Sec. 912. Briefing on revisions to Unified Command Plan. Sec. 913. Updates to management reform framework. Sec. 914. Strategic management dashboard demonstration. Sec. 915. Demonstration program for component content management systems. Subtitle C--Space Force Matters Sec. 921. Vice Chief of Space Operations. Sec. 922. Establishment of field operating agencies and direct reporting units of Space Force. Sec. 923. Framework for new subtitle F of title 10, United States Code, on Space Component. Sec. 924. Study of proposed Space Force reorganization. TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Report on budgetary effects of inflation. Subtitle B--Counterdrug Activities Sec. 1011. Extension of authority and annual report on unified counterdrug and counterterrorism campaign in Colombia. Subtitle C--Naval Vessels Sec. 1021. Modification to annual naval vessel construction plan. Sec. 1022. Amphibious warship force structure. Sec. 1023. Modification to limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 1024. Contract requirements relating to maintenance and modernization availabilities for certain naval vessels. Sec. 1025. Prohibition on retirement of certain naval vessels. Subtitle D--Counterterrorism Sec. 1031. Modification and extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Subtitle E--Miscellaneous Authorities and Limitations Sec. 1041. Department of Defense-Department of Veterans Affairs Discharge Review Board Committee. Sec. 1042. Modification of provisions relating to cross-functional team for emerging threat relating to anomalous health incidents. Sec. 1043. Civilian casualty prevention, mitigation, and response. [[Page S6067]] Sec. 1044. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces. Sec. 1045. Personnel supporting the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 1046. Joint all domain command and control. Sec. 1047. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H-2B workers. Sec. 1048. Department of Defense support for civil authorities to address the illegal immigration crisis at the southwest border. Sec. 1049. Department of Defense support for funerals and memorial events for Members and former Members of Congress. Sec. 1050. Expansion of eligibility for direct acceptance of gifts by members of the Armed Forces and Department of Defense and Coast Guard employees and their families. Sec. 1051. Technical amendments related to recently enacted Commissions. Subtitle F--Studies and Reports Sec. 1061. Submission of National Defense Strategy in classified and unclassified form. Sec. 1062. Report on impact of certain ethics requirements on Department of Defense hiring, retention, and operations. Sec. 1063. Extension of certain reporting deadlines. Subtitle G--Other Matters Sec. 1071. Annual risk assessment. Sec. 1072. Joint Concept for Competing. Sec. 1073. Prioritization and acceleration of investments to attain threat matrix framework level 4 capability at training ranges supporting F-35 operations. Sec. 1074. Modification of Arctic Security Initiative. Sec. 1075. Pilot program on safe storage of personally owned firearms. Sec. 1076. Sense of the Senate on redesignation of the Africa Center for Strategic Studies as the James M. Inhofe Center for Africa Strategic Studies. TITLE XI--CIVILIAN PERSONNEL MATTERS Sec. 1101. Eligibility of Department of Defense employees in time- limited appointments to compete for permanent appointments. Sec. 1102. Employment authority for civilian faculty at certain military department schools. Sec. 1103. Employment and compensation of civilian faculty members at Inter-American Defense College. Sec. 1104. Modification to personnel management authority to attract experts in science and engineering. Sec. 1105. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. Sec. 1106. Modification and extension of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain Department of Defense laboratories. Sec. 1107. Modification of effective date of repeal of two-year probationary period for employees. Sec. 1108. Modification and extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1109. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1110. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by Federal agencies. Sec. 1111. Department of Defense Cyber and Digital Service Academy. Sec. 1112. Civilian Cybersecurity Reserve pilot project. Sec. 1113. Modification to pilot program for the temporary assignment of cyber and information technology personnel to private sector organizations. Sec. 1114. Report on cyber excepted service. TITLE XII--MATTERS RELATING TO FOREIGN NATIONS Subtitle A--Assistance and Training Sec. 1201. Extension of authority to support border security operations of certain foreign countries. Sec. 1202. Modification of reporting requirement for provision of support to friendly foreign countries for conduct of operations. Sec. 1203. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security. Sec. 1204. Modification of authority for participation in multinational centers of excellence. Sec. 1205. Modification of Regional Defense Combating Terrorism and Irregular Warfare Fellowship Program and plan for Irregular Warfare Center. Sec. 1206. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance. Sec. 1207. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1208. Modifications to humanitarian assistance. Sec. 1209. Defense Environmental International Cooperation Program. Sec. 1210. Security cooperation programs with foreign partners to advance women, peace, and security. Sec. 1211. Review of implementation of prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights. Sec. 1212. Independent assessment of United States efforts to train, advise, assist, and equip the military forces of Somalia. Sec. 1213. Assessment and report on adequacy of authorities to provide assistance to military and security forces in area of responsibility of United States Africa Command. Subtitle B--Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1224. Assessment of support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile threats. Sec. 1225. Updates to annual report on military power of Iran. Subtitle C--Matters Relating to Europe and the Russian Federation Sec. 1231. Modification of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1233. Extension and modification of Ukraine Security Assistance Initiative. Sec. 1234. North Atlantic Treaty Organization Special Operations Headquarters. Sec. 1235. Report on United States military force posture and resourcing requirements in Europe. Sec. 1236. Sense of the Senate and report on civilian harm. Sec. 1237. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1238. Sense of the Senate on Ukraine. Subtitle D--Matters Relating to the Indo-Pacific Region Sec. 1241. Extension and modification of Pacific Deterrence Initiative. Sec. 1242. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1243. Modification of Indo-Pacific Maritime Security Initiative to authorize use of funds for the Coast Guard. Sec. 1244. Defense of Taiwan. Sec. 1245. Multi-year plan to fulfill defensive requirements of military forces of Taiwan and modification of annual report on Taiwan asymmetric capabilities and intelligence support. Sec. 1246. Enhancing major defense partnership with India. Sec. 1247. Enhanced indications and warning for deterrence and dissuasion. Sec. 1248. Pilot program to develop young civilian defense leaders in the Indo-Pacific region. Sec. 1249. Cross-functional team for matters relating to the People`s Republic of China. Sec. 1250. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region. Sec. 1251. Sense of the Senate on supporting prioritization of the People`s Republic of China, the Indo-Pacific region, and Taiwan. Sec. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region. Sec. 1253. Prohibition on use of funds to support entertainment projects with ties to the Government of the People`s Republic of China. [[Page S6068]] Subtitle E--Reports Sec. 1261. Report on Fifth Fleet capabilities upgrades. Subtitle F--Other Matters Sec. 1271. Prohibition on participation in offensive military operations against the Houthis in Yemen. Sec. 1272. Extension of authority for United States-Israel cooperation to counter unmanned aerial systems. Sec. 1273. Extension of authority for certain payments to redress injury and loss. Sec. 1274. Modification of Secretary of Defense Strategic Competition Initiative. Sec. 1275. Assessment of challenges to implementation of the partnership among Australia, the United Kingdom, and the United States. TITLE XIII--COOPERATIVE THREAT REDUCTION Sec. 1301. Cooperative Threat Reduction funds. TITLE XIV--OTHER AUTHORIZATIONS Subtitle A--Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B--National Defense Stockpile Sec. 1411. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act. Sec. 1412. Briefings on shortfalls in National Defense Stockpile. Sec. 1413. Authority to acquire materials for the National Defense Stockpile. Subtitle C--Other Matters Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1422. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. TITLE XV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Subtitle A--Space Activities Sec. 1501. Additional authorities of Chief of Space Operations. Sec. 1502. Comprehensive strategy for the Space Force. Sec. 1503. Review of Space Development Agency exemption from Joint Capabilities Integration and Development System. Sec. 1504. Applied research and educational activities to support space technology development. Sec. 1505. Continued requirement for National Security Space Launch program. Sec. 1506. Extension of annual report on Space Command and Control. Sec. 1507. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and funding for such programs. Sec. 1508. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors. Subtitle B--Nuclear Forces Sec. 1511. Matters relating to role of Nuclear Weapons Council with respect to budget for nuclear weapons programs. Sec. 1512. Development of risk management framework for the United States nuclear enterprise. Sec. 1513. Biannual briefing on nuclear weapons and related activities. Sec. 1514. Plan for development of reentry vehicles. Sec. 1515. Industrial base monitoring for B-21 and Sentinel programs. Sec. 1516. Establishment of intercontinental ballistic missile site activation task force for Sentinel program. Sec. 1517. Sense of the Senate and briefing on nuclear cooperation between the United States and the United Kingdom. Sec. 1518. Limitation on use of funds until submission of reports on intercontinental ballistic missile force. Sec. 1519. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1520. Limitation on use of funds for B83-1 retirement and report on defeating hard and deeply buried targets. Sec. 1521. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 1522. Further limitation on use of funds until submission of analysis of alternatives for nuclear sea-launched cruise missile. Sec. 1523. Modification of reports on Nuclear Posture Review implementation. Sec. 1524. Modification of requirements for plutonium pit production capacity plan. Sec. 1525. Extension of requirement to report on nuclear weapons stockpile. Sec. 1526. Extension of requirement for annual assessment of cyber resiliency of nuclear command and control system. Sec. 1527. Extension of requirement for unencumbered uranium plan. Sec. 1528. Extension of pit production annual certification. Sec. 1529. Elimination of obsolete reporting requirements relating to plutonium pit production. Sec. 1530. Technical amendment to additional report matters on strategic delivery systems. Subtitle C--Missile Defense Sec. 1541. Persistent cybersecurity operations for ballistic missile defense systems and networks. Sec. 1542. Middle East integrated air and missile defense. Sec. 1543. Designation of a Department of Defense individual responsible for missile defense of Guam. Sec. 1544. Modification of provision requiring funding plan for next generation interceptors for missile defense of United States homeland. Sec. 1545. Biannual briefing on missile defense and related activities. Sec. 1546. Improving acquisition accountability reports on the ballistic missile defense system. Sec. 1547. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1548. Making permanent prohibitions relating to missile defense information and systems. Sec. 1549. Limitation on use of funds until missile defense designations have been made. Subtitle D--Other Matters Sec. 1551. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises. Sec. 1552. Responsibilities and functions relating to electromagnetic spectrum operations. Sec. 1553. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1554. Department of Defense support for requirements of the White House Military Office. TITLE XVI--CYBERSPACE-RELATED MATTERS Subtitle A--Matters Relating to Cyber Operations and Cyber Forces Sec. 1601. Annual assessments and reports on assignment of certain budget control responsibility to Commander of United States Cyber Command. Sec. 1602. Alignment of Department of Defense cyber international strategy with National Defense Strategy and Department of Defense Cyber Strategy. Sec. 1603. Correcting cyber mission force readiness shortfalls. Sec. 1604. Cybersecurity cooperation training at Joint Military Attache School. Sec. 1605. Strategy, force, and capability development for cyber effects and security in support of operational forces. Sec. 1606. Total force generation for the Cyberspace Operations Forces. Sec. 1607. Management and oversight of Joint Cyber Warfighting Architecture. Sec. 1608. Study to determine the optimal strategy for structuring and manning elements of the Joint Force Headquarters-Cyber Organizations, Joint Mission Operations Centers, and Cyber Operations-Integrated Planning Elements. Sec. 1609. Annual briefing on relationship between National Security Agency and United States Cyber Command. Sec. 1610. Review of certain cyber operations personnel policies. Sec. 1611. Military cybersecurity cooperation with Kingdom of Jordan. Sec. 1612. Commander of the United States Cyber Command. Sec. 1613. Assessment and report on sharing military cyber capabilities with foreign operational partners. Sec. 1614. Report on progress in implementing pilot program to enhance cybersecurity and resiliency of critical infrastructure. Sec. 1615. Protection of critical infrastructure. Subtitle B--Matters Relating to Department of Defense Cybersecurity and Information Technology Sec. 1621. Budget display for cryptographic modernization activities for certain systems of the Department of Defense. Sec. 1622. Establishing projects for data management, artificial intelligence, and digital solutions. Sec. 1623. Operational testing for commercial cybersecurity capabilities. [[Page S6069]] Sec. 1624. Plan for commercial cloud test and evaluation. Sec. 1625. Report on recommendations from Navy Civilian Career Path study. Sec. 1626. Review of Department of Defense implementation of recommendations from Defense Science Board cyber report. Sec. 1627. Requirement for software bill of materials. Sec. 1628. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters. Sec. 1629. Roadmap and implementation plan for cyber adoption of artificial intelligence. Sec. 1630. Demonstration program for cyber and information technology budget data analytics. Sec. 1631. Limitation on availability of funds for operation and maintenance for Office of Secretary of Defense until framework to enhance cybersecurity of United States defense industrial base is completed. Sec. 1632. Assessments of weapons systems vulnerabilities to radio- frequency enabled cyber attacks. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI--ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension and modification of authority to carry out certain fiscal year 2018 projects. Sec. 2105. Modification of authority to carry out fiscal year 2019 project at Camp Tango, Korea. TITLE XXII--NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2018 project at Joint Region Marianas, Guam. TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Authorization of appropriations, Air Force. Sec. 2304. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2305. Modification of authority to carry out certain fiscal year 2020 projects at Tyndall Air Force Base, Florida. Sec. 2306. Modification of authority to carry out certain fiscal year 2021 project at Hill Air Force Base, Utah. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized energy resilience and conservation investment program projects. Sec. 2403. Authorization of appropriations, defense agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects. TITLE XXV--INTERNATIONAL PROGRAMS Subtitle A--North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B--Host Country In-Kind Contributions Sec. 2511. Republic of Korea-funded construction projects. Sec. 2512. Repeal of authorized approach to construction project at Camp Humphreys, Republic of Korea. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. Sec. 2607. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2608. Corrections to authority to carry out certain fiscal year 2022 projects. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle A--Military Construction Program Sec. 2801. Modification of cost thresholds for authority of Department of Defense to acquire low-cost interests in land. Sec. 2802. Clarification of exceptions to limitations on cost variations for military construction projects and military family housing projects. Sec. 2803. Elimination of sunset of authority to conduct unspecified minor military construction for lab revitalization. Sec. 2804. Requirement for inclusion of Department of Defense Forms 1391 with annual budget submission by President. Sec. 2805. Determination and notification relating to Executive orders that impact cost and scope of work of military construction projects. Sec. 2806. Extension of authorization of depot working capital funds for unspecified minor military construction. Sec. 2807. Temporary increase of amounts in connection with authority to carry out unspecified minor military construction. Sec. 2808. Electrical charging capability construction requirements relating to parking for Federal Government motor vehicles. Sec. 2809. Use of integrated project delivery contracts. Sec. 2810. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the United States. Subtitle B--Military Housing Sec. 2821. Specification of Assistant Secretary of Defense for Energy, Installations, and Environment as Chief Housing Officer. Sec. 2822. Department of Defense Military Housing Readiness Council. Sec. 2823. Mandatory disclosure of potential presence of mold and health effects of mycotoxins before a lease is signed for privatized military housing. Sec. 2824. Implementation of recommendations from audit of medical conditions of residents in privatized military housing. Subtitle C--Land Conveyances Sec. 2841. Conveyance, Joint Base Charleston, South Carolina. Subtitle D--Other Matters Sec. 2861. Integrated master infrastructure plan to support defense of Guam. Sec. 2862. Repeal of requirement for Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2863. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea. Sec. 2864. Modification of quitclaim deed between the United States and the City of Clinton, Oklahoma. Sec. 2865. Prohibition on joint use of Homestead Air Reserve Base with civil aviation. Sec. 2866. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program. Sec. 2867. Procurement of electric, zero emission, advanced-biofuel- powered, or hydrogen-powered vehicles for the Department of Defense. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A--National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B--Program Authorizations, Restrictions, and Limitations Sec. 3111. Workforce enhancement for National Nuclear Security Administration. Sec. 3112. Acceleration of depleted uranium manufacturing processes. Sec. 3113. Certification of completion of milestones with respect to plutonium pit aging. [[Page S6070]] Sec. 3114. Assistance by the National Nuclear Security Administration to the Air Force for the development of the Mark 21A fuse. Sec. 3115. Extension of deadline for transfer of parcels of land to be conveyed to Los Alamos County, New Mexico. Sec. 3116. Use of alternative technologies to eliminate proliferation threats at vulnerable sites. Sec. 3117. Update to plan for deactivation and decommissioning of nonoperational defense nuclear facilities. Subtitle C--Budget and Financial Management Matters Sec. 3121. Modification of cost baselines for certain projects. Sec. 3122. Unavailability for overhead costs of amounts specified for laboratory-directed research and development. Sec. 3123. Purchase of real property options. Sec. 3124. Determination of standardized indirect cost elements. Sec. 3125. Adjustment of minor construction threshold. Sec. 3126. Requirements for specific request for new or modified nuclear weapons. Sec. 3127. Limitation on use of funds for National Nuclear Security Administration facility advanced manufacturing development. Subtitle D--Other Matters Sec. 3131. Repeal of obsolete provisions of the Atomic Energy Defense Act and other provisions. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. Delegation of authority to Chairperson of Defense Nuclear Facilities Safety Board. TITLE LXXXV--MARITIME MATTERS Subtitle A--Short Title; Authorization of Appropriations for the Maritime Administration Sec. 3501. Short title. Sec. 3502. Authorization of appropriations for the Maritime Administration. Subtitle B--General Provisions Sec. 3511. Study to inform a national maritime strategy. Sec. 3512. National maritime strategy. Sec. 3513. Negative determination notice. Subtitle C--Maritime Infrastructure Sec. 3521. Marine highways. Sec. 3522. GAO review of efforts to support and grow the United States Merchant Fleet. Sec. 3523. GAO review of Federal efforts to enhance port infrastructure resiliency and disaster preparedness. Sec. 3524. Study on foreign investment in shipping. Sec. 3525. Report regarding alternate marine fuel bunkering facilities at ports. Sec. 3526. Study of cybersecurity and national security threats posed by foreign manufactured cranes at United States ports. Sec. 3527. Project selection criteria for port infrastructure development program. Sec. 3528. Infrastructure improvements identified in the report on strategic seaports. Subtitle D--Maritime Workforce Sec. 3531. Sense of Congress on Merchant Marine. Sec. 3532. Ensuring diverse mariner recruitment. Sec. 3533. Low emissions vessels training. Sec. 3534. Improving Protections for Midshipmen Act. Sec. 3535. Board of Visitors. Sec. 3536. Maritime Technical Advancement Act. Sec. 3537. Study on Capital Improvement Program at the USMMA. Sec. 3538. Implementation of recommendations from the National Academy of Public Administration. Sec. 3539. Service Academy faculty parity. Sec. 3540. Updated Requirements for Fishing Crew Agreements. Subtitle E--Technology Innovation and Resilience Sec. 3541. Maritime Environmental and Technical Assistance Program. Sec. 3542. Study on stormwater impacts on salmon. Sec. 3543. Study to evaluate effective vessel quieting measures. DIVISION D--FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. TITLE XLI--PROCUREMENT Sec. 4101. PROCUREMENT. TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. TITLE XLIII--OPERATION AND MAINTENANCE Sec. 4301. OPERATION AND MAINTENANCE. TITLE XLIV--MILITARY PERSONNEL Sec. 4401. MILITARY PERSONNEL. TITLE XLV--OTHER AUTHORIZATIONS Sec. 4501. OTHER AUTHORIZATIONS. TITLE XLVI--MILITARY CONSTRUCTION Sec. 4601. MILITARY CONSTRUCTION. TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. DIVISION E--ADDITIONAL PROVISIONS TITLE LI--PROCUREMENT Sec. 5101. Procurement authorities for certain amphibious shipbuilding programs. TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 5201. Report on defense advanced manufacturing capabilities. TITLE LIII--OPERATION AND MAINTENANCE Sec. 5301. Report on weapons generation facilities of the Air Force. Sec. 5302. Report on former Indian boarding schools or institutions under the jurisdiction or control of the Department of Defense. TITLE LV--MILITARY PERSONNEL POLICY Sec. 5501. Advice and consent requirement for waivers of mandatory retirement for Superintendents of military service academies. Sec. 5502. Study on improvement of access to voting for members of the Armed Forces overseas. Sec. 5503. Recognition of military Olympic competition. TITLE LVI--MILITARY COMPENSATION Sec. 5601. Reimbursement for transportation of pets for members making a permanent change of station. Sec. 5602. Review of dislocation and relocation allowances. TITLE LVII--HEALTH CARE PROVISIONS Sec. 5701. Establishment of Core Casualty Receiving Facilities to improve medical force generation and readiness. TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 5811. Inclusion in budget justification materials of enhanced reporting on proposed cancellations and modifications to multiyear contracts. Sec. 5812. Modification of contracts and options to provide economic price adjustments. Subtitle E--Other Matters Sec. 5871. Prohibition on certain semiconductor products and services. Subtitle F--American Security Drone Act of 2022 Sec. 5881. Short title. Sec. 5882. Definitions. Sec. 5883. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities. Sec. 5884. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities. Sec. 5885. Prohibition on use of Federal funds for purchases and operation of covered unmanned aircraft systems from covered foreign entities. Sec. 5886. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities. Sec. 5887. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities. Sec. 5888. Comptroller General report. Sec. 5889. Government-wide policy for procurement of unmanned aircraft systems. Sec. 5890. State, local, and territorial law enforcement and emergency service exemption. Sec. 5891. Study. Sec. 5892. Exceptions. Sec. 5893. Sunset. TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 5901. Establishment of Office of Strategic Capital. TITLE LX--GENERAL PROVISIONS Subtitle C--Naval Vessels Sec. 6011. Battle force ship employment, maintenance, and manning baseline plans. Subtitle F--Studies and Reports Sec. 6021. Report on land held by entities connected to the People`s Republic of China near military installations or military airspace in the United States. Sec. 6022. Report on impact of global critical mineral and metal reserves on United States military equipment supply chains. Sec. 6023. Crosscut report on Arctic research programs. Subtitle G--Other Matters Sec. 6031. Definition of land use revenue under West Los Angeles Leasing Act of 2016. [[Page S6071]] Sec. 6032. Financial assistance for construction of test beds and specialized facilities. Sec. 6033. Homeland Procurement Reform Act. Sec. 6034. Collection, verification, and disclosure of information by online marketplaces to inform consumers. Sec. 6035. Low power TV stations. Sec. 6036. Post-employment restrictions on Senate-confirmed officials at the Department of State. Sec. 6037. Reauthorization of the Tropical Forest and Coral Reef Conservation Act of 1998. Sec. 6038. Incentives for States to create sexual assault survivors` bill of rights. Sec. 6039. Interagency strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria. Sec. 6039A. Outreach to historically Black colleges and universities and minority serving institutions regarding National Security Innovation Network (NSIN) programs that promote entrepreneurship and innovation at institutions of higher education. Sec. 6039B. Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to transfer excess aircraft to States. Sec. 6039C. HBCU RISE. Sec. 6039D. Office of Civil Rights and Inclusion. Sec. 6039E. Improved application of employment and reemployment rights of all members of uniformed services. Sec. 6039F. Weatherization Assistance Program. Sec. 6039G. Technical corrections to Honoring our PACT Act of 2022. Sec. 6039H. Treatment of exemptions under FARA. Sec. 6039I. Cost-sharing requirements applicable to certain Bureau of Reclamation dams and dikes. Sec. 6039J. Improving pilot program on acceptance by the Department of Veterans Affairs of donated facilities and related improvements. Subtitle H--Judicial Security and Privacy Sec. 6041. Short title. Sec. 6042. Findings and purpose. Sec. 6043. Definitions. Sec. 6044. Protecting covered information in public records. Sec. 6045. Training and education. Sec. 6046. Vulnerability management capability. Sec. 6047. Rules of construction. Sec. 6048. Severability. Sec. 6049. Effective date. Subtitle I--21st Century Assistive Technology Act Sec. 6051. Short title. Sec. 6052. Reauthorization. Sec. 6053. Effective date. TITLE LXI--CIVILIAN PERSONNEL MATTERS Sec. 6101. Civilian Cybersecurity Reserve pilot project at the Cybersecurity and Infrastructure Security Agency. TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS Subtitle A--Assistance and Training Sec. 6201. Security cooperation activities at Counter-UAS Training Academy. Sec. 6202. United States - Israel Artificial Intelligence Center. Subtitle C--Matters Relating to Europe and the Russian Federation Sec. 6231. Briefing on supporting Government of Ukraine to mitigate, treat, and rehabilitate traumatic extremity injuries and traumatic brain injuries of Ukrainian soldiers. Sec. 6232. Prohibition against United States recognition of the Russian Federation`s claim of sovereignty over any portion of Ukraine. Sec. 6233. Temporary authorizations related to Ukraine and other matters. Sec. 6234. Prohibition on availability of funds relating to sovereignty of the Russian Federation over sovereign Ukrainian territory. Sec. 6235. Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia. Subtitle D--Matters Relating to the Indo-Pacific Region Sec. 6241. Review of port and port-related infrastructure purchases and investments made by the Government of the People`s Republic of China and entities directed or backed by the Government of the People`s Republic of China. Sec. 6242. Special Envoy to the Pacific Islands Forum. Subtitle F--Other Matters Sec. 6271. Eligibility of Portuguese traders and investors for E-1 and E-2 nonimmigrant visas. Sec. 6272. Global food security. Sec. 6273. Ending global wildlife poaching and trafficking. Sec. 6274. Center for Excellence in Environmental Security. Subtitle G--United States-Ecuador Partnership Act of 2022 Sec. 6281. Short title; table of contents. Sec. 6282. Findings. Sec. 6283. Sense of Congress. Sec. 6284. Facilitating economic and commercial ties. Sec. 6285. Promoting inclusive economic development. Sec. 6286. Combating illicit economies, corruption, and negative foreign influence. Sec. 6287. Strengthening democratic governance. Sec. 6288. Fostering conservation and stewardship. Sec. 6289. Authorization to transfer excess Coast Guard vessels. Sec. 6289A. Reporting requirements. Sec. 6289B. Sunset. Subtitle H--International Pandemic Preparedness Sec. 6291. Short title. Sec. 6292. Definitions. Sec. 6293. Enhancing the United States` international response to the COVID-19 pandemic. Sec. 6294. International pandemic prevention and preparedness. Sec. 6295. International financing mechanism for global health security and pandemic prevention and preparedness. Sec. 6296. General provisions. Sec. 6297. Sunset. TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS Sec. 6501. Sense of the Senate on personnel for the Space Development Agency. Sec. 6502. Authorization of workforce development and training partnership programs within National Nuclear Security Administration. Sec. 6503. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of 2022. TITLE LXVI--CYBERSPACE-RELATED MATTERS Sec. 6601. Additional amount for cyber partnership activities. TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS Sec. 7801. Comptroller General assessment of implementation of certain statutory provisions intended to improve the experience of residents of privatized military housing. Sec. 7802. Land Conveyance, Starkville, Mississippi. Sec. 7803. Land conveyance, Lewes, Delaware. TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 8101. Plan to accelerate restoration of domestic uranium enrichment. Sec. 8102. Assessment of readiness and survivability of strategic forces of the United States. Sec. 8103. U.S. nuclear fuels security initiative. Sec. 8104. Isotope demonstration and advanced nuclear research infrastructure enhancement. Sec. 8105. Report on civil nuclear credit program. DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 301. Modification of advisory board in National Reconnaissance Office. Sec. 302. Prohibition on employment with governments of certain countries. Sec. 303. Counterintelligence and national security protections for intelligence community grant funding. Sec. 304. Extension of Central Intelligence Agency law enforcement jurisdiction to facilities of Office of Director of National Intelligence. Sec. 305. Clarification regarding protection of Central Intelligence Agency functions. Sec. 306. Establishment of advisory board for National Geospatial- Intelligence Agency. [[Page S6072]] Sec. 307. Annual reports on status of recommendations of Comptroller General of the United States for the Director of National Intelligence. Sec. 308. Timely submission of budget documents from intelligence community. Sec. 309. Copyright protection for civilian faculty of the National Intelligence University. Sec. 310. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to the brain. Sec. 311. Modifications to Foreign Malign Influence Response Center. Sec. 312. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack. Sec. 313. Minimum cybersecurity standards for national security systems of intelligence community. Sec. 314. Review and report on intelligence community activities under Executive Order 12333. Sec. 315. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency. Sec. 316. Assessing intelligence community open-source support for export controls and foreign investment screening. Sec. 317. Annual training requirement and report regarding analytic standards. Sec. 318. Historical Advisory Panel of the Central Intelligence Agency. TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE`S REPUBLIC OF CHINA Sec. 401. Report on wealth and corrupt activities of the leadership of the Chinese Communist Party. Sec. 402. Identification and threat assessment of companies with investments by the People`s Republic of China. Sec. 403. Intelligence community working group for monitoring the economic and technological capabilities of the People`s Republic of China. Sec. 404. Annual report on concentrated reeducation camps in the Xinjiang Uyghur Autonomous Region of the People`s Republic of China. Sec. 405. Assessments of production of semiconductors by the People`s Republic of China. TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS Sec. 501. Improving onboarding of personnel in intelligence community. Sec. 502. Improving onboarding at the Central Intelligence Agency. Sec. 503. Report on legislative action required to implement Trusted Workforce 2.0 initiative. Sec. 504. Comptroller General of the United States assessment of administration of polygraphs in intelligence community. Sec. 505. Timeliness in the administration of polygraphs. Sec. 506. Policy on submittal of applications for access to classified information for certain personnel. Sec. 507. Technical correction regarding Federal policy on sharing of covered insider threat information. Sec. 508. Establishing process parity for adverse security clearance and access determinations. Sec. 509. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 510. Comptroller General of the United States report on use of Government and industry space certified as sensitive compartmented information facilities. TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY Sec. 601. Submittal of complaints and information by whistleblowers in the intelligence community to Congress. Sec. 602. Modification of whistleblower protections for contractor employees in intelligence community. Sec. 603. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 604. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligence community. TITLE VII--OTHER MATTERS Sec. 701. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership. Sec. 702. Modification of requirement for office to address unidentified aerospace-undersea phenomena. Sec. 703. Unidentified aerospace-undersea phenomena reporting procedures. Sec. 704. Comptroller General of the United States compilation of unidentified aerospace-undersea phenomena records. Sec. 705. Office of Global Competition Analysis. Sec. 706. Report on tracking and collecting precursor chemicals used in the production of synthetic opioids. Sec. 707. Assessment and report on mass migration in the Western Hemisphere. Sec. 708. Notifications regarding transfers of detainees at United States Naval Station, Guantanamo Bay, Cuba. Sec. 709. Report on international norms, rules, and principles applicable in space. Sec. 710. Assessments of the effects of sanctions imposed with respect to the Russian Federation`s invasion of Ukraine. Sec. 711. Assessments and briefings on implications of food insecurity that may result from the Russian Federation`s invasion of Ukraine. Sec. 712. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber Identity-catchers and develop countermeasures. Sec. 713. Department of State Bureau of Intelligence and Research assessment of anomalous health incidents. DIVISION G--DEPARTMENT OF STATE AUTHORIZATIONS Sec. 5001. Short title. Sec. 5002. Definitions. TITLE LI--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE Sec. 5101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation. Sec. 5102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad. Sec. 5103. Family Engagement Coordinator. Sec. 5104. Rewards for Justice. Sec. 5105. Ensuring geographic diversity and accessibility of passport agencies. Sec. 5106. Cultural Antiquities Task Force. Sec. 5107. Briefing on ``China House``. Sec. 5108. Office of Sanctions Coordination. TITLE LII--PERSONNEL ISSUES Sec. 5201. Department of State paid Student Internship Program. Sec. 5202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation. Sec. 5203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements. Sec. 5204. Additional personnel to address backlogs in hiring and investigations. Sec. 5205. Foreign affairs training. Sec. 5206. Security clearance approval process. Sec. 5207. Addendum for study on foreign service allowances. Sec. 5208. Curtailments, removals from post, and waivers of privileges and immunities. Sec. 5209. Report on worldwide availability. Sec. 5210. Professional development. Sec. 5211. Management assessments at diplomatic and consular posts. Sec. 5212. Independent review of promotion policies. Sec. 5213. Third party verification of permanent change of station (PCS) orders. Sec. 5214. Post-employment restrictions on Senate-confirmed officials at the Department of State. Sec. 5215. Expansion of authorities regarding special rules for certain monthly workers` compensation payments and other payments. TITLE LIII--EMBASSY SECURITY AND CONSTRUCTION Sec. 5301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999. Sec. 5302. Diplomatic support and security. Sec. 5303. Establishment of United States embassies in Vanuatu, Kiribati, and Tonga. TITLE LIV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION Sec. 5401. Report on barriers to applying for employment with the Department of State. Sec. 5402. Collection, analysis, and dissemination of workforce data. Sec. 5403. Centers of Excellence in Foreign Affairs and Assistance. Sec. 5404. Institute for Transatlantic Engagement. Sec. 5405. Rule of construction. TITLE LV--INFORMATION SECURITY AND CYBER DIPLOMACY Sec. 5501. United States international cyberspace policy. Sec. 5502. Bureau of Cyberspace and Digital Policy. [[Page S6073]] Sec. 5503. International cyberspace and digital policy strategy. Sec. 5504. Government Accountability Office report on cyber diplomacy. Sec. 5505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners. Sec. 5506. Cybersecurity recruitment and retention. Sec. 5507. Short course on emerging technologies for senior officials. Sec. 5508. Establishment and expansion of Regional Technology Officer Program. Sec. 5509. Vulnerability disclosure policy and bug bounty program report. TITLE LVI--PUBLIC DIPLOMACY Sec. 5601. United States participation in international fairs and expositions. Sec. 5602. Press freedom curriculum. Sec. 5603. Global Engagement Center. Sec. 5604. Under Secretary for Public Diplomacy. TITLE LVII--OTHER MATTERS Sec. 5701. Supporting the employment of United States citizens by international organizations. Sec. 5702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations. Sec. 5703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council. Sec. 5704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund. Sec. 5705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation. Sec. 5706. International broadcasting activities. Sec. 5707. Global internet freedom. Sec. 5708. Arms Export Control Act alignment with the Export Control Reform Act. Sec. 5709. Increasing the maximum annual lease payment available without approval by the Secretary. Sec. 5710. Report on United States access to critical mineral resources abroad. Sec. 5711. Overseas United States strategic infrastructure development projects. Sec. 5712. Provision of parking services and retention of parking fees. Sec. 5713. Diplomatic reception areas. Sec. 5714. Consular and border security programs visa services cost recovery proposal. Sec. 5715. Return of supporting documents for passport applications through United States Postal Service certified mail. Sec. 5716. Report on distribution of personnel and resources related to ordered departures and post closures. Sec. 5717. Elimination of obsolete reports. Sec. 5718. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements. Sec. 5719. Modifications to sanctions with respect to human rights violations. Sec. 5720. Report on countering the activities of malign actors. TITLE LVIII--EXTENSION OF AUTHORITIES Sec. 5801. Consulting services. Sec. 5802. Diplomatic facilities. Sec. 5803. Extension of existing authorities. Sec. 5804. War reserves stockpile and military training report. Sec. 5805. Commission on Reform and Modernization of the Department of State. DIVISION H--MATTERS RELATED TO TAIWAN Sec. 10001. Short title. TITLE I--IMPLEMENTATION OF AN ENHANCED DEFENSE PARTNERSHIP BETWEEN THE UNITED STATES AND TAIWAN Sec. 10101. Modernizing Taiwan`s security capabilities to deter and, if necessary, defeat aggression by the People`s Republic of China. Sec. 10102. Increase in annual regional contingency stockpile additions and support for Taiwan. Sec. 10103. International military education and training cooperation with Taiwan. Sec. 10104. Additional authorities to support Taiwan. Sec. 10105. Multi-year plan to fulfill defensive requirements of military forces of Taiwan and modification of annual report on Taiwan military capabilities and intelligence support. Sec. 10106. Fast-tracking sales to Taiwan under Foreign Military Sales program. Sec. 10107. Expediting delivery of arms exports to Taiwan and United States allies in the Indo-Pacific. Sec. 10108. Assessment of Taiwan`s needs for civilian defense and resilience. Sec. 10109. Annual report on Taiwan defensive military capabilities and intelligence support. TITLE II--COUNTERING PEOPLE`S REPUBLIC OF CHINA`S COERCION AND INFLUENCE CAMPAIGNS Sec. 10201. Strategy to respond to influence and information operations targeting Taiwan. Sec. 10202. Strategy to counter economic coercion by the People`s Republic of China targeting countries and entities that support Taiwan. Sec. 10203. China censorship monitor and action group. TITLE III--INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS Sec. 10301. Participation of Taiwan in international organizations. Sec. 10302. Meaningful participation of Taiwan in the International Civil Aviation Organization. TITLE IV--MISCELLANEOUS PROVISIONS Sec. 10401. Report on Taiwan Travel Act. Sec. 10402. Amendments to the Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019. Sec. 10403. Report on role of People`s Republic of China`s nuclear threat in escalation dynamics. Sec. 10404. Report analyzing the impact of Russia`s war against Ukraine on the objectives of the People`s Republic of China with respect to Taiwan. TITLE V--UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION Sec. 10501. Short title. Sec. 10502. Definitions. Sec. 10503. Study. TITLE VI--RULES OF CONSTRUCTION Sec. 10601. Rule of construction. Sec. 10602. Rule of construction regarding the use of military force. DIVISION I--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS MATTERS Sec. 5001. Table of contents. TITLE LI--HOMELAND SECURITY Subtitle A--Global Catastrophic Risk Management Act of 2022 Sec. 5101. Short title. Sec. 5102. Definitions. Sec. 5103. Assessment of global catastrophic risk. Sec. 5104. Report required. Sec. 5105. Enhanced catastrophic incident annex. Sec. 5106. Validation of the strategy through an exercise. Sec. 5107. Recommendations. Sec. 5108. Reporting requirements. Sec. 5109. Rule of construction. Subtitle B--DHS Economic Security Council Sec. 5111. DHS Economic Security Council. Subtitle C--Transnational Criminal Investigative Units Sec. 5121. Short title. Sec. 5122. Stipends for transnational criminal investigative units. Subtitle D--Technological Hazards Preparedness and Training Sec. 5131. Short title. Sec. 5132. Definitions. Sec. 5133. Assistance and Training for Communities with Technological Hazards and Related Emerging Threats. Sec. 5134. Authorization of Appropriations. Sec. 5135. Savings provision. Subtitle E--Offices of Countering Weapons of Mass Destruction and Health Security Sec. 5141. Short title. Chapter 1--Countering Weapons of Mass Destruction Office Sec. 5142. Countering Weapons of Mass Destruction Office. Sec. 5143. Rule of construction. Chapter 2--Office of Health Security Sec. 5144. Office of Health Security. Sec. 5145. Medical countermeasures program. Sec. 5146. Confidentiality of medical quality assurance records. Sec. 5147. Technical and conforming amendments. Subtitle F--Satellite Cybersecurity Act Sec. 5151. Short title. Sec. 5152. Definitions. Sec. 5153. Report on commercial satellite cybersecurity. Sec. 5154. Responsibilities of the Cybersecurity and Infrastructure Security Agency. Sec. 5155. Strategy. Sec. 5156. Rules of construction. Subtitle G--Pray Safe Act Sec. 5161. Short title. Sec. 5162. Definitions. Sec. 5163. Federal Clearinghouse on Safety and Security Best Practices for Faith-Based Organizations and Houses of Worship. Sec. 5164. Notification of Clearinghouse. Sec. 5165. Grant program overview. Sec. 5166. Other resources. Sec. 5167. Rule of construction. Sec. 5168. Exemption. Subtitle H--Invent Here, Make Here for Homeland Security Act Sec. 5171. Short title. Sec. 5172. Preference for United States industry. Subtitle I--DHS Joint Task Forces Reauthorization Sec. 5181. Short title. [[Page S6074]] Sec. 5182. Sense of the Senate. Sec. 5183. Amending section 708 of the Homeland Security Act of 2002. Subtitle J--Other Provisions Chapter 1--CISA Technical Corrections and Improvements Sec. 5191. CISA Technical Corrections and Improvements. Chapter 2--Post-Disaster Mental Health Response Act Sec. 5192. Post-Disaster Mental Health Response. TITLE LII--GOVERNMENTAL AFFAIRS Subtitle A--Intragovernmental Cybersecurity Information Sharing Act Sec. 5201. Requirement for information sharing agreements. Subtitle B--Improving Government for America`s Taxpayers Sec. 5211. Government Accountability Office unimplemented priority recommendations. Subtitle C--Advancing American AI Act Sec. 5221. Short title. Sec. 5222. Purposes. Sec. 5223. Definitions. Sec. 5224. Principles and policies for use of artificial intelligence in Government. Sec. 5225. Agency inventories and artificial intelligence use cases. Sec. 5226. Rapid pilot, deployment and scale of applied artificial intelligence capabilities to demonstrate modernization activities related to use cases. Sec. 5227. Enabling entrepreneurs and agency missions. Sec. 5228. Intelligence community exception. Subtitle D--Strategic EV Management Sec. 5231. Short Title. Sec. 5232. Definitions. Sec. 5233. Strategic guidance. Sec. 5234. Study of Federal fleet vehicles. Subtitle E--Congressionally Mandated Reports Sec. 5241. Short title. Sec. 5242. Definitions. Sec. 5243. Establishment of online portal for congressionally mandated reports. Sec. 5244. Federal agency responsibilities. Sec. 5245. Changing or removing reports. Sec. 5246. Withholding of information. Sec. 5247. Implementation. Sec. 5248. Determination of budgetary effects. DIVISION J--WATER RESOURCES DEVELOPMENT ACT OF 2022 Sec. 5001. Short title. Sec. 5002. Definition of Secretary. TITLE LI--GENERAL PROVISIONS Sec. 5101. Scope of feasibility studies. Sec. 5102. Shoreline and riverbank protection and restoration mission. Sec. 5103. Inland waterway projects. Sec. 5104. Protection and restoration of other Federal land along rivers and coasts. Sec. 5105. Policy and technical standards. Sec. 5106. Planning assistance to States. Sec. 5107. Floodplain management services. Sec. 5108. Workforce planning. Sec. 5109. Credit in lieu of reimbursement. Sec. 5110. Coastal cost calculations. Sec. 5111. Advance payment in lieu of reimbursement for certain Federal costs. Sec. 5112. Use of emergency funds. Sec. 5113. Research and development. Sec. 5114. Tribal and Economically Disadvantaged Communities Advisory Committee. Sec. 5115. Non-Federal Interest Advisory Committee. Sec. 5116. Underserved community harbor projects. Sec. 5117. Corps of Engineers Western Water Cooperative Committee. Sec. 5118. Updates to certain water control manuals. Sec. 5119. Sense of Congress on operations and maintenance of recreation sites. Sec. 5120. Relocation assistance. Sec. 5121. Reprogramming limits. Sec. 5122. Lease durations. Sec. 5123. Sense of Congress relating to post-disaster repairs. Sec. 5124. Payment of pay and allowances of certain officers from appropriation for improvements. Sec. 5125. Reforestation. Sec. 5126. Use of other Federal funds. Sec. 5127. National low-head dam inventory. Sec. 5128. Transfer of excess credit. Sec. 5129. National levee restoration. Sec. 5130. Inland waterways regional dredge pilot program. Sec. 5131. Funding to process permits. Sec. 5132. Non-Federal project implementation pilot program. Sec. 5133. Cost sharing for territories and Indian Tribes. Sec. 5134. Water supply conservation. Sec. 5135. Criteria for funding operation and maintenance of small, remote, and subsistence harbors. Sec. 5136. Protection of lighthouses. Sec. 5137. Expediting hydropower at Corps of Engineers facilities. Sec. 5138. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities. Sec. 5139. Dredged material management plans. Sec. 5140. Lease deviations. Sec. 5141. Columbia River Basin. Sec. 5142. Continuation of construction. TITLE LII--STUDIES AND REPORTS Sec. 5201. Authorization of feasibility studies. Sec. 5202. Special rules. Sec. 5203. Expedited completion of studies. Sec. 5204. Studies for periodic nourishment. Sec. 5205. NEPA reporting. Sec. 5206. GAO audit of projects over budget or behind schedule. Sec. 5207. GAO study on project distribution. Sec. 5208. GAO audit of joint costs for operations and maintenance. Sec. 5209. GAO review of Corps of Engineers mitigation practices. Sec. 5210. Sabine-Neches Waterway Navigation Improvement project, Texas. Sec. 5211. Great Lakes recreational boating. Sec. 5212. Central and Southern Florida. Sec. 5213. Investments for recreation areas. Sec. 5214. Western infrastructure study. Sec. 5215. Upper Mississippi River and Illinois Waterway System. Sec. 5216. West Virginia hydropower. Sec. 5217. Recreation and economic development at Corps facilities in Appalachia. Sec. 5218. Automated fee machines. Sec. 5219. Lake Champlain Canal, Vermont and New York. Sec. 5220. Report on concessionaire practices. TITLE LIII--DEAUTHORIZATIONS, MODIFICATIONS, AND RELATED PROVISIONS Sec. 5301. Additional assistance for critical projects. Sec. 5302. Southern West Virginia. Sec. 5303. Northern West Virginia. Sec. 5304. Local cooperation agreements, northern West Virginia. Sec. 5305. Special rule for certain beach nourishment projects. Sec. 5306. Coastal community flood control and other purposes. Sec. 5307. Modifications. Sec. 5308. Port Fourchon, Louisiana, dredged material disposal plan. Sec. 5309. Delaware shore protection and restoration. Sec. 5310. Great Lakes advance measures assistance. Sec. 5311. Rehabilitation of existing levees. Sec. 5312. Pilot program for certain communities. Sec. 5313. Rehabilitation of Corps of Engineers constructed pump stations. Sec. 5314. Chesapeake Bay environmental restoration and protection program. Sec. 5315. Evaluation of hydrologic changes in Souris River Basin. Sec. 5316. Memorandum of understanding relating to Baldhill Dam, North Dakota. Sec. 5317. Upper Mississippi River restoration program. Sec. 5318. Harmful algal bloom demonstration program. Sec. 5319. Colleton County, South Carolina. Sec. 5320. Arkansas River corridor, Oklahoma. Sec. 5321. Abandoned and inactive noncoal mine restoration. Sec. 5322. Asian carp prevention and control pilot program. Sec. 5323. Forms of assistance. Sec. 5324. Debris removal, New York Harbor, New York. Sec. 5325. Invasive species management. Sec. 5326. Wolf River Harbor, Tennessee. Sec. 5327. Missouri River mitigation, Missouri, Kansas, Iowa, and Nebraska. Sec. 5328. Invasive species management pilot program. Sec. 5329. Nueces County, Texas, conveyances. Sec. 5330. Mississippi Delta Headwaters, Mississippi. Sec. 5331. Ecosystem restoration, Hudson-Raritan Estuary, New York and New Jersey. Sec. 5332. Timely reimbursement. Sec. 5333. New Savannah Bluff Lock and Dam, Georgia and South Carolina. Sec. 5334. Lake Tahoe Basin restoration, Nevada and California. Sec. 5335. Additional assistance for Eastern Santa Clara Basin, California. Sec. 5336. Tribal partnership program. Sec. 5337. Surplus water contracts and water storage agreements. Sec. 5338. Copan Lake, Oklahoma. Sec. 5339. Enhanced development program. Sec. 5340. Ecosystem restoration coordination. Sec. 5341. Acequias irrigation systems. Sec. 5342. Rogers County, Oklahoma. Sec. 5343. Water supply storage repair, rehabilitation, and replacement costs. Sec. 5344. Non-Federal payment flexibility. Sec. 5345. North Padre Island, Corpus Christi Bay, Texas. Sec. 5346. Waiver of non-Federal share of damages related to certain contract claims. Sec. 5347. Algiers Canal Levees, Louisiana. Sec. 5348. Israel River ice control project, Lancaster, New Hampshire. Sec. 5349. City of El Dorado, Kansas. Sec. 5350. Upper Mississippi River protection. Sec. 5351. Regional Corps of Engineers Office, Corpus Christi, Texas. Sec. 5352. Pilot program for good neighbor authority on Corps of Engineers land. [[Page S6075]] Sec. 5353. Southeast Des Moines, Southwest Pleasant Hill, Iowa. Sec. 5354. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico. Sec. 5355. Comprehensive Everglades Restoration Plan, Florida. Sec. 5356. Maintenance dredging permits. Sec. 5357. Puget Sound nearshore ecosystem restoration, Washington. Sec. 5358. Tribal assistance. Sec. 5359. Recreational opportunities at certain projects. Sec. 5360. Rehabilitation of Corps of Engineers constructed dams. Sec. 5361. South Florida Ecosystem Restoration Task Force. Sec. 5362. New Madrid County Harbor, Missouri. Sec. 5363. Trinity River and tributaries, Texas. Sec. 5364. Rend Lake, Carlyle Lake, and Lake Shelbyville, Illinois. Sec. 5365. Federal assistance. Sec. 5366. Land transfer and trust land for Choctaw Nation of Oklahoma. Sec. 5367. Lake Barkley, Kentucky, land conveyance. TITLE LIV--WATER RESOURCES INFRASTRUCTURE Sec. 5401. Project authorizations. Sec. 5402. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska. Sec. 5403. Expedited completion of projects. Sec. 5404. Special rules. Sec. 5405. Chattahoochee River program. Sec. 5406. Lower Mississippi River Basin demonstration program. Sec. 5407. Forecast-informed reservoir operations. Sec. 5408. Mississippi River mat sinking unit. Sec. 5409. Sense of Congress relating to Okatibbee Lake. DIVISION K--COAST GUARD AUTHORIZATION ACT OF 2022 Sec. 5001. Short title; table of contents. Sec. 5002. Definition of Commandant. TITLE LI--AUTHORIZATIONS Sec. 5101. Authorization of appropriations. Sec. 5102. Authorized levels of military strength and training. Sec. 5103. Authorization for shoreside infrastructure and facilities. Sec. 5104. Authorization for acquisition of vessels. Sec. 5105. Authorization for the child care subsidy program. TITLE LII--COAST GUARD Subtitle A--Infrastructure and Assets Sec. 5201. Report on shoreside infrastructure and facilities needs. Sec. 5202. Fleet mix analysis and shore infrastructure investment plan. Sec. 5203. Acquisition life-cycle cost estimates. Sec. 5204. Report and briefing on resourcing strategy for Western Pacific region. Sec. 5205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba. Sec. 5206. Coast Guard Yard. Sec. 5207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. Sec. 5208. Improvements to infrastructure and operations planning. Sec. 5209. Aqua alert notification system pilot program. Subtitle B--Great Lakes Sec. 5211. Great Lakes winter commerce. Sec. 5212. Database on icebreaking operations in the Great Lakes. Sec. 5213. Great Lakes snowmobile acquisition plan. Sec. 5214. Great Lakes barge inspection exemption. Sec. 5215. Study on sufficiency of Coast Guard aviation assets to meet mission demands. Subtitle C--Arctic Sec. 5221. Establishment of the Arctic Security Cutter Program Office. Sec. 5222. Arctic activities. Sec. 5223. Study on Arctic operations and infrastructure. Subtitle D--Maritime Cyber and Artificial Intelligence Sec. 5231. Enhancing maritime cybersecurity. Sec. 5232. Establishment of unmanned system program and autonomous control and computer vision technology project. Sec. 5233. Artificial intelligence strategy. Sec. 5234. Review of artificial intelligence applications and establishment of performance metrics. Sec. 5235. Cyber data management. Sec. 5236. Data management. Sec. 5237. Study on cyber threats to the United States marine transportation system. Subtitle E--Aviation Sec. 5241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients. Sec. 5242. Report on Coast Guard Air Station Barbers Point hangar. Sec. 5243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard Aviation. Subtitle F--Workforce Readiness Sec. 5251. Authorized strength. Sec. 5252. Number and distribution of officers on active duty promotion list. Sec. 5253. Continuation on active duty of officers with critical skills. Sec. 5254. Career incentive pay for marine inspectors. Sec. 5255. Expansion of the ability for selection board to recommend officers of particular merit for promotion. Sec. 5256. Modification to education loan repayment program. Sec. 5257. Retirement of Vice Commandant. Sec. 5258. Report on resignation and retirement processing times and denial. Sec. 5259. Physical disability evaluation system procedure review. Sec. 5260. Expansion of authority for multirater assessments of certain personnel. Sec. 5261. Promotion parity. Sec. 5262. Partnership program to diversify the Coast Guard. Sec. 5263. Expansion of Coast Guard Junior Reserve Officers` Training Corps. Sec. 5264. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members. Sec. 5265. Strategy to enhance diversity through recruitment and accession. Sec. 5266. Support for Coast Guard Academy. Sec. 5267. Training for congressional affairs personnel. Sec. 5268. Strategy for retention of cuttermen. Sec. 5269. Study on performance of Coast Guard Force Readiness Command. Sec. 5270. Study on frequency of weapons training for Coast Guard personnel. Subtitle G--Miscellaneous Provisions Sec. 5281. Budgeting of Coast Guard relating to certain operations. Sec. 5282. Coast Guard assistance to United States Secret Service. Sec. 5283. Conveyance of Coast Guard vessels for public purposes. Sec. 5284. Authorization relating to certain intelligence and counter intelligence activities of the Coast Guard. Sec. 5285. Transfer and conveyance. Sec. 5286. Transparency and oversight. Sec. 5287. Study on safety inspection program for containers and facilities. Sec. 5288. Study on maritime law enforcement workload requirements. Sec. 5289. Feasibility study on construction of Coast Guard station at Port Mansfield. Sec. 5290. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 5291. Operational data sharing capability. Sec. 5292. Procurement of tethered aerostat radar system for Coast Guard Station South Padre Island. Sec. 5293. Assessment of Iran sanctions relief on Coast Guard operations under the Joint Comprehensive Plan of Action. Sec. 5294. Report on shipyards of Finland and Sweden. Sec. 5295. Prohibition on construction contracts with entities associated with the Chinese Communist Party. Sec. 5296. Review of drug interdiction equipment and standards; testing for fentanyl during interdiction operations. Sec. 5297. Public availability of information on monthly migrant interdictions. TITLE LIII--ENVIRONMENT Sec. 5301. Definition of Secretary. Subtitle A--Marine Mammals Sec. 5311. Definitions. Sec. 5312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals. Sec. 5313. Near real-time monitoring and mitigation program for large cetaceans. Sec. 5314. Pilot program to establish a Cetacean Desk for Puget Sound region. Sec. 5315. Monitoring ocean soundscapes. Subtitle B--Oil Spills Sec. 5321. Improving oil spill preparedness. Sec. 5322. Western Alaska oil spill planning criteria. Sec. 5323. Accident and incident notification relating to pipelines. Sec. 5324. Coast Guard claims processing costs. Sec. 5325. Calculation of interest on debt owed to the national pollution fund. Sec. 5326. Per-incident limitation. Sec. 5327. Access to the Oil Spill Liability Trust Fund. Sec. 5328. Cost-reimbursable agreements. Sec. 5329. Oil spill response review. [[Page S6076]] Sec. 5330. Review and report on limited indemnity provisions in standby oil spill response contracts. Sec. 5331. Additional exceptions to regulations for towing vessels. Subtitle C--Environmental Compliance Sec. 5341. Review of anchorage regulations. Sec. 5342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast. Subtitle D--Environmental Issues Sec. 5351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration. Sec. 5352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry. Sec. 5353. Fishing safety training grants program. Sec. 5354. Load lines. Sec. 5355. Actions by National Marine Fisheries Service to increase energy production. Subtitle E--Illegal Fishing and Forced Labor Prevention Sec. 5361. Definitions. Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring Sec. 5362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set. Sec. 5363. Data sharing and aggregation. Sec. 5364. Import audits. Sec. 5365. Availability of fisheries information. Sec. 5366. Report on Seafood Import Monitoring Program. Sec. 5367. Authorization of appropriations. Chapter 2--Strengthening International Fisheries Management to Combat Human Trafficking Sec. 5370. Denial of port privileges. Sec. 5371. Identification and certification criteria. Sec. 5372. Equivalent conservation measures. Sec. 5373. Capacity building in foreign fisheries. Sec. 5374. Training of United States Observers. Sec. 5375. Regulations. Sec. 5376. Use of Devices Broadcasting on AIS for Purposes of Marking Fishing Gear. TITLE LIV--SUPPORT FOR COAST GUARD WORKFORCE Subtitle A--Support for Coast Guard Members and Families Sec. 5401. Coast Guard child care improvements. Sec. 5402. Armed Forces access to Coast Guard child care facilities. Sec. 5403. Cadet pregnancy policy improvements. Sec. 5404. Combat-related special compensation. Sec. 5405. Study on food security. Subtitle B--Healthcare Sec. 5421. Development of medical staffing standards for the Coast Guard. Sec. 5422. Healthcare system review and strategic plan. Sec. 5423. Data collection and access to care. Sec. 5424. Behavioral health policy. Sec. 5425. Members asserting post-traumatic stress disorder or traumatic brain injury. Sec. 5426. Improvements to the Physical Disability Evaluation System and transition program. Sec. 5427. Expansion of access to counseling. Sec. 5428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields. Sec. 5429. Study on Coast Guard telemedicine program. Sec. 5430. Study on Coast Guard medical facilities needs. Subtitle C--Housing Sec. 5441. Strategy to improve quality of life at remote units. Sec. 5442. Study on Coast Guard housing access, cost, and challenges. Sec. 5443. Audit of certain military housing conditions of enlisted members of the Coast Guard in Key West, Florida. Sec. 5444. Study on Coast Guard housing authorities and privatized housing. Subtitle D--Other Matters Sec. 5451. Report on availability of emergency supplies for Coast Guard personnel. TITLE LV--MARITIME Subtitle A--Vessel Safety Sec. 5501. Abandoned Seafarers Fund amendments. Sec. 5502. Receipts; international agreements for ice patrol services. Sec. 5503. Passenger vessel security and safety requirements. Sec. 5504. At-sea recovery operations pilot program. Sec. 5505. Exoneration and limitation of liability for small passenger vessels. Sec. 5506. Moratorium on towing vessel inspection user fees. Sec. 5507. Certain historic passenger vessels. Sec. 5508. Coast Guard digital registration. Sec. 5509. Responses to safety recommendations. Sec. 5510. Comptroller General of the United States study and report on the Coast Guard`s oversight of third party organizations. Sec. 5511. Articulated tug-barge manning. Sec. 5512. Alternate safety compliance program exception for certain vessels. Subtitle B--Other Matters Sec. 5521. Definition of a stateless vessel. Sec. 5522. Report on enforcement of coastwise laws. Sec. 5523. Study on multi-level supply chain security strategy of the department of homeland security. Sec. 5524. Study to modernize the merchant mariner licensing and documentation system. Sec. 5525. Study and report on development and maintenance of mariner records database. Sec. 5526. Assessment regarding application process for merchant mariner credentials. Sec. 5527. Military to Mariners Act of 2022. Sec. 5528. Floating dry docks. TITLE LVI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE Sec. 5601. Definitions. Sec. 5602. Convicted sex offender as grounds for denial. Sec. 5603. Accommodation; notices. Sec. 5604. Protection against discrimination. Sec. 5605. Alcohol at sea. Sec. 5606. Sexual harassment or sexual assault as grounds for suspension and revocation. Sec. 5607. Surveillance requirements. Sec. 5608. Master key control. Sec. 5609. Safety management systems. Sec. 5610. Requirement to report sexual assault and harassment. Sec. 5611. Access to care and sexual assault forensic examinations. Sec. 5612. Reports to Congress. Sec. 5613. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault. Sec. 5614. Sex offenses and personnel records. Sec. 5615. Study on Coast Guard oversight and investigations. Sec. 5616. Study on Special Victims` Counsel program. TITLE LVII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. 5701. Definitions. Sec. 5702. Requirement for appointments. Sec. 5703. Repeal of requirement to promote ensigns after 3 years of service. Sec. 5704. Authority to provide awards and decorations. Sec. 5705. Retirement and separation. Sec. 5706. Improving professional mariner staffing. Sec. 5707. Legal assistance. Sec. 5708. Acquisition of aircraft for extreme weather reconnaissance. Sec. 5709. Report on professional mariner staffing models. Subtitle B--Other Matters Sec. 5711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. TITLE LVIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS Sec. 5801. Technical correction. Sec. 5802. Reinstatement. Sec. 5803. Terms and vacancies. TITLE LIX--RULE OF CONSTRUCTION Sec. 5901. Rule of construction. DIVISION L--OCEANS AND ATMOSPHERE Sec. 5001. Table of contents. TITLE LI--CORAL REEF CONSERVATION Sec. 5101. Short title. Subtitle A--Reauthorization of Coral Reef Conservation Act of 2000 Sec. 5111. Reauthorization of Coral Reef Conservation Act of 2000. Subtitle B--United States Coral Reef Task Force Sec. 5121. Establishment. Sec. 5122. Duties. Sec. 5123. Membership. Sec. 5124. Responsibilities of Federal agency members. Sec. 5125. Working groups. Sec. 5126. Definitions. Subtitle C--Department of the Interior Coral Reef Authorities Sec. 5131. Coral reef conservation and restoration assistance. Subtitle D--Susan L. Williams National Coral Reef Management Fellowship Sec. 5141. Short title. Sec. 5142. Definitions. Sec. 5143. Establishment of fellowship program. Sec. 5144. Fellowship awards. Sec. 5145. Matching requirement. TITLE LII--BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES Sec. 5201. Short title. Sec. 5202. Purpose. [[Page S6077]] Sec. 5203. Sense of Congress. Sec. 5204. Definitions. Sec. 5205. Workforce study. Sec. 5206. Accelerating innovation at Cooperative Institutes. Sec. 5207. Blue Economy valuation. Sec. 5208. No additional funds authorized. Sec. 5209. No additional funds authorized. TITLE LIII--REGIONAL OCEAN PARTNERSHIPS Sec. 5301. Short title. Sec. 5302. Findings; sense of Congress; purposes. Sec. 5303. Regional Ocean Partnerships. TITLE LIV--NATIONAL OCEAN EXPLORATION Sec. 5401. Short title. Sec. 5402. Findings. Sec. 5403. Definitions. Sec. 5404. Ocean Policy Committee. Sec. 5405. National Ocean Mapping, Exploration, and Characterization Council. Sec. 5406. Modifications to the ocean exploration program of the National Oceanic and Atmospheric Administration. Sec. 5407. Repeal. Sec. 5408. Modifications to ocean and coastal mapping program of the National Oceanic and Atmospheric Administration. Sec. 5409. Modifications to Hydrographic Services Improvement Act of 1998. TITLE LV--MARINE MAMMAL RESEARCH AND RESPONSE Sec. 5501. Short title. Sec. 5502. Data collection and dissemination. Sec. 5503. Stranding or entanglement response agreements. Sec. 5504. Unusual mortality event activity funding. Sec. 5505. Liability. Sec. 5506. National Marine Mammal Tissue Bank and tissue analysis. Sec. 5507. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund. Sec. 5508. Health MAP. Sec. 5509. Reports to Congress. Sec. 5510. Authorization of appropriations. Sec. 5511. Definitions. Sec. 5512. Study on marine mammal mortality. TITLE LVI--VOLCANIC ASH AND FUMES Sec. 5601. Short title. Sec. 5602. Modifications to National Volcano Early Warning and Monitoring System. TITLE LVII--WILDFIRE AND FIRE WEATHER PREPAREDNESS Sec. 5701. Short title. Sec. 5702. Definitions. Sec. 5703. Establishment of fire weather services program. Sec. 5704. National Oceanic and Atmospheric Administration data management. Sec. 5705. Digital fire weather services and data management. Sec. 5706. High-performance computing. Sec. 5707. Government Accountability Office report on fire weather services program. Sec. 5708. Fire weather testbed. Sec. 5709. Fire weather surveys and assessments. Sec. 5710. Incident Meteorologist Service. Sec. 5711. Automated surface observing system. Sec. 5712. Emergency response activities. Sec. 5713. Government Accountability Office report on interagency wildfire forecasting, prevention, planning, and management bodies. Sec. 5714. Amendments to Infrastructure Investment and Jobs Act relating to wildfire mitigation. Sec. 5715. Wildfire technology modernization amendments. Sec. 5716. Cooperation; coordination; support to non-Federal entities. Sec. 5717. International coordination. Sec. 5718. Submissions to Congress regarding the fire weather services program, incident meteorologist workforce needs, and National Weather Service workforce support. Sec. 5719. Government Accountability Office report; Fire Science and Technology Working Group; strategic plan. Sec. 5720. Fire weather rating system. Sec. 5721. Avoidance of duplication. Sec. 5722. Authorization of appropriations. TITLE LVIII--LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW DEVELOPERS Sec. 5801. Short title. Sec. 5802. Definitions. Sec. 5803. Purposes. Sec. 5804. Plan and implementation of plan to make certain models and data available to the public. Sec. 5805. Requirement to review models and leverage innovations. Sec. 5806. Report on implementation. Sec. 5807. Protection of national security interests. Sec. 5808. Authorization of appropriations. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. In this Act, the term ``congressional defense committees`` has the meaning given that term in section 101(a)(16) of title 10, United States Code. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation`` for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I--PROCUREMENT Subtitle A--Authorization of Appropriations SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense- wide activities, as specified in the funding table in section 4101. Subtitle B--Army Programs SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE CANNON ARTILLERY HOWITZERS. (a) Limitations.--In carrying out the acquisition of Extended Range Cannon Artillery howitzers, the Secretary of the Army shall-- (1) limit production of prototype Extended Range Cannon Artillery howitzers to not more than 18; (2) compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach; (3) include in any cost analysis or comparison-- (A) the value of a Paladin howitzer that may be modified to produce an Extended Range Cannon Artillery howitzer; and (B) the production value of government-owned infrastructure that would be leveraged to facilitate the modification; (4) use a full and open competitive approach using best value criteria for post-prototype production source selection; and (5) base any production strategy and source selection decisions on a full understanding of the cost of production, including-- (A) the comparison of production approaches described in paragraph (2); and (B) any cost analysis or comparison described in paragraph (3). (b) Certification.--Before issuing a request for proposal for the post-prototype production of an Extended Range Cannon Artillery howitzer, the Secretary of the Army shall-- (1) certify to the congressional defense committees that the acquisition strategy upon which the request for proposal is based complies with the requirements of subsection (a); and (2) provide a briefing to the congressional defense committees on that acquisition strategy and the relevant cost and value comparison described in subsection (a)(2). Subtitle C--Navy Programs SEC. 121. DDG(X) DESTROYER PROGRAM. (a) In General.--Notwithstanding subsection (e)(1) of section 3201 of title 10, United States Code, and in accordance with subsection (e)(3) of such section, the Secretary of the Navy, for the covered program, shall-- (1) award prime contracts for concept design, preliminary design, and contract design to eligible shipbuilders; (2) award prime contracts for detailed design and construction only to eligible shipbuilders; and (3) allocate not less than one vessel and not more than two vessels in the covered program to each eligible shipbuilder before making a competitive contract award for the construction of vessels in the covered program. (b) Collaboration Requirement.--The Secretary of the Navy shall maximize collaboration between the Federal Government and eligible shipbuilders throughout the design, development, and production of the covered program. (c) Competitive Incentive Requirement.--The Secretary of the Navy shall provide for competitive incentives throughout the design, development, and production of the covered program, including the following: (1) Design labor hours, provided neither eligible shipbuilder has fewer than 30 percent of aggregate design labor hours in any phase of vessel design. (2) Competitive solicitations for vessel procurement following the actions required by subsection (a)(3). (d) Technology Maturation Requirements.--The Secretary of the Navy shall incorporate into the acquisition strategy of the covered program the requirements of the following: (1) Section 131 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237). (2) Section 221 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1599). (e) Transition Requirement.--The Secretary of the Navy shall ensure a transition from the Arleigh Burke-class destroyer program to the covered program that maintains predictable production workload at eligible shipbuilders. (f) Definitions.--In this section: (1) Covered program.--The term ``covered program`` means the DDG(X) destroyer program. [[Page S6078]] (2) Eligible shipbuilder.--The term ``eligible shipbuilder`` means any of the following: (A) General Dynamics Bath Iron Works. (B) Huntington Ingalls Incorporated, Ingalls Shipbuilding division. (3) Predictable production workload.--The term ``predictable production workload`` means production workload that is not less than 70 percent of the average production workload of the Arleigh Burke-class destroyer program over the most recent five-fiscal year period throughout the transition from the Arleigh Burke-class destroyer program to the covered program. SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS DESTROYERS. (a) Authority for Multiyear Procurement.--Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers. (b) Authority for Advance Procurement.--The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable. (c) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Contract Requirement.-- (1) In general.--The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes a priced option to procure an additional such destroyer in each of fiscal years 2023 through 2027. (2) Option defined.--In this subsection, the term ``option`` has the meaning given that term in section 2.101 of the Federal Acquisition Regulation (or any successor regulation). SEC. 123. BLOCK BUY CONTRACTS FOR SHIP-TO-SHORE CONNECTOR PROGRAM. (a) Block Buy Contract Authority.--Beginning in fiscal year 2023, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of up to 10 Ship-to- Shore Connector class craft and associated material. (b) Liability.--Any contract entered into under subsection (a) shall provide that-- (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. (c) Certification Required.--A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program: (1) The use of such a contract is consistent with the Chief of Naval Operations` projected force structure requirements for such craft. (2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of-- (A) the estimated end cost and appropriated funds by fiscal year, by craft, without the authority provided in subsection (a); (B) the estimated end cost and appropriated funds by fiscal year, by craft, with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year, by craft, with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic, including a description of the basis for such estimates. (5) The use of such a contract will promote the national security of the United States. (d) Milestone Decision Authority Defined.--In this section, the term ``milestone decision authority`` has the meaning given the term in section 4251(d) of title 10, United States Code. SEC. 124. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS FLEET REPLENISHMENT OILER SHIPS. (a) Contract Authority.-- (1) Procurement authorized.--In fiscal year 2023 or 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships. (2) Procurement in conjunction with existing contracts.-- The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering such program. (b) Certification Required.--A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program: (1) The use of such a contract is consistent with the Department of the Navy`s projected force structure requirements for such ships. (2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of-- (A) the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a); (B) the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (3) There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation. (4) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (5) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic. (6) The use of such a contract will promote the national security of the United States. (7) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation. (c) Authority for Advance Procurement.--The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable. (d) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year. (e) Milestone Decision Authority Defined.--In this section, the term ``milestone decision authority`` has the meaning given the term in section 4251(d) of title 10, United States Code. SEC. 125. TOMAHAWK CRUISE MISSILE CAPABILITY ON FFG-62 CLASS VESSELS. Before accepting delivery of any FFG-62 class vessel, the Secretary of the Navy shall require that the vessel be capable of carrying and employing Tomahawk cruise missiles. SEC. 126. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT INITIATIVE. (a) In General.--Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8696. Navy shipbuilding workforce development initiative. ``(a) Requirement.-- ``(1) In general.--The Secretary of the Navy shall ensure that any award for a covered contract or contract modification includes a separate and distinct line item for workforce development. ``(2) Covered contracts and contract modifications.--For purposes of this subsection, a covered contract or contract modification is a construction contract or contract modification for the procurement of one or more naval vessels entered into using funds from the Shipbuilding and Conversion, Navy account with a prime contractor that will deliver such vessel or vessels to the Navy. ``(3) Amount of line item.--The amount of funding in a line item for workforce development required under subsection (a)(1) shall be not less than one-half of one percent and not more than one percent of the target price of the contract concerned. ``(b) Matching Contribution Requirement.-- ``(1) In general.--Funds for a line item for workforce development required under subsection (a)(1) may be obligated 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 a separate and distinct cumulative contribution for workforce development; and ``(B) in an amount that is-- ``(i) equal to the amount of the contribution described in subparagraph (A), if the contribution is less than the amount of funding in the line item; or ``(ii) equal to the amount of funding in the line item, if the contribution is equal to or greater than the amount of such funding. ``(2) Entities described.--The entities described in this paragraph are the following: [[Page S6079]] ``(A) The prime contractor receiving the award described in subsection (a)(1). ``(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. ``(c) Authorized Activities.-- ``(1) In general.--Funds for a line item for workforce development required under subsection (a)(1) may be used 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. ``(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 and high school programs, specifically career and technical education programs, to promote and develop manufacturing skills. ``(D) Facilities developed or modified for the primary purpose of workforce development. ``(E) 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 line item 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) Qualified Subcontractor Defined.--In this section, the term `qualified subcontractor` means a subcontractor to a prime contractor receiving an award described in subsection (a)(1) that will deliver the vessel or vessels covered by the award to the Navy.``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 863 of such title is amended by adding at the end the following new item: ``8696. Navy shipbuilding workforce development initiative. (c) Applicability.--Section 8696 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts and contract modifications entered into on or after June 1, 2023. SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT WATERBORNE SECURITY BARRIERS. (a) In General.--Subsection (a) of section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1570), is further amended by striking ``for fiscal years 2019, 2020, 2021, or 2022`` and inserting ``for any of fiscal years 2019 through 2023``. (b) Technical Amendment.--Subsection (b)(4) of such section is amended by striking ``section 2304`` and inserting ``sections 3201 through 3205``. SEC. 128. LIMITATION ON RETIREMENT OF E-6B AIRCRAFT. The Secretary of the Navy may take no action that would prevent the Navy from maintaining the fleet of E-6B aircraft in the configuration and capability in effect as of the date of the enactment of this Act until the date on which the Chair of the Joint Requirements Oversight Council certifies in writing to the congressional defense committees that the replacement capability for the E-6B aircraft will-- (1) be fielded at the same time or before the retirement of the E-6B aircraft; and (2) result in equal or greater capability available to the commanders of the combatant commands. SEC. 129. EA-18G AIRCRAFT. (a) Prohibition.--None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Navy may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any EA-18G aircraft. (b) Transfer of Aircraft.--The Secretary of the Navy shall transfer the EA-18G aircraft associated with the expeditionary land-based electronic attack squadrons to the Navy Reserve. (c) Establishment of Squadrons.--The Secretary of the Air Force shall designate one or more units from the Air National Guard or the Air Force Reserve to join with the Navy Reserve to establish one or more joint service expeditionary, land- based electronic attack squadrons to match the capability of such squadrons assigned to Naval Air Station Whidbey Island, Washington, as of the date of the enactment of this Act. (d) Report on Implementation Plan.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the congressional defense committees a report on the plan of the Secretaries to implement this section. SEC. 130. BLOCK BUY CONTRACTS FOR CH-53K HEAVY LIFT HELICOPTER PROGRAM. (a) Block Buy Contract Authority.--During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of airframes and engines in support of the CH-53K heavy lift helicopter program (in this section referred to as the ``program``). (b) Liability.--Any contract entered into under subsection (a) shall provide that-- (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination. (c) Certification Required.--A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(d) of title 10, United States Code) for the program: (1) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of-- (A) the estimated obligations and expenditures by fiscal year for the program without the authority provided in subsection (a); (B) the estimated obligations and expenditures by fiscal year for the program with the authority provided in subsection (a); (C) the estimated cost savings or increase by fiscal year for the program with the authority provided in subsection (a); (D) the discrete actions that will accomplish such cost savings or avoidance; and (E) the contractual actions that will ensure the estimated cost savings are realized. (2) There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation. (3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic. (5) The use of such a contract will promote the national security of the United States. (6) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation. (7) The contract will be a fixed price type contract. Subtitle D--Air Force Programs SEC. 141. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF E-3 AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT. (a) Prohibition.--Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any E-3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 26. (b) Exception for Acquisition Strategy.--If the Secretary of the Air Force submits to the congressional defense committees an acquisition strategy for the E-7 Wedgetail approved by the Service Acquisition Executive of the Air Force, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E-3 aircraft to 21 after the date on which the strategy is so submitted. (c) Exception for Contract Award.--If the Secretary of the Air Force awards a contract for the E-7 Wedgetail aircraft, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E-3 aircraft to 16 after the date on which such contact is so awarded. SEC. 142. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIR REFUELING TANKER AIRCRAFT. (a) Modification of General Requirement.--Section 135(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3431) is amended by striking ``412`` and inserting ``400``. (b) Modification of Limitation on Retirement of KC-135 Aircraft.--Section 137(b)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1576) is amended by striking ``18`` and inserting ``31``. SEC. 143. PROHIBITION ON REDUCTIONS TO INVENTORY OF F-22 BLOCK 20 AIRCRAFT. (a) Prohibition.--Except as provided in subsection (b), none of the funds authorized [[Page S6080]] to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any F-22 Block 20 aircraft. (b) Expiration of Prohibition.--The prohibition under subsection (a) shall cease to have effect on the date on which the Secretary of the Air Force submits to the congressional defense committees-- (1) a detailed plan approved by the Secretary to conduct formal training for F-22 aircrews to ensure that the combat capability at operational units would not be degraded if the Air Force were to retire all F-22 Block 20 aircraft; and (2) a report on how the Secretary intends to avoid-- (A) diminishing the combat effectiveness of remaining F-22 aircraft; (B) exacerbating F-22 aircraft availability concerns; and (C) complicating F-22 aircraft squadron maintenance issues. Subtitle E--Defense-wide, Joint, and Multiservice Matters SEC. 151. PARTS FOR COMMERCIAL DERIVATIVE AIRCRAFT AND ENGINES AND AIRCRAFT BASED ON COMMERCIAL DESIGN. (a) In General.--The Secretary of the Air Force and the Secretary of the Navy shall-- (1) include covered parts in supply chain solutions to provide for replacement or increased inventories for-- (A) all commercial derivative aircraft and engines of the Department of Defense; and (B) all aircraft of the Department that are based on commercial design; (2) conduct the acquisition of all follow-on covered parts on a competitive basis, based on price and quality; and (3) procure covered parts only from suppliers that provide covered parts that possess a FAA Authorized Release Certificate, FAA Form 8130-3 Airworthy Approval Tag, from a repair station certified pursuant to part 145 of title 14, Code of Federal Regulations (or successor regulation). (b) Covered Parts Defined.--In this section, the term ``covered parts``-- (1) means used, overhauled, reconditioned, or re- manufactured common or dual use parts certified as airworthy by the Federal Aviation Administration; and (2) does not include life limited parts. SEC. 152. ASSESSMENT AND STRATEGY FOR FIELDING COUNTER UNMANNED AERIAL SYSTEMS SWARM CAPABILITIES. (a) Assessment, Analysis, and Review.--The Secretary of Defense shall conduct-- (1) an assessment of the threats posed by unmanned aerial system (UAS) swarms or unmanned aerial systems with indicative swarm capabilities to installations and deployed armed forces; (2) an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including China, Russia, Iran, North Korea, and non-state actors; (3) an analysis of the implication of swarming technologies such as autonomous intelligence and machine learning; (4) a review of current fielded systems and whether they effectively counter a wide range of potential unmanned aerial system swarm threats; and (5) an overview of development efforts and field tests of technologies that offer scalable, modular, and rapidly deployable systems that could counter unmanned aerial system swarms. (b) Strategy Development and Implementation Required.-- (1) In general.--The Secretary shall develop and implement a strategy to field systems to counter threats posed by unmanned aerial system swarms. (2) Elements.--The strategy required by paragraph (1) shall include the following: (A) The development of a comprehensive definition of ``unmanned aerial system swarm``. (B) A plan to establish and incorporate requirements for development, testing, and fielding of counter unmanned aerial system swarm capabilities. (C) A plan to acquire and field adequate organic capabilities to counter unmanned aerial system swarms in defense of United States armed forces, assets, and infrastructure across land, air, and maritime domains. (D) An estimate of resources needed by the Army, the Navy, and the Air Force to implement the plan required by paragraph (3). (E) An analysis, determination, and prioritization of legislative action required to ensure the Department has the ability to counter the threats described in subsection (a)(1). (F) Such other matters as the Secretary considers pertinent. (3) Incorporation into existing strategy.--The Secretary may incorporate the strategy required by paragraph (1) into a strategy that was in effect on the day before the date of the enactment of this Act. (c) Information to Congress.--Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on-- (1) the findings of the Secretary under subsection (a); and (2) the strategy developed and implemented by the Secretary under subsection (b). SEC. 153. TREATMENT OF NUCLEAR MODERNIZATION AND HYPERSONIC MISSILE PROGRAMS WITHIN DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM. (a) Sense of Senate.--It is the sense of the Senate that-- (1) the United States is entering into an unprecedented period of strategic competition with two potential adversaries, each of which now possesses, or will acquire, nuclear and missile forces equal to or greater than such forces possessed by the United States; (2) ensuring the continued deterrence of the growing threat of the nuclear capabilities of such adversaries requires-- (A) safe, secure, effective, and credible nuclear forces, with a range of flexible employment options, available to the President; and (B) robust missile forces capable of overcoming current and future missile defenses; (3) such forces can only be achieved through the rapid and complete modernization of legacy nuclear capabilities of the United States and the timely development of a range of ballistic, cruise, and hypersonic boost-glide missiles; (4) ongoing Department of Defense and National Nuclear Security Administration programs and projects to achieve the modernization of United States nuclear forces enjoy virtually no scheduled margin for delivery prior to the expected retirement or decommissioning of legacy systems and facilities, even as the People`s Republic of China, the Russian Federation, and North Korea work to rapidly modernize and expand their nuclear arsenals; (5) the People`s Republic of China, the Russian Federation, and North Korea are-- (A) engaged in a variety of missile programs intended to defeat the missile defense capabilities of the United States and its allies; and (B) expected to field such capabilities in greater volumes than the United States; (6) imbalances in such capabilities are inherently destabilizing and represent profound risks to the security of the United States and its allies and to global stability at large; (7) the Secretary of Defense and the Secretary of Energy should leverage all available tools to reduce the risk of schedule delays in nuclear modernization and hypersonic missile programs and projects, including by-- (A) universally applying the authorities provided by the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to each such program or project; and (B) assigning a DX priority rating under part 700 of title 15, Code of Federal Regulations, to each such program or project; (8) the assignment of DX priority ratings would help minimize the risk that such programs and projects are unnecessarily delayed due to misallocations of industrial materials, services, or facilities; and (9) the Secretary of Defense and the Secretary of Energy should promptly inform Congress of any additional opportunities to further reduce risks relating to such programs and projects or the schedules for such programs and projects that could be achieved through the adjustment of existing authorities. (b) Report and Certification.-- (1) In general.--Not later than January 1, 2023, the Secretary of Defense and the Secretary of Energy shall jointly submit to the congressional defense committees a report including-- (A) with respect to each nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration, a determination of whether such program or project should be assigned a DX priority rating under part 700 of title 15, Code of Federal Regulations; (B) for any such program or project that the respective Secretary determines under subparagraph (A) should be assigned a DX priority rating, a confirmation that such program or project has been assigned a DX rating; and (C) for any such program or project that has not been assigned a DX priority rating as of January 1, 2023-- (i) an explanation for any delay in assigning such a rating; and (ii) a timeline for the assignment of such a rating. (2) Annual certification.--For any nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration that the respective Secretary determines under paragraph (1)(A) should not be assigned a DX priority rating , the Secretary shall, until such program reaches full operational capability, annually submit to the congressional defense committees a certification that the lack of assignment of such rating will not negatively affect the delivery of operational capabilities by such program or project. (3) Nondelegation.--The Secretary may not delegate a determination under paragraph (1)(A) to any other official. SEC. 154. GOVERNMENT ACCOUNTABILITY OFFICE ASSESSMENT OF EFFORTS TO MODERNIZE PROPULSION SYSTEMS OF THE F-35 AIRCRAFT. (a) In General.--Not later than February 28, 2023, the Comptroller General of the United States shall conduct an assessment of efforts to modernize propulsion systems of the F-35 aircraft. (b) Elements.--The findings of the assessment required by subsection (a) shall set forth the following: [[Page S6081]] (1) The results of a comparative analysis and independent cost assessment, conducted by the Comptroller General, of options to modernize propulsion systems of the F-35 aircraft, including-- (A) modernizing the existing F135 engine; and (B) the development and insertion of the Adaptive Engine Transition Program engine. (2) The costs of the alternatives associated with development, production, retrofit, integration, and installation, including air vehicle modifications, and sustainment infrastructure requirements of the Adaptive Engine Transition Program engine for the F-35A aircraft. (3) An assessment of progress made by prototype aircraft in the Adaptive Engine Transition Program effort. (4) The timeline associated with modernizing the F135 engine to meet Block 4 upgrade requirements for the F-35A aircraft. (5) The costs associated with modernizing the F135 engine to meet Block 4 upgrade requirements. (6) An assessment of the potential impact of the modernization alternatives described in this subsection on life cycle sustainment and sparing contracts, including the impact on international partners. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A--Authorization of Appropriations SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. Subtitle B--Program Requirements, Restrictions, and Limitations SEC. 211. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF RESEARCH AND DEVELOPMENT FUNDS. (a) In General.--Chapter 301 of title 10, United States Code, is amended by inserting after section 4026 the following new section: ``Sec. 4027. Disclosure requirements for recipients of research and development funds ``(a) In General.--Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities. ``(b) Exception.--The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters. ``(c) Waiver.--The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis. ``(d) Public Document Defined.--In this section, the term `public document` means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.``. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4026 the following new item: ``4027. Disclosure requirements for recipients of research and development funds. SEC. 212. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT PROJECT AUTHORITY. (a) In General.--Section 2350a of title 10, United States Code, is amended-- (1) in subsection (a)(2), by adding at the end the following: ``(F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations.``; and (2) in subsection (i), by amending paragraph (1) to read as follows: ``(1) The term `cooperative research and development project` means a project-- ``(A) involving joint participation by-- ``(i) the United States and-- ``(ii)(I) one or more countries and organizations referred to in subsection (a)(2) under a memorandum of understanding (or other formal agreement); or ``(II) one or more parties in the national technology and industrial base (as defined in section 4801 of this title) under a memorandum of understanding (or other formal agreement); and ``(B) to carry out a joint research and development program-- ``(i) to develop new conventional defense equipment and munitions; or ``(ii) to modify existing military equipment to meet United States military requirements.``. (b) Conforming Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulations to conform with section 2350a of title 10, United States Code, as amended by subsection (a). SEC. 213. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS PROGRAM. (a) Resource Sponsor.-- (1) In general.--The Commander of Naval Air Systems Command (NAVAIR) shall, in conjunction with the Director of Air Warfare (OPNAV N98), serve as the resource sponsor for the Advanced Sensor Applications Program (known as ``ASAP`` and in this section referred to as the ``Program``). (2) Responsibilities.--The resource sponsor of the Program shall be responsible for the following: (A) Developing budget requests relating to the Program. (B) Establishing priorities for the Program. (C) Approving the execution of funding and projects for the Program. (D) Coordination and joint planning with external stakeholders in matters relating to the Program. (b) Limitations.--No other entity in the Department of the Navy may-- (1) serve as a resource sponsor for the Program; (2) provide direction and management for the Program; (3) set priorities for the Program; (4) regulate or limit the information available or accessible to the Program; (5) edit reports or findings generated under the Program; or (6) coordinate and manage interactions of the Program with external stakeholders. (c) Authority for Program Manager.--The program manager for the Program may access, consider, act on, and apply information, at all levels of classification and from all sources and organizations, that is pertinent to the projects and activities that the Program is executing, or considering proposing for the future. (d) Quarterly Briefings.--Not less frequently than once every three months, the program manager for the Program shall provide the congressional defense committees and congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the Program, including on the implementation of this section, other congressional direction, and direction and oversight from the Commander of Naval Air Systems Command and other higher headquarters. (e) Strategic Relationship.--The program manager for the Program shall evaluate the feasibility and advisability of establishing a strategic relationship with the Naval Research Laboratory for scientific and technical assistance and support for the Program. (f) Use of Assets.--The Commander shall take all actions the Commander considers reasonable-- (1) to enable the Program to utilize assets controlled within the Naval Air Systems Command enterprise, including sensor systems and platforms; and (2) to pursue the use of other assets that may further the mission of the Program. SEC. 214. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS. Section 4022 of title 10, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by striking ``, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),`` both places it appears; (B) in subparagraph (A)(ii), by striking ``; and`` and inserting a semicolon; (C) in subparagraph (B)(ii), by striking the period at the end and inserting ``; and``; and (D) by adding at the end the following new subparagraph: ``(C) may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official-- ``(i) determines in writing that-- ``(I) the requirements of subsection (d) will be met; and ``(II) the use of the authority of this section is essential to meet critical national security objectives; and ``(ii) notifies the congressional defense committees in writing of the findings required under clause (i) at the time such authority is exercised.``; and (2) in subsection (e)-- (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: ``(1) The term `covered official` means-- ``(A) a service acquisition executive; ``(B) the Director of the Defense Advanced Research Projects Agency; ``(C) the Director of the Missile Defense Agency; ``(D) the Undersecretary of Defense for Acquisition and Sustainment; or ``(E) the Undersecretary of Defense for Research and Engineering.``; and (C) by inserting after paragraph (2), as so redesignated, the following new paragraph: ``(3) The term `service acquisition executive` has the meaning given the term in section 101 of this title.``. SEC. 215. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS OF ELECTROMAGNETIC WARFARE TECHNOLOGY. (a) Demonstrations and Tests Required.--Not later than 270 days after the date of the enactment of this Act, the Director of the Air Force Rapid Capabilities Office (RCO) shall conduct competitively awarded demonstrations and tests of commercial electronics technology to determine whether technology currently exists that could enable the following electromagnetic warfare capabilities: (1) The operation of multiple emitters and receivers in the same frequency at the same [[Page S6082]] time and in the same location without mutual interference and without using adaptive beam forming or nulling. (2) Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high- power jammers at a level that is significantly better than the protection afforded by Controlled Reception Pattern Antennas. (3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference. (4) Capabilities similar to paragraphs (1) through (3) in a live, virtual constructive simulation environment. (5) Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan. (b) Oversight of Tests.--The Director of Operational Test and Evaluation shall-- (1) provide oversight of the demonstrations and tests required by subsection (a); (2) review other applicable government or commercial demonstrations and tests; and (3) not later than 30 days after the completion of the demonstrations and tests under subsection (a), independently advise the Chief Information Officer (CIO) of the Department of Defense, the Under Secretary of Defense for Research and Engineering (USD R&E), and the Under Secretary of Defense for Acquisition and Sustainment (USD A&S) of the outcomes of the demonstrations and tests. (c) Outcome-based Actions Required.--If the Director of Operational Test and Evaluation and the Director of the Air Force Rapid Capabilities Office affirm that the demonstrations and tests under subsection (a) confirm that current technology could enable the capabilities described in paragraphs (1) through (3) of such subsection-- (1) not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall brief the congressional defense committees on the outcomes of the tests; (2) the Director of the Air Force Rapid Capabilities Office may commit additional funds to begin engineering form, fit, and function development and integration for specific Department of Defense platforms and applications; and (3) not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on a plan to further develop and deploy the demonstrated and tested technologies to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan. SEC. 216. GOVERNMENT-INDUSTRY WORKING GROUP ON MICROELECTRONICS. (a) Establishment.-- (1) In general.--The Secretary of Defense shall establish a working group for industry, academia, and Department of Defense components to coordinate on microelectronics issues of mutual interest as specified in subsection (b). (2) Composition.--The working group established under paragraph (1) shall be composed of representatives of industry, academia, and Department of Defense components. (3) Designation.--The working group established under paragraph (1) shall be referred to as the ``Government- Industry Working Group on Microelectronics`` (in this section referred to as the ``Working Group``). (b) Scope.--The Secretary shall ensure that the Working Group supports dialogue and coordination on the following topic areas relating to microelectronics: (1) Future research needs. (2) Infrastructure needs and shortfalls. (3) Technical and process standards. (4) Training and certification needs for the workforce. (5) Supply chain issues. (6) Supply chain, manufacturing, and packaging security. (c) Administrative Support Framework.-- (1) Charter and policies.--Not later than March 1, 2023, the Secretary of Defense shall develop a charter and issue policies for the functioning of the Working Group. (2) Support.--The joint federation of capabilities established under section 937 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) shall provide administrative support to the Working Group. (d) Rule of Construction.--Nothing in this section shall be construed to give a competitive advantage to any participant in the Working Group. (e) Sunset.--The provisions of this section shall terminate on December 31, 2030. SEC. 217. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING IN PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING. Section 4092 of title 10, United States Code, is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(10) Office of the under secretary of defense for research and engineering.--The Undersecretary 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.``; and (2) in subsection (b)(1)-- (A) in subparagraph (H), by striking ``; and`` and inserting a semicolon; (B) in subparagraph (I), by striking the semicolon and inserting ``; and``; and (C) by adding at the end the following new subparagraph: ``(J) in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;``. SEC. 218. INVESTMENT PLAN FOR FOUNDATIONAL CAPABILITIES NEEDED TO DEVELOP NOVEL PROCESSING APPROACHES FOR FUTURE DEFENSE APPLICATIONS. (a) Investment Plans Required.--Not later than November 1, 2023, and not less frequently than once every three years thereafter until December 31, 2035, the Secretary of Defense shall submit to the congressional defense committees an investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications. (b) Purpose.--The purpose of the investment plan required by subsection (a) is to establish an integrated approach to the identification, prioritization, development, and leveraging of Department of Defense investments from the research, development, test, and evaluation accounts of the Department. (c) Elements.--The investment plan required by subsection (a) shall-- (1) identify current and projected investments in research and technology development to support fielding and use of novel processing approaches; (2) identify current and projected investments supporting the acceleration of novel processing approaches, including investments in-- (A) personnel and workforce capabilities; (B) facilities and infrastructure to host systems utilizing novel processing approaches; (C) algorithm developments necessary to expand the functionality from each novel processing approach; (D) other Federal agencies and federally sponsored laboratories; and (E) appropriate international and commercial sector organizations and activities; (3) describe mechanisms to coordinate and leverage investments within the Department and with non-Federal partners; (4) describe the technical goals to be achieved and capabilities to be developed under the strategy; and (5) include recommendations for such legislative or administration action as may support the effective execution of the investment plan. (d) Form.--Each plan submitted under subsection (a) shall be submitted in such form as the Secretary considers appropriate, which may include classified, unclassified, and publicly releasable formats. (e) Novel Processing Approaches Defined.--In this section, the term ``novel processing approaches`` means-- (1) new, emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and (2) associated algorithm and hardware development needed to instantiate such techniques. SEC. 219. OPEN RADIO ACCESS NETWORK 5G ACQUISITION ACCELERATION AND TRANSITION PLANS. (a) Three-year Transition Plan Required.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Assistant Secretary of the Air Force for Acquisition and Research, in coordination with and under the oversight of the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment, shall each develop and submit to the congressional defense committees an unclassified three-year transition plan for fifth generation information and communications technology (5G) infrastructure for their respective military department. (2) Elements.--The transition plans identified under paragraph (1) shall include-- (A) an operational needs assessment that identifies the highest priority areas where fifth generation information and communications technologies should be deployed; (B) an investment plan that includes funding estimates, by fiscal year and appropriation account, to accelerate the maturation, acquisition, and deployment of fifth generation information and communications capabilities that use the open radio access network approach on Department of Defense facilities and systems; (C) metrics and reporting mechanisms to drive progress towards the three-year transition goal; (D) identification and designation of a single point of contact at each installation, and within each of the services to facilitate the deployment of fifth generation information and communications technologies; (E) planned efforts to streamline the real estate, contracting, and communications [[Page S6083]] policies and processes to field wireless infrastructure that has resulted in a lengthy approval processes for industry to provide on-air wireless coverage on an installation; (F) identification of other areas of concern that require investment to support the transition to fifth generation information and communications technology that uses the open radio access network approach; and (G) such other matters as the Secretary of Defense considers appropriate. (b) Cross-functional Team Assessment.-- (1) Assessment and briefing required.--Not later than 150 days after the date of the enactment of this Act and after all of the plans required by subsection (a)(1) have been submitted in accordance with such subsection, the cross- functional team established pursuant to section 224(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 4571 note) shall assess such plans and provide the congressional defense committees with a briefing on the findings of the cross functional team with respect to such assessment. (2) Elements.--The briefing provided under paragraph (1) shall include the following: (A) Recommendations to further accelerate the deployment of fifth-generation information and communications technologies that use the open radio access network approach across the Department of Defense. (B) Recommendations to standardize and streamline the real estate, contracting, and communications policies and processes to field wireless infrastructure on an installation. (C) An engagement plan for Department participants in international wireless standards setting bodies. (D) Such other matters as the cross functional team described in paragraph (1) considers appropriate. (c) Open Radio Access Network Approach Defined.--In this section the term ``open radio access network approach`` means an approach to networking that uses a disaggregated or virtualized radio access network and core in which components can be provided by different vendors and interoperate through open protocols and interfaces, including those protocols and interfaces utilizing the Open Radio Access Network (commonly known as ``Open RAN` ``) approach. SEC. 220. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF ELECTRIC VEHICLE BATTERY TECHNOLOGIES FOR WARFIGHTERS. (a) Establishment.-- (1) In general.--The Secretary of Defense may establish and carry out a pilot program to assess the feasibility and advisability of providing support to domestic battery producers, particularly those producing lithium-ion cells and battery packs-- (A) to facilitate the research and development of safe and secure battery technologies for existing as well as new or novel battery chemistry configurations; (B) to assess existing commercial battery offerings within the marketplace for viability and utility for warfighter applications; and (C) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production. (2) Designation.--The pilot program established under paragraph (1) shall be known as the ``Warfighter Electric Battery Transition Project`` (referred to in this section as the ``Project``). (b) Grants, Contracts, and Other Agreements.--The Secretary may carry out the Project through the award of support, as described in subsection (a)(1), in the form of grants to, or contracts or other agreements with, battery producers, particularly those producing lithium-ion cells and battery packs. (c) Use of Grant and Contract Amounts.--A recipient of a grant, contract, or other agreement under the Project may use the amount of the grant, contract, or other agreement to carry out the following: (1) Conducting research and development to validate new or novel battery chemistry configurations, including through experimentation, prototyping, testing, integration or manufacturing feasibility assessment. (2) Providing commercially available technologies to each Secretary of a military department and the commanders of combatant commands to support utility assessments or other testing by warfighters. (3) Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to the specific operational challenges of the Department. (d) Priority of Awards.--In awarding grants, contracts, or other agreements under the Project, the Secretary shall give preference to technology producers that-- (1) manufacture battery cells, packs, and modules in the United States; (2) manufacture battery cells, packs, and modules in the national technology industrial base (NTIB); (3) provide modularity to support diverse applications; (4) facilitate safety in tactical and combat applications by using chemistries that reduce thermal runaway and minimize oxygen liberation; (5) facilitate optimal use in light- medium- and heavy-duty applications by providing a minimum of 400 Wh/L of volumetric energy density; (6) demonstrate new or novel battery chemistry configurations, safety characteristics, or form-factor configurations; (7) facilitate the domestic supply chain for raw materials; and (8) offer commercial products or commercial services and maintains customers with verified purchase orders. (e) Reporting and Data Collection.-- (1) Plan required before implementation.--The Secretary may not commence the Project until the Secretary has completed a plan for the implementation of the Project, including-- (A) collecting, analyzing, and retaining Project data; (B) developing and sharing best practices for achieving the objectives of the Project; (C) identification of any policy or regulatory impediments inhibiting the execution of the program; and (D) sharing results from the program across the Department, and with elements of the Federal Government, including the legislative branch of the Federal Government. (f) Administration.--The Under Secretary of Defense for Research and Engineering shall administer the Project. (g) Termination.--The Project shall terminate on December 31, 2028. Subtitle C--Plans, Reports, and Other Matters SEC. 231. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES COMMAND RESEARCH PROGRAM REALIGNMENT STUDY. (a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the recommendations made by the National Academies in the Army Futures Command Research Program Realignment Study. (b) Contents.--The report submitted under subsection (a) shall include the following: (1) A description of each recommendation described in such subsection that has already been implemented. (2) A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation. (3) A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation. (4) For each recommendation under paragraph (3) the Secretary determines to implement, the following: (A) A timeline for implementation. (B) A description of any additional resources or authorities required for implementation. (C) The plan for implementation. (5) For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the determination not to implement. (c) Format.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 232. STRATEGY AND PLAN FOR STRENGTHENING AND FOSTERING DEFENSE INNOVATION ECOSYSTEM. (a) Strategy and Implementation Plan Required.--Not later than March 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a strategy and an implementation plan for the defense innovation ecosystem. (b) Purposes.-- (1) Strategy.--The purpose of the strategy required by subsection (a) is to provide a framework for identifying, assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and warfighting missions of the Department of Defense. (2) Implementation plan.--The purpose of the implementation plan required by subsection (a) is to provide-- (A) concrete steps and measures of effectiveness to gauge the effect of the innovation ecosystems described in paragraph (1) on the Department; and (B) a means for assessing the effectiveness of approaches taken by the Department to grow, foster, and sustain such innovation ecosystems. (c) Elements.--The strategy and the implementation plan required by subsection (a) shall include the following elements: (1) A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department. (2) Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to establish or cease supporting identified ecosystems. (3) Identification of Department of Defense research, development, test, and evaluation assets and authorities that can be engaged in identifying, establishing, sustaining, and expanding innovation ecosystems. (4) For each innovation ecosystem designated or established by the Department-- (A) a listing of such innovation ecosystems with a description of core competencies or focus areas; (B) identification of Department research, development, test, and evaluation organizations engaged with such innovation ecosystems; [[Page S6084]] (C) identification of the private sector assets and authorities that are being used to support, sustain, and expand the identified innovation ecosystem; and (D) a description of challenges and successes associated with each innovation ecosystem. (5) Such other elements as the Secretary considers appropriate. (d) Interim Briefing.--Not later than December 1, 2022, the Secretary shall provide the congressional defense committees a briefing on the strategy and implementation plan developed under subsection (a). (e) Submittal of Strategy and Plan.--Not later than March 1, 2023, the Secretary shall submit to the congressional defense committees the strategy and implementation plan developed under subsection (a). (f) Quadrennial Updates.--Not later than March 1, 2027, and not less frequently than once ever four years thereafter until December 31, 2039, the Secretary shall-- (1) update the strategy and plan developed under subsection (a); and (2) submit the updated strategy and plan to the congressional defense committees. (g) Authorities.--The strategy and implementation plan developed under subsection (a) may incorporate the use of the following authorities or programs: (1) Section 1746a of title 10, United States Code, relating to acquisition workforce educational partnerships. (2) Section 2194 of such title, relating to education partnerships. (3) Section 2474 of such title, relating to centers of industrial and technical excellence. (4) Section 4001 of such title, relating to research and development projects. (5) Section 4010 of such title, relating to the Defense established program to stimulate competitive research. (6) Sections 4021 and 4022 of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively. (7) Section 4023 of such title, relating to procurement for experimental purposes. (8) Section 4025 of such title, relating to prizes for advanced technology achievements. (9) Section 4123 of such title, relating to mechanisms to provide funds for defense laboratories for research and development of technologies for military missions. (10) Section 4144 of such title, relating to research and educational programs at historically black colleges and universities and minority serving institutions. (11) Section 4832 of such title, relating to the encouragement of technology transfer at the Department of Defense. (12) Section 252 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239), relating to regional advanced technology clusters. (13) Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law113-66; 10 U.S.C. 4832 note), relating to enhanced transfer of technology development at Department of Defense laboratories. (14) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures. (15) Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public 115-91; 10 U.S.C. 4001 note), relating to mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions. (16) Section 833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note), relating to a pilot program on acquisition practices for emerging technologies. (17) Other such authorities as the Secretary deems appropriate. (h) Definitions.--In this section: (1) The term ``Department of Defense research, development, test, and evaluation assets`` includes the following: (A) The Department of Defense science and technology reinvention laboratories designated under section 4121 of title 10, United States Code. (B) The Major Range and Test Facility Base (as defined in section 4173(i) of such title). (C) Department of Defense sponsored manufacturing innovation institutes. (D) The organic industrial base. (E) Department of Defense agencies and field activities that execute research, development, test, and evaluation funded activities. (2) The term ``innovation ecosystem`` refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors. SEC. 233. MODIFICATION OF DIRECTOR FOR OPERATIONAL TEST AND EVALUATION ANNUAL REPORT. Section 139(h)(3) of title 10, United States Code, is amended by inserting ``or controlled unclassified`` after ``classified``. SEC. 234. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS ON DEVELOPMENT AND IMPLEMENTATION OF STRATEGY FOR FIFTH GENERATION INFORMATION AND COMMUNICATIONS TECHNOLOGIES. Section 254(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 4571 note) is amended, in the matter before subparagraph (A), by striking ``March 15, 2022`` and inserting ``December 1, 2026``. SEC. 235. REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM FREQUENCY OF HYPERSONIC WEAPONS TESTING. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on estimated costs for conducting not fewer than one full-scale, operationally relevant, live-fire, hypersonic weapon test of the systems currently under development each year by each of the Air Force, the Army, and the Navy, once such systems reach initial operational capability. SEC. 236. ANNUAL REPORT ON STUDIES AND REPORTS BEING UNDERTAKEN BY THE DEPARTMENT OF DEFENSE. Section 4126 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e) Annual Report.--(1) Each year, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on all studies and reports being undertaken for the Department of Defense as of the date of the report by federally funded research and development centers. ``(2) Each report submitted under paragraph (1) shall set forth, for the period covered by the report, the following: ``(A) A list of each study and report described by paragraph (1). ``(B) For each study or report listed under subparagraph (A) the following: ``(i) The title of the study or report. ``(ii) The federally funded research and development center undertaking the study or report. ``(iii) The amount of the contract or other agreement pursuant to which the study or report is being produced or conducted. ``(iv) The anticipated completion date of the study or report. ``(3) The report required by paragraph (1) shall not apply to the following: ``(A) Classified reports or studies. ``(B) Technical reports associated with scientific research or technical development activities. ``(C) Reports or studies that are deliverables under contract for non-Defense Department entities. ``(D) Reports or studies that are draft, or have not undergone a peer-review or prepublication security review process established by the federally funded research and development centers.`` ``(4) The report required by paragraph (1) shall be generated using the products and processes generated pursuant to section 908 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 111 note). ``(5) The requirements of this subsection shall terminate on the date that is five years after the date of the enactment of this subsection.``. SEC. 237. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF MICROELECTRONICS. (a) Development and Implementation of Capability.--The Secretary of Defense shall develop and implement a capability for quantifiable assurance to achieve practical, affordable, and risk-based objectives for security of microelectronics to enable the Department of Defense to access and apply state- of-the-art microelectronics for military purposes. (b) Establishment of Requirements and Schedule of Support for Development, Test, and Assessment.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Research and Engineering, establish requirements and a schedule for support from the National Security Agency to develop, test, assess, implement, and improve the capability required by subsection (a). (2) National security agency.--The Director of the National Security Agency shall take such actions as may be necessary to satisfy the requirements established under paragraph (1). (3) Briefing.--Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering and the Director of the National Security Agency shall provide the congressional defense committees a briefing on the requirements and the schedule for support established under paragraph (1). (c) Assessment.-- (1) In general.--The Secretary of Defense shall assess whether the Department of Defense, to enable expanded use of unprogrammed application specific integrated circuits or other custom-designed integrated circuits manufactured by a supplier that is not using processes accredited by the Defense Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics technology using risk-based quantifiable assurance security methodology, should-- (A) seek changes to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and Department of Defense Instruction 5200.44 (relating to protection of mission critical functions to achieve trusted systems and networks); and [[Page S6085]] (B) expand the use of unprogrammed custom-designed integrated circuits that are not controlled by such regulations. (2) Briefing.--Not later than April 1, 2023, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the assessment conducted under paragraph (1). SEC. 238. CLARIFICATION OF ROLE OF CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER. (a) Personnel Management Authority to Attract Experts in Science and Engineering.--Section 4092 of title 10, United States Code, is amended-- (1) in subsection (a)(6)-- (A) by striking ``Director of the Joint Artificial Intelligence Center`` and inserting ``official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.)``; (B) by striking ``for the Center`` and inserting ``to support the activities of such official under section 238 of such Act``; and (C) in the paragraph heading, by striking ``Center``; (2) in subsection (b)(1)(F)-- (A) by striking ``Joint Artificial Intelligence Center`` and inserting ``official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.)``; (B) by striking ``in the Center`` and inserting ``in support of the activities of such official under section 238 of such Act``; (3) in subsection (c)(2), by striking ``Joint Artificial Intelligence Center`` and inserting ``the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.)``. (b) Joint Artificial Intelligence Research, Development, and Transition Activities.--Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.) is amended-- (1) by amending subsection (c) to read as follows: ``(c) Organization and Roles.-- ``(1) In general.--In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies. ``(2) Appropriate officials.--The officials assigned roles and responsibilities under paragraph (1) shall include-- ``(A) the Under Secretary of Defense for Research and Engineering; ``(B) the Under Secretary of Defense for Acquisition and Sustainment; ``(C) one or more officials in each military department; ``(D) officials of appropriate Defense Agencies; and ``(E) such other officials as the Secretary of Defense determines appropriate.``; (2) in subsection (e), by striking ``Director of the Joint Artificial Intelligence Center`` and inserting ``official designated under subsection (b)``; and (3) by striking subsection (h). (c) Biannual Report on Activities of the Chief Digital and Artificial Intelligence Office.-- (1) In general.--Section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended-- (A) in the section heading, by striking ``joint artificial intelligence center`` and inserting ``activities of the chief digital and artificial intelligence office``; (B) in subsection (a)-- (i) by striking ``2023`` and inserting ``2025``; and (ii) by striking ``Joint Artificial Intelligence Center (referred to in this section as the `Center`)`` and inserting ``Chief Digital and Artificial Intelligence Office (referred to in this section as the `Office`)``; (C) in subsection (b)-- (i) in paragraph (1), by striking ``Center`` and inserting ``Office``; (ii) in paragraph (2), by striking ``National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center`` and inserting ``initiatives of the Office``; (iii) in paragraphs (3) through (6), by striking ``Center`` each place it appears and inserting ``Office``; (iv) in paragraph (7), by striking ``Center and the Center`s investments in the National Mission Initiatives and Component Mission Initiatives`` and inserting ``Office and the Office`s investments``; (v) in paragraph (8), by striking ``Chief Information Officer`` and inserting ``Chief Digital Artificial Intelligence Officer``; and (vi) in paragraph (10), by striking ``Center`` and inserting ``Officer``; and (D) by striking subsection (c). (2) Clerical amendment.--The table of contents in section 2(b) of such Act is amended by striking the item relating to section 260 and inserting the following new item: ``Sec. 260. Biannual report on the activities of the Chief Digital and Artificial Intelligence Office. (d) Chief Data Officer Responsibility for Department of Defense Data Sets.--Section 903(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2223 note) is amended-- (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (e) Board of Advisors for the Office of the Chief Digital and Artificial Intelligence Office.-- (1) In general.--Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 4001 note) is amended-- (A) in the section heading, by striking ``joint artificial intelligence center`` and inserting ``chief digital and artificial intelligence office``; (B) in subsection (a), by striking ``Joint Artificial Intelligence Center`` and inserting ``Chief Digital and Artificial Intelligence Office``; (C) in subsection (b), by striking ``Director`` each place in appears and inserting ``Chief Digital and Artificial Intelligence Officer``; (D) in subsection (f), by striking ``September 30, 2024`` and inserting ``September 30, 2026``; and (E) in subsection (g)-- (i) by striking paragraphs (2) and (3); and (ii) by redesignating paragraph (4) as paragraph (2). (2) Clerical amendment.--The table of contents in section 2(b) of such Act is amended by striking the item relating to section 233 and inserting the following new item: ``Sec. 233. Board of advisors for the Chief Digital and Artificial Intelligence Office. (f) Application of Artificial Intelligence to the Defense Reform Pillar in the National Defense Strategy.--Section 234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note) is amended by striking ``Director of the Joint Artificial Intelligence Center`` and inserting ``official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.)``. (g) Pilot Program on the Use of Electronic Portfolios to Evaluate Certain Applicants for Technical Positions.--Section 247(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1580 note prec.) is amended-- (1) by striking paragraphs (1) and (2); (2) by inserting before paragraph (3) the following new paragraph (1): ``(3) the Chief Digital and Artificial Intelligence Office;``; and (3) by redesignating paragraphs (3) and (4) and paragraphs (2) and (3), respectively. (h) References to Joint Artificial Intelligence Center in Law.--Any reference in any law, regulation, guidance, instruction, or other document of the Federal Government to the Director of the Joint Artificial Intelligence Center of the Department of Defense or to the Joint Artificial Intelligence Center shall be deemed to refer to the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.) or the office of such official, as the case may be. TITLE III--OPERATION AND MAINTENANCE Subtitle A--Authorization of Appropriations SEC. 301. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. Subtitle B--Energy and Environment SEC. 311. AGGREGATION OF ENERGY CONSERVATION MEASURES AND FUNDING. Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(j) Aggregate Energy Conservation Measures and Funding.-- (1) To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period. ``(2) In considering aggregate energy conservation measures under paragraph (1), the Secretary concerned shall incorporate all funding available to such Secretary for such measures, including-- ``(A) appropriated funds, such as-- ``(i) funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and ``(ii) funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and ``(B) funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts.``. SEC. 312. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE JOINT REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS OF DEPARTMENT OF DEFENSE. (a) Establishment.--The Secretary of Defense shall establish a joint working group [[Page S6086]] (in this section referred to as the ``working group``) to determine joint requirements for future operational energy needs of the Department of Defense. (b) Executive Agent.--The Secretary of the Air Force shall serve as the executive agent of the working group. (c) Requirements Specified.-- (1) In general.--In determining joint requirements under subsection (a), 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. (2) Priority for certain systems.--Priority for joint requirements under subsection (a) shall be given to independent operational energy systems that-- (A) are capable of operating in austere and isolated environments with quick deployment capabilities; and (B) may reduce conventional air pollution and greenhouse gas emissions comparable to currently used systems. (d) Existing or New Programs.--The working group shall address the feasibility of meeting joint requirements determined under subsection (a) through the existing energy programs of the Department and make recommendations for new programs to meet such requirements. (e) Focus Areas.--In carrying out the requirements under this section, the working group shall focus its efforts on operational energy, to include-- (1) micro-reactors and small modular reactors; (2) hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines; (3) battery storage; (4) renewable energy sources; (5) retrofits to existing platforms that will increase efficiencies; and (6) other technologies and resources that meet joint requirements determined under subsection (a). (f) Recommended Plan of Action.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an unclassified and classified 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. (2) Focus on readiness and flexibility.--In submitting the report and providing the briefing required by paragraph (1), the Secretary shall-- (A) address each element of the report or briefing, as the case may be, in the context of maintaining or increasing-- (i) the readiness levels of the Armed Forces; and (ii) the flexibility of operational elements within the Department; and (B) disregard energy sources that do not increase such readiness and flexibility, with an explanation for the reason such sources were disregarded. (g) Definitions.--In this section: (1) Advanced nuclear reactor.--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)). (2) Micro-reactor.--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. (3) Small modular reactor.--The term ``small modular reactor`` means an advanced nuclear reactor-- (A) with a rated capacity of less than 300 electrical megawatts; or (B) that can be constructed and operated in combination with similar reactors at a single site. SEC. 313. ADDITIONAL SPECIAL CONSIDERATIONS FOR DEVELOPING AND IMPLEMENTING THE ENERGY PERFORMANCE GOALS AND ENERGY PERFORMANCE MASTER PLAN OF THE DEPARTMENT OF DEFENSE. Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(14) The reliability and security of energy resources in the event of a military conflict. ``(15) The value of resourcing energy from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States.``. SEC. 314. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY TRADING. (a) In General.--Chapter 159 of title 10, United States Code, is amended by inserting after section 2694c the following new section: ``Sec. 2694d. Participation in pollutant banks and water quality trading ``(a) Authority to Participate.--The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation. ``(b) Treatment of Payments.--Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction. ``(c) Discharge of Pollutants Defined.--In this section, the term `discharge of pollutants` has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the `Clean Water Act`).``. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694c following new item: ``2694d. Participation in pollutant banks and water quality trading. SEC. 315. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION PROGRAM FOR STATE-OWNED FACILITIES OF THE NATIONAL GUARD WITH PROVEN EXPOSURE OF HAZARDOUS SUBSTANCES AND WASTE. (a) Definition of State-owned National Guard Facility.-- Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(4) The term `State-owned National Guard facility` means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.``. (b) Authority for Defense Environmental Restoration Program.--Section 2701(a)(1) of such title is amended, in the first sentence, by inserting ``and at State-owned National Guard facilities`` before the period. (c) Responsibility for Response Actions.--Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph: ``(D) Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.``. SEC. 316. AUTHORIZATION OF CLOSURE OF RED HILL BULK FUEL STORAGE FACILITY. (a) In General.--The Secretary of Defense may close the Red Hill bulk fuel storage facility of the Department of Defense in Hawaii (in this section referred to as the ``Facility``). (b) Plan for Closure and Post-closure Care.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for-- (A) closure of the Facility; (B) cleanup of the Facility; (C) monitoring of the Facility following such closure; (D) maintenance of the Facility following such closure; (E) optimal post-closure care for the Facility, specifically addressing-- (i) monitoring and maintenance of liners; (ii) final covers; (iii) leachate collection and removal systems; (iv) leak detection system; and (v) gas collection systems to protect against releases of hazardous elements; (F) environmental remediation of groundwater at the Facility, to include a description of environmental remediation plans, including necessary resources for the Secretary of the Navy to conduct remediation actions at the Facility in the following year; (G) coordination and communication with applicable Federal and State regulatory authorities, the local water utility authority, applicable State environmental agencies, and surrounding communities on remediation activities conducted by the Navy at the Facility; (H) improvements to processes, procedures, organization, training, leadership, education, facilities, and policy of the Department of Defense related to best practices for the remediation and closure of the Facility; and (I) measures to ensure that future strategic level assets of the Department of Defense are properly maintained and critical environmental assets are protected. (2) Preparation of plan.--The Secretary shall prepare the plan required under paragraph (1) in consultation with-- (A) the Administrator of the Environmental Protection Agency; (B) the head of the Hawaii Department of Health; (C) the Director of the United States Geological Survey; and (D) the heads of such other relevant Federal and State agencies as the Secretary considers appropriate. (c) Identification of Point of Contact at Department of Defense.--Not later than 60 days after the date of the enactment of this Act, to ensure clear and consistent communication related to the defueling, cleanup, closure, and remediation of the Facility, the Secretary of Defense shall identify a single point of contact within the Office of the Secretary of Defense to oversee and communicate with the public and members of Congress regarding the status of the Facility at each phase of defueling, cleanup, closure, and remediation. (d) Water Monitoring Program.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a water monitoring program-- [[Page S6087]] (1) to monitor movement of the fuel plume in the aquifer surrounding the Facility; (2) to monitor long-term impacts to such aquifer and local water bodies resulting from water contamination from the Facility; and (3) to coordinate with the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services as the Agency conducts a follow up to the previously conducted voluntary survey of individuals and entities impacted by water contamination from the Facility. SEC. 317. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS AND UNIFIED FACILITIES CRITERIA TO INCLUDE SPECIFICATIONS ON USE OF GAS INSULATED SWITCHGEAR AND CRITERIA AND SPECIFICATIONS ON MICROGRIDS AND MICROGRID CONVERTERS. (a) Gas Insulated Switchgear.--Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear. (b) Microgrids.--Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) modify the Unified Facilities Criteria to include criteria for microgrids; and (2) modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers. SEC. 318. TRANSFER OF CUSTOMERS FROM ELECTRICAL UTILITY SYSTEM OF THE NAVY AT FORMER NAVAL AIR STATION BARBER`S POINT, HAWAII, TO NEW ELECTRICAL SYSTEM IN KALAELOA, HAWAII. (a) In General.--Subject to the availability of appropriations for such purpose, the Secretary of the Navy shall pay the reasonable costs to transfer all customers off of the electrical utility system of the Navy located at former Naval Air Station Barber`s Point, Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated by Hawaii Electric. (b) Cooperative Agreement or Other Instruction.--The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a third party-- (1) to make amounts available to pay the reasonable costs of transfers described in subsection (a); and (2) to reimburse the third party for the reasonable costs that it may incur to carry out paragraph (1). (c) Facilitation of Transfer.--To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii: (1) A load analysis and design necessary to complete such transfer. (2) Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure. (d) Disposal of Navy Electrical System.--Subject to the availability of appropriations for such purpose, after all customers have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the Navy located at former Naval Air Station Barber`s Point, Hawaii. SEC. 319. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL. (a) Pilot Program Required.-- (1) In general.--The Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense. (2) Design of program.--The pilot program shall be designed to-- (A) identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department; (B) promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and (C) engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel. (b) Selection of Facilities.-- (1) Selection.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than two geographically diverse facilities of the Department at which to carry out the pilot program. (B) Onsite refinery.--Not fewer than one facility selected under subparagraph (A) shall be a facility with an onsite refinery that is located in proximity to not fewer than one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel. (2) Notice to congress.--Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the selection, including an identification of the facility selected. (c) Use of Sustainable Aviation Fuel.-- (1) Plans.--For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall-- (A) develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel; (B) submit the plan developed under subparagraph (A) to the Committees on Armed Services of the Senate and the House of Representatives; and (C) provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on such plan that includes, at a minimum-- (i) a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and (ii) a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators. (2) Implementation of plans.--For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel. (d) Criteria for Sustainable Aviation Fuel.--Sustainable aviation fuel used under the pilot program shall meet the following criteria: (1) Such fuel shall be produced in the United States from domestic feedstock sources. (2) Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces. (e) Waiver.--The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary-- (1) determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and (2) submits to the congressional defense committees notice of such waiver and the reasons for such waiver. (f) Final Report.-- (1) In general.--At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program. (2) Elements.--The report required by paragraph (1) shall include each of the following: (A) An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel. (B) A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up adoption of such fuel throughout the Armed Forces. (C) Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure. (D) A description of the effects on performance and operation of aircraft using sustainable aviation fuel, including-- (i) if used, considerations of various blending ratios and their associated benefits; (ii) efficiency and distance improvements of flights using sustainable aviation fuel; (iii) weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel; (iv) maintenance benefits of using sustainable aviation fuel, including engine longevity; (v) the effect of the use of sustainable aviation fuel on emissions and air quality; (vi) the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and (vii) benefits with respect to job creation in the sustainable aviation fuel production and supply chain. (g) Sustainable Aviation Fuel Defined.--In this section, the term ``sustainable aviation fuel`` means liquid fuel that-- (1) consists of synthesized hydrocarbon; (2) meets the requirements of ASTM International Standard D7566 (or successor standard); (3) is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; and (4) is not derived from palm fatty acid distillates. SEC. 320. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY REPORTS OF DEPARTMENT OF DEFENSE. (a) Environmental Report.--Section 2711 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Report Required.--Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year. ``(b) Elements.--Each report under subsection (a) shall include, for the year covered by the report, the following: [[Page S6088]] ``(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 or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing, environmental restoration, compliance, and resilience.``. (b) Energy Report.-- (1) In general.--Section 2925 of such title is amended-- (A) by amending the section heading to read as follows: ``Annual report on energy performance, resilience, and readiness of Department of Defense``; and (B) by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Report Required.--Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations. ``(b) Elements.--Each report under subsection (a) shall include the following: ``(1) For the year covered by the report, the following: ``(A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109-58), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 (Public Law 110-140). ``(B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in paragraph (1). ``(C) A description of and progress towards 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 appropriation 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 or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.``. (2) Clerical amendment.--The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item: ``2925. Annual report on energy performance, resilience, and readiness of Department of Defense. (c) Treatment of Termination of Reporting Requirements.-- (1) In general.--Section 1061(c) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54). (2) Rule of construction.--The reports required by sections 2711 and 2925 of title 10, United States Code, as amended by this section, shall not be considered to be covered reports for purposes of section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 111 note). SEC. 321. REPORT ON FEASIBILITY OF TERMINATING ENERGY PROCUREMENT FROM FOREIGN ENTITIES OF CONCERN. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of terminating energy procurement by the Department of Defense from foreign entities of concern. (b) Elements.--The report required under subsection (a) shall include the following: (1) An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy. (2) An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern. (3) Such proposals as the Assistant Secretary of Defense for Energy, Installations, and Environment may have for divestment of resourcing of energy for the Department of Defense from entities described in subparagraph (B) and reconfiguring such resourcing instead from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States. (c) Foreign Entity of Concern Defined.--In this section, the term ``foreign entity of concern`` has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651). Subtitle C--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances SEC. 331. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1307), section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3533), and section 342 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1643), is further amended-- (1) in clause (ii), by striking ``2023`` and inserting ``2022``; and (2) by adding at the end the following new clause: ``(iii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 in fiscal year 2023 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.``. SEC. 332. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS OF TESTING FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY. Section 345(a)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 2715 note) is amended by inserting ``personally identifiable information in connection with`` after ``publicly disclose``. SEC. 333. DEPARTMENT OF DEFENSE RESEARCH RELATING TO PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES. (a) Publication of Information.-- (1) In general.--Beginning not later than 180 days after the date of the enactment of this Act, Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) timely and regularly updated information on the research efforts of the Department of Defense relating to perfluoroalkyl or polyfluoroalkyl substances, which shall include the following: (A) A description of any research collaborations and data sharing by the Department with the Department of Veterans Affairs, the Agency for Toxic Substances and Disease Registry, or any other agency (as defined in section 551 title 5, United States Code), States, academic institutions, nongovernmental organizations, or any other entity. (B) Regularly updated information on research projects supported or conducted by the Department of Defense pertaining to the development, testing, and evaluation of a fluorine-free firefighting foam or any other [[Page S6089]] alternative to aqueous film forming foam that contains perfluoroalkyl or polyfluoroalkyl substances, excluding any proprietary information that is business confidential. (C) Regularly updated information on research projects supported or conducted by the Department pertaining to the health effects of perfluoroalkyl or polyfluoroalkyl substances, including information relating to the impact of such substances on firefighters, veterans, and military families and excluding any personally identifiable information. (D) Regularly updated information on research projects supported or conducted by the Department pertaining to treatment options for drinking water, surface water, ground water, and the safe disposal of perfluoroalkyl or polyfluoroalkyl substances. (E) Budget information, including specific spending information for the research projects relating to perfluoroalkyl or polyfluoroalkyl substances that are supported or conducted by the Department. (F) Such other matters as may be relevant to ongoing research projects supported or conducted by the Department to address the use of perfluoroalkyl or polyfluoroalkyl substances and the health effects of the use of such substances. (2) Format.--The information published under paragraph (1) shall be made available in a downloadable, machine-readable, open, and a user-friendly format. (3) Definitions.--In this subsection: (A) Military installation.--The term ``military installation`` includes active, inactive, and former military installations. (B) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance`` means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance`` means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. (b) Inclusion of Research Duties in Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force.-- Section 2714(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs: ``(5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances. ``(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.``. Subtitle D--Logistics and Sustainment SEC. 351. IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS REGARDING SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY. (a) In General.--Not later than March 1, 2023, the Secretary of the Navy shall-- (1) develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments; (2) ensure that the shipyard optimization program office of the Navy-- (A) includes all costs, such as inflation, program office activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and (B) uses cost estimating best practices in developing a detailed cost estimate, including-- (i) a program baseline; (ii) a work breakdown structure; (iii) a description of the methodology and key assumptions; (iv) a consideration of inflation; (v) a full assessment of risk and uncertainty; and (vi) a sensitivity analysis; and (3) obtain an independent cost estimate for the shipyard optimization program before starting the prioritization of projects under such program. (b) Briefing.--If the Secretary of the Navy is unable to implement the requirements under subsection (a) by March 1, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives before such date on-- (1) the current progress of the Secretary towards implementing those requirements; (2) any hindrance to implementing those requirements; and (3) any additional resources necessary to implement those requirements. SEC. 352. RESEARCH AND ANALYSIS ON THE CAPACITY OF PRIVATE SHIPYARDS IN THE UNITED STATES AND THE EFFECT OF THOSE SHIPYARDS ON NAVAL FLEET READINESS. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with a nonprofit entity or a federally funded research and development center to conduct research and analysis regarding the capacity and capability of private shipyards in the United States to repair, maintain, and modernize surface combatants and support ships of the Navy to ensure fleet readiness. (b) Elements.--The research and analysis conducted under subsection (a) shall include the following: (1) An assessment of the maintenance needs of the Navy during the five-year period preceding the date of the enactment of this Act, including frequency of unplanned maintenance and average time it takes to repair ships. (2) An assessment of the projected maintenance needs of the Navy during the 10-year period following such date of enactment. (3) An assessment of whether current private shipyards in the United States have the capacity to meet current and anticipated needs of the Navy to maintain and repair ships, include whether there are adequate ship repair facilities and a sufficient trained workforce. (4) An identification of barriers limiting success of intermediate-level and depot-level maintenance availabilities, including constraints of adding private depot capacity and capability. (5) Recommendations based on the findings of paragraphs (1) through (4) regarding actions the Secretary of the Navy can take to ensure there is an industrial base of private ship repair facilities to meet the needs of the Navy and ensure fleet readiness, including whether the Secretary should institute a new force generation model, establish additional homeport facilities, or establish new hub-type maintenance facilities. (c) Input From Private Shipyards.--In conducting research and analysis under subsection (a), the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall consult with private shipyards regarding-- (1) the fleet maintenance needs of surface combatant and support ships of the Navy; (2) private shipyard capacity, including workforce; and (3) additional investment in private shipyards necessary to meet the needs of the Navy. (d) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall submit to the Secretary a report on the results of the research and analysis undertaken under such subsection. (2) Transmittal to congress.--Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit to the congressional defense committees a copy of the report. SEC. 353. LIMITATION ON FUNDS FOR THE JOINT MILITARY INFORMATION SUPPORT OPERATIONS WEB OPERATIONS CENTER. Not more than 50 percent of the amount authorized to be appropriated for the Joint Military Information Support Operations Web Operations Center for Operation and Maintenance, Defense-Wide, may be obligated and expended until the Secretary of Defense submits to the congressional defense committees a plan for-- (1) appropriately scoping and tailoring messaging activities to foreign target audiences; (2) ensuring messages serve a valid military purpose; (3) effectively managing risk associated with web-based military information support operations; (4) maintaining alignment with policies and procedures of the Department of Defense; (5) adequately overseeing and approving the work of contractors; (6) ensuring alignment with policy guidance and procedures of the Department; and (7) coordinating activities with the Global Engagement Center of the Department of State and other relevant non- Department of Defense entities. SEC. 354. NOTIFICATION OF INCREASE IN RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS. (a) In General.--Not later than 30 days before making a change to increase the level of retention rates for a Navy ship repair contract, the Secretary of the Navy shall notify the congressional defense committees. (b) Matters To Be Included.--A notification under subsection (a) with respect to a change to increase the level of retention rates for a Navy ship repair contract shall include the following information: (1) An identification of any considerations that informed the decision to increase such rates. (2) The desired effect the change will have on the Navy ship repair industrial base. SEC. 355. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR RELIEF EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES. Section 2208(l)(3) of title 10, United States Code, is amended-- (1) by striking ``The total`` and inserting ``(A) Except as provided in subparagraph (B), the total``; and (2) by adding at the end the following new subparagraph: ``(B) The dollar limitation under subparagraph (A) shall not apply with respect to advance billing for relief efforts following a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).``. [[Page S6090]] SEC. 356. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME LIMITATIONS ON DURATION OF PUBLIC-PRIVATE COMPETITIONS. Subsection (c) of section 322 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2252) is repealed. Subtitle E--Reports SEC. 371. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL ESTIMATES IN READINESS REPORTS. Section 482(b) of title 10, United States Code, is amended-- (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following new paragraph: ``(11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817) prepared by the Joint Staff Surgeon with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency.``. Subtitle F--Other Matters SEC. 381. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO ANIMAL FACILITY SANITATION AND MASTER PLAN FOR HOUSING AND CARE OF HORSES. (a) Implementation by Secretary of the Army of Certain Recommendations Relating to Animal Facility Sanitation.--Not later than March 1, 2023, the Secretary of the Army shall implement the recommendations contained in the memorandum of the Department of the Army dated February 25, 2022, the subject of which is ``Animal Facility Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson Pasture Facility`` (MHCB-RN). (b) Master Plan for the Housing and Care of All Horses Within the Care of the Old Guard.-- (1) In general.--Not later than March 1, 2023, the Secretary of the Army shall submit to Congress a master plan for the housing and care of all horses within the care of the 3rd United States Infantry (commonly known as the ``Old Guard``). (2) Elements.--The plan required by paragraph (1) shall-- (A) describe all modifications planned or underway at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir Caisson Pasture Facility, and any other facility or location under consideration for stabling of the horses described in paragraph (1); (B) identify adequate space at Fort Myer, Virginia, to properly care for the horses described in paragraph (1); (C) prioritize the allotment of the space identified under subparagraph (B) over other functions of Fort Myer that could be placed elsewhere; (D) include projected timelines and resource requirements to execute the plan; and (E) describe-- (i) immediate remedies for the unsanitary and unsafe conditions present at the locations described in subparagraph (A); and (ii) how long-term quality of life improvements will be provided for the horses described in paragraph (1). SEC. 382. INCLUSION OF LAND UNDER JURISDICTION OF DEPARTMENT OF DEFENSE SUBJECT TO LONG-TERM REAL ESTATE AGREEMENT AS COMMUNITY INFRASTRUCTURE FOR PURPOSES OF DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM. Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting before the semicolon the following: ``or on land under the jurisdiction of a Secretary of a military department subject to a long-term real estate agreement, such as a lease or an easement``. SEC. 383. RESTRICTION ON PROCUREMENT OR PURCHASING BY DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES. (a) Prohibition on Procurement and Purchasing.--Beginning on October 1, 2026, the Secretary of Defense may not enter into a contract to procure or purchase covered personal protective firefighting equipment for use by Federal or civilian firefighters if such equipment contains an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance. (b) Implementation.-- (1) Inclusion in contracts.--The Secretary of Defense shall include the prohibition under subsection (a) in any contract entered into by the Department of Defense to procure covered personal protective firefighting equipment for use by Federal or civilian firefighters. (2) No obligation to test.--In carrying out the prohibition under subsection (a), the Secretary shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (c) Existing Inventory.--Nothing in this section shall impact existing inventories of covered personal protective firefighting equipment. (d) Availability of Alternatives.-- (1) In general.--The requirement under subsection (a) shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances. (2) Extension of effective date.--If the Secretary of Defense determines that no sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances is available, the deadline under subsection (a) shall be extended until the Secretary determines that such covered personal protective firefighting equipment is available. (e) Definitions.--In this section: (1) Covered personal protective firefighting equipment.-- The term ``covered personal protective firefighting equipment`` means-- (A) any product that provides protection to the upper and lower torso, arms, legs, head, hands, and feet; or (B) any other personal protective firefighting equipment, as determined by the Secretary of Defense. (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl substance`` means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl substance`` means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom. SEC. 384. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY AS EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL TRAINING SCHOOL. The Secretary of the Navy shall continue, through fiscal year 2023-- (1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and (2) to provide such support, as necessary, for the continued operation of such school. SEC. 385. PROHIBITION ON USE OF FUNDS TO DISCONTINUE THE MARINE MAMMAL SYSTEM PROGRAM. (a) Prohibition.--Except as provided in subsection (b), the Secretary of the Navy may not obligate or expend funds to discontinue or prepare to discontinue, including through substantive reduction in training and operational employment, the Marine Mammal System program that has been or is currently being used for-- (1) port security at installations of the Navy, commonly known as Mark-6 systems; or (2) mine search capabilities, commonly known as Mark-7 systems. (b) Waiver.--The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence of the Director of Operational Test and Evaluation of the Department of Defense, certifies to the congressional defense committees in writing that the Secretary has-- (1) identified a replacement capability and the necessary quantity of systems to carry out such capability to meet all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such capability and quantity; (2) achieved initial operational capability of all systems described in paragraph (1) with a detailed explanation of such achievement; and (3) deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such deployment. SEC. 386. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE FLEET OF THE DEPARTMENT OF DEFENSE WITH ELECTRIC VEHICLES, ADVANCED-BIOFUEL-POWERED VEHICLES, OR HYDROGEN-POWERED VEHICLES. (a) In General.--Until the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives the report described in subsection (b), the Secretary may not enter into an indefinite delivery indefinite quantity contract to procure and replace the existing non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced- biofuel-powered vehicles, or hydrogen-powered vehicles. (b) Elements.--The report described in this subsection shall include the following: (1) A complete cost estimate for the acquisition by the Department of Defense, or through contract mechanisms used by the Department, such as energy savings performance contracts, of electric non-tactical vehicles to replace the existing non-tactical vehicle fleet of the Department, which shall include-- (A) the cost per unit and number of units to be procured of each type of electric non-tactical vehicle (trucks, buses, vans, etc.); (B) the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements; (C) a per-unit lifecycle cost comparison between electric vehicles and combustion engine vehicles of each type (electric truck versus conventional truck, etc.); (D) maintenance requirements of electric vehicles compared to combustion engine vehicles; and (E) for each military department, a cost comparison over periods of three, five, 10, [[Page S6091]] and 15 years of pursuing an electric non-tactical vehicle fleet versus continuing with combustion engine non-tactical vehicles. (2) An assessment of the current and projected sourcing shortfalls for lithium, cobalt, and nickel from Taiwan, India, member countries of the North Atlantic Treaty Organization, and major allies of the North Atlantic Treaty Organization. (3) An assessment of the current and projected supply chain shortfalls for electric vehicles, set forth by industry. (4) An assessment of the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements. (5) An assessment of the security risks associated with data collection conducted with respect to electric vehicles and related computer systems. (6) An assessment of the current range requirements for electric vehicle compared to combustion engine vehicles and the average life of vehicles of the Department necessary to maintain current readiness requirements of the Department. (7) An assessment of maintenance requirements of electric vehicles compared to combustion engine vehicles. (8) A cost-benefit analysis of the cost, time, and manpower associated with maintenance of electric non-tactical vehicles compared to combustion engine non-tactical vehicles. (9) An assessment of the effect transitioning to electric non-tactical vehicles would have on the National Defense Stockpile administered by the Defense Logistics Agency and current and future requirements relating to such stockpile. (10) An identification of components for electric non- tactical vehicles that are currently being sourced from the People`s Republic of China. (11) An assessment of the long-term cost and benefit to the Department of being an early adopter of hydrogen-powered vehicles and advanced-biofuel-powered vehicles. (12) An assessment of the long-term availability to the Department of internal combustion engines and spare parts for such engines, including whether or not they will be manufactured in the United States or repairable with parts made in the United States and labor in the United States. (13) A comparison of the relative risk to personnel of the Department, budgetary impacts, and impacts on the supply chain between different fuel types to determine the tradeoffs associated with the adoption and use of any particular fuel type. (c) Additional Prohibition.--No funds may be obligated or expended for the Department of Defense for the procurement of non-tactical electric vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles, or any components or spare parts associated with such vehicles that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code (or any successor regulations), on the Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor. (d) Definitions.--In this section: (1) Advanced-biofuel-powered vehicle.--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) Charging station.--The term ``charging station`` means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level 2 charger. (3) Electric grid requirements.--The term ``electric grid requirements`` means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements. (4) Hydrogen-powered vehicle.--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. (5) Non-tactical vehicle.--The term ``non-tactical vehicle`` means any commercial motor vehicle, trailer, material handling equipment, or engineering equipment that carries passengers or cargo acquired for the administrative, direct mission, or operational support of military functions. SEC. 387. LIMITATION ON USE OF CHARGING STATIONS FOR PERSONAL ELECTRIC VEHICLES. The Secretary of Defense may not permit the charging of personal electric vehicles through the use of charging stations provided by the Department of Defense unless the charging infrastructure for such stations allows for the receipt of payment for such charging. SEC. 388. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA COLLECTION. (a) In General.--Not later than October 1, 2023, the Secretary of the Army and the Secretary of the Navy shall each initiate a pilot program to evaluate the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles in the Army and the Marine Corps, respectively. (b) Duration.--Each pilot program initiated under subsection (a) shall be carried out for a period of not less than two years. (c) Requirements.--In carrying out a pilot program under this section, the Secretary of the Army and the Secretary of the Navy shall-- (1) carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that contains the necessary forces, equipment, and maneuver training ranges to collect data on drivers and military tactical vehicles during training and routine operation; (2) install data recorders on a sufficient number of each type of military tactical vehicle specified in subsection (d) to gain statistically significant results; (3) select a data recorder capable of collecting and exporting telemetry data, event data, and driver identification data during operation and accidents; (4) establish and maintain a data repository for operation and event data captured by the data recorder; and (5) establish processes to leverage operation and event data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation, and identify vehicle-type specific operating conditions that increase the risk of accidents or mishaps. (d) Military Tactical Vehicles Specified.--Military tactical vehicles specified in this subsection are the following: (1) High Mobility Multipurpose Wheeled Vehicles. (2) Family of Medium Tactical Vehicles. (3) Medium Tactical Vehicle Replacements. (4) Heavy Expanded Mobility Tactical Trucks. (5) Light Armored Vehicles. (6) Stryker armored combat vehicles. (7) Such other military tactical vehicles as the Secretary of the Army or the Secretary of the Navy considers appropriate. (e) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall each-- (1) develop plans for implementing the pilot programs under this section; and (2) provide to the congressional defense committees a briefing on those plans and the estimated cost of implementing those plans. (f) Report Required.--Not later than December 15, 2024, the Secretary of the Army and the Secretary of the Navy shall each submit to the congressional defense committees a report on the pilot program carried out under this section by the Secretary concerned, including-- (1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (2) adjustments made, or to be made, to the implementation plans developed under subsection (e); and (3) any other matters as determined appropriate by the Secretary concerned. (g) Assessment Required.--Not later than December 15, 2025, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees an assessment of the pilot programs carried out under this section, including-- (1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (2) an assessment of the utility of establishing an enduring program to use data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles; (3) an assessment of the scope, size, and estimated cost of such an enduring program; and (4) such other matters as the Secretary of the Army and the Secretary of the Navy determine appropriate. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS Subtitle A--Active Forces SEC. 401. END STRENGTHS FOR ACTIVE FORCES. The Armed Forces are authorized strengths for active duty personnel as of September 30, 2023, as follows: (1) The Army, 473,000. (2) The Navy, 354,000. (3) The Marine Corps, 177,000. (4) The Air Force, 325,344. (5) The Space Force, 8,600. SEC. 402. END STRENGTH LEVEL MATTERS. (a) Strength Levels to Support National Defense Strategy.-- (1) In general.--Section 691 of title 10, United States Code, is repealed. (2) Table of sections.--The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691. (b) Certain Active-duty and Selected Reserve Strengths.-- Section 115 of such title is amended-- (1) in subsection (f), by striking ``increase`` each place it appears and inserting ``vary``; and (2) in subsection (g)-- (A) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: ``(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 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 nor more than 2 percent of such authorized end strength.``; and [[Page S6092]] (B) in paragraph (2), by striking ``increase`` each place it appears and inserting ``variance``. SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END STRENGTH. (a) In General.--Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination.--The authority provided under subsection (a) shall terminate on December 31, 2023. Subtitle B--Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE. (a) In General.--The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2023, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 57,700. (4) The Marine Corps Reserve, 33,000. (5) The Air National Guard of the United States, 108,400. (6) The Air Force Reserve, 70,000. (7) The Coast Guard Reserve, 7,000. (b) End Strength Reductions.--The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by-- (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End Strength Increases.--Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2023, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,077. (4) The Marine Corps Reserve, 2,388. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS). (a) In General.--The minimum number of military technicians (dual status) as of the last day of fiscal year 2023 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on Number of Temporary Military Technicians (dual Status).--The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation.--Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual`s position. SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. During fiscal year 2023, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. Subtitle C--Authorization of Appropriations SEC. 421. MILITARY PERSONNEL. (a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of Authorization.--The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2023. TITLE V--MILITARY PERSONNEL POLICY Subtitle A--Officer Personnel Policy SEC. 501. CONSIDERATION OF ADVERSE INFORMATION. Section 628a(a)(1) of title 10, United States Code, is amended-- (1) by inserting ``(A)`` before ``If the Secretary concerned``; and (2) by adding at the end the following new subparagraph: ``(B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section.``. SEC. 502. EXTENSION OF TIME LIMITATION FOR GRADE RETENTION WHILE AWAITING RETIREMENT. Section 601(b)(5) of title 10, United States Code, is amended by striking ``retirement, but not for more than 60 days.`` and inserting the following: ``retirement, but-- ``(A) subject to subparagraph (B), not for more than 60 days; and ``(B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment outside of the United States to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a contingency operation, not for more than 90 days.``. SEC. 503. REALIGNMENT IN NAVY DISTRIBUTION OF FLAG OFFICERS SERVING IN THE GRADES OF O-8 AND O-9. Section 525(a)(3) of title 10, United States Code, is amended-- (1) in subparagraph (B), by striking ``33`` and inserting ``34``; and (2) in subparagraph (C), by striking ``50`` and inserting ``49``. SEC. 504. UPDATING WARRANT OFFICER SELECTION AND PROMOTION AUTHORITY. (a) Convening of Selection Boards.--Section 573 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(g)(1) Upon the request of a warrant officer, the Secretary of the military department with jurisdiction over the officer may exclude the officer from consideration by a selection board convened under this section to consider warrant officers for promotion to the next higher grade. ``(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 a deepening assignment in support of career progression, advanced education, another assignment of significant value to the Department of Defense, or a career progression requirement delayed by an assignment or education; ``(B) it is determined the exclusion from consideration is in the best interest of the military department concerned; and ``(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.``. (b) Promotions: Effect of Failure of Selection for.-- Section 577 of title 10, United States Code, is amended by striking the period at the end of the second sentence and inserting ``, or a warrant officer excluded under section 573(g) of this title.``. (c) Recommendation for Promotion by Selection Boards.-- Section 575 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In selecting the warrant officers to be recommended for promotion, a selection board may, when authorized by the Secretary concerned, recommend warrant officers of particular merit, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the board`s report under section 576(c) of this title. ``(2) A warrant officer may be recommended to 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.``. [[Page S6093]] (d) Information to Be Furnished to Selection Boards; Selection Procedures.--Section 576(c) of title 10, United States Code, is amended to read as follows: ``(c) A selection board convened under section 573(a) of this title shall, when authorized under section 575(e) of this title, include in its report to the Secretary concerned the names of those warrant officers recommended by the board to be placed higher on the promotion list and the order in which those officers should be placed on the list. The names of all other warrant officers recommended for promotion under this section shall be arranged in the board`s report in the order of seniority on the warrant officer active-duty list.``. (e) Promotions: How Made; Effective Date.--Section 578(a) of title 10, United States Code, is amended-- (1) by striking ``, in the order of the seniority of such officers on the warrant officer active-duty list``; and (2) by adding at the end the following new sentence: ``Warrant officers of particular merit who were recommended by the board to be placed higher on the promotion list under section 576(c) of this title shall be listed first and, amongst themselves, in the order recommended by the board, followed by the other warrant officers approved for promotion in order of the seniority of such officers on the warrant officer active-duty list.``. SEC. 505. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT COLONEL, AND COLONEL. The table in subsection (a)(1) of section 523 of title 10, United States Code, is amended by inserting after the items relating to the Marine Corps new items relating to the total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active duty in the Space Force in the grades of major, lieutenant colonel, and colonel, respectively, as follows: ``3,900 1,016 782 234 4,300 1,135 873 262 5,000 1,259 845 315 7,000 1,659 1,045 415 10,000 2,259 1,345 565''. SEC. 506. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN REVIEWS. Section 847(b) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note) is amended-- (1) by striking ``Requirement.--`` and all that follows through ``Each request`` and inserting ``Requirement.--Each request``; and (2) by striking paragraph (2). SEC. 507. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL PERFORMING DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N). Section 506(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1682) is amended-- (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new paragraph (8): ``(8) A staffing plan for managing personnel within the 13N career field as the Air Force transitions from the Minuteman III weapon system to the Sentinel weapon system.``. Subtitle B--Reserve Component Management SEC. 511. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE OF ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST OF A GOVERNOR MAY NOT INTERFERE WITH CERTAIN DUTIES. (a) In General.--Section 328(b) of title 32, United States Code, is amended by adding at the end the following new subsection: ``(c) Waiver Authority.--(1) Notwithstanding section 101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve duty for purposes of performing training of the regular components of the armed forces as the primary duty. ``(2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title. ``(3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time. ``(4) The authority under paragraph (1) shall terminate on October 1, 2024.``. (b) Briefing on Performance of Training as Primary Duty.-- Not later than March 1, 2023, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing describing how many members of the National Guard are performing Active Guard and Reserve duty for purposes of performing training of the regular components of the Armed Forces as the primary duty. (c) Briefing on End Strength Requirements.--Not later than October 1, 2024, the Secretary of the Army and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing outlining the end strength requirement going forward for Active Guard and Reserve forces of the National Guard impacted by subsection (c) of section 328(b) of title 32, United States Code, as added by subsection (a) of this section. SEC. 512. SELECTED RESERVE AND READY RESERVE ORDER TO ACTIVE DUTY TO RESPOND TO A SIGNIFICANT CYBER INCIDENT. Section 12304 of title 10, United States Code, is amended-- (1) in subsection (a) in the heading, by striking ``authority`` and inserting ``operational missions and certain other emergencies``; (2) by redesignating subsections (c) through (j) as subsections (d) through (k), respectively; (3) by inserting after subsection (b) the following new subsection: ``(c) Significant Cyber Incidents.--The Secretary of Defense may, without the consent of the member affected, order any unit, and any member not assigned to a unit organized to serve as a unit, of the Selected Reserve or Individual Ready Reserve to active duty for a continuous period of not more than 365 days when the Secretary of Defense determines it is necessary to augment the active forces for a Department of Defense response to a covered incident.``; (4) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting ``or subsection (c)`` after ``subsection (b)``; (5) in subsection (h) (as so redesignated)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking ``Whenever any`` and inserting ``(1) Whenever any``; and (C) by adding at the end the following new paragraph: ``(2) Whenever any unit of the Selected Reserve or any member of the Selected Reserve not assigned to a unit organized to serve as a unit, or any member of the Individual Ready Reserve, is ordered to active duty under authority of subsection (c), the service of all units or members so ordered to active duty may be terminated by-- ``(A) order of the Secretary of Defense; or ``(B) law.``; and (6) in subsection (k) (as so redesignated)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: ``(2) The term `covered incident` means-- ``(A) a cyber incident involving a Department of Defense information system or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States; ``(B) a cyber incident or collection of related cyber incidents that are determined by the President to be likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or ``(C) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).``. SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS IN THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL RECOGNITION. Paragraph (2) of section 14308(f) of title 10, United States Code, is amended to read as follows: ``(2) If there is a delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force that exceeds 100 days from the date the National Guard Bureau determines 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 [[Page S6094]] the State and ready for review at the National Guard Bureau; and ``(ii) the date on which the officer occupies a billet in the next higher grade.``. SEC. 514. INDEPENDENT STUDY ON FEDERAL RECOGNITION PROCESS. (a) Independent Study.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the National Guard commissioned officer and warrant officer promotion system and provide recommendations to the Department of Defense, the Department of the Air Force, the Department of the Army, the National Guard Bureau, and individual State National Guard commands. (2) Elements.--The study referred to in paragraph (1) shall include a comprehensive review and assessment of the following: (A) Reasons for delays in processing personnel actions for Federal recognition of State National Guard member promotions. (B) The Federal recognition process used to extend Federal recognition to State promotions. (C) Best practices among the various State National Guards for managing their requirements under the existing National Guard promotion system. (D) Possible improvements to requirements, policies, procedures, workflow, or resources to reduce the processing time for Federal recognition of state promotions. (E) An assessment of the feasibility of developing or adopting a commercially available solution for an integrated enterprise information technology system for managing National Guard officer and warrant officer promotions that allows seamless transition for promotions as they move through review at the National Guard Bureau, the Department of the Army, the Department of the Air Force, and the Department of Defense. (F) Possible metrics to evaluate effectiveness of any recommendations made. (G) Possible remedies for undue delays in Federal recognition, including adjustment to the effective date of promotion beyond current statutory authorities. (H) Any other matters the federally funded research and development center determines relevant. (3) Report.-- (A) In general.--The contract under paragraph (1) shall require the federally funded research and development center that conducts the study under the contract to submit to the Secretary of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau a report on the results of the study. (B) Submission to congress.--Upon receiving the report required under subparagraph (A), the Secretary of Defense shall submit an unedited copy of the report results to the congressional defense committees within 30 days of receiving the report from the federally funded research and development corporation. (b) Reporting Requirement.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified in paragraph (3), the Secretary of Defense, in consultation with the Secretary of the Army and the Secretary of the Air Force as appropriate, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the current status of the Federal recognition process for National Guard promotions. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) An update on efforts to transition to fully digital processes in accordance with recommendations made pursuant to subsection (a). (B) The average processing time for personnel actions related to Federal recognition of reserve commissioned officer promotions in the Army and Air National Guards, respectively, including the time in days from the date at which the National Guard Bureau received the promotion until the date at which Federal recognition was granted. (C) The average time it took during the previous fiscal year to extend Federal recognition. (D) The number of Army and Air National Guard officers who experienced Federal recognition delays greater than 90 days in the previous fiscal year. (E) A summary of any additional resources or authorities needed to further streamline the Federal recognition processes to reduce average Federal recognition processing time to 90 days or fewer. (F) Any other information that the Secretaries concerned deem relevant. (3) Expiration of annual reporting requirement.--The date referred to in paragraph (1) is such time as the average processing time for personnel actions described under this subsection is reduced to 90 days or fewer for each of the Army and Air National Guards. SEC. 515. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM. (a) Required Support Through Fiscal Year 2028.--Until September 30, 2028, the Secretary of Defense shall continue to support the FireGuard program with National Guard personnel, including personnel from the California National Guard and Colorado National Guard, to aggregate, analyze, and assess multi-source remote sensing information for interagency partnerships in the initial detection and monitoring of wildfires across the United States. (b) Notice and Wait Requirement After Fiscal Year 2028.-- Beginning on October 1, 2028, the Secretary of Defense may not reduce the support described under subsection (a), or transfer responsibility for such support to an interagency partner, until 30 days after the date on which the Secretary submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice of the proposed change, and reasons for the change. SEC. 516. INCLUSION OF UNITED STATES NAVAL SEA CADET CORPS AMONG YOUTH AND CHARITABLE ORGANIZATIONS AUTHORIZED TO RECEIVE ASSISTANCE FROM THE NATIONAL GUARD. Section 508(d) of title 32, United States Code, is amended-- (1) by redesignating paragraph (14) as paragraph (15); and (2) by inserting after paragraph (13) the following new paragraph: ``(14) The United States Naval Sea Cadet Corps.``. Subtitle C--General Service Authorities and Military Records SEC. 521. MODERNIZATION OF THE SELECTIVE SERVICE SYSTEM. (a) Reference.--Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act (50 U.S.C. 3801 et seq.). (b) Purpose of Selective Service.--Subsection (b) of section 1 (50 U.S.C. 3801) is amended to read as follows: ``(b) The Congress declares that the security of the Nation requires that adequate military strength be achieved and maintained by ensuring a requisite number of personnel with the necessary capabilities to meet the diverse mobilization needs of the Department of Defense during a time of war.``. (c) Solemnity of Military Service.--Section 3 (50 U.S.C. 3802) is amended by adding at the end the following: ``(c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service if called into training or service under this Act.``. (d) Expanded Registration to All Americans.-- (1) Section 3(a) (50 U.S.C. 3802(a)) is amended-- (A) by striking ``male citizen`` and inserting ``citizen``; (B) by striking ``male person`` and inserting ``person``; (C) by striking ``present himself`` and inserting ``appear``; and (D) by striking ``so long as he`` and inserting ``so long as such alien``. (2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking ``enlisted men`` and inserting ``enlisted persons``. (3) Section 5 (50 U.S.C. 3805) is amended-- (A) in subsection (a)(1)-- (i) by striking ``on account of race or color`` and inserting ``on any basis set forth in section 703(a) of the Civil Rights Act of 1964 (42 U.S.C. 2002e-2(a))``; and (ii) by striking ``call for men`` and inserting ``call for persons``; and (B) in subsection (b), by striking ``men`` each place it appears and inserting ``persons``. (4) Section 6 (50 U.S.C. 3806) is amended-- (A) in subsection (a)(1)-- (i) by striking ``enlisted men`` and inserting ``enlisted persons``; and (ii) by striking ``accrue to him`` and inserting ``accrue to such alien``; and (B) in subsection (h)-- (i) by striking ``(other than wives alone, except in cases of extreme hardship)``; and (ii) by striking ``wives and children`` and inserting ``spouses and children``. (5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended by striking ``the President is requested`` and all that follows through ``race or national origin`` and inserting ``the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of those registrants within its jurisdiction in each applicable basis set forth in section 703(a) of the Civil Rights Act of 1964 (42 U.S.C. 2002e-2(a)), but no action by any board shall be declared invalid on the ground that such board failed to conform to such representation quota``. (6) Section 16(a) (50 U.S.C. 3814(a)) is amended by striking ``men`` and inserting ``persons``. (e) Maintaining the Health of the Selective Service System.--Section 10(a) (50 U.S.C. 3809(a)) is amended by adding at the end the following new paragraph: ``(5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction [[Page S6095]] with each exercise to communicate the purpose of the exercise to the public.``. (f) Technical and Conforming Amendments.--The Military Selective Service Act is amended-- (1) in section 4 (50 U.S.C. 3803)-- (A) in subsection (a) in the third undesignated paragraph-- (i) by striking ``his acceptability in all respects, including his`` and inserting ``such person`s acceptability in all respects, including such person`s``; and (ii) by striking ``he may prescribe`` and inserting ``the President may prescribe``; (B) in subsection (c)-- (i) in paragraph (2), by striking ``any enlisted member`` and inserting ``any person who is an enlisted member``; and (ii) in paragraphs (3), (4), and (5), by striking ``in which he resides`` and inserting ``in which such person resides``; (C) in subsection (g), by striking ``coordinate with him`` and inserting ``coordinate with the Director``; and (D) in subsection (k)(1), by striking ``finding by him`` and inserting ``finding by the President``; (2) in section 5(d) (50 U.S.C. 3805(d)), by striking ``he may prescribe`` and inserting ``the President may prescribe``; (3) in section 6 (50 U.S.C. 3806)-- (A) in subsection (c)(2)(D), by striking ``he may prescribe`` and inserting ``the President may prescribe``; (B) in subsection (d)(3), by striking ``he may deem appropriate`` and inserting ``the President considers appropriate``; and (C) in subsection (h), by striking ``he may prescribe`` each place it appears and inserting ``the President may prescribe``; (4) in section 10 (50 U.S.C. 3809)-- (A) in subsection (b)-- (i) in paragraph (3)-- (I) by striking ``He shall create`` and inserting ``The President shall create``; and (II) by striking ``upon his own motion`` and inserting ``upon the President`s own motion``; (ii) in paragraph (4), by striking ``his status`` and inserting ``such individual`s status``; and (iii) in paragraphs (4), (6), (8), and (9), by striking ``he may deem`` each place it appears and inserting ``the President considers``; and (B) in subsection (c), by striking ``vested in him`` and inserting ``vested in the President``; (5) in section 13(b) (50 U.S.C. 3812(b)), by striking ``regulation if he`` and inserting ``regulation if the President``; (6) in section 15 (50 U.S.C. 3813)-- (A) in subsection (b), by striking ``his`` each place it appears and inserting ``the registrant`s``; and (B) in subsection (d), by striking ``he may deem`` and inserting ``the President considers``; (7) in section (16)(g) (50 U.S.C. 3814(g))-- (A) in paragraph (1), by striking ``who as his regular and customary vocation`` and inserting ``who, as such person`s regular and customary vocation,``; and (B) in paragraph (2)-- (i) by striking ``one who as his customary vocation`` and inserting ``a person who, as such person`s customary vocation,``; and (ii) by striking ``he is a member`` and inserting ``such person is a member``; (8) in section (18)(a) (50 U.S.C. 3816(a)), by striking ``he is authorized`` and inserting ``the President is authorized``; (9) in section 21 (50 U.S.C. 3819)-- (A) by striking ``he is sooner`` and inserting ``sooner``; (B) by striking ``he`` each subsequent place it appears and inserting ``such member``; and (C) by striking ``his consent`` and inserting ``such member`s consent``; (10) in section 22(b) (50 U.S.C. 3820(b)), in paragraphs (1) and (2), by striking ``his`` each place it appears and inserting ``the registrant`s``; and (11) except as otherwise provided in this section-- (A) by striking ``he`` each place it appears and inserting ``such person``; (B) by striking ``his`` each place it appears and inserting ``such person`s``; (C) by striking ``him`` each place it appears and inserting ``such person``; and (D) by striking ``present himself`` each place it appears in section 12 (50 U.S.C. 3811) and inserting ``appear``. (g) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsection (d) shall take effect 1 year after such date of enactment. SEC. 522. PROHIBITION ON INDUCTION UNDER THE MILITARY SELECTIVE SERVICE ACT WITHOUT EXPRESS AUTHORIZATION. Section 9 of the Military Selective Service Act (50 U.S.C. 3809) is amended by adding at the end the following new subsection: ``(i) No person shall be inducted for training and service in the Armed Forces under this title unless Congress first passes and there is enacted a law expressly authorizing such induction into service.``. SEC. 523. EXTENSION OF TEMPORARY AUTHORITY FOR TARGETED RECRUITMENT INCENTIVES. Section 522(h) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 503) is amended-- (1) by striking the semicolon and inserting a comma; and (2) by striking ``2020`` and inserting ``2025``. SEC. 524. HOME LEAVE DEMONSTRATION PROGRAM. (a) In General.--During the period specified in subsection (f), the Secretary of a military department may reimburse an eligible member of the armed forces for the cost of airfare for that member to travel to the home of record of the member. (b) Eligible Members.--A member of the armed forces is eligible for a reimbursement under subsection (a) with respect to travel described in that subsection if-- (1) the member-- (A) is assigned to a duty location in Alaska; and (B) as of any date during the period specified in subsection (f), has been assigned to a duty location in Alaska for a period of one year or more; (2) after an evaluation of the member by a mental health provider, that provider recommends, in writing, that the member use leave to which the member is entitled under section 704 of title 10, United States Code, to travel away from Alaska for the health and well-being of the member; and (3) an officer with the grade of O-6 or higher in the chain of command of the member authorizes the travel of the member. (c) Treatment of Time as Leave.--The time during which a member who receives a reimbursement under subsection (a) with respect to travel described in that subsection is absent from duty for such travel shall be treated as leave for purposes of section 704 of title 10, United States Code. (d) Authorized Destination.--Reimbursement under subsection (a) is authorized only for the cost of airfare for a member to travel to the home of record of the member. If a member travels to any other location pursuant to an authorization under subsection (b), the amount the member is reimbursed under subsection (a) may not exceed the cost the member would have incurred for airfare if the member had traveled to the home of record of the member. (e) Briefing Required.--Not later than February 1, 2024, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the use and effectiveness of reimbursements authorized by subsection (a). (f) Period Specified.--The period specified in this subsection is the period-- (1) beginning on the date of the enactment of this Act; and (2) ending on December 31, 2023. (g) Mental Health Provider Defined.--In this section, the term ``mental health provider`` means-- (1) a health care provider of the Department of the Defense at a facility of the Department; or (2) a non-Departmental health care provider (as defined in section 717 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat 868; 10 U.S.C. 1073 note)). SEC. 525. PROHIBITION ON CONSIDERING STATE LAWS AND REGULATIONS WHEN DETERMINING INDIVIDUAL DUTY ASSIGNMENTS. The Secretary of Defense may not use the agreement or disagreement of a member of the Armed Forces with the State laws and regulations applicable to any duty station when determining the duty assignment of the member. SEC. 526. MODIFICATION TO LIMITATIONS ON DISCHARGE OR RELEASE FROM ACTIVE DUTY. Section 1168(a) of title 10, United States Code, is amended by striking ``A member of an armed force`` and inserting ``A member of an active or reserve component of an armed force``. SEC. 527. SEX-NEUTRAL HIGH FITNESS STANDARDS FOR ARMY COMBAT MILITARY OCCUPATIONAL SPECIALTIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall-- (1) establish sex-neutral fitness standards for combat Military Occupational Specialties (MOSs) that are higher than those for non-combat MOSs; and (2) provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Service of the House of Representatives describing-- (A) the list of combat MOSs established for purposes of paragraph (1); and (B) the methodology used to determine whether to include a MOS on such list. Subtitle D--Military Justice and Other Legal Matters SEC. 541. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR IMPLEMENTATION OF MILITARY JUSTICE REFORM. (a) Briefing and Report Required.-- (1) Briefing.--Not later than March 1, 2023, and no less frequently than once every 180 days thereafter through December 31, 2024, each Secretary concerned shall provide to the appropriate congressional committees a briefing that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (2) Report.--Not later than one year after the date of the enactment of this Act, each Secretary concerned shall submit to the appropriate congressional committees a report that details the resourcing necessary to implement subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. [[Page S6096]] (3) Form of briefing and report.--The Secretaries concerned may provide the briefings and report required under paragraphs (1) and (2) jointly, or separately, as determined appropriate by such Secretaries. (b) Elements.--The briefing and report required under subsection (a) shall address the following: (1) The number of personnel and personnel authorizations (military and civilian) required by the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (2) The basis for the numbers provided pursuant to paragraph (1), including the following: (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special trial counsel, military defense counsel, military judges, military magistrates, and paralegals. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Armed Force concerned. (3) The nature and scope of any contract required by the Armed Force concerned to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (4) The amount and types of additional funding required by the Armed Force concerned to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (5) Any additional authorities required to implement the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (6) Any additional information the Secretary concerned determines is necessary to ensure the manning, equipping, and resourcing of the Armed Forces to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) and the amendments made by that subtitle. (c) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees`` means-- (A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives. (2) Secretary concerned.--The term ``Secretary concerned`` has the meaning given that term in section 101(a) of title 10, United States Code. SEC. 542. RANDOMIZATION OF COURT-MARTIAL PANELS. (a) In General.--Section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: ``(4) When convening a court-martial, the convening authority shall detail as members thereof members of the armed forces under such regulations as the President may prescribe for the randomized selection of qualified personnel, to the maximum extent practicable.``. (b) Regulations.--Not later than 2 years after the date of the enactment of this Act, the President shall prescribe regulations implementing the requirement under paragraph (4) of section 825(e) of title 10, United States Code (article 25(e) of the Uniform Code of Military Justice), as added by subsection (a). SEC. 543. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL. (a) Definition of Covered Offense.-- (1) In general.--Paragraph (17)(A) of section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), as added by section 533 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1695), is amended-- (A) by striking ``section 920 (article 120)`` and inserting ``section 919a (article 119a), section 919b (article 119b), section 920 (article 120), section 920a (article 120a)``; and (B) by striking ``the standalone offense of child pornography`` and inserting ``the standalone offenses of child pornography, indecent conduct, indecent language to a child under the age of 16, and pandering and prostitution``. (2) Effective date.--The amendments made by paragraph (1) shall-- (A) take effect on the date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81); and (B) apply with respect to any offenses that occur after that date. (b) Residual Prosecutorial Duties and Other Judicial Functions of Convening Authorities in Covered Cases.--The President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including but not limited to granting immunity, ordering depositions, and hiring experts, with respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of title 10, United States Code (article 24a of the Uniform Code of Military Justice), are transferred to the military judge, the special trial counsel, or other authority as appropriate in such cases by no later than the effective date established in section 539C of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 801 note), in consideration of due process for all parties involved in such a case. (c) Amendment to the Rules for Courts-Martial.--The President shall prescribe in regulation such modifications to Rule 813 of the Rules for Courts-Martial and other Rules as appropriate to ensure that at the beginning of each court- martial convened, the presentation of orders does not in open court specify the name, rank, or position of the convening authority convening such court, unless such convening authority is the Secretary concerned, the Secretary of Defense, or the President. (d) Briefing Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the progress of the Department of Defense in implementing this section, including an identification of-- (1) the duties to be transferred under subsection (b); (2) the positions to which those duties will be transferred; and (3) any provisions of law or Rules for Courts Martial that must be amended or modified to fully complete the transfer. (e) Additional Reporting Relative to Implementation of Subtitle D of Title V of the National Defense Authorization Act for Fiscal Year 2022.--Not later than February 1, 2025, and annually thereafter for five years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the holistic effect of the reforms contained in subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) on the military justice system. The report shall include the following elements: (1) An overall assessment of the effect such reforms have had on the military justice system and the maintenance of good order and discipline in the ranks. (2) The percentage of caseload and courts-martial assessed as meeting, or having been assessed as potentially meeting, the definition of ``covered offense``, disaggregated by offense and military service where possible. (3) An assessment of prevalence and data concerning disposition of cases by commanders after declination of prosecution by special trial counsel, disaggregated by offense and military service when possible. (4) Assessment of the effect, if any, the reforms contained in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses. (5) A description of the resources and personnel required to maintain and execute the reforms made by such subtitle during the reporting period relative to fiscal year 2022. (6) A description of any other factors or matters considered by the Secretary to be important to a holistic assessment of these reforms on the military justice system. SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS. (a) Jurisdiction.--Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended-- (1) in subsection (b)(1), by striking ``shall have jurisdiction over`` and all that follows through the period at the end of subparagraph (D) and inserting the following: ``shall have jurisdiction over-- ``(A) a timely appeal from the judgment of a court-martial, entered into the record under section 860c(a) of this title (article 60c(a)), that includes a finding of guilty; and ``(B) a summary court-martial case in which the accused filed an application for review with the Court under section 869(d)(1)(B) of this title (article 69(d)(1)(B)) and for which the application has been granted by the Court.``; and (2) in subsection (c), by striking ``is timely if`` and all that follows through the period at the end of paragraph (2) and inserting the following: ``is timely if-- ``(1) in the case of an appeal under subparagraph (A) of such subsection, it is filed before the later of-- ``(A) the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)); and ``(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)).``. (b) Review by Judge Advocate General.--Section 869 of title 10, United States Code (article 69 of the Uniform Code of Military Justice) is amended-- (1) by amending subsection (a) to read as follows: [[Page S6097]] ``(a) In General.--Upon application by the accused or receipt of the record pursuant to section 864(c)(3) of this title (article 64(c)(3)) and subject to subsections (b), (c), and (d), the Judge Advocate General may-- ``(1) with respect to a summary court-martial, modify or set aside, in whole or in part, the findings and sentence; or ``(2) with respect to a general or special court-martial, order such court-martial to be reviewed under section 866 of this title (article 66).``; and (2) in subsection (b)-- (A) by inserting ``(1)`` before ``To qualify``; and (B) by striking ``not later than one year after`` and all that follows through the period at the end and inserting the following: ``not later than-- ``(A) for a summary court-martial, one year after the date of completion of review under section 864 of this title (article 64); or ``(B) for a general or special court-martial, one year after the end of the 90-day period beginning on the date the accused is provided notice of appellate rights under section 865(c) of this title (article 65(c)), unless the accused submitted a waiver or withdrawal of appellate review under section 861 of this title (article 61) before being provided notice of appellate rights, in which case the application must be submitted to the Judge Advocate General not later than one year after the entry of judgment under section 860c of this title (article 60c). ``(2) The Judge Advocate General may, for good cause shown, extend the period for submission of an application, but may not consider an application submitted more than three years after the completion date referred to in paragraph (1)(A).``; (3) in subsection (c)-- (A) in paragraph (1)(A), by striking ``section 864 or 865(b) of this title (article 64 or 65(b))`` and inserting ``section 864 of this title (article 64)``; and (B) in paragraph (2), by striking ``the Judge Advocate General shall order appropriate corrective action under rules prescribed by the President`` and inserting ``the Judge Advocate General shall send the case to the Court of Criminal Appeals``; and (4) in subsection (d)(1), by striking ``under subsection (c)--`` and all that follows through ``(B) in a case submitted`` and inserting ``under subsection (c)(1) in a case submitted``. (c) Waiver of Right to Appeal; Withdrawal of Appeal.-- Section 861(d) of title 10, United States Code (article 61(d) of the Uniform Code of Military Justice), is amended by striking ``A waiver`` and inserting ``Except as provided by section 869(c)(2) of this title (article 69(c)(2)), a waiver``. SEC. 545. SPECIAL TRIAL COUNSEL. (a) Technical Corrections.--Section 824a(c)(3) of title 10, United States Code (article 24A(c)(3) of the Uniform Code of Military Justice), is amended-- (1) by striking ``Subject to paragraph (4)`` and inserting ``Subject to paragraph (5)``; and (2) in subparagraph (D), by striking ``an ordered rehearing`` and inserting ``an authorized rehearing``. (b) Effective Date.--The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 531 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) as provided in section 539C of that Act. SEC. 546. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL COUNSEL FROM LIMITATIONS ON AUTHORIZED STRENGTHS FOR GENERAL AND FLAG OFFICERS. During the two-year period beginning on the date of the enactment of this Act, the limitations in section 526a(a) of title 10, United States Code, shall not apply to a general or flag officer serving in the position of lead special trial counsel pursuant to an appointment under section 1044f(a)(2) of such title. SEC. 547. SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE AIR FORCE. (a) In General.--Section 1044f of title 10, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by striking ``The policies shall`` and inserting ``Subject to subsection (c), the policies shall``; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: ``(c) Special Trial Counsel of Department of the Air Force.--In establishing policies under subsection (a), the Secretary of Defense shall-- ``(1) in lieu of providing for separate offices for the Air Force and Space Force under subsection (a)(1), provide for the establishment of a single dedicated office from which office the activities of the special trial counsel of the Department of the Air Force shall be supervised and overseen; and ``(2) in lieu of providing for separate lead special trial counsels for the Air Force and Space Force under subsection (a)(2), provide for the appointment of one lead special trial counsel who shall be responsible for the overall supervision and oversight of the activities of the special trial counsel of the Department of the Air Force.``. (b) Effective Date.--The amendments made by subsection (a) shall take effect immediately after the coming into effect of the amendments made by section 532 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1694) as provided in section 539C of such Act (10 U.S.C. 801 note). SEC. 548. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES CHOOSING TO REPORT EXPERIENCING ADULT SEXUAL ASSAULT. (a) In General.--Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 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 Article 120, Uniform Code of Military Justice (10 U.S.C. 920), and includes penetrative offenses and sexual contact offenses.``. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1599j. Restricted reports of incidents of adult sexual assault. SEC. 549. IMPROVEMENTS TO DEPARTMENT OF DEFENSE TRACKING OF AND RESPONSE TO INCIDENTS OF CHILD ABUSE, ADULT CRIMES AGAINST CHILDREN, AND SERIOUS HARMFUL BEHAVIOR BETWEEN CHILDREN AND YOUTH INVOLVING MILITARY DEPENDENTS ON MILITARY INSTALLATIONS. (a) Expansion of Database.--Section 549B(b)(2)(A) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1787) is amended-- (1) by striking ``problematic sexual behavior in children and youth`` and inserting ``incidents``; and (2) by striking ``, regardless of whether the alleged offender was another child, an adult, or someone in a noncaregiving role at the time of the incident``. (b) Response Procedures for Incidents of Serious Harm to Children.--Subsection (c) of such section is amended-- (1) in the subsection heading, by striking ``Reported to Family Advocacy Programs``; (2) by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as so redesignated, 2 ems to the right; (3) by inserting before subparagraph (A), as so redesignated, the following: ``(1) Response groups.--``; (4) by inserting after subparagraph (A), as so redesignated, the following new subparagraph: ``(B) Serious harmful behaviors between children and youth multidisciplinary team.--The Secretary of Defense shall establish guidance for each Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team, as defined in paragraph (8), on a military installation to address reported incidents of serious harmful behaviors between children and youth, as described in subsection (a)(2)(C).``; (5) in paragraph (2)A)-- (A) by striking ``shall develop a standardized process by which the Family Advocacy Programs`` and inserting the following: ``shall develop standardized processes by which-- ``(i) the Family Response Programs``; (B) by inserting ``under subsection (a)(2)(A) and (a)(2)(B)`` after ``reported covered incidents of serious harm to children``; and (C) by striking ``Incident Determination Committee.`` and inserting the following: ``Incident Determination Committee; and ``(ii) military departments screen incidents of serious harmful behavior between children [[Page S6098]] and youth under subsection (a)(2)(C) to determine whether to convene the Serious Harmful Behavior Between Children and Youth Multidisciplinary Team.``; (6) in paragraph (7), by inserting ``, as described in subsection (a)(2)(A) and (a)(2)(B),`` after ``reported incidents of child abuse``; and (7) by adding at the end the following new paragraph: ``(8) Serious harmful behaviors between children and youth multidisciplinary team defined.--In this subsection, the term `Serious Harmful Behaviors Between Children and Youth Multidisciplinary Team` means a coordinated community response team on a military installation-- ``(A) composed of designated members with the requisite experience, qualifications, and skills to address serious harmful behaviors between children and youth from a developmentally appropriate and trauma-informed perspective; and ``(B) with objectives that include development of procedures for information sharing, collaborative and coordinated response, restorative resolution, effective investigations and assessments, evidence-based clinical interventions and rehabilitation, and prevention of serious harmful behavior between children and youth.``. SEC. 550. PRIMARY PREVENTION. (a) Annual Primary Prevention Research Agenda.--Section 549A(c) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended-- (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively; (2) by inserting after paragraph (1) the following new paragraphs: ``(2) include a focus on whether and to what extent sub- populations of the military community may be targeted for interpersonal violence more than others; ``(3) seek to identify factors that influence the prevention, perpetration, and victimization of interpersonal and self-directed violence; ``(4) seek to improve the collection and dissemination of data on hazing and bullying related to interpersonal and self-directed violence;``; and (3) in paragraph (6), as redesignated by paragraph (1) of this section, by amending the text to read as follows: ``(6) incorporate collaboration with other Federal departments and agencies, including the Department of Health and Human Services and the Centers for Disease Control and Prevention, State governments, academia, industry, Federally funded research and development centers, nonprofit organizations, and other organizations outside of the Department of Defense, including civilian institutions that conduct similar data-driven studies, collection, and analysis; and``. (b) Primary Prevention Workforce.--Section 549B of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended-- (1) in subsection (c), by adding at the end the following new paragraph: ``(3) Comptroller general report.--Not later than one year after the date of the enactment of this paragraph, the Comptroller General of the United States shall submit to the congressional defense committees a report comparing the sexual harassment and prevention training of the Department of Defense with similar programs at other Federal departments and agencies and including data collected by colleges and universities and other relevant outside entities.``; and (2) by adding at the end the following new subsection: ``(e) Incorporation of Research and Findings.--The Primary Prevention Workforce established under subsection (a) shall, on a regular basis, incorporate findings and conclusions from the primary prevention research agenda established under section 549A, as appropriate, into the work of the workforce.``. SEC. 551. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION. Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure, through the Sexual Assault Prevention and Response Office, the coordinated distribution and referral of information on the availability of resources provided by civilian legal service organizations to military-connected sexual assault victims. Subtitle E--Member Education, Training, and Transition SEC. 561. REVIEW OF CERTAIN SPECIAL OPERATIONS PERSONNEL POLICIES. (a) Review Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall require the military departments and the United States Special Operations Command to complete a review and appropriately update departmental guidance and processes consistent with section 167(e)(2)(J) of title 10 , United States Code, with respect to the authority of the Commander of the United States Special Operations Command to monitor the promotions of special operations forces and coordinate with the military departments regarding the assignment, retention, training, professional military education, and special and incentive pays of special operations forces. (b) Elements of Review.--The review and updates to departmental guidance and processes required under subsection (a) shall address the respective roles of the military departments and the United States Special Operations Command with respect to-- (1) the recruiting, retention, professional military education, and promotion of special operations personnel; (2) the sharing of personnel data between the military departments and the United States Special Operations Command; and (3) any other matters the Secretary of Defense determines necessary. (c) Report Required.--Not later than 90 days after the completion of the review and updates to departmental guidance and processes required under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the review and any resulting updates to departmental guidance and processes. The report shall also include any recommended changes to law or resources deemed appropriate by the Secretary. SEC. 562. EXPANDED ELIGIBILITY TO PROVIDE JUNIOR RESERVE OFFICERS` TRAINING CORPS (JROTC) INSTRUCTION. Section 2031 of title 10, United States Code, is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: ``(f)(1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and authorizing the employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve under subsections (d) and (e), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program certain officers and noncommissioned officers who-- ``(A)(i) are separated under honorable conditions within the past 5 years with at least 8 years of service, or ``(ii) are active participating members of the selected reserve at the time of application, for purposes of section 101(d) of this title, and have not yet reached retirement eligibility; and ``(B) are approved by the Secretary and the institution concerned and who request such employment. ``(2) Employment under this subsection shall be subject to the following conditions: ``(A) The Secretary concerned shall pay to the institution an amount equal to one-half of the Department`s prescribed JROTC Instructor Pay Scale amount paid to the member by the institution for any period. ``(B) The Secretary concerned may pay to the institution more than one-half of the amount paid to the member by the institution if (as determined by the Secretary)-- ``(i) the institution is in an educationally and economically deprived area; and ``(ii) the Secretary determines that such action is in the national interest. ``(C) Payments by the Secretary concerned under this subsection shall be made from funds appropriated for that purpose. ``(D) The Secretary concerned may require successful applicants to transfer to the Individual Ready Reserve (IRR).``. SEC. 563. PRE-SERVICE EDUCATION DEMONSTRATION PROGRAM. (a) Pre-service Education Demonstration Program Authorized.--The Secretary of each military department may establish and carry out a demonstration program to determine the advisability and feasibility of paying all or a portion of the charges of an education institution for the tuition of an individual who is enrolled in such educational institution for a technical or vocational degree, certificate, or certification program to meet a critical need in that military department. (b) Eligibility.--The Secretary shall limit eligibility under the program to individuals who meet the following criteria: (1) Must be between the age of 17 and 25. (2) Must be a category I recruit. (3) Must sign a written agreement consenting to the requirements under subsection (c). (c) Demonstration Program Requirements.--Under regulations prescribed by the Secretary concerned, each demonstration program created under this section shall adhere to the following requirements: (1) The educational program authorized under subsection (a) may not exceed a period of 3 years. (2) Funds may not be provided under the program to an eligible individual unless the individual signs an enlistment contract for active duty military service upon the completion of the educational program for which the funds were provided. (3) Individuals participating in the demonstration program shall be evaluated annually to ensure continued eligibility for military service. (4) Individuals participating in the program shall be required to enroll in an ongoing, pre-service course of instruction in order to prepare such individuals for military service and ensure their continued fitness and eligibility for service. The course of instruction may be administered either remotely or in-person, as the Secretary shall direct. The pre-service instruction shall be concurrent with the degree program authorized pursuant to subsection (a). (5) Individuals who do not maintain eligibility for military service may be required to repay any funds provided by the Secretary concerned under this program, as the Secretary shall direct. (d) Report.--For any demonstration programs initiated under this section, the Secretary concerned shall submit an annual report to the Committees on Armed Services of [[Page S6099]] the Senate and the House of Representatives that includes-- (1) a description of the demonstration program; (2) a statement of the goals or anticipated outcomes of the demonstration program; (3) a description of the method and metrics used to evaluate the effectiveness of this demonstration program; and (4) any other matters the Secretary concerned determines relevant. (e) Sunset.--The authority under this section expires on October 1, 2028. Subtitle F--Military Family Readiness and Dependents` Education SEC. 571. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN PERSONNEL. (a) Continuation of Authority to Assist Local Educational Agencies That Benefit Dependents of Members of the Armed Forces and Department of Defense Civilian Employees.-- (1) Assistance to schools with significant numbers of military dependent students.--Of the amount authorized to be appropriated for fiscal year 2023 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 7703b). (2) Local educational agency defined.--In this subsection, the term ``local educational agency`` has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). (b) Impact Aid for Children With Severe Disabilities.-- (1) In general.--Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a). (2) Additional amount.--Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report.--Not later than March 31, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department`s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS. (a) Assistance Authorized.--To assist communities in making adjustments resulting from changes in the size or location of the Armed Forces, the Secretary of Defense shall provide financial assistance to an eligible local educational agency described in subsection (b) if, during the period between the end of the school year preceding the fiscal year for which the assistance is authorized and the beginning of the school year immediately preceding that school year, the local educational agency-- (1) had (as determined by the Secretary of Defense in consultation with the Secretary of Education) an overall increase or reduction of-- (A) not less than five percent in the average daily attendance of military dependent students in the schools of the local educational agency; or (B) not less than 500 military dependent students in average daily attendance in the schools of the local educational agency; or (2) is projected to have an overall increase, between fiscal years 2023 and 2028, of not less than 500 military dependent students in average daily attendance in the schools of the local educational agency as the result of a signed record of decision. (b) Eligible Local Educational Agencies.--A local educational agency is eligible for assistance under subsection (a) for a fiscal year if-- (1) 20 percent or more of students enrolled in schools of the local educational agency are military dependent students; and (2) in the case of assistance described in subsection (a)(1), the overall increase or reduction in military dependent students in schools of the local educational agency is the result of one or more of the following: (A) The global rebasing plan of the Department of Defense. (B) The official creation or activation of one or more new military units. (C) The realignment of forces as a result of the base closure process. (D) A change in the number of housing units on a military installation. (E) A signed record of decision. (c) Calculation of Amount of Assistance.-- (1) Pro rata distribution.--The amount of the assistance provided under subsection (a) to a local educational agency that is eligible for such assistance for a fiscal year shall be equal to the product obtained by multiplying-- (A) the per-student rate determined under paragraph (2) for that fiscal year; by (B) the net of the overall increases and reductions in the number of military dependent students in schools of the local educational agency, as determined under subsection (a). (2) Per-student rate.--For purposes of paragraph (1)(A), the per-student rate for a fiscal year shall be equal to the dollar amount obtained by dividing-- (A) the total amount of funds made available for that fiscal year to provide assistance under subsection (a); by (B) the sum of the overall increases and reductions in the number of military dependent students in schools of all eligible local educational agencies for that fiscal year under that subsection. (3) Maximum amount of assistance.--A local educational agency may not receive more than $15,000,000 in assistance under subsection (a) for any fiscal year. (d) Duration.--Assistance may not be provided under subsection (a) after September 30, 2028. (e) Notification.--Not later than June 30, 2023, and June 30 of each fiscal year thereafter for which funds are made available to carry out this section, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under subsection (a) for that fiscal year of-- (1) the eligibility of the local educational agency for the assistance; and (2) the amount of the assistance for which the local educational agency is eligible. (f) Disbursement of Funds.--The Secretary of Defense shall disburse assistance made available under subsection (a) for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (e) for that fiscal year. (g) Briefing Required.--Not later than March 1, 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the estimated cost of providing assistance to local educational agencies under subsection (a) through September 30, 2028. (h) Funding for Fiscal Year 2023.--Of the amount authorized to be appropriated by this Act for operation and maintenance for Defense-wide activities $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a). (i) Eligible Uses.--Amounts disbursed to a local education agency under subsection (f) may be used by such local educational agency for-- (1) general fund purposes; (2) special education; (3) school maintenance and operation; (4) school expansion; or (5) new school construction. (j) Definitions.--In this section: (1) Base closure process.--The term ``base closure process`` means any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date. (2) Local educational agency.--The term ``local educational agency`` has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). (3) Military dependent students.--The term ``military dependent students`` means-- (A) elementary and secondary school students who are dependents of members of the Armed Forces; and (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense. (4) State.--The term ``State`` means each of the 50 States and the District of Columbia. SEC. 573. PILOT PROGRAM ON HIRING OF SPECIAL EDUCATION INCLUSION COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD DEVELOPMENT CENTERS. (a) In General.--The Secretary of Defense, in coordination with the Secretaries of the military departments, shall carry out a pilot program to hire special education inclusion coordinators at child development centers selected by the Secretary under subsection (b). (b) Selection of Centers.--The Secretary of Defense shall select the child development centers at which the pilot program required by subsection (a) will be carried out based on-- (1) the number of dependent children enrolled in the Exceptional Family Member Program at the military installation on which the center in located; (2) the number of children with special needs enrolled in the center; and (3) such other considerations as the Secretary, in consultation with the Secretaries of the military departments, considers appropriate. (c) Functions.--Each special education inclusion coordinator assigned to a child development center under the pilot program required by subsection (a) shall-- (1) coordinate intervention and inclusion services at the center; [[Page S6100]] (2) provide direct classroom support; and (3) provide guidance and assistance relating to the increased complexity of working with the behaviors of children with special needs. (d) Briefings Required.-- (1) Briefing on anticipated costs.--Not later than March 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the anticipated costs for the pilot program required by subsection (a). (2) Briefing on effectiveness of program.--Not later than September 30, 2025, the Secretary of Defense shall submit provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the pilot program required by subsection (a) that includes-- (A) the number of special education inclusion coordinators hired under the pilot program; (B) a description of any issues relating to the retention of those coordinators; (C) a recommendation with respect to whether the pilot program should be made permanent or expanded to other military installations; and (D) an assessment of the amount of funding required to make the pilot program permanent or expand the pilot program to other military installations, as the Secretary recommends under subparagraph (C). (e) Duration of Pilot Program.--The pilot program required by subsection (a) shall-- (1) commence not later than January 1, 2024; and (2) terminate on December 31, 2026. (f) Child Development Center Defined.--In this section, the term ``child development center`` has the meaning given that term in section 2871(2) of title 10, United States Code, and includes a facility identified as a child care center or day care center. SEC. 574. EXTENSION OF AND REPORT ON PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Section 589C(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2164 note) is amended by striking ``four years after the date of the enactment of this Act`` and inserting ``on July 1, 2029``. (b) Report Required.-- (1) In general.--Not later than December 31, 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the conduct of the pilot program under section 589C(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2164 note). (2) Elements.--The report required by paragraph (1) shall include a description of-- (A) the locations at which the pilot program described in paragraph (1) is carried out; (B) the number of students participating in the program for each academic year by location; and (C) the outcome measures used to gauge the value of the program to the Department of Defense. Subtitle G--Decorations and Awards, Miscellaneous Reports, and Other Matters SEC. 581. TEMPORARY EXEMPTION FROM END STRENGTH GRADE RESTRICTIONS FOR THE SPACE FORCE. Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2024. SEC. 582. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE DEVELOPMENT OF THE PROFESSIONAL MILITARY ETHIC IN THE SPACE FORCE. (a) Report Required.--Not later than June 1, 2023, the Secretary of the Air Force shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on officer personnel management and the development of the professional military ethic in the Space Force. (b) Elements.--The report required under subsection (a) shall include the following elements: (1) A description of issues related to officer development in the Space Force, including-- (A) the professional military education (PME) model for professional education and continual learning of officers in the Space Force; (B) the career development model for officers in the Space Force, including key knowledge, skills, and attributes expected of Space Force officers at each of the company grade, field grade, and general officer levels; (C) desired career trajectories for Space Force officers, including key assignments throughout identified Space Force career tracks and how the flexibilities in the Space Force Component proposal will be used to achieve these desired career paths; (D) how proposed constructive credit for civilian education and non-military experience in related space industry or government sectors will fit in with the proposed PME and career development models; and (E) how the Space Force Component proposal will enable officers to achieve joint qualifications required for promotion to general officer. (2) A description of issues related to officer accessions in the Space Force, including-- (A) the expected sources of commissioning for officers in the Space Force, including the desired proportions of officer assessments from the Reserve Officer Training Corps (ROTC), Service Academies, Officer Training School (OTS), and direct commissionees at each grade above second lieutenant; (B) the role of proposed constructive credit for civilian education and non-military experience in accessing officers at each grade higher than second lieutenant and the extent to which the Space Force plans to grant constructive credit in determining an officer`s entry grade at each grade above second lieutenant; and (C) the role of targeted recruiting as described in the Guardian Ideal in officer accessions, including how it will work, how frequently it will be used, for what positions, and how it will fit into overall officer accessions. (3) A description of issues related to the professional military ethic in the Space Force, including-- (A) how the proposed talent management system, career development model, PME model, and proposed Space Force Component structure will affect the development of a uniquely military culture in the Space Force as a military service with Space as a warfighting domain; (B) the role of the professional military ethic in the Space Force, including expectations of commissioned officers as public servants and military leaders; (C) the expected role of Space Force civilians in the development and stewardship of the Space Force as a professional military service and how those are distinct from military members in the Space Force; (D) the ethical implications of creating a force that is designed to ``partner effectively with other space interested entities,`` as described in the Guardian Ideal, and how the Space Force intends to address any ethical conflicts arising from its desired close partnership with non-military and non- government entities in private industry; and (E) the specific barriers between officers, enlisted, and civilian guardians that are described as ``unnecessary`` in the Guardian Ideal, how and why such barriers are unnecessary for the Space Force, and any statutory or policy changes the Space Force proposes to remove such barriers, including any proposed changes to the Uniform Code of Military Justice. (4) Any other issues related to personnel management and professional development of officers in the Space Force that the Secretary concerned determines relevant. SEC. 583. REPORT ON INCIDENCE OF SUICIDE BY MILITARY JOB CODE IN THE DEPARTMENT OF DEFENSE. (a) Report.--Not later than December 31, 2023, the Secretary of Defense shall conduct a review and submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the rates of suicides in the Armed Forces, beginning after September 11, 2001, disaggregated by year, military job code (Air Force Specialty Code (AFSC), Army Military Occupational Specialty (MOS), Navy Enlisted Classification (NEC)/Billet, and Coast Guard Ratings), and status as active duty, guard, and reserve (as applicable per service). (b) Elements.--The report required under subsection (a) shall include the following elements: (1) A compilation of suicide data by military job code to determine which military career fields have a higher per capita suicide rate compared to-- (A) other military career fields for the same period; (B) the overall suicide rate for each service for the same period; (C) the overall suicide rate for the Department of Defense for the same period; and (D) the national suicide rate for the same period. (2) A disaggregation of suicide data by age categories consistent with the Department of Defense Annual Suicide Report age categories. (c) Interim Briefing.--Not later than June 1, 2023, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the preliminary findings of the review conducted under this section. SEC. 584. WAIVER OF TIME LIMITATIONS FOR ACT OF VALOR DURING WORLD WAR II. (a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Master Sergeant Roderick W. Edmonds for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of Master Sergeant Roderick W. Edmonds on January 27, 1945, as a prisoner of war and member of the Army serving in Germany in support of the Battle of the Bulge, for which he has never been recognized by the United States Army. SEC. 585. AUTHORIZATION TO AWARD MEDAL OF HONOR TO SERGEANT MAJOR DAVID R. HALBRUNER FOR ACTS OF VALOR IN SUPPORT OF AN UNNAMED OPERATION IN 2012. (a) Waiver of Time Limitations.--Notwithstanding the time limitations specified in section 7274 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to [[Page S6101]] persons who served in the Armed Forces, the President may award the Medal of Honor under section 7271 of such title to Sergeant Major David R. Halbruner for the acts of valor described in subsection (b). (b) Acts of Valor Described.--The acts of valor referred to in subsection (a) are the actions of then-Master Sergeant Halbruner for his valorous actions on September 11-12, 2012, in support of an unnamed operation. SEC. 586. RECOGNITION OF SERVICE OF LIEUTENANT GENERAL FRANK MAXWELL ANDREWS. (a) Findings.--The Senate makes the following findings: (1) Lieutenant General Frank Maxwell Andrews was born in Nashville, Tennessee, in 1884, and graduated from the United States Military Academy, West Point, in 1906, where he received a commission in the cavalry. (2) In 1917, Lieutenant General Andrews was transferred to the aviation section of the Army Signal Corps, where he commanded various airfields around the United States, serving in a number of leadership positions, including-- (A) Commander of the Advanced Flying School at Kelly Field in Texas; (B) Commander of the 1st Pursuit Group at Selfridge Field in Michigan; and (C) Chief of the Army Air Corps` Training and Operations Division. (3) Following World War I, Lieutenant General Andrews served as the Air Officer for the Army of Occupation in Germany. (4) In 1935, Lieutenant General Andrews was selected to command the new General Headquarters Aviation, where he had oversight of all Air Corps units and led the development of the Army Air Force. (5) In 1939, Lieutenant General Andrews was chosen as Army G3, the Assistant Chief of Staff for Operations and Training, making him responsible for preparing operational plans for the entire Army for the impending war. (6) During World War II, Lieutenant General Andrews led a number of global critical commands, the only general to command 3 theaters of operations during the war, serving as commander of-- (A) the Caribbean Defense Command, which held responsibility for defending the United States` southern borders; (B) all United States forces in the Middle East, where he helped to defeat Rommel`s Afrika Corps; and (C) all United States troops in the European Theater of Operation, where he succeeded General Dwight D. Eisenhower and oversaw plans for the future invasion of Western Europe. (7) Lieutenant General Andrews was killed in an B-24 bomber crash during an inspection tour of Iceland. (8) A number of Lieutenant General Andrews` colleagues and subordinates have been posthumously promoted to the rank of four-star general for their contributions during World War II. (9) Lieutenant General Andrews was considered one of General Douglas MacArthur`s ``great captains`` due to his strong leadership capabilities, which empowered future leaders to lead United States ground and air forces to victory during World War II. (10) Joint Base Andrews, a United States military base previously known as Andrews Air Force Base, was named for Lieutenant General Andrews on February 7, 1945, for his leadership as commander of the Air Force General Headquarters and Commanding General of the United States forces in the European Theater of Operations. (11) In addition to Joint Base Andrews, additional military facilities and installations were named after Lieutenant General Andrews for his contribution to the United States forces, including-- (A) Royal Air Force (RAF) Andrews Field, a former RAF station, in England; (B) Andrews Avenue, a major road leading to the Philippines` International Airport in Metro Manila, Philippines; and (C) Andrews Theater, a theater previously serving the Naval Air Station Keflavik in Iceland. (12) Lieutenant General Andrews is considered one of the founders of the United States Army Air Forces, known today as the United States Air Force, due to his efforts to pursue and empower a separate and independent Air Force. (13) Lieutenant General Andrews served honorably in the United States military for over 37 years. (14) Lieutenant General Andrews is considered one of the United States` key military commanders of World War II. (b) Recognition of Service.--The Senate honors and recognizes Lieutenant General Frank Maxwell Andrews for-- (1) his 37 years of loyal service to the United States Army and Army Air Corps; (2) his heroic leadership during World War I and World War II; and (3) his lasting legacy and selfless sacrifice on behalf of the United States. SEC. 587. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO GRADE OF GENERAL OF THE ARMIES OF THE UNITED STATES. The President is authorized to appoint Ulysses S. Grant posthumously to the grade of General of the Armies of the United States equivalent to the rank and precedence held by General John J. Pershing pursuant to the Act entitled ``An Act Relating to the creation of the office of General of the Armies of the United States``, approved September 3, 1919 (41 Stat. 283, chapter 56). SEC. 588. MODIFICATION TO NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES. (a) Crewing Requirement.--Subsection (e) of section 597 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 8013 note) is amended to read as follows: ``(e) Surface Combatant Crewing Requirement.--Beginning October 1, 2025, the Secretary of the Navy may not assign more than one crew to a covered surface combatant vessel if any surface combatant vessel is included on a report required under subsection (a) in the most recent 12 months.``. (b) Surface Combatant Vessel Definition.--Subsection (d) of such section is amended by adding at the end the following new paragraph: ``(4) Surface combatant vessel.--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 (including the DDG-51 and DDG-1000 classes), or cruiser (including the CG-47 class).``. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A--Pay and Allowances SEC. 601. TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WHOSE SOLE DEPENDENT DIES WHILE RESIDING WITH THE MEMBER. (a) In General.--Section 403 of title 37, United States Code, is amended-- (1) by redesignating subsections (m) through (p) as subsections (n) through (q), respectively; and (2) by inserting after subsection (l) the following new subsection (m): ``(m) Temporary Continuation of Allowance for Members Whose Sole Dependent Dies While Residing With the Member.--(1) Notwithstanding subsection (a)(2) or any other provision of law, the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when not operating as a service in the Navy, may continue to pay to a member described in paragraph (2) for the period described in paragraph (3) a basic allowance for housing at the rate to which the member was entitled on the day before the date of the death of the dependent of the member. ``(2) A member described in this paragraph is a member of the uniformed services whose sole dependent dies while-- ``(A) the member is on active duty; and ``(B) the dependent resides with the member, unless separated-- ``(i) by the necessity of military service; ``(ii) to receive institutional care as a result of disability or incapacitation; or ``(iii) under such other circumstances as the Secretary concerned may by regulation prescribe. ``(3)(A) Except as provided by subparagraph (B), the period described in this paragraph is the 365-day period beginning on the date of the death of the dependent of a member described in paragraph (2). ``(B) A member described in paragraph (2) who receives, during the 365-day period described in subparagraph (A), an order for a permanent change of station or permanent change of assignment with movement of personal property and household goods authorized under section 453(c) may not continue to receive a basic allowance for housing at the rate provided for under paragraph (1) after the permanent change of station or permanent change of assignment.``. (b) Conforming Amendment.--Section 2881a(c)(1) of title 10, United States Code, is amended by striking ``section 403(n)`` and inserting ``section 403(o)``. SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT DEPENDENTS WHEN HOME PORT CHANGE WOULD FINANCIALLY DISADVANTAGE MEMBER. Subsection (p) of section 403 of title 37, United States Code, as redesignated by section 601(a)(1), is further amended-- (1) in the subsection heading, by striking ``Low-cost and No-cost`` and inserting ``Certain``; (2) by inserting ``(1)`` before ``In the case of a member who is assigned``; and (3) by adding at the end the following new paragraph: ``(2)(A) In the case of a member without dependents who is assigned to a unit that undergoes a change of home port or a change of permanent duty station, if the Secretary concerned determines that it would be inequitable to base the member`s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station, the Secretary concerned may-- ``(i) waive the requirement to base the member`s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station member; and ``(ii) treat that member for the purposes of this section as if the unit to which the member is assigned did not undergo such a change. ``(B) The Secretary concerned may grant a waiver under subparagraph (A) to not more than 100 members in a calendar year. ``(C) Not later than March 1 of each calendar year, the Secretary concerned shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the use of the authority provided by subparagraph (A) during the preceding calendar year that includes-- ``(i) the number of members granted a waiver under subparagraph (A) during that year; and [[Page S6102]] ``(ii) for each such waiver, an identification of-- ``(I) the grade of the member; ``(II) the home port or permanent duty station of the unit to which the member is assigned before the change described in subparagraph (A); and ``(III) the new home port or permanent duty station of that unit. ``(D) This paragraph shall cease to be effective on December 31, 2027.``. SEC. 603. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC ALLOWANCE FOR HOUSING IN CERTAIN AREAS. Section 403(b)(8)(C) of title 37, United States Code, is amended by striking ``2022`` and inserting ``2024``. SEC. 604. INCREASE IN INCOME FOR PURPOSES OF ELIGIBILITY FOR BASIC NEEDS ALLOWANCE. (a) In General.--Section 402b(b) of title 37, United States Code, is amended by striking ``130 percent`` both places it appears and inserting ``150 percent``. (b) Implementation.--Not later than January 1, 2024, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall modify the calculation of the basic needs allowance under section 402b of title 37, United States Code, to implement the amendment made by subsection (a). SEC. 605. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO TRAVEL AND TRANSPORTATION AUTHORITIES. (a) Balanced Budget and Emergency Deficit Control Act of 1985.--Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is amended by striking ``sections 403a and 475`` and inserting ``sections 403b and 405``. (b) Title 5.--Title 5, United States Code, is amended-- (1) in section 4109(a)(2)-- (A) in subparagraph (A), by striking ``sections 474 and 475`` and inserting ``sections 405 and 452``; and (B) in subparagraph (B), by striking ``sections 476 and 479`` and inserting ``sections 452 and 453(c)``; (2) in section 5725(c)(2)(B), by striking ``section 476(b)(1)(H)(iii)`` and inserting ``subsections (c) and (d) of section 453``; and (3) in section 5760-- (A) in subsection (c), by striking ``section 481h(b)`` and inserting ``section 451(a)``; and (B) in subsection (d)-- (i) in paragraph (2), by striking ``section 474(d)`` and inserting ``section 464``; and (ii) in paragraph (3), by striking ``section 481h(d)(1)`` and inserting ``section 452(d)``. (c) Title 10.--Title 10, United States Code, is amended-- (1) in section 710-- (A) in subsection (f)(4)(A), in the matter preceding clause (i), by striking ``section 474`` and inserting ``section 452``; and (B) in subsection (h)(4), by striking ``section 481f`` and inserting ``section 453(f)``; (2) in section 1174a(b)(2)(B), by striking ``sections 474 and 476`` and inserting ``sections 452 and 453(c)``; (3) in section 1175(j), by striking ``sections 474 and 476`` and inserting ``sections 452 and 453(c)``; (4) in section 1175a(e)(2)(B), by striking ``sections 474 and 476`` and inserting ``sections 452 and 453(c)``; (5) in section 1491(d)(3), by striking ``section 495(a)(2)`` and inserting ``section 435(a)(2)``; (6) in section 2013(b)(2)-- (A) in subparagraph (A), by striking ``sections 474 and 475`` and inserting ``sections 405 and 452``; and (B) in subparagraph (B), by striking ``sections 476 and 479`` and inserting ``sections 452 and 453(c)``; (7) in section 2493(a)(4)(B)(ii), by striking ``section 481f(d)`` and inserting ``section 453(f)``; (8) in section 2613(g), by striking ``section 481h(b)`` and inserting ``section 451(a)``; and (9) in section 12503-- (A) in subsection (a), in the second sentence, by striking ``sections 206 and 495`` and inserting ``sections 206 and 435``; (B) in subsection (b)(2)(A), by striking ``section 495`` and inserting ``section 435``; and (C) in subsection (c), by striking ``chapter 7`` and inserting ``section 452``. (d) Title 14.--Section 2764 of title 14, United States Code, is amended, in the first and third sentences, by striking ``subsection (b) of section 476`` and inserting ``section 453(c)``. (e) Title 32.--Section 115 of title 32, United States Code, is amended-- (1) in subsection (a), in the third sentence, by striking ``sections 206 and 495`` and inserting ``sections 206 and 435``; (2) in subsection (b)(2)(A), by striking ``section 495`` and inserting ``section 435``; and (3) in subsection (c), by striking ``chapter 7`` and inserting ``section 452``. (f) National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002.--Section 236(f)(4)(A) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3036(f)(4)(A)) is amended, in the matter preceding clause (i), by striking ``section 474`` and inserting ``section 452``. (g) Title 36.--Section 2101(b)(2) of title 36, United States Code, is amended by striking ``section 475`` and inserting ``section 405``. (h) Title 37.--Title 37, United States Code, is amended-- (1) in section 403-- (A) in subsection (d)(2)(A), by striking ``section 476`` and inserting ``section 452``; and (B) in subsection (g)-- (i) in paragraph (2), in the second sentence, by striking ``section 474`` and inserting ``section 452``; and (ii) in paragraph (3), by striking ``section 476`` and inserting ``section 453(c)``; (2) in section 420(b), by striking ``sections 474-481`` and inserting ``section 452``; (3) in section 422(a), by striking ``section 480`` and inserting ``section 452``; (4) in section 427-- (A) in subsection (a)(1)(A), by striking ``section 476`` and inserting ``section 452``; and (B) in subsection (c)(1), by striking ``section 476`` and inserting ``section 452``; (5) in section 433(b), by striking ``section 474(d)(2)(A)`` and inserting ``section 452``; (6) in section 451(a)(2)(H)-- (A) in clause (i), by striking ``section 481f`` and inserting ``section 453(f)``; (B) in clause (ii), by striking ``section 481h`` and inserting ``section 452(b)(12)``; (C) in clause (iii), by striking ``section 481j`` and inserting ``section 452(b)(13)``; (D) in clause (iv), by striking ``section 481k`` and inserting ``section 452(b)(14)``; and (E) in clause (v), by striking ``section 481l`` and inserting ``section 452(b)(15)``; (7) in section 1002(b)(1), by striking ``section 474(a)- (d), and (f),`` and inserting ``section 452``; (8) in section 1003, by striking ``sections 402-403b, 474- 477, 479-481, and 414`` and inserting ``sections 402 through 403b, 405, 414, 452, and 453``; and (9) in section 1006(g)-- (A) by striking ``section 477`` and inserting ``section 452(c)(2)``; and (B) by striking ``section 475a(a)`` and inserting ``section 452(b)(11)``. (i) Child Nutrition Act of 1966.--Section 17(d)(2)(B)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is amended by striking ``section 475`` and inserting ``section 405``. Subtitle B--Bonus and Incentive Pays SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY AUTHORITIES. (a) Authorities Relating to Reserve Forces.--Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``. (b) Title 10 Authorities Relating to Health Care Professionals.--The following sections of title 10, United States Code, are amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``: (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities Relating to Nuclear Officers.--Section 333(i) of title 37, United States Code, is amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``. (d) Authorities Relating to Title 37 Consolidated Special Pay, Incentive Pay, and Bonus Authorities.--The following sections of title 37, United States Code, are amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``: (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers` Training Corps. (6) Section 352(g), relating to assignment pay or special duty pay. (7) Section 353(i), relating to skill incentive pay or proficiency bonus. (8) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to Provide Temporary Adjustments in Rates of Basic Allowance for Housing.--Section 403(b) of title 37, United States Code, is amended-- (1) in paragraph (7)(E), by striking ``December 31, 2022`` and inserting ``December 31, 2023``; and (2) in paragraph (8)(C), by striking ``September 30, 2022`` and inserting ``December 31, 2023``. SEC. 612. REPEAL OF SUNSET OF HAZARDOUS DUTY PAY. Subsection (h) of section 351 of title 37, United States Code, is repealed. SEC. 613. AUTHORIZATION OF ASSIGNMENT PAY OR SPECIAL DUTY PAY BASED ON CLIMATE IN WHICH A MEMBER`S DUTIES ARE PERFORMED. Section 352(a)(2) of title 37, United States Code, is amended by inserting ``climate,`` after ``location,``. Subtitle C--Leave SEC. 621. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE ARMED FORCES TO ACCUMULATE LEAVE IN EXCESS OF 60 DAYS. (a) In General.--Section 701(f) of title 10, United States Code, is amended to read as follows: ``(f)(1) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize a member [[Page S6103]] described in paragraph (2) who, except for this subsection, would lose at the end of the fiscal year any accumulated leave in excess of the number of days of leave authorized to be accumulated under subsection (b), to retain an accumulated total of 90 days leave. ``(2) This subsection applies to a member who-- ``(A) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; ``(B) is assigned to a deployable ship or mobile unit or to other duty designated for the purpose of this section; or ``(C) serves on active duty in a duty assignment in support of a contingency operation. ``(3) Leave accumulated by a member under this subsection in excess of the number of days of such leave authorized under subsection (b) is forfeited unless it is used by the member before the end of the second fiscal year after the fiscal year in which the service or assignment described in paragraph (B) of the member terminated.``. (b) Transition Rule.--Notwithstanding paragraph (3) of section 701(f) of title 10, United States Code, as amended by subsection (a), leave in excess of 90 days accumulated by a member under section 701(f) of title 10, United States Code, on or before September 30, 2022, is forfeited unless it is used by the member on or before September 30, 2025, or the retention of such leave is authorized under another provision of law. (c) Effective Date.--The amendment made by subsection (a) takes effect on January 1, 2023. SEC. 622. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND ACCUMULATION. (a) Repeal of Obsolete Authority.--Section 701 of title 10, United States Code, is amended-- (1) by striking subsection (d); and (2) by redesignating subsections (e) through (m) as subsections (d) through (l). (b) Conforming Amendments to Section 701 of Title 10.-- Section 701 of title 10, United States Code, is amended-- (1) in subsection (b), by striking ``subsections (d), (f), and (g)`` and inserting ``subsections (e) and (f)``; (2) in subsection (f), as redesignated by subsection (a)(2), in the first sentence, by striking ``subsections (b), (d), and (f)`` and inserting ``subsections (b) and (e)``; and (3) in subsection (i), as so redesignated, in the first sentence, by striking ``subsections (b), (d), and (f)`` and inserting ``subsections (b) and (e)``. (c) Conforming Amendments to Other Provisions of Law.-- (1) Title 14.--Section 2508(a) of title 14, United States Code, is amended by striking ``section 701(f)(2)`` and inserting ``section 701(e)``. (2) Title 37.--Title 37, United States Code, is amended-- (A) in section 501-- (i) in subsection (b)(6), by striking ``120 days of leave under section 701(f)(1)`` and inserting ``90 days of leave under section 701(e)``; and (ii) in subsection (h), by striking ``section 701(g)`` and inserting ``section 701(f)``; and (B) in section 502(b), by striking ``section 701(h)`` and inserting ``section 701(g)``. (d) Effective Date.--The amendments made by this section take effect on January 1, 2023. SEC. 623. CONVALESCENT LEAVE FOR MEMBERS OF THE ARMED FORCES. (a) In General.--Section 701 of title 10, United States Code, as amended by section 622(a), is further amended by adding at the end the following new subsection: ``(m)(1) Except as provided by subsection (h)(3), and under regulations prescribed by the Secretary of Defense, a member of the armed forces diagnosed with a medical condition is allowed convalescent leave if-- ``(A) the medical or behavioral health provider of the member-- ``(i) determines that the member is not yet fit for duty as a result of that condition; and ``(ii) recommends such leave for the member to provide for the convalescence of the member from that condition; and ``(B) the commanding officer of the member or the commander of the military medical treatment facility authorizes such leave for the member. ``(2) A member may take not more than 30 days of convalescent leave under paragraph (1) with respect to a condition described in that paragraph unless-- ``(A) such leave in excess of 30 days is authorized by-- ``(i) the Secretary concerned; or ``(ii) an individual at the level designated by the Secretary concerned, but not below the grade of O-5 or the civilian equivalent; or ``(B) the member is authorized to receive convalescent leave under subsection (h)(3) in conjunction with the birth of a child. ``(3)(A) Convalescent leave may be authorized under paragraph (1) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member. ``(B) In authorizing convalescent leave for a member under paragraph (1) with respect to a condition described in that paragraph, the commanding officer of the member or the commander of the military medical treatment facility, as the case may be, shall-- ``(i) limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable final disposition of the condition of the member; and ``(ii) authorize leave tailored to the specific medical needs of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on a predetermined formula. ``(4) A member taking convalescent leave under paragraph (1) shall not have the member`s leave account reduced as a result of taking such leave. ``(5) In this subsection, the term `military medical treatment facility` means a facility described in subsection (b), (c), or (d) of section 1073d.``. (b) Treatment of Convalescent Leave for Birth of Child.-- Paragraph (3) of subsection (h) of such section, as redesignated by section 622(a), is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by inserting ``(A)`` after ``(3)``; and (3) by adding at the end the following new subparagraph: ``(B) Convalescent leave may be authorized under subparagraph (A) only for a medical condition of a member and may not be authorized for a member in connection with a condition of a dependent or other family member of the member.``. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2023. Subtitle D--Other Matters SEC. 631. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION PROGRAM. (a) Program Requirement.--The Secretary shall establish and carry out within the Department of the Air Force a demonstration program to assess and improve retention on active duty in the Air Force of rated officers described in subsection (b). (b) Rated Officers Described.--Rated officers described in this subsection are rated officers serving on active duty in the Air Force, excluding rated officers with a reserve appointment in the Air National Guard or Air Force Reserve-- (1) whose continued service on active duty would be in the best interest of the Department of the Air Force, as determined by the Secretary; and (2) who have not more than three years and not less than one year remaining on an active duty service obligation under section 653 of title 10, United States Code. (c) Written Agreement.-- (1) In general.--Under the demonstration program required under subsection (a), the Secretary shall offer retention incentives under subsection (d) to a rated officer described in subsection (b) who executes a written agreement to remain on active duty in a regular component of the Air Force for not less than four years after the completion of the active duty service obligation of the officer under section 653 of title 10, United States Code. (2) Exception.--If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot be fulfilled, the agreement of the officer under paragraph (1) to remain on active duty shall expire not later than one year after that determination. (d) Retention Incentives.-- (1) Guarantee of future assignment location.--Under the demonstration program required under subsection (a), the Secretary may offer to a rated officer described in subsection (b) a guarantee of future assignment locations based on the preference of the officer. (2) Aviation bonus.--Under the demonstration program required under subsection (a), notwithstanding section 334(c) of title 37, United States Code, the Secretary may pay to a rated officer described in subsection (b) an aviation bonus not to exceed an average annual amount of $50,000 (subject to paragraph (3)(B)). (3) Combination of incentives.--The Secretary may offer to a rated officer described in subsection (b) a combination of incentives under paragraphs (1) and (2). (e) Annual Briefing.--Not later than December 31, 2023, and annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in the Air Force of rated officers described in subsection (b). (f) Definitions.--In this section: (1) Rated officer.--The term ``rated officer`` means an officer specified in section 9253 of title 10, United States Code. (2) Secretary.--The term ``Secretary`` means the Secretary of the Air Force. (g) Termination.--This section shall terminate on December 31, 2028. TITLE VII--HEALTH CARE PROVISIONS Subtitle A--TRICARE and Other Health Care Benefits SEC. 701. IMPROVEMENTS TO THE TRICARE DENTAL PROGRAM. (a) In General.--Section 1076a of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``The plans`` and inserting the following: ``(1) In general.--The plans``; and (B) by adding at the end the following new paragraph: ``(2) Premium sharing plans.--The regulations required by paragraph (1) shall include, [[Page S6104]] 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 four national 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 consistent with the requirements of this section, offer a high option plan that provides more covered services; ``(iii) may offer an additional 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) shall conduct in their provider networks, to the extent practicable, pilot programs on the development of a model of care based on the model of care referred to as patient-centered dental homes.``; (2) in subsection (d)(1)-- (A) in subparagraph (B), by striking the second sentence; (B) by striking subparagraph (C) and inserting the following new subparagraph (C): ``(C) The amount of the premium required under subparagraph (A)-- ``(i) for standard option plans described in subsection (b)(2)(C)(ii), shall be established by the Secretary annually such that in the aggregate (taking into account the adjustments under subparagraph (D) and subsection (e)(2)(C)), the Secretary`s share of each premium is 60 percent of the premium for each enrollment category (self, self plus one, and family) of each standard option plan; and ``(ii) for non-standard option plans described in clauses (ii) and (iii) of subsection (b)(2)(C), 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.``; and (C) by striking subparagraph (D) and inserting the following new subparagraph (D): ``(D) The Secretary of Defense shall reduce the monthly premium required to be paid under paragraph (1) in the case of enlisted members in pay grade E-1, E-2, E-3, or E-4.``; (3) in subsection (e), by adding at the end the following new paragraph: ``(3) 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.``; and (4) in subsection (j), by striking ``plan established under this section`` and inserting ``standard option plan described in subsection (b)(2)(C)(ii).``. (b) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2025. (c) Rule Making Authority.-- (1) In general.--In order to implement the dental program improvements on the date specified in subsection (b), the Secretary of Defense shall, not later than January 1, 2024, issue an interim final regulation consistent with the provisions of section 1076a of title 10, United States Code, as amended by subsection (a), that will be in effect on the date specified in subsection (b). (2) Maintenance of covered services.--The regulation required by paragraph (1) shall ensure that covered services under standard option plans described in subsection (b)(2)(C)(ii) of section 1076a of title 10, United States Code, as added by subsection (a), shall be no less than those services under the premium sharing plans under such section in effect as of the date of the enactment of this Act. SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO RESPOND TO A NATIONAL EMERGENCY. (a) Transitional Health Care.--Subsection (a)(2) of section 1145 of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(G) A member of the National Guard who is separated from full-time National Guard Duty to which called or ordered under section 502(f) of title 32 for a period of active service of more than 30 days to perform duties that are authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.``. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``active duty`` and inserting ``active service``; (B) in paragraph (3), by striking ``paragraph (2)(B)`` and inserting ``subparagraph (B) or (G) of paragraph (2)``; (C) in paragraph (4)-- (i) by striking ``active duty`` each place it appears and inserting ``active service``; and (ii) in the second sentence, by striking ``or (D)`` and inserting ``(D), or (G)``; (D) in paragraph (5), in subparagraphs (A) and (B), by striking ``active duty`` each place it appears and inserting ``active service``; and (E) in paragraph (7)(A)-- (i) by striking ``service on active duty`` and inserting ``active service``; and (ii) by striking ``active duty for`` and inserting ``active service for``; (2) in subsection (b)(1), by striking ``active duty`` and inserting ``active service``; and (3) in subsection (d)(1)(A), by striking ``active duty`` and inserting ``active service``. SEC. 703. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH CARE SERVICES FOR MEMBERS OF THE ARMED FORCES. (a) In General.--In order to reinforce the policies of eliminating stigma in obtaining mental health care services and further encouraging help-seeking behavior by members of the Armed Forces, not later than July 1, 2023, the Secretary of Defense shall-- (1) update and reissue Department of Defense Instruction 6490.08, entitled ``Command Notification Requirements to Dispel Stigma in Providing Mental Health Care to Service Members`` and issued on August 17, 2011, taking into account-- (A) experience implementing the Instruction; and (B) opportunities to more effectively dispel stigma in obtaining mental health care services and encourage help- seeking behavior; and (2) develop standards within the Department of Defense that-- (A) ensure, except in cases in which there are exigent circumstances, confidentiality of mental health care services provided to members who voluntarily seek such services; and (B) in cases in which there are exigent circumstances, prevent health care providers from disclosing more than the minimum amount of information necessary to address the exigent circumstances. (b) Elements.--The standards required by subsection (a)(2) shall include the following elements: (1) Requirements for confidentiality regarding the request and receipt by a member of the Armed Forces of mental health care services under the self-initiated referral process under section 1090a(e) of title 10, United States Code. (2) Requirements for confidentiality regarding the results of any drug testing incident to mental health care services. (3) Procedures that reflect best practices of the mental health profession with respect to suicide prevention. (4) Prohibition on retaliating against a member of the Armed Forces who requests mental health care services. (5) Such other elements as the Secretary determines will most effectively support the policies of-- (A) eliminating stigma in obtaining mental health care services; and (B) encouraging help-seeking behavior by members of the Armed Forces. (c) Joint Policy With the Secretary of Veterans Affairs.-- (1) In general.--Not later than July 1, 2023, the Secretary of Defense and the Secretary of Veterans Affairs shall issue a joint policy that provides, except in the case of exigent circumstances, for confidentiality of mental health care services provided by the Department of Veterans Affairs to members of the Armed Forces, including members of reserve components of the Armed Forces, under sections 1712A, 1720F, 1720H, and 1789 of title 38, United States Code, and other applicable law. (2) Elements.--The joint policy issued urder paragraph (1) shall, to the extent practicable, establish standards comparable to the standards developed under subsection (a)(2). (d) Report.--Not later than July 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the standards developed under subsection (a)(2) and the joint policy issued under subsection (c). (e) Exigent Circumstance Defined.--In this section, the term ``exigent circumstance`` means a circumstance in which the Secretary of Defense determines the need to prevent serious harm to individuals or essential military functions clearly outweighs the need for confidentiality of information obtained by a health care provider incident to mental health care services voluntarily sought by a member of the Armed Forces. [[Page S6105]] SEC. 704. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER TRICARE PRIME DURING PERMANENT CHANGES OF STATION. (a) In General.--Section 714 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1095f) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Improvement of Specialty Care Referrals During Permanent Changes of Station.--In conducting evaluations and improvements under subsection (d) to the referral process described in subsection (a), the Secretary shall ensure beneficiaries enrolled in TRICARE Prime who are undergoing a permanent change of station receive referrals from their primary care manager to such specialty care providers in the new location as the beneficiary may need before undergoing the permanent change of station.``. (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contractual and technical barriers preventing record sharing between civilian provider networks under the TRICARE program that lead to increased wait times for care for members of the Armed Forces and their dependents undergoing permanent changes of station across provider network regions. SEC. 705. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE SELECT AND TRICARE DENTAL PROGRAM TO MEMBERS OF THE SELECTED RESERVE AND THEIR DEPENDENTS. (a) Study.--The Secretary of Defense may conduct a study on the feasibility, potential cost effects to the budget of the Department of Defense, changes in out-of-pocket costs to beneficiaries, and effects on other Federal programs of expanding eligibility for TRICARE Reserve Select and the TRICARE dental program to include all members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (b) Specifications.--If the Secretary conducts the study under subsection (a), the Secretary shall include in the study an assessment of the following: (1) Cost-shifting to the Department of Defense to support the expansion of TRICARE Reserve Select and the TRICARE dental program from-- (A) health benefit plans under chapter 89 of title 5, United States Code; (B) employer-sponsored health insurance; (C) private health insurance; (D) insurance under a State health care exchange; and (E) the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) New costs for the Department of Defense to enroll in TRICARE Reserve Select and the TRICARE dental program members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who were previously uninsured. (3) The resources needed to implement TRICARE Reserve Select and the TRICARE dental program for all such members, their dependents, and their non-dependent children under the age of 26. (4) Cost-savings, if any, resulting from the expansion of TRICARE Reserve Select and the TRICARE dental program with regard to increased training days performed in support of mass medical events during battle assemblies of the reserve components, including an assessment of the impact of such expansion on-- (A) medical readiness; (B) overall deployability rates; (C) deployability timelines; (D) fallout rates at mobilization sites; (E) cross-leveling of members of the reserve components to backfill medical fallouts at mobilization sites; and (F) any other readiness metrics affected by such expansion. (5) Any impact of such expansion on recruitment and retention of members of the Armed Forces, including members of the Ready Reserve of the reserve components of the Armed Forces. (6) Cost-savings, if any, in contracts that implement the Reserve Health Readiness Program of the Department of Defense. (c) Determination of Cost Effects.--If the Secretary of Defense studies the potential cost effects to the budget of the Department of Defense under subsection (a), the Secretary shall study the cost effects for the following scenarios of expanded eligibility for TRICARE Reserve Select and the TRICARE dental program: (1) Premium free for members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces, their dependents, and their non-dependent children under the age of 26. (2) Premium free for such members and subsidized premiums for such dependents and non-dependent children. (3) Subsidized premiums for such members, dependents, and non-dependent children. (d) Use of a Federally Funded Research and Development Center.--The Secretary may contract with a federally funded research and development center that is qualified and appropriate to conduct the study under subsection (a). (e) Briefing; Report.-- (1) Briefing.--If the Secretary conducts the study under subsection (a), not later than one year after the date of the enactment of this Act, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the methodology and approach of the study. (2) Report.--If the Secretary conducts the study under subsection (a), not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study. (f) Definitions.--In this section: (1) TRICARE dental program.--The term ``TRICARE dental program`` means dental benefits under section 1076a of title 10, United States Code. (2) TRICARE reserve select.--The term ``TRICARE Reserve Select`` means health benefits under section 1076d of such title. Subtitle B--Health Care Administration SEC. 721. IMPROVEMENTS TO ORGANIZATION OF MILITARY HEALTH SYSTEM. (a) Feasibility Study for Superseding Organization for Defense Health Agency.-- (1) Study and report required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense (referred to in this section as the ``Secretary``) shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on a study, conducted by the Secretary for purposes of the report, of the feasibility of and requirements for the establishment of a defense health and medical readiness command (referred to in this subsection as the ``command``) as a superseding organization to the Defense Health Agency. (2) Elements.--The report required under paragraph (1) shall include the following: (A) A description of the responsibilities of the commander of the command. (B) A description of any organizations that support the Defense Health Agency, such as the medical departments and medical logistics organizations of each military department. (C) A description of any authorities required for the leadership and direction of the command. (D) A description of the organizational structure of the command, including any subordinate commands. (E) A description of resourcing executive leadership of the command. (F) A description of the location or locations of headquarters elements of the command. (G) A description of how the current Defense Health Agency functions as a provider of optimally trained, clinically proficient health care professionals to support combatant commands. (H) A description of how the command may further serve as a provider of optimally trained, clinically proficient health care professionals to support combatant commands. (I) A description of the relationship of the command to the military departments, the combatant commands, and the Joint Staff. (J) A timeline for the establishment of the command. (K) A description of additional funding required to establish the command. (L) A description of any additional legislative action required for the establishment of the command. (M) Any other matters in connection with the establishment, operations, and activities of the command that the Secretary considers appropriate. (b) Establishment of Military Health System Education and Training Directorate.-- (1) Plan required.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to establish within the Defense Health Agency a subordinate organization, to be called the Military Health System Education and Training Directorate (referred to in this subsection as the ``Directorate``). (2) Elements.--The plan required under paragraph (1) shall include the following: (A) A description of any authorities required for the leadership and direction of the Directorate. (B) A description of the organizational structure of the Directorate, including any subordinate organizations. (C) A description of resourcing executive leadership of the Directorate. (D) A description of the location or locations of elements of the Directorate. (E) A description of the ability of the Directorate to address the training requirements of the military departments, the combatant commands, and the Joint Staff. (F) A description of additional funding required to establish the Directorate. (G) A description of any additional legislative action required for the establishment of the Directorate. (H) Any other matters in the connection with the establishment, operations, and activities of the Directorate that the Secretary considers appropriate. (3) Establishment.-- (A) In general.--Not later than one year after the submission of the plan required under paragraph (1), the Secretary shall establish the Directorate within the Defense Health Agency. [[Page S6106]] (B) Leadership.--The Directorate shall be led by the President of the Uniformed Services University of the Health Sciences. (C) Structure.--The Directorate shall be composed of the following: (i) The Medical Education and Training Campus. (ii) The College of Allied Health Sciences. (iii) The Uniformed Services University of the Health Sciences. (iv) The medical education and training commands and organizations of the military departments. (v) Training programs of military departments affiliated with civilian academic institutions. (vi) Such other elements, facilities, and commands of the Department of Defense as the Secretary considers appropriate. SEC. 722. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES IN REQUIREMENTS FOR MEDICAL CENTERS. Section 1073d(b)(3) of title 10, United States Code, is amended by striking ``or level two`` and inserting ``, level two, or level three`` SEC. 723. EXTENSION OF ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION AND ANNUAL REPORT REQUIREMENT. (a) In General.--The Secretary of Defense, acting through the Director of the Defense Health Agency, shall extend the duration of the Accountable Care Organization demonstration carried out by the Secretary, notice of which was published in the Federal Register on August 16, 2019 (84 Fed. Reg. 41974), (in this section referred to as the ``Demonstration``) through December 31, 2028. (b) Annual Report Required.-- (1) In general.--Not later than March 1 of each year during which the Demonstration is carried out, beginning in 2023, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that describes the conduct of the Demonstration for the one-year period preceding the date of the report. (2) Elements.--Each report submitted under paragraph (1) shall include the following: (A) A description of how the Demonstration delivered performance of better health, better care, and lower cost. (B) A description of the results of the Demonstration with respect to the following outcome measures: (i) Clinical performance. (ii) Utilization improvement. (iii) Beneficiary engagement. (iv) Membership growth and retention. (v) Case management. (vi) Continuity of care. (vii) Telehealth utilization. (C) A description of how the Demonstration shifted financial risk from the TRICARE program to health care providers. (D) A description of how investment in the Demonstration serves as a bridge to competitive demonstrations by the Department of Defense with accountable care organizations in the future. (E) A detailed description of locations for future competitive demonstrations by the Department with accountable care organizations. (3) TRICARE program defined.--In this subsection, the term ``TRICARE program`` has the meaning given that term in section 1072(7) of title 10, United States Code. SEC. 724. MODIFICATION OF REQUIREMENT TO TRANSFER PUBLIC HEALTH FUNCTIONS TO DEFENSE HEALTH AGENCY. (a) Temporary Retention of Public Health Functions.--At the determination of the Secretary of Defense, a military department may retain, until not later than September 30, 2023, a public health function that would otherwise become part of the Defense Health Agency Public Health under section 1073c(e)(2)(B) of title 10, United States Code, if such function-- (1) addresses a need that is unique to the military department; and (2) is in direct support of operating forces and necessary to execute strategies relating to national security and defense. (b) Report.-- (1) In general.--Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on public health functions that the Secretary has determined may be retained by a military department pursuant to subsection (a). (2) Elements.--The report required by paragraph (1) shall include the following: (A) A description of each public health function that the Secretary has determined may be retained by a military department pursuant to subsection (a). (B) The rationale for each such determination. (C) Recommendations for amendments to section 1073c of title 10, United States Code, to permit ongoing retention of public health functions by military departments. (c) Modification to Names of Public Health Commands.-- Section 1073c(e)(2)(B) of title 10, United States Code, is amended by striking ``Army Public Health Command, the Navy- Marine Corps Public Health Command`` and inserting ``Army Public Health Center, the Navy-Marine Corps Public Health Center``. SEC. 725. ESTABLISHMENT OF MILITARY HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE. (a) Plan Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to establish within the Defense Health Agency a subordinate organization to be called the Military Health System Medical Logistics Directorate (in this section referred to as the ``Directorate``). (b) Elements.--The plan required under subsection (a) shall include the following: (1) A description of any authorities required for the leadership and direction of the Directorate. (2) A description of the organizational structure of the Directorate, including any subordinate organizations, to include incorporation into the Directorate of existing organizations of the military departments that provide operational theater medical materiel support. (3) A description of resourcing by the Secretary of the executive leadership of the Directorate. (4) A description of the location or locations of elements of the Directorate. (5) A description of how the medical research and development organization within the Defense Health Agency will coordinate with the Directorate. (6) A description of the ability of the Directorate to address the medical logistics requirements of the military departments, the combatant commands, and the Joint Staff. (7) A description of additional funding required to establish the Directorate. (8) A description of any additional legislative action required for the establishment of the Directorate. (9) Any other matters in connection with the establishment, operations, and activities of the Directorate that the Secretary considers appropriate. (c) Establishment.--Not later than one year after the submission of the plan required under subsection (a), the Secretary shall establish the Directorate within the Defense Health Agency. SEC. 726. ESTABLISHMENT OF CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN THE MILITARY HEALTH SYSTEM. (a) Centers of Excellence.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish regional centers of excellence for the provision of military specialty care to eligible beneficiaries at existing major medical centers of the Department of Defense. (2) Satellite centers.--The Secretary may establish satellite centers of excellence to provide specialty care for certain conditions, such as-- (A) post-traumatic stress; (B) traumatic brain injury; and (C) such other conditions as the Secretary considers appropriate. (3) Readiness and improvement of care.--Centers of excellence established under this subsection shall-- (A) ensure the military medical force readiness of the Department and the medical readiness of the Armed Forces; (B) improve the quality of health care received by eligible beneficiaries from the Department; and (C) improve health outcomes for eligible beneficiaries. (b) Types of Centers of Excellence.-- (1) In general.--Centers of excellence shall be established under subsection (a) for the following areas of specialty care: (A) Oncology. (B) Burn injuries and wound care. (C) Rehabilitation medicine. (D) Psychological health and traumatic brain injury. (E) Amputations and prosthetics. (F) Neurosurgery. (G) Orthopedic care. (H) Substance abuse. (I) Transplants. (J) Cardiothoracic surgery. (K) Such other areas of specialty care as the Secretary considers appropriate to ensure the military medical force readiness of the Department and the medical readiness of the Armed Forces. (2) Multiple specialties.--A major medical center of the Department may be established as a center of excellence for more than one area of specialty care. (c) Primary Source for Specialty Care.-- (1) In general.--Centers of excellence established under subsection (a) shall be the primary source within the military health system for the receipt by eligible beneficiaries of specialty care. (2) Referral.--Eligible beneficiaries seeking specialty care services through the military health system shall be referred to a center of excellence established under subsection (a) or to an appropriate specialty care provider in the private sector if health care services at such a center are unavailable. (d) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that sets forth a plan for the Department to establish centers of excellence under this section. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A list of the centers of excellence to be established under this section and the locations of such centers. (B) A description of the specialty care services to be provided at each such center and a staffing plan for each such center. [[Page S6107]] (C) A description of how each such center will improve-- (i) the military medical force readiness of the Department and the medical readiness of the Armed Forces; (ii) the quality of care received by eligible beneficiaries; and (iii) the health outcomes of eligible beneficiaries. (D) A comprehensive plan to refer eligible beneficiaries for specialty care services at centers of excellence established under this section and centers of excellence in the private sector. (E) A plan to assist eligible beneficiaries with travel and lodging, if necessary, in connection with the receipt of specialty care services at centers of excellence established under this section or centers of excellence in the private sector. (F) A plan to transfer specialty care providers of the Department to centers of excellence established under this section, in a number as determined by the Secretary to be required to provide specialty care services to eligible beneficiaries at such centers. (G) A plan to monitor access to care, beneficiary satisfaction, experience of care, and clinical outcomes to understand better the impact of such centers on the health care of eligible beneficiaries. (e) Notification.--The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 90 days prior to the establishment of a center of excellence under this section. (f) Eligible Beneficiary Defined.--In this section, the term ``eligible beneficiary`` means a beneficiary under chapter 55 of title 10, United States Code. SEC. 727. REQUIREMENT TO ESTABLISH ACADEMIC HEALTH SYSTEM. Section 2113b(a) of title 10, United States Code, is amended by striking ``may`` and inserting ``shall``. SEC. 728. ADHERENCE TO POLICIES RELATING TO MILD TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER. Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall-- (1) direct the Secretary of the Navy and the Secretary of the Air Force to address inconsistencies between the policies of the Department of Defense, the Department of the Navy, and the Department of the Air Force relating to the training of members of the Armed Forces on the identification of symptoms of mild traumatic brain injury in deployed locations; and (2) ensure the Secretary of each military department routinely monitors the adherence of members of the Armed Forces under the jurisdiction of such Secretary to policies of the Department of Defense relating to post-traumatic stress disorder and traumatic brain injury, including policies related to-- (A) screening certain members of the Armed Forces for post- traumatic stress disorder and traumatic brain injury prior to any separation of such a member from the Armed Forces for misconduct; and (B) providing counseling to members of the Armed Forces during the process of such separation regarding services and benefits that may be provided by the Department of Veterans Affairs to members after such separation. SEC. 729. POLICY ON ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING DISABILITY EVALUATION. (a) In General.--Not later than April 1, 2023, the Secretary of Defense shall establish a policy to ensure accountability for actions taken under the authorities of the Defense Health Agency and the military departments concerning wounded, ill, and injured members of the Armed Forces during the integrated disability evaluation system process of the Department of Defense. (b) Elements.--The policy required by subsection (a) shall include the following: (1) A requirement that determination of fitness for duty under chapter 61 of title 10, United States Code, of a member of the Armed Forces falls under the jurisdiction of the Secretary of the military department concerned. (2) A requirement that medical evaluation provided under the authority of the Defense Health Agency shall-- (A) comply with applicable law and regulations of the Department of Defense; and (B) be considered by the Secretary of the military department concerned in determining fitness for duty under chapter 61 of such title. (3) A requirement that wounded, ill, and injured members of the Armed Forces shall not be denied the protections, privileges, or right to due process afforded under applicable law and regulations of the Department of Defense and the military department concerned. (c) Clarification of Responsibilities Regarding Medical Evaluation Boards.--Section 1073c of title 10, United States Code, is amended by-- (1) redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Authorities Reserved to the Secretaries of the Military Departments Concerning the Disability Evaluation System.-- ``(1) In general.--Notwithstanding the responsibilities and authorities of the Director of the Defense Health Agency with respect to the administration of military medical treatment facilities as set forth in this section, including medical evaluations of members of the armed forces, the Secretary of each military department shall maintain personnel authority over and responsibility for any member of the armed forces under the jurisdiction of the Secretary concerned while the member is being considered by a medical evaluation board. ``(2) Responsibility described.--The responsibility of the Secretary of a military department described in paragraph (1) shall include the following: ``(A) Responsibility for administering the morale and welfare of members of the armed forces under the jurisdiction of the Secretary concerned. ``(B) Responsibility for determinations of fitness for duty of such members under chapter 61 of this title.``. Subtitle C--Reports and Other Matters SEC. 741. THREE-YEAR EXTENSION OF AUTHORITY TO CONTINUE DOD- VA HEALTH CARE SHARING INCENTIVE FUND. Section 8111(d)(3) of title 38, United States Code, is amended by striking ``September 30, 2023`` and inserting ``September 30, 2026``. SEC. 742. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND. Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as most recently amended by section 715 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81), is amended by striking ``September 30, 2023`` and inserting ``September 30, 2024``. SEC. 743. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE OPIOID MANAGEMENT IN THE MILITARY HEALTH SYSTEM. Section 716 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1090 note), is amended-- (1) in subsection (a)(1), by striking ``Beginning not`` and inserting ``Except as provided in subsection (e), beginning not``; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection (e): ``(e) Alternative Initiative to Improve Opioid Management.--As an alternative to the pilot program under this section, the Director of the Defense Health Agency, not later than January 1, 2023-- ``(1) may implement a permanent program to improve opioid management for beneficiaries under the TRICARE program; and ``(2) if the Director decides to implement such a permanent program, shall submit to the Committees on Armed Services of the Senate and the House of Representatives the specifications of and reasons for implementing such program.``. SEC. 744. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION AUTHORITY FOR INDEPENDENT SUICIDE PREVENTION AND RESPONSE REVIEW COMMITTEE. Section 738 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1801) is amended-- (1) in subsection (b)(3), by inserting ``(except for a former member of an Armed Force)`` after ``Armed Force``; (2) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and (3) by inserting after subsection (e) the following new subsection (f): ``(f) Compensation.-- ``(1) In general.--The Secretary may compensate members of the committee established under subsection (a) for the work of such members for the committee. ``(2) 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).``. SEC. 745. TERMINATION OF VETERANS` ADVISORY BOARD ON RADIATION DOSE RECONSTRUCTION. Section 601 of the Veterans Benefit Act of 2003 (Public Law 108-183; 38 U.S.C. 1154 note) is amended-- (1) in subsection (b), by striking ``, including the establishment of the advisory board required by subsection (c)``; and (2) by striking subsection (c). SEC. 746. SCHOLARSHIP-FOR-SERVICE PILOT PROGRAM FOR CIVILIAN BEHAVIORAL HEALTH PROVIDERS. (a) In General.--Commencing not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which-- (1) the Secretary may provide-- (A) scholarships to cover tuition and related fees at an institution of higher education to an individual enrolled in a program of study leading to a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and (B) student loan repayment assistance to a credentialed behavioral health provider who has a graduate degree in clinical psychology, social work, counseling, or a related field (as determined by the Secretary); and [[Page S6108]] (2) in exchange for such assistance, the recipient shall commit to work as a covered civilian behavioral health provider in the direct care component of the military health system in accordance with subsection (c). (b) Duration.--The Secretary of Defense shall carry out the pilot program under subsection (a) during the 10-year period beginning on the commencement of the pilot program. (c) Post-award Employment Obligations.-- (1) In general.--Subject to paragraph (2), as a condition of receiving assistance under subsection (a), the recipient of such assistance shall enter into an agreement with the Secretary of Defense pursuant to which the recipient agrees to work on a full-time basis as a covered civilian behavioral health provider in the direct care component of the military health system for a period that is at least equivalent to the period during which the recipient received assistance under such paragraph. (2) Other terms and conditions.--An agreement entered into pursuant to paragraph (1) may include such other terms and conditions as the Secretary of Defense may determine necessary to protect the interests of the United States or otherwise appropriate for purposes of this section, including terms and conditions providing for limited exceptions from the post-award employment obligation specified in such subparagraph. (d) Repayment.-- (1) In general.--An individual who receives assistance under subsection (a) and does not complete the employment obligation required under the agreement entered into pursuant to subsection (c) shall repay to the Secretary of Defense a prorated portion of the financial assistance received by the individual under subsection (a). (2) Determination of amount.--The amount of any repayment required under paragraph (1) shall be determined by the Secretary. (e) Implementation Plan.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a plan for the implementation of this section. (f) Reports.-- (1) In general.--Not later than each of one year, five years, and nine years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report on the pilot program. (2) Elements.--Each report under paragraph (1) shall include, with respect to the pilot program under subsection (a), the following: (A) The number of students receiving scholarships under the pilot program. (B) The locations of such students. (C) The amount of total scholarship money expended per academic school year under the pilot program. (D) The average scholarship amount per student under the pilot program. (E) The number of students hired as behavioral health providers by the Department of Defense under the pilot program. (F) Any recommendations for terminating the pilot program, extending the pilot program, or making the pilot program permanent. (g) Definitions.--In this section: (1) Behavioral health.--The term ``behavioral health`` includes psychiatry, clinical psychology, social work, counseling, and related fields. (2) Civilian behavioral health provider.--The term ``civilian behavioral health provider`` means a behavioral health provider who is a civilian employee of the Department of Defense. (3) Covered civilian behavioral health provider.--The term ``covered civilian behavioral health provider`` means a civilian behavioral health provider whose employment by the Secretary of Defense involves the provision of behavioral health services at a military medical treatment facility. (4) Institution of higher education.--The term ``institution of higher education`` has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). SEC. 747. EXPANSION OF EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT TO INCLUDE MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY AND OTHER INDIVIDUALS RECEIVING CARE AT MILITARY MEDICAL TREATMENT FACILITIES. Section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1073 note) is amended-- (1) in subsection (a), by inserting ``, including coverage of such providers at military medical treatment facilities`` before the period at the end; (2) in subsection (c), by striking ``covered beneficiaries`` and inserting ``covered individuals``; (3) in subsection (f)(2), by striking ``covered beneficiaries`` each place it appears and inserting ``covered individuals``; and (4) in subsection (h)-- (A) by amending paragraph (1) to read as follows: ``(1) The term `covered individual` means a beneficiary under chapter 55 of title 10, United States Code.``; and (B) by adding at the end the following paragraph: ``(3) The term `TRICARE program` has the meaning given that term in section 1072 of title 10, United States Code.``. SEC. 748. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE THROUGH USE OF OTHER TRANSACTION AUTHORITY. (a) In General.--Section 1092(b) of title 10, United States Code, is amended by inserting ``or transactions (other than contracts, cooperative agreements, and grants)`` after ``contracts``. (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on how the Secretary intends to use the authority to enter into transactions under section 1092(b) of title 10, United States Code, as amended by subsection (a). SEC. 749. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND OTHER ENVIRONMENTAL HAZARDS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall-- (1) conduct a capability assessment of potential improvements to activities of the Department of Defense to reduce the effects of environmental exposures with respect to members of the Armed Forces; and (2) develop an action plan to implement such improvements assessed under paragraph (1) as the Secretary considers appropriate. (b) Elements.--The capability assessment required by subsection (a)(1) shall include the following elements: (1) With respect to the conduct of periodic health assessments, the following: (A) An assessment of the feasibility and advisability of adding additional screening questions relating to environmental and occupational exposures to current health assessments of members of the Armed Forces conducted by the Department of Defense, including pre- and post-deployment assessments and pre-separation assessments. (B) An assessment of the potential value and feasibility of regularly requiring spirometry or other pulmonary function testing pre- and post-deployment for all members, or selected members, of the Armed Forces. (2) With respect to the conduct of outreach and education, the following: (A) An evaluation of clinician training on the health effects of airborne hazards and how to document exposure information in health records maintained by the Department of Defense and the Department of Veterans Affairs. (B) An assessment of the adequacy of current actions by the Secretary of Defense and the Secretary of Veterans Affairs to increase awareness among members of the Armed Forces and veterans of the purposes and uses of the Airborne Hazards and Open Burn Pit Registry and the effect of a potential requirement that individuals meeting applicable criteria be automatically enrolled in the registry unless they opt out of enrollment. (C) An assessment of operational plans for deployment with respect to the adequacy of educational activities for and evaluations of performance of command authorities, medical personnel, and members of the Armed Forces on deployment on anticipated environmental exposures and potential means to minimize and mitigate any adverse health effects of such exposures, including through the use of monitoring, personal protective equipment, and medical responses. (D) An evaluation of potential means to improve the education of health care providers of the Department of Defense with respect to the diagnosis and treatment of health conditions associated with environmental exposures. (3) With respect to monitoring of exposure during deployment operations, the following: (A) An evaluation of potential means to strengthen tactics, techniques, and procedures used in deployment operations to document-- (i) specific locations where members of the Armed Forces served; (ii) environmental exposures in such locations; and (iii) any munitions involved during such service in such locations. (B) An assessment of potential improvements in the acquisition and use of wearable monitoring technology and remote sensing capabilities to record environmental exposures by geographic location. (C) An analysis of the potential value and feasibility of maintaining a repository of frozen soil samples from each deployment location to be later tested as needed when concerns relating to environmental exposures are identified. (4) With respect to the use of the Individual Longitudinal Exposure Record (referred to in this paragraph as ``ILER``), the following: (A) An assessment of feasibility and advisability of recording individual clinical diagnosis and treatment information in ILER to be integrated with exposure data. (B) An evaluation of-- (i) the progress toward making ILER operationally capable and accessible to members of the Armed Forces and veterans by 2023; and (ii) the integration of ILER data with the electronic health records of the Department [[Page S6109]] of Defense and the Department of Veterans Affairs. (C) An assessment of the feasibility and advisability of making ILER data accessible to the surviving family members of members of the Armed Forces and veterans. (5) With respect to the conduct of research, the following: (A) An assessment of the potential use of the Airborne Hazards and Open Burn Pit Registry for research on monitoring and identifying the health consequences of exposure to open burn pits. (B) An analysis of options for increasing the amount and the relevance of additional research into the health effects of open burn pits and effective treatments for such health effects. (C) An evaluation of potential research of biomarker monitoring to document environmental exposures during deployment or throughout the military career of a member of the Armed Forces. (D) An analysis of potential organizational strengthening with respect to the management of research on environmental exposure hazards, including the establishment of a joint program executive office for such management. (E) An assessment of the findings and recommendations of the 2020 report entitled ``Respiratory Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations`` by the National Academies of Science, Engineering, and Medicine. (6) An evaluation of such other matters as the Secretary determines appropriate to ensure a comprehensive review of activities relating to the effects of exposure to open burn pits and other environmental hazards. (c) Submission of Plan and Report.--Not later than 240 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives-- (1) the action plan required by subsection (a)(2); and (2) a report on the results of the capability assessment required by subsection (a)(1). (d) Definitions.--In this section: (1) Airborne hazards and open burn pit registry.--The term ``Airborne Hazards and Open Burn Pit Registry`` means the registry established under section 201 of the Dignified Burial and Other Veterans` Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). (2) Environmental exposures.--The term ``environmental exposures`` means exposure to open burn pits and other environmental hazards as the Secretary determines. (3) Open burn pit.--The term ``open burn pit`` has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans` Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). SEC. 750. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM. Section 737 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1800) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (A)-- (i) by inserting ``broadly`` after ``disorder``; and (ii) by striking ``demonstration project`` and inserting ``demonstration program`` (B) in subparagraph (B), by striking ``demonstration project`` and inserting ``demonstration program``; (C) in subparagraph (C), by inserting ``parental involvement in applied behavioral analysis treatment, and`` after ``including``; (D) in subparagraph (D), by striking ``for an individual who has`` and inserting ``, including mental health outcomes, for individuals who have``; (E) in subparagraph (E), by inserting ``since its inception`` after ``demonstration program``; (F) in subparagraph (F), by inserting ``cost effectiveness, program effectiveness, and clinical`` after ``measure the``; (G) in subparagraph (G), by inserting ``than in the general population`` after ``families``; (H) by redesignating subparagraph (H) as subparagraph (I); and (I) by inserting after subparagraph (G) the following new subparagraph (H): ``(H) An analysis of whether the diagnosis and treatment of autism is higher among the children of military families than in the general population.``; and (2) in subsection (c), in the matter preceding paragraph (1), by striking ``nine`` and inserting ``31``. SEC. 751. REPORT ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE ARMED FORCES. (a) In General.--Not later than March 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of implementing the following reforms related to suicide prevention among members of the Armed Forces: (1) Eliminating mental health history as a disqualifier for service in the Armed Forces, including eliminating restrictions related to mental health history that are specific to military occupational specialties. (2) Requiring comprehensive in-person annual mental health assessments of members of the Armed Forces. (3) Requiring behavioral health providers under the TRICARE program, including providers contracted through such program, to undergo evidence-based and suicide-specific training. (4) Requiring leaders at all levels of the Armed Forces to be trained on the following: (A) Total wellness. (B) Suicide warning signs and risk factors. (C) Evidence-based, suicide-specific interventions. (D) Effectively communicating with medical and behavioral health providers. (E) Communicating with family members, including extended family members who are not co-located with a member of the Armed Forces, on support and access to resources for members of the Armed Forces and their dependents. (5) Requiring mandatory referral to Warriors in Transition programs or transitional programs for members of the Armed Forces who are eligible for such programs. (b) Definitions.--In this section-- (1) TRICARE program.--The term ``TRICARE program`` has the meaning given that term in section 1072(7) of title 10, United States Code. (2) Warriors in transition program.-- The term ``Warriors in Transition program`` has the meaning given that term in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note). SEC. 752. REPORT ON BEHAVIORAL HEALTH WORKFORCE AND PLAN TO ADDRESS SHORTFALLS IN PROVIDERS. (a) Report on Behavioral Health Workforce.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an analysis of the behavioral health workforce under the direct care component of the military health system and submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of such analysis. (2) Elements.--The report required under paragraph (1) shall include, with respect to the workforce specified in such paragraph, the following: (A) The number of positions authorized for military behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (B) The number of positions authorized for civilian behavioral health providers within such workforce, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (C) For each military department, the ratio of military behavioral health providers assigned to military medical treatment facilities compared to civilian behavioral health providers so assigned, disaggregated by the professions described in paragraph (3). (D) For each military department, the number of military behavioral health providers authorized to be embedded within an operational unit, and the number of such positions filled, disaggregated by the professions described in paragraph (3). (E) Data on the historical demand for behavioral health services by members of the Armed Forces. (F) An estimate of the number of health care providers necessary to meet the demand by such members for behavioral health services under the direct care component of the military health system, disaggregated by provider type. (G) An identification of any shortfall between the estimated number under subparagraph (F) and the total number of positions for behavioral health providers filled within such workforce. (H) Such other information as the Secretary may determine appropriate. (3) Provider types.--The professions described in this paragraph are as follows: (A) Clinical psychologists. (B) Social workers. (C) Counselors. (D) Such other professions as the Secretary may determine appropriate. (b) Plan to Address Shortfalls in Behavioral Health Workforce.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to address any shortfall of the behavioral health workforce identified under subsection (a)(2)(G). (2) Elements.--The plan required by paragraph (1) shall-- (A) address, with respect to any shortfall of military behavioral health providers (addressed separately with respect to such providers assigned to military medical treatment facilities and such providers assigned to be embedded within operational units)-- (i) recruitment; (ii) accession; (iii) retention; (iv) special pay and other aspects of compensation; (v) workload; (vi) the role of the Uniformed Services University of the Health Sciences and the Armed Forces Health Professions Scholarship Program under chapter 105 of title 10, United States Code; (vii) any additional authorities or resources necessary for the Secretary to increase the number of such providers; and (viii) such other considerations as the Secretary may consider appropriate; (B) address, with respect to any shortfall of civilian behavioral health providers-- (i) recruitment; [[Page S6110]] (ii) hiring; (iii) retention; (iv) pay and benefits; (v) workload; (vi) educational scholarship programs; (vii) any additional authorities or resources necessary for the Secretary to increase the number of such providers; and (viii) such other considerations as the Secretary may consider appropriate; (C) recommend whether the number of military behavioral health providers in each military department should be increased, and if so, by how many; (D) include a plan to expand access to behavioral health services under the military health system through the use of telehealth; (E) include a plan by each military department to allocate additional uniformed mental health providers in military medical treatment facilities at remote installations; and (F) assess the feasibility of hiring civilian mental health providers at remote installations to augment the provision of mental health care services by uniformed mental health providers. (c) Definitions.--In this section: (1) Behavioral health.--The term ``behavioral health`` includes psychiatry, clinical psychology, social work, counseling, and related fields. (2) Civilian behavioral health provider.--The term ``civilian behavioral health provider`` means a behavioral health provider who is a civilian employee of the Department of Defense. (3) Military behavioral health provider.--The term ``military behavioral health provider`` means a behavioral health provider who is a member of the Armed Forces. (4) Uniformed services university of the health sciences.-- The term ``Uniformed Services University of the Health Sciences`` means the university established under section 2112 of title 10, United States Code. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A--Acquisition Policy and Management SEC. 801. MODIFICATIONS TO MIDDLE TIER ACQUISITION AUTHORITY. Section 804 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 321 note prec.) is amended by adding at the end the following new subsection: ``(e) Acquisition Planning.--Within one year of a program being designated as either a rapid prototyping or rapid fielding program, as defined by this section, the component acquisition executive concerned shall approve an acquisition plan that includes-- ``(1) the potential transition pathway or pathways to an existing or planned program of record; ``(2) a life-cycle cost estimate; and ``(3) a test plan to verify desired performance goals.``. SEC. 802. EXTENSION OF DEFENSE MODERNIZATION ACCOUNT AUTHORITY. Section 3136 of title 10, United States Code, as transferred by section 1809(g)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4161), is amended by striking subsection (j). SEC. 803. PROHIBITION ON CERTAIN PROCUREMENTS OF MAJOR DEFENSE ACQUISITION PROGRAMS. (a) Prohibition on Procurement.--The Secretary of Defense may not enter into, extend, or renew a contract to procure any major defense acquisition program that contains covered items. (b) Certification Required.--The Secretary of Defense shall include in any solicitation for contract proposals, extensions, or renewals a requirement for prime contractors to certify compliance with subsection (a) based on the prime contractor`s performance of vendor verification of all suppliers or potential suppliers in all tiers of such prime contractor`s supply chain. (c) Waiver Authority.--The Secretary may, on a one-time basis, waive the requirements under subsection (a) with respect to a prime contractor that requests such a waiver. The waiver may be provided, for a period of not more than five years after the effective date described in subsection (d), if the prime contractor seeking the waiver-- (1) provides a sufficient justification for the additional time to implement the requirements under such subsection, as determined by the Secretary; and (2) submits to the Secretary, who shall not later than 30 days thereafter submit to the congressional defense committees, a full and complete laydown of the presence of covered items in the prime contractor`s supply chain and a phase-out plan to eliminate such covered items from the entity`s systems. (d) Effective Date.--Subsections (a), (b), and (c) shall take effect one year after the date of the enactment of this Act. (e) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to implement this section. (f) Definitions.--In this section: (1) Covered foreign country.--The term ``covered foreign country`` means the People`s Republic of China. (2) Covered items.--The term ``covered item`` means an item produced or provided by an entity-- (A) owned or controlled by the government of a covered foreign country; or (B) where the place of performance is in a covered foreign country. (3) Major defense acquisition program.--The term ``major defense acquisition program`` has the meaning given the term in section 4201 of title 10, United States Code. SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED UNDER SPECIFIED HIGH-PRIORITY CIRCUMSTANCES. (a) Revision and Codification of Rapid Acquisition Authority.--Chapter 253 of part V of title 10, United States Code, is amended to read as follows: ``CHAPTER 253--RAPID ACQUISITION PROCEDURES ``Sec. ``3601. Procedures for urgent acquisition and deployment of capability needed in response to urgent operational needs or vital national security interest. ``Sec. 3601. Procedures for urgent acquisition and deployment of capability 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 capability 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. 321 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 capability 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 performance 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. 321 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 [[Page S6111]] 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 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 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 official to waive any provision of law or regulation described in subsection (d) that such official determines in writing would unnecessarily impede the urgent acquisition and deployment of the needed capability. In a case in which the needed 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) In any fiscal year in which the Secretary makes a determination described in subparagraph (A), (B), or (C) of paragraph (1), 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 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, the use of funds is limited as follows: ``(i) When operation and maintenance (O&M) funds are utilized as a source, special O&M funds established for a dedicated or proscribed purpose may not be used. ``(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 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 or Deputy Secretary of Defense. ``(d) Authority to Waive Certain Laws and Regulations.-- ``(1) Authority.--The Secretary or Deputy Secretary of Defense, for a capability required to address the needs described in subsection (c)(1) or, upon a determination described in subsection (c)(1), and the senior official designated in accordance with subsection (c)(2), with respect to that designation, is authorized to 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 performance and evaluating the current operational 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 may not include a requirement for any deficiency of capability identified in the operational assessment to be the determining factor in deciding whether to deploy the capability. ``(3) Director of operational test and evaluation access.-- If a capability is deployed under the procedures prescribed pursuant to this section, or under any other authority, before operational test and evaluation of the capability is completed, the Director of Operational Test and Evaluation shall have access to operational records and data relevant to such capability in accordance with section 139(e)(3) of this title for the purpose of completing operational test and evaluation of the capability. Such access shall be provided in a time and manner determined by the Secretary of Defense consistent with requirements of operational security and other relevant operational requirements.``. (b) Clerical Amendment.--The table of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, are each amended by striking the item relating to chapter 253 and inserting the following: ``253. Rapid Acquisition Procedures............................3601.... (c) Conforming Repeals.--The following provisions of law are repealed: (1) Section 804 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383). (2) Section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314). SEC. 805. ACQUISITION REPORTING SYSTEM. (a) In General.--The Secretary of Defense shall institute a defense acquisition reporting system to replace the requirements of section 4351 of title 10, United States Code, as soon as practicable but not later than June 30, 2023. (b) Elements.--The reporting system required under subsection (a) may include such elements as determined by the Secretary to support the acquisition information reporting needs of the Department, and at a minimum shall-- (1) continue to produce the information necessary to carry out the actions specified in chapter 325 of title 10, United States Code; (2) continue to produce the information necessary to carry out the actions specified in sections 4217 and 4311 of the Atomic Energy Defense Act (50 U.S.C. 2537, 2577); (3) incorporate the findings of section 805 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81); and (4) provide the congressional defense committees and other designated Government entities with access to updated acquisition reporting on a not less than quarterly basis. [[Page S6112]] SEC. 806. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH REQUESTS FOR MULTIYEAR PROCUREMENT AUTHORITY FOR LARGE DEFENSE ACQUISITIONS. Section 3501(i)(2) of title 10, United States Code, is amended-- (1) by striking ``shall include in the request the following:`` and all that follows through ``(A) A report`` and inserting ``shall include in the request a report``; and (2) by striking subparagraph (B). SEC. 807. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE PRODUCTION ACT PROGRAM. Section 226 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1335) is amended-- (1) in subsection (a), by striking ``The Secretary`` and inserting ``Except as provided for under subsection (e), the Secretary``; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: ``(e) Designation of Other Executive Agents.--The Secretary of Defense may designate other Executive Agents within the Department to implement Defense Production Act transactions entered into under the authority of sections 4002, 4003 and 4004 of title 10, United States Code.``. SEC. 808. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION PROGRAMS AND RELATED EFFORTS. (a) In General.--Section 3072 of title 10, United States Code, is amended-- (1) in the section heading, by striking ``initiatives`` and inserting ``efforts``; (2) by striking ``initiatives`` each place it appears and inserting ``efforts``; (3) in subsection (a), by striking ``through 2023`` and inserting ``through 2026``; and (4) in subsection (c), in the subsection heading, by striking ``Initiatives`` and inserting ``Efforts``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 203 of title 10, United States Code, is amended in the item relating to section 3072 by striking ``initiatives`` and inserting ``efforts``. Subtitle B--Amendments to General Contracting Authorities, Procedures, and Limitations SEC. 821. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDER MANDATES. (a) In General.--Section 3862 of title 10, United States Code, is amended-- (1) in the section heading, by striking ``: certification``; (2) by redesignating subsection (c) as subsection (d); (3) by inserting after subsection (b) the following new subsection: ``(c) Treatment of Certain Clauses Implementing Executive Order Mandates.--(1) The insertion of a covered clause into an existing Department of Defense contract, order, or other transaction shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contractual instrument. ``(2) In this subsection, the term `covered clause` means any clause implementing the requirements of an Executive order issued by the President.``; and (4) in subsection (d), as redesignated by paragraph (2)-- (A) in the subsection heading, by striking ``Definition`` and inserting ``Definitions``; (B) by striking ``section, the term`` and inserting the following: ``section: ``(1) The term``; and (C) by adding at the end the following new paragraph: ``(2) The term `Changes clause` means the clause described in part 52.243-4 of the Federal Acquisition Regulation or any successor regulation.``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 281 of title 10, United States Code, is amended by striking the item relating to section 3862 and inserting the following: ``3862. Requests for equitable adjustment or other relief. (c) Conforming Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with the amendments to section 3862 of title 10, United States Code, made by subsection (a). (d) Conforming Policy Guidance.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise applicable policy guidance on other transactions to conform with the amendments to section 3862 of title 10, United States Code, made by subsection (a). SEC. 822. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR MAJOR WEAPON SYSTEMS. (a) Amendments Relating to Subsystems of Major Weapons Systems.--Section 3455(b) of title 10, United States Code is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (2) by inserting ``(1)`` before ``A subsystem of a major weapon system``; and (3) by adding at the end the following new paragraph: ``(2) For subsystems proposed as commercial as defined in section 103(1) of title 41 and that have not been previously determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the `of a type` assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed `of a type` product and the comparable commercial product in support of the `of a type` assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government`s requirement, if one is assigned.``. (b) Amendments Relating to Components and Spare Parts.-- Section 3455(c) of such title is amended-- (1) by redesignating paragraph (2) as paragraph (3); (2) by inserting after paragraph (1) the following new paragraph (2): ``(2) For components or spare parts proposed as commercial as defined in section 103(1) of title 41 and that have not previously been determined commercial in accordance with section 3703(d) of this title, the offeror shall be required to identify the comparable commercial product that is customarily used by the general public or non-governmental entities that serves as the basis for the `of a type` assertion. The offeror shall submit a comparison of the essential physical characteristics and functionality between the proposed `of a type` product and the comparable commercial product in support of the `of a type` assertion. The offeror shall also provide the National Stock Numbers for both the comparable commercial product used by the general public, if one is assigned, and the product proposed to meet the Government`s requirement, if one is assigned.``; and (3) in paragraph (3), as so redesignated-- (A) by striking ``only``; and (B) by striking ``on which the prime contractor adds no, or negligible, value``. (c) Amendments Relating to Information Submitted.--Section 3455(d) of such title is amended-- (1) in the subsection heading, by inserting after ``Submitted`` the following: ``for Procurements That Are Not Covered by the Exceptions in Section 3703(a)(1) of This Title``; (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``the contracting officer shall require the offeror to submit--`` and inserting ``the offeror shall be required, on an unredacted basis, to submit to the contracting officer or provide access to--``; (B) in subparagraph (A)-- (i) by inserting ``all`` before ``prices paid``; and (ii) by inserting ``, and the terms and conditions,`` after ``terms and conditions``; (C) in subparagraph (B)-- (i) by striking clauses (ii), (iii), and (iv); and (ii) by striking ``information on--`` and all that follows through ``terms and conditions;`` and inserting ``information on all prices for the same or similar items sold under different terms and conditions, and the terms and conditions; and``; and (D) in subparagraph (C), by inserting after ``reasonableness of price`` the following: ``because either the comparable products provided by the offeror are not a valid basis for a price analysis or the contracting officer determines the proposed price is not reasonable after evaluating sales data``; and (3) by adding at the end the following new paragraph: ``(4) A request for cost data under paragraph (1)(C) must be approved at a level above the contracting officer.``. SEC. 823. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND ENGINEERING SERVICES. Section 3406 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Architectural and Engineering Services.--(1) 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) When issuing a task or delivery orders for architectural and engineering services under a multiple award contract, the head of an agency shall not routinely request additional information from contractors, but may request additional information or conduct discussions with contractors when available information is insufficient, in order to determine the most highly qualified contractor to perform the work in accordance with chapter 11 of title 40.``. SEC. 824. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS. Section 883 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 4292 note prec.) is amended-- (1) in subsection (a), by striking ``six-year pilot program`` and inserting ``seven-year pilot program``; and (2) in subsection (g), by striking ``six years`` and inserting ``seven years``. SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING PROCESSES. Section 890(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2306a note) is amended by striking ``January 2, 2023`` and inserting ``January 2, 2024``. [[Page S6113]] SEC. 826. EXTENSION OF NEVER CONTRACT WITH THE ENEMY. Section 841(n) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3455) is amended by striking ``December 31, 2023`` and inserting ``December 31, 2025``. SEC. 827. PROGRESS PAYMENT INCENTIVE PILOT. (a) Pilot Program.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish and implement a pilot program, to be known as the ``Progress Payment Incentive Pilot Program``, to make accelerated progress payments contingent upon responsiveness to Department of Defense goals for effectiveness, efficiency, and increasing small business contract opportunities. (b) Purpose.--The purpose of the pilot program is to reward Department of Defense contractors who meet contract delivery dates, respond to Department solicitations for required certified cost or pricing data, meet small business contracting goals, and provide subcontracting opportunities for AbilityOne contracts. (c) Progress Payments.-- (1) Limitations for large contractors.--Except as provided under paragraph (2), under the pilot program, the Department of Defense may not award to large business contractors progress payments in excess of 50 percent. (2) Exceptions.--The Department of Defense may increase the rate of progress payments, up to a total of 95 percent, by the following percentages: (A) 10 percent if the relevant division of the contractor met contract delivery dates for contract end items and contract data requirement lists or performance milestone schedule, as the case may be, at least 95 percent of the time during the preceding Government fiscal year. (B) 10 percent if the division does not have open level III or IV corrective action requests. (C) 10 percent if all applicable contractor business systems are acceptable, without significant deficiencies. (D) 7.5 percent if at least 95 percent of the time during the preceding Government fiscal year, when responding to solicitations that required submission of certified cost or pricing data, the division met the due date in the request for proposal. (E) 5 percent if the contractor has met its small business subcontracting goals during the preceding Government fiscal year. (F) 2.5 percent if the contractor has provided subcontracting opportunities for the blind and severely disabled. (d) Sunset.--The authority to make accelerated payments under the pilot program shall terminate on the date that is four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023. (e) Definitions.--In this section: (1) Large defense contractor.--The term ``large defense contractor`` means a contractor (other than an institution of higher education or a federally funded research and development center) that received more than $10,000,000 in annual revenue from the Department of Defense contracts or licenses in any of the previous three years. (2) Progress payments.--The term ``progress payments`` means payments provided for under section 3804 of title 10, United States Code. SEC. 828. REPORT ON DEPARTMENT OF DEFENSE STRATEGIC CAPABILITIES OFFICE CONTRACTING CAPABILITIES. (a) Report Required.--Not later than March 1, 2023, the Secretary of Defense, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and the Director of the Strategic Capabilities Office (SCO), shall submit to the congressional defense committees a report on the adequacy of SCO contracting authorities. (b) Elements.--The report required under subsection (a) shall include-- (1) a summary of the existing authorities of the SCO, including the mechanisms for contracting in support of existing programs; (2) an assessment of the average amount of time needed to conduct contracting actions through current mechanisms described in paragraph (1); (3) an assessment of the pros and cons of the current contracting processes for SCO in relation to their ability to rapidly develop and deploy technology in support of Department of Defense operational units; (4) an assessment of the type or types of contracting authority that would be most beneficial to the SCO in carrying out its mission in order to achieve desired speed and scale for the organization, including any limits or oversight measures that should be put into place; (5) an assessment of structural changes that may be needed in order to accommodate the preferred contracting approach for SCO; and (6) the Secretary of Defense`s recommendations for future authorities for the SCO. Subtitle C--Industrial Base Matters SEC. 841. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY. (a) Analysis Required.-- (1) In general.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under subpart I of part V of subtitle A of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including-- (A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to-- (i) suppliers in the United States; (ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United States Code); (iii) suppliers in other allied nations; or (iv) other suppliers; (B) increasing investment through use of research and development or procurement activities and acquisition authorities to-- (i) expand production capacity; (ii) diversify sources of supply; or (iii) promote alternative approaches for addressing military requirements; (C) prohibiting procurement from selected sources or nations; (D) taking a combination of actions described under subparagraphs (A), (B), and (C); or (E) taking no action. (2) Considerations.--The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services. (b) Reporting on Analyses, Recommendations, and Actions.-- (1) Interim brief.--Not later than January 15, 2024, the Secretary of Defense shall submit to the congressional defense committees-- (A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a); (B) relevant recommendations resulting from the analyses; and (C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions. (2) Reporting.--The Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following submitted during the 2024 calendar year: (A) The annual or quarterly reports to Congress required under section 4814 of title 10, United States Code. (B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 of such title. (C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) of such title. (D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 of such title. (E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 of such title. (F) Industrial base or acquisition policy changes. (G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives not less frequently than once per fiscal year. (H) Other actions as the Secretary of Defense determines appropriate. (c) List of Goods and Services for Analyses, Recommendations, and Actions.--The items described in this subsection are the following: (1) Solar components for satellites. (2) Satellite ground station service contracts. SEC. 842. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS OTHER THAN UNITED STATES GOODS. Section 4864 of title 10, United States Code, is amended by inserting after subsection (j) the following new subsection: ``(k) Periodic Review Requirement.-- ``(1) Required determination.--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 make and submit to the congressional defense committees a written determination with 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.--The review required under paragraph (1) shall include the following elements for the most recent five-year period: ``(A) The criticality of the item 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 determination required under paragraph (1) shall also include the findings of the review conducted under [[Page S6114]] such paragraph and other key justifications for the determination.``. SEC. 843. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR INDUSTRIAL MOBILIZATION AND SUPPLY CHAIN MANAGEMENT. (a) Demonstration Exercise Required.--Not later than December 31, 2024, the Secretary of Defense shall conduct a demonstration exercise of industrial mobilization and supply chain management planning capabilities in support of an operational or contingency plan use case, as selected in consultation with the Chairman of the Joint Chiefs of Staff and the Under Secretary of Defense for Acquisition and Sustainment. The demonstration exercise shall identify a current program that is both fielded and still in production from each military service, Defense Agency, and Department of Defense Field Activity in order to model a notional plan for mobilization or supply chain management, as associated with the selected operational or contingency plan. (b) Elements.--The demonstration exercise required under subsection (a) shall include the following elements: (1) The exercise of processes and authorities that support the Department for industrial mobilization in support of declared hostilities or other contingency operations. (2) The identification of process improvements or gaps in resources, capabilities, or authorities that require remediation, including those related to government or contractor production facilities, tooling, or workforce development. (3) The implementation of analytical tools and processes to monitor and assess the health of the industrial base and use near real-time data and visualization capabilities in making production and distribution decisions, with an emphasis on identifying, assessing, and demonstrating commercially available tools. (4) The establishment and tracking of goals and metrics to support institutionalization of defense industrial base health assessment and planning. (c) Briefing Required.--Not later than November 1, 2023, the Secretary shall provide to the congressional defense committees an interim briefing on the demonstration exercise required under subsection (a), including-- (1) an identification of the programs and use cases to be demonstrated; (2) a description of methodology for executing the demonstration exercise, including analytical tools or metrics identified to support the process; and (3) any preliminary findings. (d) Assessment.--Not later than March 1, 2025, the Secretary shall submit to the congressional defense committees a final assessment report of the demonstration exercise, including a description of-- (1) the use cases considered in this demonstration exercise; (2) the elements required under subsection (b); (3) outcomes and conclusions; (4) lessons learned; and (5) any recommendations for legislative action that may be required as a result. (e) Definitions.--In this section, the terms ``military department``, ``Defense Agency``, and Defense Field Activity`` have the meanings given those terms in section 101 of title 10, United States Code. SEC. 844. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH ELEMENTS AND STRATEGIC AND CRITICAL MATERIALS. (a) Disclosures Concerning Rare Earth Elements and Strategic and Critical Materials by Contractors of Department of Defense.-- (1) Requirement.--Beginning on the date that is 30 months after the date of the enactment of this Act, the Secretary of Defense shall require that any contractor that provides to the Department of Defense a system with a permanent magnet that contains rare earth elements or strategic and critical materials disclose, along with delivery of the system, the provenance of the magnet. (2) Elements.--A disclosure under paragraph (1) shall include an identification of the country or countries in which-- (A) any rare earth elements and strategic and critical materials used in the magnet were mined; (B) such elements and minerals were refined into oxides; (C) such elements and minerals were made into metals and alloys; and (D) the magnet was sintered or bonded and magnetized. (3) Implementation of supply chain tracking system.--If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph, the Secretary shall require the contractor to establish and implement a supply chain tracking system in order to make the disclosure not later than 180 days after providing the system to the Department of Defense. (4) Waivers.-- (A) In general.--The Secretary may waive a requirement under paragraph (1) or (3) with respect to a system described in paragraph (1) for a period of not more than 180 days if the Secretary certifies to the Committees on Armed Services of the Senate and the House of Representatives that-- (i) the continued procurement of the system is necessary to meet the demands of a national emergency declared under section 201 of the National Emergencies Act (50 U.S.C. 1621); or (ii) the contractor cannot currently make the disclosure required by paragraph (1) but is making significant efforts to comply with the requirements of that paragraph. (B) Waiver renewals.--The Secretary-- (i) may renew a waiver under subparagraph (A)(i) as many times as the Secretary considers appropriate; and (ii) may not renew a waiver under subparagraph (A)(ii) more than twice. (5) Briefing required.--Not later than 30 days after the submission of each report required by subsection (c)(3), the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing that includes-- (A) a summary of the disclosures made under this subsection; (B) an assessment of the extent of reliance by the United States on foreign countries, and especially countries that are not allies of the United States, for rare earth elements and strategic and critical materials; (C) a determination with respect to which systems described in paragraph (1) are of the greatest concern for interruptions of supply chains with respect to rare earth elements and strategic and critical materials; and (D) any suggestions for legislation or funding that would mitigate security gaps in such supply chains. (b) Expansion of Restrictions on Procurement of Military and Dual-use Technologies by Chinese Military Companies.-- Section 1211 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 10 U.S.C. 4651 note prec.) is amended-- (1) in the section heading, by striking ``communist chinese military companies`` and inserting ``chinese military companies``; (2) in subsection (a), by inserting after ``military company`` the following: ``, any Chinese military company, or any Non-SDN Chinese military-industrial complex company``; (3) by amending subsection (b) to read as follows: ``(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 (4) in subsection (e)-- (A) by striking paragraph (3); (B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively; (C) by inserting before paragraph (3), as redesignated by subparagraph (B), the following: ``(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.``; (D) by inserting after paragraph (3), as so redesignated, the following: ``(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 (E) by adding at the end the following: ``(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 `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)).``. (c) Review of Compliance With Contracting Requirements.-- (1) In general.--Not later than one year after the date of the enactment of this Act, and periodically thereafter until the termination date specified in paragraph (5), the Comptroller General of the United States shall assess the extent of the efforts of the Department of Defense to comply with the requirements of-- (A) subsection (a); (B) section 1211 of the National Defense Authorization Act for Fiscal Year 2006, as amended by subsection (b); and (C) section 4872 of title 10, United States Code. [[Page S6115]] (2) Briefing required.--The Comptroller General shall periodically, until the termination date specified in paragraph (5), provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the results of the assessments conducted under paragraph (1) that includes an assessment of-- (A) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (3) Report required.--The Comptroller General shall, not less frequently than every 2 years until the termination date specified in paragraph (5), submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the assessments conducted under paragraph (1) that includes an assessment of-- (A) the inclusion by the Department of Defense of necessary contracting clauses in relevant contracts to meet the requirements described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) the efforts of the Department of Defense to assess the compliance of contractors with such clauses. (4) Referral.--If, in conducting an assessment under paragraph (1), the Comptroller General determines that a contractor has failed to comply with any of the requirements described in subparagraphs (A), (B), and (C) of paragraph (1), the Comptroller General shall refer the matter to the Department of Justice, relevant Inspectors General, or other enforcement agencies, as appropriate, for further examination and possible enforcement actions. (5) Termination.--The requirements of this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act. (d) Strategic and Critical Materials Defined.--In this section, 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)). SEC. 845. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE. Section 4801(1) of title 10, United States Code, is amended by inserting ``New Zealand,`` after ``Australia,``. SEC. 846. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS. Section 848(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 4871 note; Public Law 116-92) is amended by striking ``means the People`s Republic of China.`` and inserting ``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.``. SEC. 847. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR MUNITIONS. (a) Briefing on Fulfillment of Munitions Requirements.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall deliver a briefing to the congressional defense committees regarding the current process for fulfilling the requirements of section 222c of title 10, United States Code, in a timely fashion with standardization across the Department of Defense. (b) Annual Report on Industrial Base Constraints for Munitions.-- (1) In general.--Chapter 9 of title 10, United States Code, is amended by inserting after section 222c the following new section: ``Sec. 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 for each military service, shall submit to the congressional defense committees a report setting forth in detail 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, 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 total requirement in section 222c of this title under the current programmed purchase profile. ``(7) A description of industrial base constraints on increased production. ``(8) A description of investments or policy changes made by the contractor to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. ``(9) A description of investments or policy changes made by the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. ``(10) A description of potential investments or policy changes identified by the contractor or the United States Government to increase production, enable more efficient production, or mitigate significant loss of stability in potential production. ``(11) A list of contracts for munitions with DX or DO ratings under the Defense Priorities and Allocations System. ``(12) A prioritized list of munitions or capabilities judged to have high value for export for which additional work would be necessary to enable export, including a description of required investments to enhance exportability. ``(c) Working Definition of Munition.--The Under Secretary may define munition for the purposes of this section given the multiple subtypes of munitions.``. (2) Clerical amendment.--The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by inserting after the item relating to section 222c the following new item: ``222d. Annual report on industrial base constraints for munitions. Subtitle D--Small Business Matters SEC. 861. MODIFICATIONS TO THE DEFENSE RESEARCH AND DEVELOPMENT RAPID INNOVATION PROGRAM. (a) In General.--Section 4061 of title 10, United States Code, is amended-- (1) in subsection (a)(1), by striking ``fielding of technologies developed pursuant to phase II Small Business Innovation Research Program projects, phase II Small Business Technology Transfer Program projects`` and inserting ``fielding of technologies developed pursuant to other programs within the Department of Defense or the Federal Government to mature fundamental or applied technology``; (2) in subsection (b)-- (A) by striking the first sentence and inserting the following: ``The Secretary shall direct the Director of the Office of Small Business Programs to issue guidelines for the operation of the program in coordination with the Under Secretary of Defense for Research and Engineering.``; (B) by striking paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively; (C) in paragraph (1), by adding at the end the following: ``This may include candidate proposals that have been previously selected through other agency competitive procedures.``; (D) in paragraph (2), by adding at the end the following: ``Projects that have been selected through this competitive process are eligible to receive sole-source awards subsequently for production or integration into a system of record.``; (E) in paragraph (3), as redesignated by subparagraph (B), by striking ``No project shall receive more than a total of two years of funding under the program`` and inserting ``Projects may be funded to develop an initial concept (Phase I), mature a technology (Phase II), or integrate the technology in a system of record or operational environment (Phase III). No project shall receive more than a total of one year of funding under the program for Phase I, four years for Phase II, or three years for Phase III``; (F) in paragraph (6), as so redesignated, by inserting ``and universities that make proposals with significant small business participation`` after ``small business concerns``; and (G) by adding at the end the following new paragraph: ``(7) A requirement that no agreement may be entered into unless the Secretary of the military department concerned certifies in writing that the successful transition of the program to Phase III and into the acquisition process is expected to meet high priority military requirements of such military department.``; (3) in subsection (c), by inserting ``congressional`` before ``earmark``; (4) by amending subsection (d) to read as follows: ``(d) Funding.--(1) Not less than 3.2 percent of the extramural budget for research, development, test, and evaluation of the Department of Defense in excess of $100,000,000 shall be used to field technologies under the program. ``(2) Up to 0.5 percent of the amount required under paragraph (1) may be used to cover administrative costs associated with the program.``; and (5) by adding at the end the following new subsection: ``(f) Goal for Technology Insertion.--The Director of the Office of Small Business Programs shall-- ``(1) set a goal to increase the number of contracts awarded by the Secretary that lead to technology transition into programs of record or fielded systems; ``(2) use incentives in effect on December 31, 2021, or create new incentives, to encourage agency program managers and prime contractors to meet the goal under paragraph (1); and ``(3) submit to the congressional defense committees -- ``(A) the number and percentage of contracts awarded by the Secretary that led to technology transition into programs of record or fielded systems; ``(B) information on the status of each project that received funding the program and efforts to transition those projects into programs of record or fielded systems; and [[Page S6116]] ``(C) a description of each incentive that has been used by the Secretary under paragraph (2) and the effectiveness of that incentive with respect to meeting the goal under paragraph (1).``. (b) Public-private Partnership Technology Investment Pilot Program.-- (1) In general.--Chapter 303 of title 10, United States Code, is amended by inserting after section 4062 the following new section: ``Sec. 4063. Public-private partnership technology investment pilot program ``(a) Establishment.--(1) Subject to the availability of appropriations for this purpose, the Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, carry out a pilot program, for no less than five years, to accelerate the development of advanced technology for national security by creating incentives for trusted private capital to invest in domestic small businesses or nontraditional businesses that are developing technology that the Secretary considers necessary to support the modernization of the Department of Defense and national security priorities. ``(2) The purposes of the program required by paragraph (1) are as follows: ``(A) To promote the global superiority of the United States in advanced technologies of importance to national security, which are not adequately supported by private sector investment. ``(B) To accelerate the transition and deployment of advanced technologies into the Armed Forces. ``(C) To inform Department investment through coordinating planning consideration, technology roadmaps, and other analysis, as appropriate. ``(b) Public-private Partnership.--(1) In carrying out subsection (a), the Secretary shall enter into a public- private partnership with one or more for-profit persons using criteria that the Secretary shall establish for purposes of this subsection. ``(2) The criteria established under paragraph (1) for entering into a public-private partnership with a person shall include the following: ``(A) The person shall be independent. ``(B) The person shall be free from foreign oversight, control, influence, or beneficial ownership. ``(C) The person shall have commercial private capital fund experience with technology development in the defense and commercial sectors. ``(D) The person shall be eligible for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a))). ``(3) The Secretary and a person with whom the Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, and governance framework for the partnership and its operations. ``(c) Investment and Raising of Capital.--(1)(A) Pursuant to a public-private partnership entered into under subsection (b), a person with whom the Secretary has entered the partnership shall invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a). ``(B) Investments under subparagraph (A) shall be selected based on their technical merit, economic considerations, and ability to support modernization goals of the Department. ``(2) Pursuant to a public-private partnership entered into under subsection (b), a person described in paragraph (1)(A) shall, in order to support investment of equity under paragraph (1), raise private capital only from trusted capital sources. ``(3) A person described in subparagraph (A) shall have sole authority to raise funds for, operate, manage, and invest capital raised under such subparagraph. ``(d) Briefings.--(1) Not later than one year after the date of the enactment of this section, the Secretary shall provide to the congressional defense committees-- ``(A) a briefing on the implementation of this section; and ``(B) a report on the feasibility of implementing loan guarantees as an aspect to enhance the effectiveness of this program, including-- ``(i) a detailed description of how loan guarantees would be vetted, approved, and managed, including mechanisms to protect the government`s interests; and ``(ii) how such loan guarantees would be coordinated with other government invest mechanisms or other private sector financing. ``(2) Not later than five years after the date of the enactment of this section, the Secretary shall provide the congressional defense committees a briefing on the outcomes of the pilot program and the feasibility and advisability of making it permanent. ``(e) Definitions.--In this section: ``(1) The term `domestic business` has the meaning given the term `U.S. business` in section 800.252 of title 31, Code of Federal Regulations, or successor regulation. ``(2) The term `domestic small businesses or nontraditional businesses` means-- ``(A) a small businesses that is a domestic business; or ``(B) a nontraditional business that is a domestic business. ``(3) The term `free from foreign oversight, control, influence, or beneficial ownership`, with respect to a person, means a person who has not raised and managed capital from a person or entity that is not trusted and is otherwise free from foreign oversight, control, influence, or beneficial ownership. ``(4) The term `independent`, with respect to a person, means a person who lacks a conflict of interest accomplished by not having entity or manager affiliation or ownership with an existing fund. ``(5) The term `nontraditional business` has the meaning given the term `nontraditional defense contractors` in section 3014 of this title. ``(6) The term `small business` has the meaning given the term `small business concern` in section 3 of the Small Business Act (15 U.S.C. 632).``. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4062 the following new item: ``4063. Public-private partnership technology investment program. SEC. 862. PERMANENT EXTENSION AND MODIFICATION OF MENTOR- PROTEGE PROGRAM. (a) Permanent Extension and Modification.--Chapter 387 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 4902. Mentor-Protege Program ``(a) Establishment of Program.--The Secretary of Defense shall establish a program to be known as the `Mentor-Protege Program`. ``(b) Purpose.--The purpose of the program is to provide incentives for major Department of Defense contractors to furnish disadvantaged small business concerns with assistance designed to-- ``(1) enhance the capabilities of disadvantaged small business concerns to perform as subcontractors and suppliers under Department of Defense contracts and other contracts and subcontracts; and ``(2) increase the participation of such business concerns as subcontractors and suppliers under Department of Defense contracts, other Federal Government contracts, and commercial contracts. ``(c) Program Participants.--(1) A business concern meeting the eligibility requirements set out in subsection (d) may enter into agreements under subsection (e) and furnish assistance to disadvantaged small business concerns upon making application to the Secretary of Defense and being approved for participation in the program by the Secretary. A business concern participating in the program pursuant to such an approval shall be known, for the purposes of the program, as a `mentor firm`. ``(2) A disadvantaged small business concern eligible for the award of Federal contracts may obtain assistance from a mentor firm upon entering into an agreement with the mentor firm as provided in subsection (e). A disadvantaged small business concern may not be a party to more than one agreement concurrently, and the authority to enter into agreements under subsection (e) shall only be available to such concern during the 5-year period beginning on the date such concern enters into the first such agreement. A disadvantaged small business concern receiving such assistance shall be known, for the purposes of the program, as a `protege firm`. ``(3) In entering into an agreement pursuant to subsection (e), a mentor firm may rely in good faith on a written representation of a business concern that such business concern is a disadvantaged small business concern. The Small Business Administration shall determine the status of such business concern as a disadvantaged small business concern in the event of a protest regarding the status of such business concern. If at any time the business concern is determined by the Small Business Administration not to be a disadvantaged small business concern, assistance furnished such business concern by the mentor firm after the date of the determination may not be considered assistance furnished under the program. ``(d) Mentor Firm Eligibility.--(1) Subject to subsection (c)(1), a mentor firm may enter into an agreement with one or more protege firms under subsection (e) and provide assistance under the program pursuant to that agreement if the mentor firm-- ``(A) is eligible for award of Federal contracts; and ``(B) demonstrates that it-- ``(i) is qualified to provide assistance that will contribute to the purpose of the program; ``(ii) is of good financial health and character and does not appear on a Federal list of debarred or suspended contractors; and ``(iii) can impart value to a protege firm because of experience gained as a Department of Defense contractor or through knowledge of general business operations and government contracting, as demonstrated by evidence that-- ``(I) during the fiscal year preceding the fiscal year in which the mentor firm enters into the agreement, the total amount of the Department of Defense contracts awarded such mentor firm and the subcontracts awarded such mentor firm under Department of Defense contracts was equal to or greater than $100,000,000; or ``(II) the mentor firm demonstrates the capability to assist in the development of protege firms, and is approved by the Secretary of Defense pursuant to criteria specified in the regulations prescribed pursuant to subsection (j). [[Page S6117]] ``(2) A mentor firm may not enter into an agreement with a protege firm if the Administrator of the Small Business Administration has made a determination finding affiliation between the mentor firm and the protege firm. ``(3) If the Administrator of the Small Business Administration has not made such a determination and if the Secretary has reason to believe (based on the regulations promulgated by the Administrator regarding affiliation) that the mentor firm is affiliated with the protege firm, the Secretary shall request a determination regarding affiliation from the Administrator of the Small Business Administration. ``(e) Mentor-protege Agreement.--Before providing assistance to a protege firm under the program, a mentor firm shall enter into a mentor-protege agreement with the protege firm regarding the assistance to be provided by the mentor firm. The agreement shall include the following: ``(1) A developmental program for the protege firm, in such detail as may be reasonable, including-- ``(A) factors to assess the protege firm`s developmental progress under the program; ``(B) a description of the quantitative and qualitative benefits to the Department of Defense from the agreement, if applicable; ``(C) goals for additional awards that the protege firm can compete for outside the Mentor-Protege Program; and ``(D) the assistance the mentor firm will provide to the protege firm in understanding contract regulations of the Federal Government and the Department of Defense (including the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement) after award of a subcontract under this section, if applicable. ``(2) A program participation term for any period of not more than three years, except that the term may be a period of up to five years if the Secretary of Defense determines in writing that unusual circumstances justify a program participation term in excess of three years. ``(3) Procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause. ``(f) Forms of Assistance.--A mentor firm may provide a protege firm the following: ``(1) Assistance, by using mentor firm personnel, in-- ``(A) general business management, including organizational management, financial management, and personnel management, marketing, and overall business planning; ``(B) engineering and technical matters such as production, inventory control, and quality assurance; and ``(C) any other assistance designed to develop the capabilities of the protege firm under the developmental program referred to in subsection (e). ``(2) Award of subcontracts on a noncompetitive basis to the protege firm under the Department of Defense or other contracts. ``(3) Payment of progress payments for performance of the protege firm under such a subcontract in amounts as provided for in the subcontract, but in no event may any such progress payment exceed 100 percent of the costs incurred by the protege firm for the performance. ``(4) Advance payments under such subcontracts. ``(5) Loans. ``(6) Assistance obtained by the mentor firm for the protege firm from one or more of the following-- ``(A) small business development centers established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); ``(B) entities providing procurement technical assistance pursuant to this chapter; ``(C) a historically Black college or university or a minority institution of higher education; or ``(D) women`s business centers described in section 29 of the Small Business Act (15 U.S.C. 656). ``(g) Incentives for Mentor Firms.--(1) The Secretary of Defense may provide to a mentor firm reimbursement for the total amount of any progress payment or advance payment made under the program by the mentor firm to a protege firm in connection with a Department of Defense contract awarded the mentor firm. ``(2)(A) The Secretary of Defense may provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (6) of subsection (f) (except as provided in subparagraph (D)) as provided for in a line item in a Department of Defense contract under which the mentor firm is furnishing products or services to the Department, subject to a maximum amount of reimbursement specified in such contract, except that this sentence does not apply in a case in which the Secretary of Defense determines in writing that unusual circumstances justify reimbursement using a separate contract. ``(B) The determinations made in annual performance reviews of a mentor firm`s mentor-protege agreement shall be a major factor in the determinations of amounts of reimbursement, if any, that the mentor firm is eligible to receive in the remaining years of the program participation term under the agreement. ``(C) The total amount reimbursed under this paragraph to a mentor firm for costs of assistance furnished in a fiscal year to a protege firm may not exceed $1,000,000, except in a case in which the Secretary of Defense determines in writing that unusual circumstances justify a reimbursement of a higher amount. ``(D) The Secretary may not reimburse any fee assessed by the mentor firm for services provided to the protege firm pursuant to subsection (f)(6) or for business development expenses incurred by the mentor firm under a contract awarded to the mentor firm while participating in a joint venture with the protege firm. ``(3)(A) Costs incurred by a mentor firm in providing assistance to a protege firm that are not reimbursed pursuant to paragraph (2) shall be recognized as credit in lieu of subcontract awards for purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to such mentor firm under a Department of Defense contract, under a contract with another executive agency, or under a divisional or company-wide subcontracting plan negotiated with the Department of Defense or another executive agency. ``(B) The amount of the credit given a mentor firm for any such unreimbursed costs shall be equal to-- ``(i) four times the total amount of such costs attributable to assistance provided by entities described in subsection (f)(6); ``(ii) three times the total amount of such costs attributable to assistance furnished by the mentor firm`s employees; and ``(iii) two times the total amount of any other such costs. ``(C) Under regulations prescribed pursuant to subsection (j), the Secretary of Defense shall adjust the amount of credit given a mentor firm pursuant to subparagraphs (A) and (B) if the Secretary determines that the firm`s performance regarding the award of subcontracts to disadvantaged small business concerns has declined without justifiable cause. ``(4) A mentor firm shall receive credit toward the attainment of a subcontracting participation goal applicable to such mentor firm for each subcontract for a product or service awarded under such contract by a mentor firm to a business concern that, except for its size, would be a small business concern owned and controlled by socially and economically disadvantaged individuals, but only if-- ``(A) the size of such business concern is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing such product or service is a small business concern; and ``(B) the business concern formerly had a mentor-protege agreement with such mentor firm that was not terminated for cause. ``(h) Relationship to Small Business Act.--(1) For purposes of the Small Business Act (15 U.S.C. 631 et seq.), no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentor- protege agreement any form of developmental assistance described in subsection (f). ``(2) Notwithstanding section 8 of the Small Business Act (15 U.S.C. 637), the Small Business Administration may not determine a disadvantaged small business concern to be ineligible to receive any assistance authorized under the Small Business Act on the basis that such business concern has participated in the Mentor-Protege Program or has received assistance pursuant to any developmental assistance agreement authorized under such program. ``(3) The Small Business Administration may not require a firm that is entering into, or has entered into, an agreement under subsection (e) as a protege firm to submit the agreement, or any other document required by the Secretary of Defense in the administration of the Mentor-Protege Program, to the Small Business Administration for review, approval, or any other purpose. ``(i) Participation in Mentor-protege Program Not to Be a Condition for Award of a Contract or Subcontract.--A mentor firm may not require a business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm. ``(j) Regulations.--The Secretary of Defense shall prescribe regulations to carry out the Mentor-Protege Program. Such regulations shall include the requirements set forth in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and shall prescribe procedures by which mentor firms may terminate participation in the program. The Department of Defense policy regarding the Mentor-Protege Program shall be published and maintained as an appendix to the Department of Defense Supplement to the Federal Acquisition Regulation. ``(k) Report by Mentor Firms.--To comply with section 8(d)(7) of the Small Business Act (15 U.S.C. 637(d)(7)), each mentor firm shall submit a report to the Secretary not less than once each fiscal year that includes, for the preceding fiscal year-- ``(1) all technical or management assistance provided by mentor firm personnel for the purposes described in subsection (f)(1); ``(2) any new awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts; [[Page S6118]] ``(3) any extensions, increases in the scope of work, or additional payments not previously reported for prior awards of subcontracts on a competitive or noncompetitive basis to the protege firm under Department of Defense contracts or other contracts, including the value of such subcontracts; ``(4) the amount of any payment of progress payments or advance payments made to the protege firm for performance under any subcontract made under the Mentor-Protege Program; ``(5) any loans made by the mentor firm to the protege firm; ``(6) all Federal contracts awarded to the mentor firm and the protege firm as a joint venture, designating whether the award was a restricted competition or a full and open competition; ``(7) any assistance obtained by the mentor firm for the protege firm from one or more-- ``(A) small business development centers established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); ``(B) entities providing procurement technical assistance pursuant to this chapter; or ``(C) historically Black colleges or universities or minority institutions of higher education; ``(8) whether there have been any changes to the terms of the mentor-protege agreement; and ``(9) a narrative describing the success assistance provided under subsection (f) has had in addressing the developmental needs of the protege firm, the impact on Department of Defense contracts, and addressing any problems encountered. ``(l) Review of Report by the Office of Small Business Programs.--The Office of Small Business Programs of the Department of Defense shall review the report required by subsection (k) and, if the Office finds that the mentor- protege agreement is not furthering the purpose of the Mentor-Protege Program, decide not to approve any continuation of the agreement. ``(m) Establishment of Performance Goals and Periodic Reviews.--The Office of Small Business Programs of the Department of Defense shall-- ``(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome- based metrics to measure progress in meeting those goals; and ``(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor- protege agreements. ``(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)).``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 387 of title 10, United States Code, is amended by inserting after the item relating to section 4901 the following new item: ``4902. Mentor-Protege Program. (c) Repeal of Obsolete Authority.--Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 4901 note prec.) is repealed. SEC. 863. SMALL BUSINESS INTEGRATION WORKING GROUP. (a) In General.--The Secretary of Defense shall create a small business integration working group, to be led by the Director of the Department of Defense Office of Small Business Programs, which convenes at least four times per year to better ensure the integration of department-wide small business efforts, including by-- (1) improving the alignment between disparate small business and industrial base programs across the Department of Defense; (2) providing oversight of small business efforts department-wide; (3) unifying small business policy, acquisition workforce development, and transition of emerging technologies into programs of record as required under the Small Business Strategy; and (4) reducing barriers to entry for small businesses and non-traditional vendors into the defense industrial base. (b) Membership.--The integration working group shall be comprised of representatives from each of the following organizations: (1) Each of the military service`s small business offices. (2) Each of the military service`s small business innovation research and small business technology transfer programs. (3) The office of the Under Secretary of Defense for Acquisition and Sustainment. (4) The office of the Under Secretary of Defense for Research and Engineering. (c) Briefing Required.--Not later than March 1, 2023, the Director of the Office of Small Business Programs shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the establishment and activities of the working group, policies enacted to allow for the sharing of best practices, and practices for conducting oversight. SEC. 864. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR SMALL BUSINESS PROGRAMS. (a) Demonstration Required.--Not later than December 31, 2027, the Secretary of Defense shall conduct a demonstration of commercial due diligence tools, techniques, and processes in order to support small businesses in identifying attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technology they are developing on behalf of the Department of Defense. (b) Elements.--The demonstration required under subsection (a) shall include the following elements: (1) Identification of an entity to be responsible for the commercial due diligence process, including interfacing with small business and law enforcement community. (2) An assessment of existing commercial due diligence processes conducted by component small business offices. (3) Development of tactics, techniques, and procedures for tools and processes that support commercial due diligence analysis to monitor and assess attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technologies under development by the small business community, including-- (A) providing a feedback loop with small business to provide two-way information sharing; and (B) identifying, assessing, and demonstrating commercially available tools and services. (4) Identification of process improvements or gaps in resources, capabilities, or authorities, as well as other lessons learned. (5) Development of training and awareness material for small businesses that can be shared directly or through the Procurement Technical Assistance Centers. [[Page S6119]] (6) Implementation of metrics or measures of performance that can be tracked to assess the effectiveness of the commercial due diligence demonstration. (c) Briefing Required.--Not later than April 1, 2023, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on the demonstration required under subsection (a), including-- (1) identification of the designated organization for conducting the demonstration; (2) a description of the methodology for executing the demonstration, including any analytical tools or metrics identified to support the process; (3) a description of any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, and (4) any preliminary findings. (d) Assessment.--Not later than March 1, 2028, the Secretary shall provide a final assessment report of the demonstration required under subsection (a), including any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, any general lessons learned, and any recommendations for legislative action that may be required as a result. SEC. 865. IMPROVEMENTS TO PROCUREMENT TECHNICAL ASSISTANCE CENTER PROGRAM. (a) Funding Limit Applicable to Programs Operating on Statewide Basis.--Section 4955(a)(1) of title 10, United States Code, is amended by striking ``$1,000,000`` and inserting ``$1,500,000``. (b) Administrative Costs.--Section 4961 of title 10, United States Code, is amended-- (1) by striking ``Director of the Defense Logistics Agency`` and inserting ``Secretary``; (2) in paragraph (1), by striking ``three percent`` and inserting ``four percent``; and (3) in paragraph (2)-- (A) by striking ``Director`` and inserting ``Secretary``; and (B) in subparagraph (A), by inserting ``, including meetings of any association of such entities,`` after ``for meetings``. Subtitle E--Other Matters SEC. 871. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL SUPPLY CHAINS. (a) Risk Management for All Department of Defense Pharmaceutical Supply Chains.--Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall-- (1) develop and issue implementing guidance for risk management for Department of Defense supply chains for pharmaceutical materiel for the Department; (2) identify, in coordination with the Secretary of Health and Human Services, supply chain information gaps regarding the Department`s reliance on foreign suppliers of drugs, including active pharmaceutical ingredients and final drug products; and (3) submit to Congress a report regarding-- (A) existing information streams, if any, that may be used to assess the reliance by the Department of Defense on high- risk foreign suppliers of drugs; (B) vulnerabilities in the drug supply chains of the Department of Defense; and (C) any recommendations to address-- (i) information gaps identified under paragraph (2); and (ii) any risks related to such reliance on foreign suppliers. (b) Risk Management for Department of Defense Pharmaceutical Supply Chain.--The Director of the Defense Health Agency shall-- (1) not later than one year after the issuance of the guidance required under subsection (a)(1), develop and publish implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and (2) establish a working group-- (A) to assess risks to the Department`s pharmaceutical supply chain; (B) to identify the pharmaceuticals most critical to beneficiary care at military treatment facilities; and (C) to establish policies for allocating scarce pharmaceutical resources of the Department of Defense in case of a supply disruption. SEC. 872. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS. (a) In General.--Not later than March 1, 2023, and every 180 days thereafter, the Secretary of each of the military departments and the Commanders of the United States Special Operations Command and the United States Cyber Command shall ensure that each such department and Command conducts an industry day-- (1) to raise awareness within the private sector of-- (A) key advanced system development areas; and (B) capability needs and existing and potential requirements related to the key advanced system development areas; and (2) to raise awareness within such departments and Commands of potential material solutions for capability needs and existing and potential requirements related to key advanced system development areas. (b) Responsibilities.-- (1) Chiefs of armed forces.--The chief of each of the armed forces residing in a military department and the Commanders of the United States Special Operations Command and the United States Cyber Command shall have primary responsibility for the following tasks at the industry days required under subsection (a) for each key advanced system development area: (A) Identifying related or potentially related existing, planned, or potential military requirements, including urgent and emergent operational needs. (B) Identifying and describing related or potentially related capability needs or gaps in warfighting mission areas. (C) Identifying and describing related or potentially related capability needs or gaps in non-warfighting support areas. (D) Identifying and describing related or potentially related exercise, demonstration, or experimentation opportunities. (2) Acquisition executives.--Each service acquisition executive and the acquisition executives of the United States Special Operations Command and the United States Cyber Command shall have primary responsibility for the following tasks at the industry days required under subsection (a) for each key advanced system development area: (A) Identifying and describing related or potentially related existing, planned, or potential acquisition plans and strategies. (B) Identifying and describing related or potentially related existing, planned, or potential funding opportunities, including-- (i) broad agency announcements; (ii) requests for information; (iii) funding opportunity announcements; (iv) special program announcements; (v) requests for proposals; (vi) requests for quotes; (vii) special notices; (viii) transactions pursuant to sections 4002, 4003, and 4004 of title 10, United States Code; (ix) unsolicited proposals; and (x) other methods. (c) Form.-- The industry days required under subsection (a) shall seek to maximize industry and government participation, while minimizing cost to the maximum extent practicable, by-- (1) being held at the unclassified security level with classified portions only as necessary; (2) being publicly accessible through teleconference or other virtual means; and (3) having supporting materials posted on a publicly accessible website. (d) Definitions.-- In this section: (1) Military departments; armed forces; service acquisition executive.--The terms ``military departments``, ``armed forces``, and ``service acquisition executive`` have the meanings given the terms in section 101 of title 10, United States Code. (2) Key advanced system development area.-- The term ``key advanced system development area`` means the following: (A) For the Department of the Navy-- (i) unmanned surface vessels; (ii) unmanned underwater vessels; (iii) unmanned deployable mobile ocean systems; (iv) unmanned deployable fixed ocean systems; and (v) autonomous unmanned aircraft systems. (B) For the Department of the Air Force, autonomous unmanned aircraft systems. (C) For the Department of the Army, autonomous unmanned aircraft systems. (D) For the United States Special Operations Command, autonomous unmanned aircraft systems. (E) For the United States Cyber Command, cybersecurity situational awareness systems. SEC. 873. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS. Section 1684 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended-- (1) in subsection (a), by striking ``2022 and 2023`` and inserting ``2022 through 2024``; and (2) in subsection (b), by striking ``September 30, 2023`` and inserting ``September 30, 2024``. SEC. 874. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION GUIDANCE INTO PROGRAM CLASSIFICATION GUIDES AND PROGRAM PROTECTION PLANS. (a) Updates Required.-- (1) In general.--The Secretary of Defense shall, acting through the Under Secretary of Defense for Intelligence and Security and the Under Secretary of Defense for Research and Engineering, ensure that all program classification guides (for classified programs) and all program protection plans (for unclassified programs) include guidance for the proper marking for controlled unclassified information (CUI) at their next regularly scheduled update. (2) Elements.--Guidance under paragraph (1) shall include the following: (A) A requirement to use document portion markings for controlled unclassified information (B) A process to ensure controlled unclassified information document portion markings are used properly and consistently. (b) Monitoring of Progress.--In tracking the progress in carrying out subsection (a), the Under Secretary of Defense for Intelligence and Security and the Under Secretary of Defense for Research and Engineering shall implement a process for monitoring progress that includes the following: (1) Tracking of all program classification guides and program protection plans so they [[Page S6120]] include document portion marking for controlled unclassified information, and the dates when controlled unclassified information guidance updates are completed. (2) Updated training in order to ensure that all government and contractor personnel using the guides described in subsection (a)(1) receive instruction, as well as periodic spot checks, to ensure that training is sufficient and properly implemented to ensure consistent application of document portion marking guidance. (3) A process for feedback to ensure that any identified gaps or lessons learned are incorporated into guidance and training instructions. (c) Required Completion.--The Secretary shall ensure that the updates required by subsection (a) are completed before January 1, 2029. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A--Office of the Secretary of Defense and Related Matters SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND DEPUTY ASSISTANT SECRETARIES OF DEFENSE. (a) Assistant Secretary of Defense for Cyber Policy.-- (1) In general.--Section 138(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(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 and matters relating to cyber activities of the Department of Defense. The Assistant Secretary is the Principal Cyber Advisor described in section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note).``. (2) Conforming amendments.-- (A) Section 932(c) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note) is amended-- (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 1643(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 2224 note) is amended by striking ``by section 932(c)(3)`` and inserting ``by section 932(c)(2)``. (b) Increase in Authorized Number of Assistant Secretaries of Defense.-- (1) Increase.--Section 138(a)(1) of title 10, United States Code, is amended by striking ``15`` and inserting ``18``. (2) Conforming amendment.--Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Defense (14).`` and inserting ``Assistant Secretaries of Defense (18).``. (c) Increase in Authorized Number of Deputy Assistant Secretaries of Defense.-- (1) Increase.--Section 138 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e) The number of Deputy Assistant Secretaries of Defense may not exceed 57.``. (2) Conforming repeal.--Section 908 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1514; 10 U.S.C. 138 note) is repealed. (d) Additional Amendments.--Section 138(b) of title 10, United States Code, is amended-- (1) in paragraph (2)(A)-- (A) in the second sentence in the matter preceding clause (i), by striking ``He shall have as his principal duty`` and inserting ``The principal duty of the Assistant Secretary shall be``; and (B) in clause (ii), by striking subclause (III); (2) in paragraph (3), in the second sentence, by striking ``He shall have as his principal duty`` and inserting ``The principal duty of the Assistant Secretary shall be``; (3) in paragraph (4)-- (A) in subparagraph (A), by striking the semicolon and inserting ``; and``; (B) in subparagraph (B), by striking ``; and`` inserting a period; and (C) by striking subparagraph (C); and (4) in paragraph (6), by striking ``shall--`` and all that follows and inserting ``shall advise the Under Secretary of Defense for Acquisition and Sustainment on industrial base policies.``. SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER. Section 2222 of title 10, United States Code, is amended-- (1) in subsection (c)(2), by striking ``the Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Chief Management Officer`` and inserting ``the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer``; (2) in subsection (e)-- (A) in paragraph (1), by striking ``the Chief Management Officer`` and inserting ``the Chief Information Officer``; and (B) in paragraph (6)-- (i) in subparagraph (A), in the matter preceding clause (i)-- (I) in the first sentence, by striking ``the Chief Management Officer of the Department of Defense`` and inserting ``the Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer,``; and (II) in the second sentence, by striking ``the Chief Management Officer shall`` and inserting ``the Chief Information Officer shall``; and (ii) in subparagraph (B), in the matter preceding clause (i), by striking ``the Chief Management Officer`` and inserting ``the Chief Information Officer``; (3) in subsection (f)-- (A) in paragraph (1), in the second sentence, by striking ``the Chief Management Officer and``; and (B) in paragraph (2)-- (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (ii) by inserting before subparagraph (B), as redesignated by clause (i), the following new subparagraph (A): ``(A) The Chief Information Officers of the military departments, or their designees.``; and (iii) in subparagraph (C), as so redesignated, by adding at the end the following new clause: ``(iv) The Chief Data and Artificial Intelligence Officer of the Department of Defense.``; (4) in subsection (g)(2), by striking ``the Chief Management Officer`` each place it appears and inserting ``the Chief Information Officer``; and (5) in subsection (i)(5)(B), by striking ``the Chief Management Officer`` and inserting ``the Chief Information Officer``. SEC. 903. LIMITATION ON AVAILABILITY OF FUNDS FOR OPERATION AND MAINTENANCE FOR OFFICE OF SECRETARY OF DEFENSE. Of the funds authorized to be appropriated by this Act for fiscal year 2023 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary of Defense submits the information operations strategy and posture review, including the designation of Information Operations Force Providers and Information Operations Joint Force Trainers for the Department of Defense, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives as required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 397 note). SEC. 904. LIMITATION ON USE OF FUNDS UNTIL DEMONSTRATION OF PRODUCT TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING REQUIREMENTS. Of the funds authorized to be appropriated by section 301 for fiscal year 2023 for operation and maintenance, Defense- wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the Secretary of Defense demonstrates a minimum viable product-- (1) to optimize and modernize the process described in section 908(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 111 note) for identifying reports to Congress required by annual national defense authorization Acts, assigning responsibility for preparation of such reports, and managing the completion and delivery of such reports to Congress; and (2) that includes capabilities to enable-- (A) direct access by the congressional defense committees to the follow-on system to that process using secure credentials; (B) rapid automatic ingestion of data provided by those committees with respect to reports and briefings required to be submitted to Congress in a comma-separated value spreadsheet; (C) sortable and exportable database views for tracking and research purposes; (D) automated notification of relevant congressional staff and archival systems; and (E) integration with Microsoft Office. SEC. 905. LIMITATION ON USE OF FUNDS UNTIL DEPARTMENT OF DEFENSE COMPLIES WITH REQUIREMENTS RELATING TO ALIGNMENT OF CLOSE COMBAT LETHALITY TASK FORCE. Of the funds authorized to be appropriated by section 301 for fiscal year 2023 for operation and maintenance, Defense- wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the Department of Defense complies with the requirements of section 911 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1878) (relating to alignment of the Close Combat Lethality Task Force). Subtitle B--Other Department of Defense Organization and Management Matters SEC. 911. MODIFICATION OF REQUIREMENTS THAT ARE RESPONSIBILITY OF ARMED FORCES NOT JOINT REQUIREMENTS OVERSIGHT COUNCIL. Section 181(e) of title 10, United States Code, is amended to read as follows: ``(e) Performance Requirements as Responsibility of Armed Forces.-- ``(1) In general.--The Chief of Staff of an armed force is responsible for-- ``(A) all performance requirements for that armed force; and ``(B) except as provided in paragraph (3), all inventory objective requirements for that armed force, including categories of weapons systems and overall levels of weapons systems. [[Page S6121]] ``(2) Requirements not required to be validated.--Except for requirements specified in subsections (b)(4) and (b)(5), requirements described in paragraph (1) are not required to be validated by the Joint Requirements Oversight Council. ``(3) Inventory objective requirements for naval vessels to transport marines.--The Commandant of the Marine Corps shall be responsible for inventory objective requirements for naval vessels with the primary mission of transporting Marines.``. SEC. 912. BRIEFING ON REVISIONS TO UNIFIED COMMAND PLAN. Section 161(b)(2) of title 10, United States Code, is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, two ems to the right; (2) by striking ``the President shall notify`` and inserting the following: ``the President shall-- ``(A) notify``; (3) in clause (ii), as redesignated by paragraph (1), by striking the period at the end and inserting ``; and``; and (4) by adding at the end the following new subparagraph: ``(B) during that 60-day period, provide to the congressional defense committees a briefing on the revisions described in subparagraph (A)(ii).``. SEC. 913. UPDATES TO MANAGEMENT REFORM FRAMEWORK. Section 125a of title 10, United States Code, is amended-- (1) in subsection (c)-- (A) in paragraph (1), by striking ``2022`` and inserting ``2023``; and (B) in paragraph (3), by inserting ``the Director for Administration and Management of the Department of Defense,`` after ``the Chief Information Officer of the Department of Defense,``; and (2) in subsection (d)-- (A) by redesignating paragraph (6) as paragraph (9); and (B) by inserting after paragraph (5) the following new paragraphs: ``(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.``. SEC. 914. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION. (a) In General.--The Secretary of Defense shall conduct a demonstration of a strategic management dashboard to automate the data collection and visualization of the primary management goals of the Department of Defense. (b) Elements.--The Secretary shall ensure that the strategic management dashboard demonstrated under subsection (a) includes the following: (1) The capability for real-time monitoring of the performance of the Department in meeting the management goals of the Department. (2) An integrated analytics capability, including the ability to dynamically add or upgrade new capabilities when needed. (3) Integration with the framework required by subsection (c) of section 125a of title 10, United States Code, for measuring the progress of the Department toward covered elements of reform (as defined in subsection (d) of that section). (4) Incorporation of the elements of the strategic management plan required by section 904(d) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2201 note prec.), as derived from automated data feeds from existing information systems and databases. (5) Incorporation of the elements of the most recent annual performance plan of the Department required by section 1115(b) of title 31, United States Code, and the most recent update on performance of the Department required by section 1116 of that title. (6) Use of artificial intelligence and machine learning tools to improve decision making and assessment relating to data analytics. (7) Adoption of leading and lagging indicators for key strategic management goals. (c) Authorities.-- (1) In general.--In conducting the demonstration required by subsection (a), the Secretary may use the authorities described in paragraph (2), and such other authorities as the Secretary considers appropriate-- (A) to help spur innovative technological or process approaches; and (B) to attract new entrants to solve the data management and visualization challenges of the Department. (2) Authorities described.--The authorities described in this paragraph are the authorities provided under the following provisions of law: (A) Section 4025 of title 10, United States Code (relating to prizes for advanced technology achievements). (B) Section 217 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2222 note) (relating to science and technology activities to support business systems information technology acquisition programs). (C) Section 908 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 129a note) (relating to management innovation activities). (d) Use of Best Practices.--In conducting the demonstration required by subsection (a), the Secretary shall leverage commercial best practices in management and leading research in management and data science. SEC. 915. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT MANAGEMENT SYSTEMS. (a) In General.--Not later than July 1, 2023, the Chief Information Officer of the Department of Defense, in coordination with the Chief Digital and Artificial Intelligence Officer and the Director of the Joint Artificial Intelligence Center, shall complete a pilot program to demonstrate the application of component content management systems to a distinct set of data of the Department. (b) Selection of Data Set.--In selecting a distinct set of data of the Department for purposes of the pilot program required by subsection (a), the Chief Information Officer shall consult with, at a minimum, the following: (1) The Office of the Secretary of Defense with respect to directives, instructions, and other regulatory documents of the Department. (2) The Office of the Secretary of Defense and the Joint Staff with respect to execution orders. (3) The Office of the Under Secretary of Defense for Research and Engineering and the military departments with respect to technical manuals. (4) The Office of the Under Secretary of Defense for Acquisition and Sustainment with respect to Contract Data Requirements List documents. (c) Authority to Enter Into Contracts.--Subject to the availability of appropriations, the Secretary of Defense may enter into contracts or transactions with public or private entities to conduct studies and demonstration projects under the pilot program required by subsection (a). (d) Briefing Required.--Not later than 60 days after the date of the enactment of this Act, the Chief Information Officer shall provide to the congressional defense committees a briefing on plans to implement the pilot program required by subsection (a). Subtitle C--Space Force Matters SEC. 921. VICE CHIEF OF SPACE OPERATIONS. (a) Codification of Position of Vice Chief of Space Operations.--Chapter 908 of title 10, United States Code, is amended by inserting after section 9082 the following new section: ``Sec. 9082a. Vice Chief of Space Operations ``(a) Appointment.--There is a Vice Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from officers on the active-duty list of the Space Force not restricted in the performance of duty. ``(b) Grade.--The Vice Chief of Space Operations, while so serving, has the grade of general without vacating his permanent grade. ``(c) Authority and Duties.--The Vice Chief has such authority and duties with respect to the Space Force as the Chief, with the approval of the Secretary of the Air Force, may delegate to or prescribe for the Vice Chief. Orders issued by the Vice Chief in performing such duties have the same effect as those issued by the Chief. ``(d) Vacancies.--When there is a vacancy in the office of the Chief of Space Operations, or during the absence or disability of the Chief-- ``(1) the Vice Chief of the Space Operations shall perform the duties of the Chief until a successor is appointed or the absence or disability ceases; or ``(2) if there is a vacancy in the office of the Vice Chief of Space Operations or the Vice Chief is absent or disabled, unless the President directs otherwise, the most senior officer of the Space Force in the Headquarters, Space Force, who is not absent or disabled and who is not restricted in performance of duty shall perform the duties of the Chief until a successor to the Chief or the Vice Chief is appointed or until the absence or disability of the Chief or Vice Chief ceases, whichever occurs first.``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 908 of title 10, United States Code, is amended by inserting after the item relating to section 9082 the following new item: ``9082a. Vice Chief of Space Operations. SEC. 922. ESTABLISHMENT OF FIELD OPERATING AGENCIES AND DIRECT REPORTING UNITS OF SPACE FORCE. (a) In General.--Chapter 908 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 9087. Field operating agencies and direct reporting units ``(a) Authority.--The Secretary of the Air Force may establish within the Space Force the following: ``(1) An Enterprise Talent Management Office to provide whole-of-life-cycle talent management aligned to the needs of the Space Force. ``(2) A Space Warfighting Analysis Center to conduct analysis, modeling, wargaming, and experimentation to create operational concepts and develop future force design options. ``(b) Organization.-- ``(1) Enterprise talent management office.--If, pursuant to the authority provided [[Page S6122]] by subsection (a)(1), the Secretary establishes a Enterprise Talent Management Office, the Office shall operate as a field operating agency of the headquarters of the Space Force. ``(2) Space warfighting analysis center.--If, pursuant to the authority provided by subsection (a)(2), the Secretary establishes a Space Warfighting Analysis Center, the Center shall operate as a direct reporting unit of the Chief of Space Operations.``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 908 of such title is amended by adding at the end the following new item: ``9087. Field operating agencies and direct reporting units. SEC. 923. FRAMEWORK FOR NEW SUBTITLE F OF TITLE 10, UNITED STATES CODE, ON SPACE COMPONENT. (a) In General.--Title 10, United States Code, is amended by adding at the end the following new subtitle: ``Subtitle F--Space Component ``Chap. ............................................................... ``2001. [Reserved]............................................20101.... ``2002. [Reserved]............................................20201.... ``2003. [Reserved]............................................20301.... ``2004. [Reserved]............................................20401.... ``2005. [Reserved]............................................20501.... ``CHAPTER 2001--[RESERVED] ``Sec. ``20101. [Reserved]. ``Sec. 20101. [Reserved] ``[Reserved]. ``CHAPTER 2002--[RESERVED] ``Sec. ``20201. [Reserved]. ``Sec. 20201. [Reserved] ``[Reserved]. ``CHAPTER 2003--[RESERVED] ``Sec. ``20301. [Reserved]. ``Sec. 20301. [Reserved] ``[Reserved]. ``CHAPTER 2004--[RESERVED] ``Sec. ``20401. [Reserved]. ``Sec. 20401. [Reserved] ``[Reserved]. ``CHAPTER 2005--[RESERVED] ``Sec. ``20501. [Reserved]. ``Sec. 20501. [Reserved] ``[Reserved].``. (b) Clerical Amendments.-- (1) Table of subtitles.--The table of subtitles at the beginning of title 10, United States Code, is amended by adding at the end the following new item: ``F. Space Component..........................................20101.... (c) Contingent Repeal.--If subtitle F of title 10, United States Code, as added by subsection (a), or any chapter of that subtitle, as so added, is not amended during the period beginning on the day after the date of the enactment of this Act and ending on December 31, 2026, such subtitle or chapter, as the case may be, is repealed effective on January 1, 2027. SEC. 924. STUDY OF PROPOSED SPACE FORCE REORGANIZATION. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with one or more federally funded research and development centers to conduct a study on the proposed reorganization of the Space Force and the establishment of the Space Component. (b) Elements.--The study referred to in subsection (a) shall include a comprehensive review and assessment of-- (1) the feasibility and advisability of-- (A) exempting the proposed Space Component from the existing ``up or out`` system of officer career advancement first established by the amendments to title 10, United States Code, made by the Defense Officer Personnel Management Act (Public Law 96-513; 94 Stat. 2835); (B) combining active and reserve components in a new, single Space Component and whether a similar outcome could be achieved using the existing active and reserve component frameworks with modest statutory changes to allow reserve officers to serve on sustained active duty; (C) creating career flexibility for reserve members of the Space Component, including in shifting retirement points earned from one year to the next and allowing members of the Space Component to move back and forth between active and reserve status for prolonged periods of time across a career; (2) the implications of the proposed reorganization of the Space Force on the development of space as a warfighting domain in the profession of arms, particularly with respect to officer leadership, development, and stewardship of the profession; (3) whether existing government ethics regulations are adequate to address potential conflicts of interest for Space Component officers who seek to move back and forth between sustained active duty and working for private sector organizations in the space industry as reserve officers in the Space Component; (4) whether the proposed Space Component framework is consistent with the joint service requirements of chapter 38 of title 10, United States Code; (5) budgetary implications of the establishment of the Space Component; (6) the nature of the relationship with private industry and civilian employers that would be required and consistent with professional ethics to successfully implement the Space Component; and (7) any other issues the Secretary or the federally funded research and development center considers relevant. (c) Diversity and Inclusion.--The study referred to in subsection (a) shall include an assessment of the proposed reorganization of the Space Force and the establishment of the Space Component on advancing diversity and inclusion in the Space Component. (d) Limitation on Delegation.--The authority of the Secretary to enter into a contract under subsection (a) may not be delegated below the level the Under Secretary of Defense for Personnel and Readiness. (e) Report Required.--Not later than December 31, 2023, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in subsection (a). TITLE X--GENERAL PROVISIONS Subtitle A--Financial Matters SEC. 1001. GENERAL TRANSFER AUTHORITY. (a) Authority To Transfer Authorizations.-- (1) Authority.--Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2023 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation.--Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations.--A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations.--The authority provided by subsection (a) to transfer authorizations-- (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on Authorization Amounts.--A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress.--The Secretary shall promptly notify Congress of each transfer made under subsection (a). SEC. 1002. REPORT ON BUDGETARY EFFECTS OF INFLATION. (a) Annual Report.--Not later than 30 days following the submission of the President`s budget under section 1105 of title 31, United States Code, the Secretary of Defense shall deliver to the congressional defense committees a report on observed and anticipated budgetary effects related to inflation, including-- (1) the relevant inflation index used and the estimated and actual inflationary budgetary effects by sub-appropriation account for the previous two fiscal years and the current budget year; (2) the enacted or requested appropriation amount by sub- appropriation; (3) a calculation of estimated budgetary effects due to inflation using the previous fiscal year`s estimated indices compared to those of the current fiscal year; (4) a summary of any requests for equitable adjustment, exercising of economic price adjustment (EPA) clauses, or bilateral contract modifications to include an EPA, including the contract type and fiscal year and type and amount of appropriation used for the contract; (5) a summary of any methodological changes in Department of Defense cost estimation practices for inflationary budgetary effects; and (6) any other matters the Secretary determines appropriate. (b) Periodic Briefing.--Not later than 60 days following the conclusion of the Department of Defense budget mid-year review, the Secretary of Defense shall provide the congressional defense committees with a briefing on-- (1) any changes in the observed or anticipated inflation indices included in the report required under subsection (a); (2) any actions taken by the Department of Defense to respond to changes discussed in such report, with specific dollar value figures; and (3) any requests for equitable adjustment received by the Department of Defense, economic price adjustment clauses exercised, or bilateral contract modifications to include an EPA made since the transmission of the report required under subsection (a). Subtitle B--Counterdrug Activities SEC. 1011. EXTENSION OF AUTHORITY AND ANNUAL REPORT ON UNIFIED COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal [[Page S6123]] Year 2005 (Public Law 108-375; 118 Stat. 2042), as most recently amended by section 1007 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1889), is further amended-- (1) in subsection (a)(1), by striking ``2023`` and inserting ``2024``; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``2023`` and inserting ``2024``; and (3) by adding at the end the following: ``(h) Annual Report on Plan Colombia.--During each of fiscal years 2023 and 2024, the Secretary of Defense shall submit to Congress 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).``. Subtitle C--Naval Vessels SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION PLAN. Section 231(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ``(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, a detailed plan that includes a description of specific impacts with respect to the transition of such class and the associated industrial base to a new program, a modified existing program, or no program. Each plan required by the preceding sentence shall include a detailed schedule with planned decision points, solicitations, and contract awards.``. SEC. 1022. AMPHIBIOUS WARSHIP FORCE STRUCTURE. Section 8062 of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) in the first sentence, by inserting ``and not less than 31 operational amphibious warfare ships, of which not less than 10 shall be amphibious assault ships`` before the period; and (B) in the second sentence-- (i) by inserting ``or amphibious warfare ship`` before ``includes``; and (ii) by inserting ``or amphibious warfare ship`` before ``that is temporarily unavailable``; (2) in subsection (e)-- (A) in paragraph (2) by striking ``; and`` and inserting a semicolon; (B) in paragraph (3) by striking the period at the end and inserting ``; and``; and (C) by adding at the end the following new paragraph: ``(4) the Navy adjusts scheduled maintenance and repair actions to maintain a minimum of 24 amphibious warfare ships operationally available for worldwide deployment.``; and (3) by adding at the end the following new subsection: ``(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).``. SEC. 1023. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR INACTIVATING A BATTLE FORCE SHIP BEFORE THE END OF EXPECTED SERVICE LIFE. (a) In General.--Section 8678a(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by inserting ``with the budget materials submitted by the President under section 1105(a) of title 31, United States Code, for the fiscal year in which such waiver is sought`` after ``such ship``; and (2) in paragraph (2), by striking ``such certification was submitted`` and inserting ``the National Defense Authorization Act for such fiscal year is enacted``. (b) No Effect on Certain Ships.--The amendments made by subsection (a) shall have no effect on battle force ships (as defined in section 8678a(e) of title 10, United States Code) proposed for decommissioning or inactivation in fiscal year 2023. SEC. 1024. CONTRACT REQUIREMENTS RELATING TO MAINTENANCE AND MODERNIZATION AVAILABILITIES FOR CERTAIN NAVAL VESSELS. (a) Submarine Maintenance and Modernization Availabilities.--The Secretary of the Navy may only enter into a contract with a private entity for a maintenance and modernization availability for a fast attack submarine that requires drydocking the submarine if the following conditions are met: (1) The submarine is a Virginia-class submarine. (2) The submarine has not conducted a previous drydock availability. (3) The work package for the contract is sufficiently detailed and provided to the private entity with sufficient time to enable a high-confidence contracting strategy for-- (A) planning; (B) material procurement; (C) cost; (D) schedule; and (E) performance. (4) At least 70 percent of the work package for the contract is common to the work packages for previous contracts entered into under this subsection. (b) Surface Ship Maintenance and Modernization Availabilities.--In awarding contracts for maintenance and modernization availabilities for surface ships, issuing task orders for such availabilities, or carrying out other contracting actions with respect to such availabilities, the Secretary of the Navy may not limit evaluation factors to price only. SEC. 1025. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS. None of the funds authorized to be appropriated by this Act for fiscal year 2023 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: (1) USS Vicksburg (CG 69). (2) USS Sioux City (LCS 11). (3) USS Wichita (LCS 13). (4) USS Billings (LCS 15). (5) USS Indianapolis (LCS 17). (6) USS St. Louis (LCS 19). (7) USS Germantown (LSD 42). (8) USS Gunston Hall (LSD 44). (9) USS Tortuga (LSD 46). (10) USS Ashland (LSD 48). (11) USNS Montford Point (T-ESD 1). (12) USNS John Glenn (T-ESD 2). Subtitle D--Counterterrorism SEC. 1031. MODIFICATION AND EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES. Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1032 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended-- (1) by striking ``December 31, 2022`` and inserting ``December 31, 2023``; (2) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (3) by inserting before paragraph (2), as so redesignated, the following new paragraph: ``(1) Afghanistan.``. SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO THE UNITED STATES. Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as most recently amended by section 1033 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``. SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as most recently amended by section 1034 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by striking ``December 31, 2022`` and inserting ``December 31, 2023``. SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended by section 1035 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1901), is further amended by striking ``2022`` and inserting ``2023``. Subtitle E--Miscellaneous Authorities and Limitations SEC. 1041. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS DISCHARGE REVIEW BOARD COMMITTEE. (a) Establishment of Joint Executive Committee.-- (1) In general.--There is established an interagency committee to advise the Under Secretary of Defense for Personnel and Readiness and the Deputy Secretary of Veterans Affairs on matters relating to the review boards under section 1553 of title 10, United States Code. (2) Designation.--The interagency committee established under paragraph (1) shall be known as the ``Department of Defense-Department of Veterans Affairs Discharge Review Board Committee`` (hereinafter in this section referred to as the ``Committee``). (b) Membership.--The Committee shall be composed of the following: (1) The Under Secretary of Defense for Personnel and Readiness, the Assistant Secretary of Manpower and Reserve Affairs for each of the military services, and such other officers and employees of the Department of Defense as the Secretary of Defense may designate. (2) The Deputy Secretary of Veterans Affairs and such other officers and employees of the Department of Veterans Affairs as the Secretary of Veterans Affairs may designate. [[Page S6124]] (c) Administrative Matters.-- (1) In general.--The Under Secretary and the Deputy Secretary shall jointly determine the size and structure of the Committee, as well as the administrative and procedural guidelines for the operation of the Committee. (2) Subcommittees.--The Committee may establish subcommittees to assist the Committee in carrying out subsections (d) and (e), including the following: (A) A subcommittee on outreach and education. (B) A subcommittee on training for members of the review boards under section 1553 of title 10, United States Code. (3) Support.--The Under Secretary and the Deputy Secretary shall jointly supply appropriate staff and resources to provide administrative support and services for the Committee. Support for such purposes shall be provided at a level that the Under Secretary and the Deputy Secretary jointly determine sufficient for the efficient operation of the Committee, including any subcommittees established under paragraph (2). (d) Recommendations.-- (1) In general.--The Committee shall provide the Secretary of Defense and the Secretary of Veterans Affairs with recommendations on the strategic direction for the joint coordination and sharing efforts between and within the Department of Defense and the Department of Veterans Affairs on matters regarding the review boards described in subsection (a)(1). (2) Annual report.--Not less frequently than once each year, the Committee shall submit to the two Secretaries and to Congress an annual report containing such recommendations regarding the review boards described in subsection (a)(1) as the Committee considers appropriate. (e) Functions.--In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: (1) Review existing policies, procedures, and practices regarding reviews under section 1553 of title 10, United States Code, with respect to matters that pertain to the coordination and sharing of resources between the Department of Defense and the Department of Veterans Affairs. (2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments, with the goal of improving the quality, efficiency, and effectiveness of the review boards under section 1553 of such title for veterans, members of the Armed Forces, individuals who retired from service in the Armed Forces, and their families through an enhanced partnership between the two Departments. (3) Identify and assess further opportunities for the coordination and collaboration between the Departments that, in the judgment of the Committee, would positively affect the review process under section 1553 of such title. (4) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments for matters relating to the review process under section 1553 of such title. (5) Identify and assess strategies, which either or both Departments may implement, that would increase outreach to former members of the Armed Forces described in subsection (d)(3)(B) of section 1553 of such title who may qualify for relief under such section. SEC. 1042. MODIFICATION OF PROVISIONS RELATING TO CROSS- FUNCTIONAL TEAM FOR EMERGING THREAT RELATING TO ANOMALOUS HEALTH INCIDENTS. Section 910 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 111 note) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``and any other`` and all that follows through ``necessary; and`` and inserting ``, including the causation, attribution, mitigation, identification, and treatment for such incidents;``; (B) in paragraph (2)-- (i) by inserting ``and deconflict`` after ``integrate``; (ii) by striking ``agency`` and inserting ``agencies``; and (iii) by striking the period at the end and inserting ``; and``; and (C) by adding at the end the following new paragraph: ``(3) any other efforts regarding such incidents that the Secretary considers appropriate.``; and (2) in subsection (e)(2), by striking ``90 days`` and all that follows through ``of enactment`` and inserting ``March 1, 2023, and not less frequently than once every 180 days thereafter until March 1, 2026``. SEC. 1043. CIVILIAN CASUALTY PREVENTION, MITIGATION, AND RESPONSE. (a) Establishment of Office for Civilian Casualty Prevention, Mitigation, and Response.-- (1) In general.--Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 148. Office for Civilian Casualty Prevention, Mitigation, and Response ``(a) Establishment.--The Secretary of Defense shall establish an office within the Department of Defense, to be known as the `Office for Civilian Casualty Prevention, Mitigation, and Response` (in this section referred to as the `Office`), to 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. ``(b) Responsibilities.--Subject to the authority, direction, and control of the Secretary, the Office shall be responsible for-- ``(1) collecting data and reports of investigations related to civilian casualty incidents; ``(2) analyzing data and trends with respect to civilian casualties; ``(3) conducting regular reviews of civilian harm prevention, mitigation, and response policies and practices across the Department of Defense; ``(4) referring civilian casualty incidents for investigation by appropriate components within the Department of Defense, when necessary; ``(5) making recommendations to the Secretary and the Joint Chiefs of Staff to improve civilian harm prevention, mitigation, and response; ``(6) ensuring lessons learned from investigations of civilian casualty incidents are captured and institutionalized within policy, training, and tactics, techniques, and procedures of the Department of Defense; ``(7) coordinating and synchronizing efforts across combatant commands, the Department of State, and other relevant United States Government departments and agencies to prevent, mitigate, and respond to civilian casualty incidents; ``(8) engaging with nongovernmental organizations and civilian casualty experts; and ``(9) such other responsibilities as are directed by the Secretary. ``(c) Director.--The head of the Office shall be the Director, who shall be appointed by the Secretary from among individuals qualified to serve as the Director who have significant experience and expertise relating to the protection of civilians. ``(d) Analysis Required.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Office shall complete and submit to the Secretary an analysis of a representative sample of civilian casualty assessment reports and other reports of investigations of civilian casualty incidents on or after August 1, 2014-- ``(A) to identify trends in civilian casualty incidents; ``(B) to identify factors contributing to civilian casualties; ``(C) to capture lessons learned from civilian casualty incidents; and ``(D) to evaluate the extent to which such lessons have been incorporated into policy, training, and tactics, techniques, and procedures of the Department of Defense. ``(2) Recommendations.--The analysis required by paragraph (1) shall include recommendations to the Secretary for improving civilian harm prevention, mitigation, and response. ``(e) Semiannual Reports.--Not later than 180 days after the date of the enactment of this section, and every 180 days thereafter until the date is 2 years after such date of enactment, the Director shall submit to the congressional defense committees a report on the status of the implementation by the Department of Defense of recommendations included in-- ``(1) the Civilian Casualty Review released by the Joint Staff in April 2018; ``(2) the independent assessment of Department of Defense standards, processes, procedures, and policy relating to civilian casualties resulting from United States military operations required by section 1721 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1809); and ``(3) the Civilian Harm Mitigation and Response Action Plan the Secretary of Defense directed to be developed on January 27, 2022.``. (2) Clerical amendment.--The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item: ``148. Office for Civilian Casualty Prevention, Mitigation, and Response. (b) Limitation on Use of Funds.--Of the amount authorized to be appropriated by section 301 for operation and maintenance, Defense-wide, and available as specified in the funding table in section 4301 for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the report required by section 1077 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3867) relating to civilian casualty resourcing and authorities. SEC. 1044. PROHIBITION ON DELEGATION OF AUTHORITY TO DESIGNATE FOREIGN PARTNER FORCES AS ELIGIBLE FOR THE PROVISION OF COLLECTIVE SELF-DEFENSE SUPPORT BY UNITED STATES ARMED FORCES. (a) Prohibition on Delegation.--The authority to designate foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces may not be delegated below the Secretary of Defense. (b) Review.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall review existing [[Page S6125]] designations of foreign partner forces as eligible for the provision of collective self-defense support by the United States Armed Forces and provide the congressional defense committees a certification that such designations remain valid. (c) Rule of Construction.--Nothing in this section shall be construed as invalidating a designation of foreign partner forces as eligible for the provision of collective self- defense support by the United States Armed Forces that is in effect as of the date of the enactment of this Act. (d) Collective Self-defense Defined.--In this section, the term ``collective self-defense`` means the use of United States military force to defend designated foreign partner forces, their facilities, and their property. SEC. 1045. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND LOW INTENSITY CONFLICT. (a) Plan Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for adequately staffing the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to fulfill the requirements of section 138(b)(2)(A)(i) of title 10, United States Code, for exercising authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces. (b) Additional Information.--The Secretary shall ensure the plan required under subsection (a) is informed by the manpower study required by the Joint Explanatory Statement accompanying the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81). (c) Elements.--The plan required under subsection (a) shall include the following elements: (1) A validated number of personnel necessary to fulfill the responsibilities of the Secretariat for Special Operations outlined in section 139b of title 10, United States Code, and associated funding across the future years defense plan. (2) A hiring plan with milestones for gradually increasing the number of required personnel. (3) A breakdown of the optimal mix of required military, civilian, and contractor personnel. (4) An analysis of the feasibility and advisability of assigning a member of the Senior Executive Service as the Deputy Director of the Secretariat for Special Operations. (5) An identification of any anticipated funding shortfalls for personnel supporting the Secretariat for Special Operations across the future years defense plan. (6) Any other matters the Secretary determines relevant. SEC. 1046. JOINT ALL DOMAIN COMMAND AND CONTROL. (a) Direction and Control of Cross-functional Team for Joint All Domain Command and Control.--The cross-functional team (CFT) tasked with joint all domain command and control (JADC2) shall remain under the direction of the Director, Information, Command, Control, Communications and Computers (IC4) of the Joint Chiefs of Staff to ensure-- (1) close collaboration with the Joint Requirements Oversight Council, the combatant commands, and the military services regarding operational requirements and requirements satisfaction; and (2) objective assessments and reporting to the Deputy Secretary of Defense and the Vice Chairman of the Joint Chiefs of Staff about Joint All Domain Command and Control implementation plan execution by offices of primary responsibility. (b) Demonstrations and Fielding of Effects Chains.--In support of the emphasis of the National Defense Strategy on adversary-specific deterrence postures, in support of actions that can be taken within the Future Years Defense Program focused on critical kill chains and integrated concepts of operation, in support of demonstrations and experimentation, and to achieve objectives of the joint all domain command and control strategy and implementation plan that was approved by the Deputy Secretary of Defense in the United States Indo- Pacific Command area of operations, the Deputy Secretary and the Vice Chairman of the Joint Chiefs of Staff shall take the following actions: (1) In consultation with the Commander of United States Indo-Pacific Command (INDOPACOM)-- (A) identify a prioritized list of difficult mission- critical operational challenges specific to the area of operations of such command; (B) design, using existing systems and capabilities and resource through the Office of Cost Analysis and Program Evaluation and the Management Action Group of the Deputy Secretary, a series of multi-domain, multi-service and multi- agency, multi-platform, and multi-system end-to-end integrated kinetic and non-kinetic effects chains, including necessary battle management functions, to solve the operational challenges identified in subparagraph (A); (C) using mission command principles of joint all domain command and control, demonstrate the ability to execute the integrated effects chains identified in subparagraph (B) in realistic conditions on a repeatable basis, including the ability to achieve interoperability among effects chain components that do not conform to common interface standards, including through the use of the System of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (STITCHES) managed by the 350th Spectrum Warfare Wing of the Department of the Air Force; and (D) create a plan to deploy the effects chains to the area of operations of United States Indo-Pacific Command and execute them at the scale and pace required to solve the identified operational challenges, including necessary logistics and sustainment capabilities. (2) Designate the Commander of United States Indo-Pacific Command to serve as the transition partner for the integrated effects chains, and to maintain and exercise them as operational capabilities. (3) Designate the Strategic Capabilities Office and such other organizations as the Deputy Secretary deems appropriate to be responsible for-- (A) composing and demonstrating the integrated effects chains under the mission management pilot program established by section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81); and (B) providing continuing support and sustainment for, and training and exercising of, the integrated effects chains under the operational command of the Commander of United States Indo-Pacific Command. (4) Integrate the planning and demonstrations of the effects chains with-- (A) the Production, Exploitation, and Dissemination Center in United States Indo-Pacific Command; (B) the Family of Integrated Targeting Cells; and (C) the tactical dissemination and information sharing systems for the Armed Forces and allies of the United States, including the Mission Partner Environment and the Maven Smart System. (c) Performance Goals.--The Deputy Secretary, the Vice Chairman, and the Commander shall seek to-- (1) demonstrate at least one new integrated effects chain on a quarterly basis, beginning with the third quarter of fiscal year 2023; and (2) include such demonstrations, as feasible, in Valiant Shield, Northern Edge, the Large Scale Global Exercise, the quarterly Scarlet Dragon exercises, the Global Information Dominance Experiments (GIDE), and annual force exercises in the area of responsibility of United States Indo-Pacific Command. (d) Implementation Plan and Establishment of Joint Force Headquarters.-- (1) Implementation plan.--Not later than 180 days after the date of the enactment of this Act, the Commander, in consultation and coordination with the Deputy Secretary and the Vice Chairman, shall submit to the congressional defense committees an implementation plan for the establishment of a joint force headquarters to serve as an operational command, including for -- (A) integrating joint all domain command and control effects chains and mission command and control, including in conflicts that arise with minimal warning; (B) integrating the capabilities of Assault Breaker II, developed by the Defense Advanced Research Projects Agency, and related developmental efforts as they transition to operational deployment; (C) exercising other joint all domain command and control capabilities and functions; and (D) such other missions and operational tasks as the Commander may assign. (2) Elements.--The plan shall required by paragraph (1) shall include the following: (A) A description of the operational chain of command of the joint force headquarters to be established. (B) An identification of the manning and resourcing required for the joint force headquarters, relative to assigned missions, particularly the sources of personnel required. (C) A description of the mission and lines of effort of the joint force headquarters. (D) A description of the relationship with existing entities in United States Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. (E) An identification of infrastructure required to support the joint force headquarters. (F) Such other matters as the Commander considers appropriate. (3) Establishment.--Not later than October 1, 2024, the Commander shall, in consultation and coordination with the Deputy Secretary and the Vice Chairman, establish a joint force headquarters as described in paragraph (1). (e) Support for Joint Force Headquarters.--The commander of the joint force headquarters established under subsection (d)(3) shall be supported by the United States Indo-Pacific Command subordinate unified commands, subordinate component commands, standing joint task force, and the military services. (f) Annual Report Required.-- (1) In general.--Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter until December 31, 2028, the Deputy Secretary and Vice Chairman, in coordination with the Commander of the United States Indo-Pacific Command, and the commander of the joint force headquarters established under subsection (d)(3), shall submit [[Page S6126]] to the congressional defense committees an annual report on such joint force headquarters. (2) Contents.--Each report submitted under paragraph (1) shall include the following: (A) A description of the mission and lines of effort of the joint force headquarters. (B) An accounting of the personnel and other resources supporting the joint force headquarters, including support external to the headquarters. (C) A description of the operational chain of command of the joint force headquarters. (D) An assessment of the manning and resourcing of the joint force headquarters, relative to assigned missions. (E) A description of the relationship with existing entities in Indo-Pacific Command, including an assessment of complementary and duplicative activities with such entities and the joint force headquarters. (3) Form.--Each report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (g) Definitions.--In this section: (1) The term ``Family of Integrated Targeting Cells`` means the Maritime Targeting Cell-Afloat, the Maritime Targeting Cell-Expeditionary, the Tactical Intelligence Targeting Access Node, and other interoperable tactical ground stations able to task the collection of, receive, process, and disseminate track and targeting information from many sensing systems in austere communications conditions. (2) The term ``joint all domain command and control`` means the warfighting capability to sense, make sense, and act at all levels and phases of war, across all domains, and with partners, to deliver information advantage at the speed of relevance. (3) The term ``mission command`` means pre-determined, pre- approved, operational event-driven authorities and capabilities that ensure decentralized mission execution and operational effectiveness during situations where communications are denied, disconnected, intermittent, and limited. SEC. 1047. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H-2B WORKERS. Section 6(b)(1)(B) of the Joint Resolution entitled ``A Joint Resolution to approve the `Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America`, and for other purposes``, approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in the matter preceding clause (i), by striking ``December 31, 2023`` and inserting ``December 31, 2029``. SEC. 1048. DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL AUTHORITIES TO ADDRESS THE ILLEGAL IMMIGRATION CRISIS AT THE SOUTHWEST BORDER. (a) Findings.--Congress finds the following: (1) The Department of Defense has provided critical support to U.S. Customs and Border Protection along the southwest border. (2) The Department of Defense`s presence along the southwest border assisted U.S. Customs and Border Protection in deterring illegal crossings at the southwest border. (b) Sense of the Senate.--It is the sense of the Senate that-- (1) Department of Defense personnel have provided outstanding support to U.S. Customs and Border Protection along the southwest border; and (2) the Department of Defense`s Support of Civil Authority Mission has significantly contributed to mitigating the impact of the current security challenges along the southwest border of the United States. (c) Quarterly Briefings.--Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter through December 31, 2024, the Undersecretary of Defense for Policy shall provide an unclassified briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, with a classified component, if necessary, regarding-- (1) Department of Defense planning to address current and anticipated border support mission requirements as part of the Department of Defense`s annual planning, programming, budgeting, and execution process; (2) the security situation along the southwest border of the United States; (3) any Department of Defense efforts, or updates to existing efforts, to cooperate with Mexico with respect to border security; (4) the type of support that is currently being provided by the Department of Defense along the southwest border of the United States; (5) the impact of such efforts and support on National Guard readiness; and (6) any recommendations for whether the southwest border mission of the Department of Defense should be expanded to respond to the security situation referred to in paragraph (2). SEC. 1049. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND MEMORIAL EVENTS FOR MEMBERS AND FORMER MEMBERS OF CONGRESS. (a) In General.--Chapter 3 of title 10, United States Code, is amended by inserting after section 130 the following new section: ``Sec. 130a. Department of Defense support for funerals and related memorial events for Members and former Members of Congress ``(a) Support for Funerals.--The Secretary of Defense may provide such support as the Secretary considers appropriate for the funeral or related memorial events of a Member or former Member of Congress, including support with respect to transportation to and from the funeral or other memorial events, 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 operations and maintenance to provide support under this section.``. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 130 the following new item: ``130a. Department of Defense support for funerals and memorial events for Members and former Members of Congress. SEC. 1050. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF GIFTS BY MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND COAST GUARD EMPLOYEES AND THEIR FAMILIES. Section 2601a of title 10, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (2), by striking ``; or`` and inserting a semicolon; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following new paragraph: ``(3) that results in enrollment in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note); or``; and (2) in subsection (c), by striking ``or (3)`` and inserting ``, (3), or (4)``. SEC. 1051. TECHNICAL AMENDMENTS RELATED TO RECENTLY ENACTED COMMISSIONS. (a) Assistance From Department of Defense.--The Department of Defense may provide to each covered commission on a reimbursable basis such services, funds, facilities, staff, and other support services as necessary for the performance of such commission`s functions, at the request of such commission, and amounts may be paid to a covered commission for the purposes of funding such commission from amounts appropriated to the Department of Defense, as provided in advance in appropriations Acts. (b) Covered Commission Defined.--In this section , the term ``covered commission`` means a commission established pursuant to the following sections of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81): (1) Section 1004 (Commission on Planning, Programming, Budgeting, and Execution Reform). (2) section 1091 (National Security Commission on Emerging Biotechnology). (3) section 1094 (Afghanistan War Commission). (4) section 1095 (Commission on the National Defense Strategy). (5) section 1687 (Congressional Commission on the Strategic Posture of the United States). Subtitle F--Studies and Reports SEC. 1061. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND UNCLASSIFIED FORM. Section 113(g)(1)(D) of title 10, United States Code, is amended by striking ``in classified form with an unclassified summary.`` and inserting ``in both classified and unclassified form. The unclassified form may not be a summary of the classified document.``. SEC. 1062. REPORT ON IMPACT OF CERTAIN ETHICS REQUIREMENTS ON DEPARTMENT OF DEFENSE HIRING, RETENTION, AND OPERATIONS. (a) Study.-- (1) In general.--The Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to conduct a study assessing whether the statutory ethics requirements unique to the Department of Defense and as set forth in paragraph (3) have had an impact on the hiring or retention of personnel at the Department of Defense, particularly those with specialized experience or training. (2) Elements.--The study required under paragraph (1) shall include the following elements: (A) An examination of how the statutory ethics requirements set forth in paragraph (3) are inconsistent or incongruent with ethics statutes that apply to all executive branch employees. (B) An examination of how the statutory ethics requirements set forth in paragraph (3) have impacted hiring and retention of personnel, particularly those with specialized experience or training, at the Department of Defense in comparison to other executive branch agencies not subject to such requirements. (C) An examination of how any confusion in the interpretation of the statutory ethics [[Page S6127]] requirements set forth in paragraph (3)(B) may have impacted the hiring or retention of personnel, particularly those with specialized experience or training, at the Department of Defense. (D) An examination of how the statutory restrictions set forth in subparagraphs (B) and (C) of paragraph (3) may impact the ability of the Department of Defense to obtain expertise from industry and other groups in support of technology development, supply chain security, and other national security matters. (E) Any suggested changes to the statutory ethics requirements set forth in paragraph (3) to further the goals behind the requirements while also supporting the Department of Defense`s ability to hire and retain personnel, and obtain expertise from academia, think tanks, industry, and other groups to support national security. (3) Covered ethics requirements.--The ethics requirements referred to in paragraph (1) are the following provisions of law: (A) Section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 note). (B) Section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 971 note prec.). (C) Section 1117 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 971 note prec.). (D) Section 988 of title 10, United States Code. (b) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the federally funded research and development center with which the Secretary contracts under subsection (a) shall submit to the Secretary a report containing the results of the study conducted pursuant to that subsection. (2) Transmittal to congress.--Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit a copy of the report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. SEC. 1063. EXTENSION OF CERTAIN REPORTING DEADLINES. (a) Commission on Planning, Programming, Budgeting, and Execution Reform.--Section 1004(g) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1886) is amended-- (1) in paragraph (1), by striking ``February 6, 2023`` and inserting ``August 6, 2023``; and (2) in paragraph (2), by striking ``September 1, 2023`` and inserting ``March 1, 2024``. (b) National Security Commission on Emerging Biotechnology.--Section 1091(g) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1931) is amended-- (1) in paragraph (1), by striking ``2 years after`` and inserting ``2 years and 6 months after``; and (2) in paragraph (2), by striking ``1 year after`` and inserting ``1 year and 6 months after``. (c) Commission on the National Defense Strategy.--Section 1095(g) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1945) is amended-- (1) in paragraph (1), by striking ``one year after`` and inserting ``one year and 6 months after``; and (2) in paragraph (2), by striking ``180 days after`` and inserting ``one year after``. (d) Congressional Commission on the Strategic Posture of the United States.--Section 1687(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2128) is amended-- (1) in paragraph (1), by striking ``December 31, 2022`` and inserting ``June 30, 2023``; and (2) in paragraph (3), by striking ``180 days after`` and inserting ``one year after``. Subtitle G--Other Matters SEC. 1071. ANNUAL RISK ASSESSMENT. Section 222a of title 10, United States Code, is amended-- (1) in the section heading, by inserting ``and risk assessment`` after ``priorities``; (2) in subsection (a), by inserting ``and risk assessment`` after ``priorities``; (3) in subsection (c)-- (A) in the subsection heading, by striking ``Elements`` and inserting ``Unfunded Priority Report Elements``; and (B) by striking ``report under this subsection`` and inserting ``unfunded priority report required under subsection (a)``; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Risk Assessment Elements.--Each risk assessment required under subsection (a) shall specify, in writing, the following: ``(1) An assessment of the risks associated with the most current National Military Strategy (or update) under section 153(b)(1) of this title. ``(2) Any changes to the strategic environment, threats, objectives, force planning and sizing constructs, assessments, and assumptions. ``(3) Military strategic risks to United States interests and military risks in executing the National Military Strategy (or update). ``(4) Identification and definition of levels of risk, including an identification of what constitutes `significant` risk in the judgment of the officer. ``(5) Identification and assessment of risk in the National Military Strategy (or update) by category and level and the ways in which risk might manifest itself, including how risk is projected to increase, decrease, or remain stable over time. ``(6) For each category of risk, an assessment of the extent to which current or future risk increases, decreases, or is stable as a result of budgetary priorities, tradeoffs, or fiscal constraints or limitations as currently estimated and applied in the current future-years defense program under section 221 of this title. ``(7) Identification and assessment of risks associated with the assumptions or plans of the National Military Strategy (or update) about the contributions of external support, as appropriate. ``(8) Identification and assessment of the critical deficiencies and strengths in force capabilities (including manpower, logistics, intelligence, and mobility support) and identification and assessment of the effect of such deficiencies and strengths for the National Military Strategy (or update). ``(9) Identification and assessment of risk resulting from, or likely to result from, current or projected effects on military installation resilience.``. SEC. 1072. JOINT CONCEPT FOR COMPETING. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Joint Concept for Competing. (b) Purposes.--The purposes of the Joint Concept for Competing are to-- (1) define the role of the United States Armed Forces in long-term strategic competition with specific adversaries; (2) conceptualize the campaigning of Department of Defense joint forces and employment of capabilities to eliminate opportunities for adversary aggression during day-to-day competition, deter adversary military action, and set conditions for victory during sustained conflict; (3) describe the manner in which the Department of Defense will utilize its forces, capabilities, posture, indications and warning systems, and authorities to protect United States national interests, including integration with other instruments of national power and through security cooperation with partners and allies and operations, particularly below the threshold of traditional armed conflict; (4) identify priority lines of effort and assign responsibility to relevant military services, combatant commands, and other elements of the Department of Defense for each specified line of effort in support of the Joint Concept for Competing; and (5) provide a means for integrating and continuously improving the Department`s ability to engage in long-term strategic competition. (c) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for 2 years, the Secretary of Defense shall provide a report to the congressional defense committees on the implementation of the Joint Concept for Competing. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A detailed description of actions taken by the Department of Defense relative to the purposes specified under subsection (b). (B) An articulation of any new concepts or strategies necessary to support the Joint Concept for Competing. (C) An articulation of any capabilities, resources, or authorities necessary to implement the Joint Concept for Competing. (D) An explanation of the manner in which the Joint Concept for Competing relates to and integrates with the Joint Warfighting Concept. (E) An explanation of the manner in which the Joint Concept for Competing synchronizes and integrates with efforts of other departments and agencies of the United States Government to address long-term strategic competition. (F) Any other matters the Secretary of Defense determines relevant. SEC. 1073. PRIORITIZATION AND ACCELERATION OF INVESTMENTS TO ATTAIN THREAT MATRIX FRAMEWORK LEVEL 4 CAPABILITY AT TRAINING RANGES SUPPORTING F-35 OPERATIONS. (a) Sense of Congress.--It is the sense of the Senate that-- (1) the Air Force must train to fight and win in highly contested and competitive environments against technologically advanced adversaries; (2) in order for the Air Force to be proficient in tactics, techniques, and procedures and effectively execute at an operational level, the Air Force must train in an accurately replicated multi-domain environment for joint operations; (3) the Air Force can emulate only a fraction of existing and emerging threats to a level suitable for advanced sensors and cannot provide a contested or degraded environment with the threats available at the two major training ranges of the Air Force; and (4) since the Secretary of the Air Force says the Air Force cannot afford to allocate advanced capabilities across all ranges, the Air Force must prioritize developments and upgrades for ranges to ensure that one or more ranges have a complete suite of capability to conduct advanced F-35 training. (b) Upgrade of Facilities.-- [[Page S6128]] (1) In general.--The Secretary of the Air Force shall prioritize and accelerate investments to develop and upgrade one or more ranges to attain threat matrix framework level 4 capability, such as peer capability, by not later than fiscal year 2026. (2) Elements.--In carrying out paragraph (1), the Secretary of the Air Force shall prioritize-- (A) advanced radar threat systems; (B) live mission operations capability common architecture; (C) infrastructure, including roads, site preparation, secure facilities, power and communications infrastructure, and modernized range operations centers; (D) advanced integrated air defense systems; (E) air combat maneuvering instrumentation modernization; (F) global positioning system jamming suites; (G) contested-degraded operations jamming suites; (H) higher fidelity targets with more advanced characteristics; (I) modernized weapons scoring systems; and (J) secure, live-virtual-constructive advanced air combat training systems. SEC. 1074. MODIFICATION OF ARCTIC SECURITY INITIATIVE. Section 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended-- (1) in subparagraph (A), by striking ``the Secretary may`` and inserting ``the Secretary shall``; and (2) in subparagraph (B)(i), by striking ``If the Initiative is established`` and inserting ``On the establishment of the Initiative``. SEC. 1075. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED FIREARMS. (a) Establishment.--The Secretary of Defense shall establish a pilot program to promote the safe storage of personally owned firearms. (b) Elements.--Under the pilot program under subsection (a), the Secretary of Defense shall furnish to members of the Armed Forces who are participating in the pilot program at military installations selected under subsection (e) locking devices or firearm safes, or both, for the purpose of securing personally owned firearms when not in use (including by directly providing, subsidizing, or otherwise making available such devices or safes). (c) Participation.-- (1) Voluntary participation.--Participation by members of the Armed Forces in the pilot program under subsection (a) shall be on a voluntary basis. (2) Location of participants.--A member of the Armed Forces may participate in the pilot program under subsection (a) carried out at a military installation selected under subsection (e) regardless of whether the member resides at the military installation. (d) Plan.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for the implementation of the pilot program under subsection (a). (e) Selection of Installations.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than five military installations at which to carry out the pilot program under subsection (a). (f) Effect on Existing Policies.--Nothing in this section shall be construed to circumvent or undermine any existing safe storage policies, laws, or regulations on military installations. (g) Report.--Upon the termination under subsection (f) of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report containing the following information: (1) The number and type of locking devices and firearm safes furnished to members of the Armed Forces under the pilot program. (2) The cost of carrying out the pilot program. (3) An analysis of the effect of the pilot program on suicide prevention. (4) Such other information as the Secretary may determine appropriate, which shall exclude any personally identifiable information about participants in the pilot program. (h) Termination.--The pilot program under subsection (a) shall terminate on the date that is six years after the date of the enactment of this Act. SEC. 1076. SENSE OF THE SENATE ON REDESIGNATION OF THE AFRICA CENTER FOR STRATEGIC STUDIES AS THE JAMES M. INHOFE CENTER FOR AFRICA STRATEGIC STUDIES. It is the sense of the Senate that-- (1) Senator James M. Inhofe-- (A) has, during his more than three decades of service in the United States Congress-- (i) demonstrated a profound commitment to strengthening United States-Africa relations; and (ii) been one of the foremost leaders in Congress on matters related to United States-Africa relations; (B) was a key advocate for the establishment of United States Africa Command; and (C) has conducted 170 visits to countries in Africa; and (2) as a recognition of Senator Inhofe`s long history of engaging with, and advocating for, Africa, the Department of Defense Africa Center for Strategic Studies should be renamed the James M. Inhofe Center for Africa Strategic Studies. TITLE XI--CIVILIAN PERSONNEL MATTERS SEC. 1101. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN TIME-LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT APPOINTMENTS. Section 3304 of title 5, United States Code, is amended by adding at the end the following: ``(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.``. SEC. 1102. EMPLOYMENT AUTHORITY FOR CIVILIAN FACULTY AT CERTAIN MILITARY DEPARTMENT SCHOOLS. (a) Addition of Army University and Additional Faculty.-- (1) In general.--Section 7371 of title 10, United States Code, is amended-- (A) in subsection (a), by striking ``the Army War College or the United States Army Command and General Staff College`` and inserting ``the Army War College, the United States Army Command and General Staff College, and the Army University``; and (B) by striking subsection (c). (2) Conforming amendments.-- (A) Section heading.--The heading of such section is amended to read as follows: ``Sec. 7371. Army War College, United States Army Command and General Staff College, and Army University: civilian faculty members``. (B) Table of sections.--The table of sections at the beginning of chapter 747 of such title is amended by striking the item relating to section 7371 and inserting the following new item: ``7371. Army War College, United States Army Command and General Staff College, and Army University: civilian faculty members. (b) Naval War College and Marine Corps University.--Section 8748 of such title is amended by striking subsection (c). (c) Air University.--Section 9371 of such title is amended by striking subsection (c). SEC. 1103. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY MEMBERS AT INTER-AMERICAN DEFENSE COLLEGE. (a) In General.--Subsection (c) of section 1595 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(9) The United States Element of the Inter-American Defense College.``. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (a), by striking ``institutions`` and inserting ``organizations``; and (2) in subsection (c)-- (A) in the subsection heading, by striking ``Institutions`` and inserting ``Organizations``; and [[Page S6129]] (B) in the matter preceding paragraph (1), by striking ``institutions`` and inserting ``organizations``. SEC. 1104. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING. Section 4092 of title 10, United States Code, is amended-- (1) in subsection (a)(8), in the second sentence, by striking ``December 31, 2025`` and inserting ``December 31, 2030``; (2) in subsection (b)-- (A) in paragraph (1)(H)-- (i) by striking ``10 positions`` and inserting ``15 positions``; and (ii) by striking ``3 such positions`` and inserting ``5 such positions``; and (B) in paragraph (2)(A)-- (i) in the matter preceding clause (i), by striking ``paragraph (1)(B)`` and inserting ``subparagraphs (B) and (H) of paragraph (1)``; (ii) in clause (i)-- (I) by striking ``to any of`` and inserting ``to any of the``; and (II) by inserting ``and any of the 5 positions designated by the Director of the Space Development Agency`` after ``Projects Agency``; and (iii) in clause (ii), by striking ``the Director`` and inserting ``the Director of the Defense Advanced Research Projects Agency or the Director of the Space Development Agency``; and (3) in subsection (c)(2), by inserting ``the Space Development Agency,`` after ``Intelligence Center,``. SEC. 1105. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND TECHNOLOGY POSITIONS IN SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES. (a) In General.--Chapter 303 of title 10, United States Code, is amended by inserting after section 4093 the following new section: ``Sec. 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.``. (b) Clerical Amendment.--The table of sections at the beginning of chapter 303 of such title is amended by inserting after the item relating to section 4093 the following new item: ``4094. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. SEC. 1106. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON DYNAMIC SHAPING OF THE WORKFORCE TO IMPROVE THE TECHNICAL SKILLS AND EXPERTISE AT CERTAIN DEPARTMENT OF DEFENSE LABORATORIES. (a) Repeal of Obsolete Provision.--Section 1109(b)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92) is amended by striking subparagraph (D). (b) Extension of Authority.--Section 1109(d)(1) of such Act is amended by striking ``December 31, 2023`` and inserting ``December 31, 2027``. SEC. 1107. MODIFICATION OF EFFECTIVE DATE OF REPEAL OF TWO- YEAR PROBATIONARY PERIOD FOR EMPLOYEES. Section 1106 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1950) is amended-- (1) in subsection (a)(1), by striking ``December 31, 2022`` and inserting ``December 31, 2024``; and (2) in subsection (b), by adding at the end the following new paragraph: ``(3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on December 31, 2024.``. SEC. 1108. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS. Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4615), as most recently amended by section 1112 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1953), is further amended-- (1) by striking ``that is in the area of responsibility`` and all that follows through ``United States Africa Command,``; and (2) by striking ``through 2022`` and inserting ``through 2023``. SEC. 1109. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently amended by section 1114 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1954), is further amended by striking ``2023`` and inserting ``2024``. SEC. 1110. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETITIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL AGENCIES. (a) Extension of Sunset.--Subsection (e) of section 573 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 5 U.S.C. 3330d note) is amended, in the matter preceding paragraph (1), by striking ``the date that is 5 years after the date of the enactment of this Act`` and inserting ``December 31, 2028``. (b) Repeal of OPM Limitation and Reports.--Subsection (d) of such section is repealed. SEC. 1111. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE ACADEMY. (a) Establishment.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of Homeland Security and the Director of the Office of Personnel and Management, shall establish a program to provide financial support for pursuit of programs of education at institutions of high education in covered disciplines. (2) Covered disciplines.--For purposes of the Program, a covered discipline is a discipline that the Secretary of Defense determines is critically needed and is cyber- or digital technology-related, including the following: (A) Computer-related arts and sciences. (B) Cyber-related engineering. (C) Cyber-related law and policy. (D) Applied analytics related sciences, data management, and digital engineering, including artificial intelligence and machine learning. (E) Such other disciplines relating to cyber, cybersecurity, digital technology, or supporting functions as the Secretary of Defense considers appropriate. (3) Designation.--The program established under paragraph (1) shall be known as the ``Department of Defense Cyber and Digital Service Academy`` (in this section the ``Program``). (b) Program Description and Components.--The Program shall-- (1) provide scholarships through institutions of higher education to students who are enrolled in programs of education at such institutions leading to degrees or specialized program certifications in covered disciplines; and (2) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section. (c) Scholarship Amounts.-- (1) Amount of assistance.--(A) Each scholarship under the Program shall be in such amount as the Secretary determines necessary-- (i) to pay all educational expenses incurred by that person, including tuition, fees, cost of books, and laboratory expenses, for the pursuit of the program of education for which the assistance is provided under the Program; and [[Page S6130]] (ii) to provide a stipend for room and board. (B) The Secretary shall ensure that expenses paid are limited to those educational expenses normally incurred by students at the institution of higher education involved. (2) Support for internship activities.--The financial assistance for a person under this section may also be provided to support internship activities of the person in the Department of Defense and combat support agencies in periods between the academic years leading to the degree or specialized program certification for which assistance is provided the person under the Program. (3) Period of support.--Each scholarship under the Program shall be for not more than 5 years. (4) Additional stipend.--Students demonstrating financial need, as determined by the Secretary, may be provided with an additional stipend under the Program. (d) Post-award Employment Obligations.--Each scholarship recipient, as a condition of receiving a scholarship under the Program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student`s degree or specialized program certification, in the cyber- and digital technology-related missions of the Department, in accordance with the terms and conditions specified by the Secretary in regulations the Secretary shall promulgate to carry out this subsection. (e) Hiring Authority.--In carrying out this section, specifically with respect to enforcing the obligations and conditions of employment under subsection (d), the Secretary may use any authority otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department, including authority under section 1599f of title 10, United States Code. (f) Eligibility.--To be eligible to receive a scholarship under the Program, an individual shall-- (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in improving the security of information technology or advancing the development and application of digital technology; (3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national cybersecurity awareness and education program under section 303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7443); (4) be a full-time student, or have been accepted as a full-time student, in a program leading to a degree or specialized program certification in a covered discipline at an institution of higher education; (5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d); (6) accept and acknowledge the conditions of support under section (g); and (7) meet such other requirements for a scholarship as determined appropriate by the Secretary. (g) Conditions of Support.-- (1) In general.--As a condition of receiving a scholarship under this section, a recipient shall agree to provide the Office of Personnel Management (in coordination with the Department of Defense) and the institutions of higher education described in subsection (a)(1) with annual verifiable documentation of post-award employment and up-to- date contact information. (2) Terms.--A scholarship recipient under the Program shall be liable to the United States as provided in subsection (i) if the individual-- (A) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Secretary; (B) is dismissed from the applicable institution of higher education for disciplinary reasons; (C) withdraws from the eligible degree program before completing the Program; (D) declares that the individual does not intend to fulfill the post-award employment obligation under this section; (E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or (F) fails to fulfill the requirements of paragraph (1). (h) Monitoring Compliance.--As a condition of participating in the Program, an institution of higher education shall-- (1) enter into an agreement with the Secretary to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (2) provide to the Secretary and the Director of the Office of Personnel Management, on an annual basis, the post-award employment documentation required under subsection (g)(1) for scholarship recipients through the completion of their post- award employment obligations. (i) Amount of Repayment.-- (1) Less than 1 year of service.--If a circumstance described in subsection (g)(2) occurs before the completion of 1 year of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program shall be considered a debt to the Government and repaid in its entirety. (2) 1 or more years of service.--If a circumstance described in subparagraph (D) or (E) of subsection (g)(2) occurs after the completion of 1 or more years of a post- award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be considered a debt to the Government and repaid in accordance with subsection (j). (j) Repayments.--A debt described subsection (i) shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Secretary in regulations promulgated to carry out this subsection. (k) Collection of Repayment.-- (1) In general.--In the event that a scholarship recipient is required to repay the scholarship award under the Program, the institution of higher education providing the scholarship shall-- (A) determine the repayment amounts and notify the recipient, the Secretary, and the Director of the Office of Personnel Management of the amounts owed; and (B) collect the repayment amounts within a period of time as determined by the Secretary. (2) Returned to treasury.--Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States. (3) Retain percentage.--An institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Secretary shall establish a single, fixed percentage that will apply to all eligible entities. (l) Public Information.-- (1) Evaluation.--The Secretary, in coordination with the Director of the Office of Personnel Management, shall periodically evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under the Program and on hiring and retaining those individuals in the Department of Defense workforce, including information on-- (A) placement rates; (B) where students are placed, including job titles and descriptions; (C) salary ranges for students not released from obligations under this section; (D) how long after graduation students are placed; (E) how long students stay in the positions they enter upon graduation; (F) how many students are released from obligations; and (G) what, if any, remedial training is required. (2) Reports.--The Secretary, in consultation with the Office of Personnel Management, shall submit, not less frequently than once every two years, to Congress a report, including-- (A) the results of the evaluation under paragraph (1); (B) the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and (C) any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce. (3) Resources.--The Secretary, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable-- (A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities relating to covered disciplines; and (B) a modernized description of careers in covered disciplines. (m) Allocation of Funding.-- (1) In general.--Not less than 50 percent of the amount available for financial assistance under this section for a fiscal year shall be available only for providing financial assistance for the pursuit of programs of education referred to in subsection (b)(1) at institutions of higher education that have established, improved, or are administering programs of education in disciplines under the grant program established in section 2200b of title 10, United States Code, as determined by the Secretary. (2) Associate degrees.--Not less than five percent of the amount available for financial assistance under this section for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution described in paragraph (1). (n) Board of Directors.--In order to help identify workforce needs and trends relevant to the Program, the Secretary may establish a board of directors for the Program that consists of representatives of Federal departments and agencies. (o) Commencement of Program.--The Secretary shall commence the Program as early as practicable, with the first scholarships awarded under the Program for the academic year beginning no later than the Fall semester of 2024. SEC. 1112. CIVILIAN CYBERSECURITY RESERVE PILOT PROJECT. (a) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees`` means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; [[Page S6131]] (B) the Committee on Armed Services of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and (D) the Committee on Armed Services of the House of Representatives. (2) Competitive service.--The term ``competitive service`` has the meaning given the term in section 2102 of title 5, United States Code. (3) Excepted service.--The term ``excepted service`` has the meaning given the term in section 2103 of title 5, United States Code. (4) Significant incident.--The term ``significant incident``-- (A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to-- (i) the national security interests, foreign relations, or economy of the United States; or (ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and (B) does not include an incident or a portion of a group of related incidents that occurs on-- (i) a national security system, as defined in section 3552 of title 44, United States Code; or (ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. (5) Temporary position.--The term ``temporary position`` means a position in the competitive or excepted service for a period of 180 days or less. (6) Uniformed services.--The term ``uniformed services`` has the meaning given the term in section 2101 of title 5, United States Code. (b) Pilot Project.-- (1) In general.--The Secretary of the Army shall carry out a pilot project to establish a Civilian Cybersecurity Reserve. (2) Purpose.--The purpose of the Civilian Cybersecurity Reserve is to enable the Army to provide manpower to the cyberspace operations forces of the United States Cyber Command to effectively respond to significant incidents. (3) Alternative methods.--Consistent with section 4703 of title 5, United States Code, in carrying out the pilot project required under paragraph (1), the Secretary may, without further authorization from the Office of Personnel Management, provide for alternative methods of-- (A) establishing qualifications requirements for, recruitment of, and appointment to positions; and (B) classifying positions. (4) Appointments.--Under the pilot project required under paragraph (1), upon occurrence of a significant incident, the Secretary-- (A) may activate members of the Civilian Cybersecurity Reserve by-- (i) noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or (ii) appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; (B) shall notify Congress whenever a member is activated under subparagraph (A); and (C) may appoint not more than 50 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time. (5) Status as employees.--An individual appointed under paragraph (4) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (6) Additional employees.--Individuals appointed under paragraph (4) shall be in addition to any employees of the United States Cyber Command who provide cybersecurity services. (7) Employment protections.--The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non- discrimination in reemployment of individuals appointed under paragraph (4), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (8) Status in reserve.--During the period beginning on the date on which an individual is recruited to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under paragraph (4), and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; Application and Selection.-- (1) In general.--Under the pilot project required under subsection (b)(1), the Secretary of the Army shall establish criteria for-- (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals.--The criteria established under paragraph (1)(A) with respect to an individual shall include-- (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening.--The Secretary shall-- (A) conduct a prescreening of each individual prior to appointment under subsection (b)(4) for any topic or product that would create a conflict of interest; and (B) require each individual appointed under subsection