H.R.7900 - National Defense Authorization Act for Fiscal Year 2023 117th Congress (2021-2022)
Bill
Hide Overview| Sponsor: | Rep. Smith, Adam [D-WA-9] (Introduced 05/27/2022)(by request) Tip |
|---|---|
| Committees: | House - Armed Services |
| Committee Meetings: | 06/22/22 10:00AM 06/09/22 10:00AM 06/09/22 9:00AM (All Meetings) |
| Committee Reports: | H. Rept. 117-397,Part 2; H. Rept. 117-397 |
| Committee Prints: | H.Prt. 117-54 |
| Latest Action: | Senate - 10/11/2022 S.Amdt.6442 Amendment SA 6442 proposed by Senator Reed to Amendment SA 5499. (consideration: CR S6465-6466; text: CR S6475) To add an effective date. (All Actions) |
| Roll Call Votes: | There have been 41 roll call votes |
| Tracker: Tip | This bill has the status Passed House Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Armed Forces and National Security
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Text: H.R.7900 — 117th Congress (2021-2022) All Information (Except Text)
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Placed on Calendar Senate (08/03/2022)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7900 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 467
117th CONGRESS
2d Session
H. R. 7900
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received
August 3, 2022
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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 nine divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Non-Department of Defense Matters.
(6) Division F--Other Matters.
(7) Division G--Don Young Coast Guard Authorization Act of
2022.
(8) Division H--Financial Transparency.
(9) Division I--Public Lands.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Requirements relating to EA-18G aircraft of the Navy.
Sec. 112. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 113. Authority for procurement of additional Arleigh Burke class
destroyer.
Sec. 114. Authority for certain procurements for the Ship-to-Shore
Connector program.
Sec. 115. Authority to procure airframes and engines for CH-53K King
Stallion heavy-lift helicopters.
Sec. 116. Prohibition on availability of funds for retirement of HSC-85
aircraft.
Sec. 117. Quarterly briefings on the CH-53K King Stallion helicopter
program.
Sec. 118. Funding for additional Joint Strike Fighter aircraft.
Sec. 119. Report on advance procurement for CVN-82 and CVN-83.
Sec. 119A. Report on applicability of DDG(X) electric-drive propulsion
system.
Sec. 119B. Prohibition on availability of funds for disposal of
Littoral Combat Ships.
Subtitle C--Air Force Programs
Sec. 121. Modification of inventory requirements for aircraft of the
combat air forces.
Sec. 122. Modification of minimum inventory requirement for air
refueling tanker aircraft.
Sec. 123. Requirements relating to F-22 aircraft.
Sec. 124. Modification of inventory requirements and limitations
relating to certain air refueling tanker
aircraft.
Sec. 125. Repeal of Air Force E-8C force presentation requirement.
Sec. 126. Minimum inventory of C-130 aircraft.
Sec. 127. Authority to procure upgraded ejection seats for certain T-
38A aircraft.
Sec. 128. Prohibition on availability of funds for retirement of C-40
aircraft.
Sec. 129. Prohibition on availability of funds for procurement of
bridge tanker aircraft.
Sec. 130. Prohibition on availability of funds for termination of
production lines for HH-60W aircraft.
Sec. 131. Prohibition on certain reductions to B-1 bomber aircraft
squadrons.
Sec. 132. Limitation on retirement of E-3 Airborne Warning and Control
System aircraft.
Sec. 133. Requirements study and acquisition strategy for the combat
search and rescue mission of the Air Force.
Sec. 134. Plan for transfer of KC-135 aircraft to the Air National
Guard.
Sec. 135. Annual report on T-7A Advanced Pilot Training System.
Sec. 136. Report on F-22 aircraft force laydown.
Sec. 137. Limitation on divestment of F-15 aircraft.
Sec. 138. Funding for C-130 Modular Airborne Firefighting System.
Sec. 139. Requirement to maintain fleet of manned intelligence,
surveillance, and reconnaissance aircraft.
Sec. 139A. Procurement authority for commercial engineering software.
Sec. 139B. Sense of congress regarding united states air national guard
refueling mission.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Charging stations at commissary stores and military
exchanges.
Sec. 142. Increase Air Force and Navy use of used commercial dual-use
parts in certain aircraft and engines.
Sec. 143. Assessment and report on military rotary wing aircraft
industrial base.
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. Clarification of role of senior official with principal
responsibility for artificial intelligence
and machine learning.
Sec. 212. Role of the Chief Digital and Artificial Intelligence Officer
in fostering interoperability among joint
force systems.
Sec. 213. Modification of defense laboratory modernization pilot
program.
Sec. 214. Support for research and development of bioindustrial
manufacturing processes.
Sec. 215. Activities to support the use of metal additive manufacturing
for the subsurface fleet of the Navy.
Sec. 216. Digital mission operations platform for the Space Force.
Sec. 217. Air-breathing test capacity upgrade to support critical
hypersonic weapons development.
Sec. 218. Information on use of commercial software for the warfighter
machine interface of the Army.
Sec. 219. Measures to increase the capacity of historically Black
colleges and universities and other
minority-serving institutions to achieve
very high research activity status.
Sec. 220. Pilot program to support the development of patentable
inventions in the Department of the Navy.
Sec. 221. Pilot program to facilitate the research, development, and
production of advanced battery technologies
for warfighters.
Sec. 222. Pilot program on research and development of plant-based
protein for the Navy.
Sec. 223. Allowable uses of funds under the Commercial Weather Data
Pilot Program of the Air Force.
Sec. 224. Pilot program on use of digital twin technologies in the
Armed Forces.
Sec. 225. Funding for advanced above water sensors.
Sec. 226. Biofuel and fuel cell vehicle research, development, and
demonstration program.
Sec. 227. Radar obstruction research, development, test, and evaluation
program.
Sec. 228. Funding for research and development relating to rare earth
elements.
Sec. 229. Funding for National Defense Education Program.
Sec. 229A. Funding for high energy laser and certain emerging
technology initiatives.
Sec. 229B. Department of Defense advanced technology investment
incentive pilot program.
Sec. 229C. Funding for development of measures to prevent infections
caused by severe fractures.
Sec. 229D. Funding for research into the effects of head-supported mass
on cervical spine health.
Sec. 229E. Requirement for separate program element for the multi-
medicine manufacturing platform program.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification of national security strategy for national
technology and industrial base.
Sec. 232. Defense Advanced Research Projects Agency Innovation
Fellowship Program.
Sec. 233. Report on efforts to increase the participation of
historically Black colleges and
universities and other minority-serving
institutions in the research and
development activities of the Department of
Defense.
Sec. 234. Assessment of test infrastructure and priorities related to
hypersonic capabilities and related
technologies and hypersonic test strategy.
Sec. 235. Independent review and assessment of test and evaluation
resource planning.
Sec. 236. Study on costs associated with underperforming software and
information technology.
Sec. 237. Study and report on sufficiency of test and evaluation
resources for certain major defense
acquisition programs.
Sec. 238. Periodic reports on risk distribution within research,
development, test, and evaluation
activities.
Sec. 239. Review and report on offensive hypersonic weapons programs of
the Department of Defense.
Sec. 240. Report on potential for increased utilization of the
Electronic Proving Grounds testing range.
Sec. 241. Sense of Congress on the additive manufacturing and machine
learning initiative of the Army.
Sec. 242. Funding for robotics supply chain research.
Sec. 243. Funding for enterprise digital transformation with commercial
physics simulation.
Sec. 244. Report on national security applications for fusion energy
technology.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Subtitle B--Energy and Environment
Sec. 311. Equivalent authority for environmental restoration projects
at National Guard training sites.
Sec. 312. Amendment to budgeting of Department of Defense relating to
extreme weather.
Sec. 313. Prototype and demonstration projects for energy resilience at
certain military installations.
Sec. 314. Pilot program for transition of certain nontactical vehicle
fleets of Department of Defense to electric
vehicles.
Sec. 315. Pilot program on use of sustainable aviation fuel.
Sec. 316. Policy to increase disposition of spent advanced batteries
through recycling.
Sec. 317. Guidance and target deadline relating to formerly used
defense sites programs.
Sec. 318. Budget information for alternatives to burn pits.
Sec. 319. Program to track and reduce Scope 3 emissions and energy
costs.
Sec. 320. Requirement to include information relating to electric
vehicle charging in certain military
construction project proposals.
Sec. 321. Sense of Congress regarding electric or zero-emission
vehicles for non-combat vehicle fleet.
Sec. 322. Study on environmental contamination and cleanup associated
with Thorium-230 and related substances.
Sec. 323. Destruction of materials containing PFAS with technologies
not requiring incineration.
Sec. 324. Analysis and plan for addressing heat island effect on
military installations.
Sec. 325. Comptroller General report on acceleration and improvement of
environmental cleanup of Vieques and
Culebra, Puerto Rico.
Sec. 326. Report on Department of Defense flood mapping efforts.
Sec. 327. Biannual leak inspections of Navy and Air Force underground
storage tanks on Guam.
Sec. 328. Additional special considerations for energy performance
goals and energy performance master plan.
Sec. 329. Clarification and requirement for Department of Defense
relating to renewable biomass and biogas.
Subtitle C--Red Hill Bulk Fuel Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Activities prior to decommissioning of Red Hill Bulk Storage
Facility.
Sec. 333. Limitation on use of funds pending award of certain projects
and implementation of certain
recommendations.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red
Hill Bulk Fuel Facility.
Sec. 335. Report on Department of Defense efforts to track health
implications of fuel leaks at Red Hill Bulk
Fuel Facility.
Sec. 336. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 337. Study on alternative uses for Red Hill Bulk Fuel Facility.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
Sec. 341. Prizes for development of non-PFAS-containing turnout gear.
Sec. 342. Modification to restriction on Department of Defense
procurement of certain items containing
perfluorooctane sulfonate or
perfluorooctanoic acid.
Sec. 343. Prohibition on purchase by Department of Defense of
firefighting equipment containing per- and
polyfluoroalkyl substances.
Sec. 344. Standards for response actions with respect to PFAS
contamination.
Sec. 345. List of certain PFAS uses deemed essential; briefings on
Department of Defense procurement of
certain items containing PFOS or PFOA.
Subtitle E--Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics
and objectives for major defense
acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval
vessels.
Sec. 353. Independent study relating to fuel distribution logistics
across United States Indo-Pacific Command.
Sec. 354. Programs of military departments on reduction of fuel
reliance and promotion of energy-aware
behaviors.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
Sec. 361. Budgeting for depot and ammunition production facility
maintenance and repair: annual report.
Sec. 362. Extension of authorization of depot working capital funds for
unspecified minor military construction.
Sec. 363. Modification to minimum capital investment for certain
depots.
Sec. 364. Continuation of requirement for biennial report on core
depot-level maintenance and repair.
Sec. 365. Continuation of requirement for annual report on funds
expended for performance of depot-level
maintenance and repair workloads.
Sec. 366. Five-year plans for improvements to depot and ammunition
production facility infrastructure.
Sec. 367. Clarification of calculation for certain workload carryover
of Department of Army.
Subtitle G--Reports
Sec. 371. Annual reports by Deputy Secretary of Defense on activities
of Joint Safety Council.
Sec. 372. Quarterly reports on expenditures for establishment of fuel
distribution points in INDOPACOM area of
responsibility.
Sec. 373. Secretary of Defense report on establishing procedure for
alerting about exposure to perfluoroalkyl
substances.
Sec. 374. Report on effects of wildfire and drought conditions on
military readiness at United States Naval
Observatory Flagstaff Station.
Sec. 375. Reports relating to aqueous film-forming foam substitutes and
PFAS contamination at certain
installations.
Sec. 376. Briefings on implementation of recommendations relating to
safety and accident prevention.
Subtitle H--Other Matters
Sec. 381. Accountability for military working dogs.
Sec. 382. Membership of Coast Guard on Joint Safety Council.
Sec. 383. Requirement of Secretary of Defense to reimburse State costs
of fighting certain wildland fires.
Sec. 384. Expanded consultation in training of National Guard personnel
on wildfire response.
Sec. 385. Interagency collaboration and extension of pilot program on
military working dogs and explosives
detection.
Sec. 386. Establishment of Army and Air Force Safety Commands;
implementation of accident investigation
recommendations.
Sec. 387. National standards for Federal fire protection at military
installations.
Sec. 388. Pilot program for tactical vehicle safety data collection.
Sec. 389. Requirement for public disclosure of results of Department of
Defense lead testing.
Sec. 390. Briefing relating to use of recycled rubber waste products by
Department of Defense.
Sec. 391. Revival of report on non-federalized National Guard
personnel, training, and equipment
requirements.
Sec. 392. Use of amounts available to Department of Defense for
operation and maintenance for removal of
munitions and explosives of concern in
Guam.
Sec. 393. Funding for Utility Helicopter Mods.
Sec. 394. Sense of Congress regarding the use of working dogs to detect
early stages of diseases.
Sec. 395. Requirements to reduce out-of-pocket costs of members of the
Armed Forces for uniform items.
Sec. 396. Recognition of service of military working dogs.
Sec. 397. Maintenance of publicly accessible website by Joint Safety
Council.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
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. Distribution of commissioned officers on active duty in
general officer and flag officer grades.
Sec. 502. Authorized strength after December 31, 2022: general officers
and flag officers on active duty.
Sec. 503. Exclusion of lead special trial counsel from limitations on
general officers and flag officers on
active duty.
Sec. 504. Constructive service credit for certain officers of the Armed
Forces: authorization; special pay.
Sec. 505. Clarification of grade of Surgeon General of the Navy.
Sec. 506. Assessments of staffing in the Office of the Secretary of
Defense and other Department of Defense
headquarters offices.
Sec. 507. Survey of chaplains.
Sec. 508. Independent review of Army officer performance evaluations.
Subtitle B--Reserve Component Management
Sec. 511. Grades of certain chiefs of reserve components.
Sec. 512. Grade of Vice Chief of the National Guard Bureau.
Sec. 513. Backdating of effective date of rank for reserve officers in
the National Guard due to undue delays in
Federal recognition.
Sec. 514. Financial assistance program for specially selected members:
Army Reserve and Army National Guard.
Sec. 515. Inspections of National Guard.
Sec. 516. Requirement of consent of the chief executive officer for
certain full-time National Guard duty
performed in a State, Territory, or the
District of Columbia.
Sec. 517. Extension of National Guard support for FireGuard program.
Sec. 518. Notice to Congress before certain actions regarding units of
certain reserve components.
Sec. 519. Plan to ensure reasonable access to the Junior Reserve
Officers' Training Corps.
Sec. 519A. Inclusion of additional information on the Senior Reserve
Officers' Training Corps in reports
accompanying the national defense strategy.
Sec. 519B. Additional matters relating to support for FireGuard
program.
Sec. 519C. Divestiture of Tactical Control Party.
Sec. 519D. Recognition of the Army Interagency Training and Education
Center as a joint activity of the National
Guard; report.
Sec. 519E. Enhancement of National Guard Youth Challenge Program.
Subtitle C--General Service Authorities and Military Records
Sec. 521. Notification to next of kin upon the death of a member of the
Armed Forces.
Sec. 522. Direct acceptance of gifts from certain sources by enlisted
members.
Sec. 523. Limitation of extension of period of active duty for a member
who accepts a fellowship, scholarship, or
grant.
Sec. 524. Briefing and report on administrative separation boards.
Sec. 525. Elimination of time limit for mandatory characterizations of
administrative discharges of certain
members on the basis of failure to receive
COVID-19 vaccine.
Sec. 526. Prohibition on use of photographs by certain military
promotion boards.
Sec. 527. Gender-neutral fitness standards for combat military
occupational specialties of the Army.
Sec. 528. Retention and recruitment of members of the Army who
specialize in air and missile defense
systems.
Sec. 529. Pilot program on remote personnel processing in the Army.
Sec. 529A. Improving oversight of military recruitment practices in
public secondary schools.
Sec. 529B. Enlistments: compilation of directory and other prospective
recruit information.
Sec. 529C. Continuing military service for certain members eligible for
chapter 61 retirement.
Sec. 529D. Sense of Congress regarding the Port Chicago 50.
Sec. 529E. Treatment of personally identifiable information regarding
prospective recruits.
Sec. 529F. Implementation of certain recommendations regarding
screening individuals who seek to enlist in
the Armed Forces and countering extremist
activity in the Department of Defense.
Sec. 529G. Best practices for the retention of certain female members
of the Armed Forces.
Sec. 529H. Record of military service for members of the Armed Forces.
Subtitle D--Military Justice
Sec. 531. Sexual Harassment Independent Investigations and Prosecution.
Sec. 532. Matters in connection with special trial counsel.
Sec. 533. Standards for imposition of commanding officer's non-judicial
punishment.
Sec. 534. Special trial counsel of the Air Force.
Sec. 535. Financial assistance for victims of offenses under the
Uniform Code of Military Justice.
Sec. 536. Addressing sex-related offenses and sexual harassment
involving members of the National Guard.
Sec. 537. Prohibition on sharing of information on domestic violence
incidents.
Sec. 538. Mandatory notification of members of the Armed Forces
identified in certain records of criminal
investigations.
Sec. 539. Sentencing parameters under the Uniform Code of Military
Justice for hate crimes.
Sec. 539A. Limitation on availability of funds for relocation of Army
CID special agent training course.
Sec. 539B. Recommendations for sentencing of marijuana-based offenses
under the Uniform Code of Military Justice.
Sec. 539C. Report on sharing information with counsel for victims of
offenses under the Uniform Code of Military
Justice.
Sec. 539D. Public availability of military commission proceedings.
Sec. 539E. Review and report on the definition of consent for purposes
of the offenses of rape and sexual assault
under the Uniform Code of Military Justice.
Sec. 539F. Standards and reports relating to cases overseen by military
criminal investigative organizations.
Subtitle E--Other Legal Matters
Sec. 541. Clarifications of procedure in investigations of personnel
actions taken against members of the Armed
Forces in retaliation for protected
communications.
Sec. 542. Primary prevention of violence.
Sec. 543. Treatment of certain complaints from members of the Armed
Forces.
Sec. 544. Pilot program on financial assistance for victims of domestic
violence.
Sec. 545. Agreements with civilian victim service agencies.
Sec. 546. Activities to improve information sharing and collaboration
on matters relating to the prevention of
and response to domestic abuse and child
abuse and neglect among military families.
Sec. 547. Inspector General investigation into discrimination against
members and employees of Middle Eastern and
North African descent.
Sec. 548. Time limit for processing certain administrative complaints.
Sec. 549. Review and report on administration of sexual harassment
claims.
Sec. 549A. Interagency task force to protect members, veterans, and
military families from financial fraud.
Sec. 549B. Exclusion of evidence obtained without prior authorization.
Subtitle F--Member Education
Sec. 551. Increase in maximum number of students enrolled at Uniformed
Services University of the Health Sciences.
Sec. 552. Authorization of certain support for military service academy
foundations.
Sec. 553. Agreement by a cadet or midshipman to play professional sport
constitutes a breach of service obligation.
Sec. 554. Naval Postgraduate School: attendance by enlisted members.
Sec. 555. Authority to waive tuition at United States Air Force
Institute of Technology for certain private
sector civilians.
Sec. 556. Terms of Provost and Academic Dean of the United States Air
Force Institute of Technology.
Sec. 557. Establishment of consortium for curricula in military
education.
Sec. 558. Establishment of consortium of institutions of military
education for cybersecurity matters.
Sec. 559. Commission on Professional Military Education.
Sec. 559A. Increase in the number of individuals from the District of
Columbia who may be appointed to military
service academies.
Sec. 559B. Modification of annual report on demographics of military
service academy applicants.
Sec. 559C. Report on treatment of China in curricula of professional
military education.
Sec. 559D. Speech disorders of cadets and midshipmen.
Sec. 559E. Amendments to pathways for counseling in the Transition
Assistance Program.
Subtitle G--Member Training and Transition
Sec. 561. Information regarding apprenticeships for members during
initial entry training.
Sec. 562. Extremist activity by a member of the Armed Forces: notation
in service record; TAP counseling.
Sec. 563. Codification of Skillbridge program.
Sec. 564. Training on digital citizenship and media literacy in annual
cyber awareness training for certain
members.
Sec. 565. Pilot grant program to supplement the transition assistance
program of the Department of Defense.
Sec. 566. Female members of certain Armed Forces and civilian employees
of the Department of Defense in STEM.
Sec. 567. Skillbridge: apprenticeship programs.
Sec. 568. Training on consequences of committing a crime in
preseparation counseling of the Transition
Assistance Program.
Sec. 569. Participation of members of the reserve components of the
armed forces in the SkillBridge program.
Sec. 569A. Annual report on members separating from active duty who
file claims for disability benefits.
Sec. 569B. Outreach to members regarding possible toxic exposure.
Sec. 569C. Activities to assist the transition of members of the Armed
Forces and veterans into careers in
education.
Sec. 569D. Funding for Skillbridge.
Sec. 569E. Funding for Skillbridge for law enforcement training.
Sec. 569F. Numbers of certain nominations for cadets at the United
States Military Academy.
Sec. 569G. Pilot transition assistance program for military spouses.
Sec. 569H. Guidelines for active duty military on potential risks and
prevention of toxic exposures.
Sec. 569I. GAO report on use of transition programs by members of
special operations forces.
Sec. 569J. GAO report on screenings included in the health assessment
for members separating from the Armed
Forces.
Sec. 569K. Department of defense report on third-party job search
technology.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Clarification and expansion of authorization of support for
chaplain-led programs for members of the
Armed Forces.
Sec. 572. Rights of parents of children attending schools operated by
the Department of Defense Education
Activity.
Sec. 573. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home
child care.
Sec. 574. Extension of pilot program to expand eligibility for
enrollment at domestic dependent elementary
and secondary schools.
Sec. 575. Advisory panel on community support for military families
with special needs.
Sec. 576. Certain assistance to local educational agencies that benefit
dependents of military and civilian
personnel.
Sec. 577. Verification of reporting of eligible federally connected
children for purposes of Federal impact aid
programs.
Sec. 578. EFMP grant program.
Sec. 579. Promotion of certain child care assistance.
Sec. 579A. Recommendations for the improvement of the Military
Interstate Children's Compact.
Sec. 579B. Industry roundtable on military spouse hiring.
Sec. 579C. Feasibility study and report on pilot program to provide
POTFF services to separating members of
special operations forces and certain
family members.
Sec. 579D. MySTeP: provision online and in multiple languages.
Sec. 579E. 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. 579F. Surveys regarding military spouses.
Sec. 579G. Review of policies regarding single parents serving as
members of the Armed Forces.
Sec. 579H. Public reporting on certain military child care programs.
Sec. 579I. Feasibility of inclusion of au pairs in pilot program to
provide financial assistance to members of
the Armed Forces for in-home child care.
Sec. 579J. Report on the effects of economic inflation on families of
members of the Armed Forces.
Sec. 579K. Report on the effects of the shortage of infant formula on
the families of members of the Armed
Forces.
Sec. 579L. Briefing on child care at Camp Bull Simons.
Subtitle I--Decorations and Awards
Sec. 581. Authority to award the Medal of Honor to a member of the
Armed Forces for acts of valor while a
prisoner of war.
Sec. 582. Authorization for award of the Medal of Honor to David R.
Halbruner for acts of valor on September
11-12, 2012.
Sec. 583. Authorization for posthumous award of Medal of Honor to
Master Sergeant Roderick W. Edmonds for
acts of valor during World War II.
Sec. 584. Rescission of Medals of Honor awarded for acts at Wounded
Knee Creek on December 29, 1890.
Sec. 585. Sense of Congress regarding service of Gary Andrew Cyr.
Sec. 586. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Sec. 587. Authorization for award of Medal of Honor to E. Royce
Williams for acts of valor during the
Korean War.
Sec. 588. Authorization for award of Medal of Honor to James Capers,
Jr. for acts of valor as a member of the
Marine Corps during the Vietnam War.
Sec. 589. Inclusion of Purple Heart awards on military valor website.
Sec. 589A. Study on fraudulent misrepresentation about receipt of a
military medal or decoration.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Electronic notarization for members of the Armed Forces.
Sec. 592. Disinterments from national cemeteries.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill
at Arlington National Cemetery.
Sec. 594. Notifications on manning of afloat naval forces.
Sec. 595. Pilot program on car sharing on military installations in
Alaska.
Sec. 596. Support for members who perform duties regarding remotely
piloted aircraft: study; report.
Sec. 597. Review of marketing and recruiting of the Department of
Defense.
Sec. 598. Report on recruiting efforts of the Army.
Sec. 599. Sense of congress regarding women involuntarily separated
from the Armed Forces due to pregnancy or
parenthood.
Sec. 599A. Armed Forces workplace and gender relations surveys.
Sec. 599B. Task Force on Historical and Current Barriers to African
American Participation and Equal Treatment
in the Armed Services.
Sec. 599C. Plan to combat racial bias, discrimination, and harassment
against Asian American service members,
civilians, and contractor personnel.
Sec. 599D. Recurring report regarding COVID-19 mandate.
Sec. 599E. Pilot program on safe storage of personally owned firearms.
Sec. 599F. Report on non-citizen members of the Armed Forces.
Sec. 599G. Report on instances of antisemitism.
Sec. 599H. Annual report regarding cost of living for members and
employees of the Department of Defense.
Sec. 599I. Review of recruiting efforts for women.
Sec. 599J. Report on support for pregnant members.
Sec. 599K. Clarification of authority to solicit gifts in support of
the mission of the Defense POW/MIA
Accounting Agency to account for members of
the Armed Forces and Department of Defense
civilian employees listed as missing.
Sec. 599L. Report on efforts to prevent and respond to deaths by
suicide in the Navy.
Sec. 599M. Report on programs through which members of the Armed Forces
may file anonymous concerns.
Sec. 599N. Sense of Congress regarding Ulysses S. Grant.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Basic Pay and Allowances
Sec. 601. Exclusion of BAH from gross household income for purposes of
basic needs allowance.
Sec. 602. Basic allowance for housing for a member without dependents
whose relocation would financially
disadvantage such member.
Sec. 603. Temporary continuation of rate of basic allowance for housing
for members of the Armed Forces whose sole
dependent dies while residing with the
member.
Sec. 604. Allowance for gym membership for certain members of the Armed
Forces who reside more than 10 miles from a
military installation.
Sec. 605. Revival and redesignation of provision establishing benefits
for certain members assigned to the Defense
Intelligence Agency.
Sec. 606. Reimbursement of certain child care costs incident to a
permanent change of station or assignment.
Sec. 607. Allowable travel and transportation allowances: complex
overhaul.
Sec. 608. Expansion of authority to reimburse a member of the uniformed
services for spousal business costs arising
from a permanent change of station.
Sec. 609. Permanent authority to reimburse members for spouse
relicensing costs pursuant to a permanent
change of station.
Sec. 609A. Travel and transportation allowances for certain members of
the Armed Forces who attend a professional
military education institution or training
classes.
Sec. 609B. Establishment of allowance for certain relocations of pets
of members of the uniformed services.
Sec. 609C. Extension of one-time uniform allowance for officers who
transfer to the Space Force.
Sec. 609D. OCONUS cost of living allowance: adjustments; notice to
certain congressional committees.
Sec. 609E. Pay for DOD and Coast Guard child care providers: studies;
adjustment.
Subtitle B--Bonus and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Sec. 612. Increase to maximum amounts of certain bonus and special pay
authorities.
Sec. 613. Special pay and allowances for members of the Armed Forces
assigned to cold weather operations.
Sec. 614. Authorization of incentive pay to a member of the Armed
Forces whose disclosure of fraud, waste, or
mismanagement results in cost savings to
the military department concerned.
Sec. 615. Inflation bonus pay.
Sec. 616. Establishing complex overhaul pay.
Sec. 617. Air Force rated officer retention demonstration program.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expanded eligibility for bereavement leave for members of the
Armed Forces.
Sec. 622. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 623. Expansion of authorized assistance for providers of child
care services to members of the Armed
Forces.
Sec. 624. Survivor Benefit Plan open enrollment period.
Sec. 625. Study and report on military installations with limited child
care.
Sec. 626. Hunger among military families: data collection; training;
report.
Subtitle D--Defense Resale Matters
Sec. 631. Prohibition on sale of Chinese goods in commissary stores and
military exchanges.
Subtitle E--Miscellaneous Rights, Benefits, and Reports
Sec. 641. Transitional compensation and benefits for the former spouse
of a member of the Armed Forces who
allegedly committed a dependent-abuse
offense during marriage.
Sec. 642. Authorization of permissive temporary duty for wellness.
Sec. 643. Study on basic pay.
Sec. 644. Report on accuracy of basic allowance for housing.
Sec. 645. Study and report on barriers to home ownership for members of
the Armed Forces.
Sec. 646. Plan for reimbursement of certain expenses of certain members
and veterans related to Afghanistan
evacuation.
Sec. 647. Expansion of the space-available travel program to allow
certain disabled veterans to travel with a
caregiver or dependent on certain aircraft.
Subtitle F--Disability and Retired Pay
Sec. 651. Elimination of cap on additional retired pay for
extraordinary heroism for members of the
Army and Air Force who served during the
Vietnam Era.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Clarification of coverage of artificial reproductive services
for certain TRICARE beneficiaries.
Sec. 702. Clarification of coverage of certain areolar nipple tattooing
procedures under TRICARE program.
Sec. 703. TRICARE Dental for Selected Reserve.
Sec. 704. Report requirement for certain contracts under TRICARE
program.
Sec. 705. Temporary requirement for contraception coverage parity under
the TRICARE program.
Sec. 706. Rates of reimbursement for providers of applied behavior
analysis.
Sec. 707. Medical testing and related services for firefighters of
Department of Defense.
Sec. 708. Audit of behavioral health care network providers listed in
TRICARE directory.
Sec. 709. Independent analysis of quality and patient safety review
process under direct care component of
TRICARE program.
Subtitle B--Health Care Administration
Sec. 721. Congressional notification requirement to modify scope of
services provided at military medical
treatment facilities.
Sec. 722. Modification of certain deadline and requirement to transfer
research and development functions to
Defense Health Agency.
Sec. 723. Modification of requirement to transfer public health
functions to Defense Health Agency.
Sec. 724. Other transaction authority for studies and demonstration
projects relating to delivery of health and
medical care.
Sec. 725. Licensure requirement for certain health-care professionals
providing services as part of mission
relating to emergency, humanitarian, or
refugee assistance.
Sec. 726. Improvements relating to Medical Officer of the Marine Corps
position.
Sec. 727. Authority for Department of Defense program to promote early
literacy among certain young children as
part of pediatric primary care.
Sec. 728. Accountability for wounded warriors undergoing disability
evaluation.
Sec. 729. Incentive payments for retention of certain behavioral health
providers.
Sec. 730. Clarification of license portability for health care
providers providing services under Reserve
Health Readiness program.
Sec. 731. Policy of Defense Health Agency on expanded recognition of
board certifications for physicians.
Sec. 732. Sleep Apnea Screening.
Sec. 733. Demonstration project on infant and early childhood mental
health services for children of members of
the Armed Forces.
Sec. 734. Improvements to processes to reduce financial harm caused to
civilians for care provided at military
medical treatment facilities.
Sec. 735. Improvements to military medical treatment facilities and
other facilities under military health
system.
Sec. 736. Access to certain dependent medical records by remarried
former spouses.
Sec. 737. Affiliates Sharing Pilot Program.
Sec. 738. Housing first report.
Subtitle C--Studies and Reports
Sec. 741. GAO study on coverage of mental health disorders under
TRICARE program and relationship to certain
mental health parity laws.
Sec. 742. Feasibility study on establishment of new command on defense
health.
Sec. 743. Study and awareness initiative regarding use of qualified
alternative therapies to treat certain
members of the Armed Forces on terminal
leave.
Sec. 744. Report on composition of medical personnel of each military
department and related matters.
Sec. 745. Briefing and report on reduction or realignment of military
medical manning and medical billets.
Sec. 746. Report on feasability of certain licensing models for
Department of Defense-owned vaccines and
other medical interventions relating to
COVID-19.
Sec. 747. Study on the impact of military trauma and intimate partner
violence on maternal health outcomes.
Sec. 748. Report on coverage of behavioral and mental health crisis
services under TRICARE program.
Sec. 749. Report on mental health provider readiness designations.
Sec. 750. Study on provider training gaps with respect to screening and
treatment of maternal mental health
conditions.
Sec. 751. Report on mental health conditions and metabolic disease
among certain members of Armed Forces.
Sec. 752. Study on accessability of mental health providers and
services for active duty members of the
Armed Forces.
Sec. 753. Health-related behaviors survey and report.
Sec. 754. Report on Coordination, Data Sharing, and Evaluation Efforts
for Suicide Prevention.
Sec. 755. GAO study on DOD and VA mammogram and breast cancer screening
policies.
Sec. 756. Study and report on rate of cancer-related morbidity and
mortality.
Sec. 757. GAO study on access to Exceptional Family Member program and
Extended Care Health Option program by
members of reserve components.
Sec. 758. Kyle Mullen Naval safety enhancements.
Sec. 759. Report on operational and physical and mental health effects
of low recruitment and retention to Armed
Forces.
Sec. 759A. Report on maternal mortality rates of female members of the
Armed Forces.
Sec. 759B. Report on Defense Health Agency contracts.
Subtitle D--Other Matters
Sec. 761. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl
substances as component of periodic health
assessments.
Sec. 762. Mandatory training on health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 763. Non-medical counseling services for military families.
Sec. 764. Clarifications relating to analysis of Department of Defense
Comprehensive Autism Demonstration Program
by National Academies.
Sec. 765. Clarification of eligibility for membership to independent
suicide prevention and response review
committee.
Sec. 766. Improvement to Wounded Warrior Service Dog Program.
Sec. 767. Improvements relating to behavioral health care available
under military health system.
Sec. 768. Assignment of behavioral health providers and technicians to
aircraft carriers.
Sec. 769. Department of Defense internship programs relating to
civilian behavioral health providers.
Sec. 770. Brain health initiative of Department of Defense.
Sec. 771. Authority to conduct pilot program relating to monitoring of
blast overpressure exposure.
Sec. 772. Standardization across Department of Defense of policies
relating to service by individuals
diagnosed with HBV.
Sec. 773. Certification program in provision of mental health services
to members of the Armed Forces, veterans,
and military families.
Sec. 774. Pilot program on cryopreservation and storage.
Sec. 775. Pilot program for participation by members of Selected
Reserve in health professions scholarship
and financial assistance programs.
Sec. 776. Pilot program on ensuring pharmaceutical supply stability.
Sec. 777. Establishment of partnership program between United States
and Ukraine for military trauma care and
research.
Sec. 778. Grant program for increased cooperation on post-traumatic
stress disorder research between United
States and Israel.
Sec. 779. Suicide cluster: standardized definition for use by
Department of Defense; congressional
notification.
Sec. 780. Limitation on realignment or reduction of military medical
manning end strength: certification
requirement and other reforms.
Sec. 781. Review and update of policy relating to command notification
process and reduction of mental health
stigma.
Sec. 782. Grant program to study treatment of post-traumatic stress
disorder using certain psychedelic
substances.
Sec. 783. Pilot programs of Defense Health Agency relating to sexual
health.
Sec. 784. Drop boxes on military installations for deposit of unused
prescription drugs.
Sec. 785. Funding for pancreatic cancer research.
Sec. 786. Psychological evaluations for members of the Armed Forces
returning from Kabul.
Sec. 787. Annual review and update of online information relating to
suicide prevention.
Sec. 788. Funding for post-traumatic stress disorder.
Sec. 789. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 790. Pilot program to improve military readiness through nutrition
and wellness initiatives.
Sec. 791. Guidance for addressing healthy relationships and intimate
partner violence through TRICARE Program.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in
overcoming obstacles in acquisition.
Sec. 802. Data requirements for commercial item pricing not based on
adequate price competition.
Sec. 803. Preference for domestic foods for military working dogs.
Sec. 804. Life cycle management and product support.
Sec. 805. Extension of requirement to submit Selected Acquisition
Reports.
Sec. 806. Amendments to contractor employee protections from reprisal
for disclosure of certain information.
Sec. 807. Enhanced domestic content requirement for major defense
acquisition programs.
Sec. 808. Mission-Based Rapid Acquisition Account.
Sec. 809. Preference for offerors that meet certain requirements.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Membership of Coast Guard on Strategic Materials Protection
Board.
Sec. 812 . Comptroller General assessment of acquisition programs and
efforts.
Sec. 813. Subcontracting requirements for certain contracts awarded to
educational institutions.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification to indemnification authority for research and
development contracts.
Sec. 816. Competition requirements for purchases from Federal Prison
Industries.
Sec. 817. Clarification of authority of the Department of Defense to
carry out certain prototype projects.
Sec. 818. Requirements for the procurement of certain components for
certain naval vessels and auxiliary ships.
Sec. 819. Modification to prohibition on operation or procurement of
foreign-made unmanned aircraft systems.
Sec. 820. Extension of pilot program to accelerate contracting and
pricing processes.
Sec. 821. Extension and modification of Never Contract with the Enemy.
Sec. 822. Require full domestic production of flags of the United
States acquired by the Department of
Defense.
Sec. 823. Guidelines and resources on the acquisition or licensing of
intellectual property.
Sec. 824. Compliance procedures for investigating the prohibition on
criminal history inquiries by Federal
contractors prior to conditional offer.
Sec. 825. Reestablishment of Commission on Wartime Contracting.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition
workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Repeal of certain provisions relating to acquisition
workforce incentives.
Sec. 835. Acquisition workforce incentives relating to training on and
agreements with certain software
businesses.
Subtitle D--Provisions Relating to Software and Technology
Sec. 841. Prizes for advanced technology achievements.
Sec. 842. Congressional notification for pilot program to accelerate
the procurement and fielding of innovative
technologies.
Sec. 843. Curricula on software acquisitions and cybersecurity software
or hardware acquisitions for covered
individuals.
Sec. 844. Report on covered software development.
Sec. 845. Other transaction authority clarification.
Sec. 846. Existing agreement limits for Operation Warp Speed.
Subtitle E--Industrial Base Matters
Sec. 851. Recognition of an association of eligible entities that
provide procurement technical assistance.
Sec. 852. Update to plan on reduction of reliance on services,
supplies, or materials from covered
countries.
Sec. 853. Modification to prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region.
Sec. 854. Codification of the Department of Defense Mentor-Protege
Program.
Sec. 855. Microloan program; definitions.
Sec. 856. Small Business Innovation Program extension.
Sec. 857. Prohibition on covered airport contracts with certain
entities.
Sec. 858. Risk management for Department of Defense supply chains.
Sec. 859. Review of advances in domestic production of carbon fiber.
Sec. 859A. Extension of transfer date for the verification of small
business concerns owned and controlled by
veterans or service-disabled veterans to
the Small Business Administration.
Sec. 859B. Application of price evaluation preference for qualified
HUBZone small business concerns to certain
contracts.
Sec. 859C. Codification of Small Business Administration scorecard.
Sec. 859D. Modifications to the nonmanufacturer rule.
Sec. 859E. Study on small business assistance to foreign-based
companies.
Sec. 859F. Report on strategic and critical materials.
Sec. 859G. Report and modification to the national technology and
industrial base.
Sec. 859H. Sense of Congress on modernizing defense supply chain
management.
Sec. 859I. Prohibition on the use of LOGINK.
Sec. 859J. Report on transition to Phase III for Small Business
Innovation Research and Small Business
Technology Transfer program awards.
Sec. 859K. Extension of participation in 8(a) program.
Sec. 859L. Access to contract bundling data.
Sec. 859M. Report on small business concerns owned and controlled by
women.
Sec. 859N. Native Hawaiian Organizations.
Subtitle F--Other Matters
Sec. 861. Technical correction to effective date of the transfer of
certain title 10 acquisition provisions.
Sec. 862. Regulations on use of fixed-price type contracts for major
defense acquisition programs.
Sec. 863. Notification on retention rate policy.
Sec. 864. Security clearance bridge pilot program.
Sec. 865. Department of Defense national imperative for industrial
skills program.
Sec. 866. Temporary suspension of COVID-19 vaccine mandate for
Department of Defense contractors.
Sec. 867. GAO report on Department of Defense contract financing and
commercial best practices.
Sec. 868. Prohibition on contracting with employers that violated the
National Labor Relations Act.
Sec. 869. Amendments to contracting authority for certain small
business concerns.
Sec. 870. Equitable adjustments to construction contracts.
Sec. 871. Manufacturing of insulin.
Sec. 872. Need for development and acquisition of natural rubber from
domestic herbacious plant sources.
Sec. 873. Increased competitive opportunities and strategy for certain
critical technology contractors.
Sec. 874. Duties of small business development center counselors.
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. Responsibilities of Assistant Secretary of Defense for
Special Operations and Low Intensity
Conflict.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Eligibility of Chief of the National Guard Bureau for
appointment as Chairman of the Joint Chiefs
of Staff.
Sec. 912. Clarification of peacetime functions of the Navy.
Sec. 913. Explosive ordnance disposal defense program.
Sec. 914. Modification of report regarding the designation of the
Explosive Ordnance Disposal Corps as a
basic branch of the Army.
Sec. 915. Clarification of roles and responsibilities for force
modernization efforts of the Army.
Sec. 916. Report on potential transition of all members of Space Force
into a single component.
Sec. 917. Sense of Congress on the Electromagnetic Spectrum Superiority
Strategy.
Subtitle C--Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Sense of Congress relating to enlisted personnel
subsistence.
Sec. 1004. Sense of Congress relating to the corrective action plans
review process.
Sec. 1005. Sense of Congress relating to the Fraud Reduction Task
Force.
Subtitle B--Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and
counterterrorism campaign in Colombia.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Navy consultation with Marine Corps on major decisions
directly concerning Marine Corps amphibious
force structure and capability.
Sec. 1022. Number of Navy operational amphibious ships.
Sec. 1023. Availability of funds for retirement or inactivation of
landing dock ships.
Sec. 1024. Availability of funds for retirement or inactivation of
guided missile cruisers.
Sec. 1025. Business case analyses on disposition of certain Government-
owned dry-docks.
Sec. 1026. Prohibition on use of funds for retirement of legacy
maritime mine countermeasures platforms.
Sec. 1027. Deadline for 75 percent manning fill for ships undergoing
nuclear refueling or defueling.
Sec. 1028. Prohibition on deactivation of Navy Combat Documentation
Detachment 206.
Sec. 1029. Withholding of certain information about sunken military
crafts.
Sec. 1030. Availability of funds for retirement or inactivation of
expeditionary transfer dock ships.
Sec. 1031. Availability of funds for retirement or inactivation of
Littoral Combat Ships.
Sec. 1032. Briefing on fielding of SPEIR on all surface combatant
vessels.
Sec. 1033. Report on effects of Multiple Award Contract-multi Order
contracting.
Sec. 1034. Congressional notification regarding pending retirement of
naval vessels viable for artificial
reefing.
Sec. 1034A. Award of contracts for ship repair work to non-homeport
shipyards to meet surge capacity.
Subtitle D--Counterterrorism
Sec. 1035. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1036. Report on threat posed by domestic terrorists.
Sec. 1037. Consideration of human rights records of recipients of
support of special operations to combat
terrorism.
Sec. 1038. Consideration of human rights records of recipients of
support of Special Operations for irregular
warfare.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Modification of authority for humanitarian demining
assistance and stockpiled conventional
munitions assistance.
Sec. 1042. Security clearances for recently separated members of the
Armed Forces and civilian employees of the
Department of Defense.
Sec. 1043. Submission of national defense strategy in unclassified
form.
Sec. 1044. Common access cards for Department of Defense facilities for
certain congressional staff.
Sec. 1045. Introduction of entities in transactions critical to
national security.
Sec. 1046. Repository of local nationals working for or on behalf of
Federal Government in theater of combat
operations.
Sec. 1047. Transfers and pay of nonappropriated fund employees.
Sec. 1048. Establishment of joint training pipeline between United
States Navy and Royal Australian Navy.
Sec. 1049. Inspector General oversight of Department of Defense
activities in response to Russia's further
invasion of Ukraine.
Sec. 1050. Consultation of congressional defense committees in
preparation of national defense strategy.
Sec. 1051. Prohibition on use of funds for aerial fumigation in
Colombia.
Sec. 1052. Assessment of suicide risk at military installations.
Subtitle F--Studies and Reports
Sec. 1061. Briefing on Global Force Management Allocation Plan.
Sec. 1062. Extension and modification of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1063. Continuation of requirement for annual report on National
Guard and reserve component equipment.
Sec. 1064. Combatant command risk assessment for airborne intelligence,
surveillance, and reconnaissance.
Sec. 1065. Reports on effects of strategic competitor naval facilities
in Africa.
Sec. 1066. Annual reports on safety upgrades to the high mobility
multipurpose wheeled vehicle fleets.
Sec. 1067. Quarterly reports on Operation Spartan Shield.
Sec. 1068. Congressional notification of military information support
operations in the information environment.
Sec. 1069. Department of Defense delays in providing comments on
Government Accountability Office reports.
Sec. 1070. Reports on hostilities involving United States Armed Forces.
Sec. 1071. Annual report on civilian casualties in connection with
United States military operations.
Sec. 1072. Justification for transfer or elimination of flying
missions.
Sec. 1073. Equipment of Army reserve components: annual report to
Congress.
Sec. 1074. Public availability of reports.
Sec. 1075. Quarterly reports on expenditures for planning and design of
infrastructure to support permanent United
States force presence on Europe's eastern
flank.
Sec. 1076. Study on military training routes and special use air space
near wind turbines.
Sec. 1077. Study on Joint Task Force Indo-Pacific.
Sec. 1078. Biannual Department of Defense Inspector General reporting
on response to Russian aggression and
assistance to Ukraine.
Sec. 1079. Review of security assistance provided to Elie Wiesel
countries.
Sec. 1079A. Report on Department of Defense practices regarding
distinction between combatants and
civilians in United States military
operations.
Sec. 1079B. Report on Department of Defense recruitment advertising to
racial and ethnic minority communities.
Sec. 1079C. Public availability of information about cost of United
States overseas military footprint.
Sec. 1079D. Study and report on potential inclusion of black box data
recorders in tactical vehicles.
Sec. 1079E. Report on the strategy and engagement efforts of the Armed
Forces in Hawaii.
Sec. 1079F. Department of Defense engagement with Native Hawaiian
organizations.
Sec. 1079G. FFRDC study on shipyard infrastructure optimization program
efforts to optimize, recapitalize and
reconfigure facilities and industrial plant
equipment.
Sec. 1079H. Study on efforts of the Department of Defense to reduce the
use of single-use plastics.
Sec. 1079I. Report on Littoral Explosive Ordnance Neutralization
program of record.
Sec. 1079J. Assessment, plan, and reports on the automated surface
observing system.
Sec. 1079K. Annual report on use of social media by foreign terrorist
organizations.
Sec. 1079L. Report on protection of members of the Armed Forces from
Russian-sponsored armed attacks.
Sec. 1079M. Report on desalinization technology.
Sec. 1079N. Report on Department of Defense military capabilities in
the Caribbean.
Sec. 1079O. Annual report on unfunded priorities of Defense POW/MIA
Accounting Agency.
Sec. 1079P. Review of Navy study on Requirements for and Potential
Benefits of Realistically Simulating Real
World and Near Peer Adversary Submarines.
Sec. 1079Q. Report on unmanned traffic management systems at military
bases and installations.
Sec. 1079R. Report on non-domestic fuel use.
Sec. 1079S. Report on human trafficking as a result of Russian invasion
of Ukraine.
Subtitle G--Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Ronald V. Dellums Memorial Fellowship for Women of Color in
STEAM.
Sec. 1083. Combating military reliance on Russian energy.
Sec. 1084. Commission on Civilian Harm.
Sec. 1085. Department of Defense Center for Excellence in Civilian Harm
Mitigation.
Sec. 1086. Sense of Congress regarding naming a warship the USS
Fallujah.
Sec. 1087. Standardization of sectional barge construction for
Department of Defense use on rivers and
intercoastal waterways.
Sec. 1088. Sense of Congress regarding naming warships after deceased
Navy Medal of Honor recipients.
Sec. 1089. Sense of Congress regarding the service and crew of the USS
Oklahoma City.
Sec. 1090. Target date for deployment of 5G wireless broadband
infrastructure at all military
installations.
Sec. 1091. Inclusion of Air Force student pilots in personnel metrics
for establishing and sustaining dining
facilities at Air Education and Training
Commands.
Sec. 1092. Sense of Congress regarding conduct of international naval
review on July 4, 2026.
Sec. 1093. Sense of Congress regarding crisis at the Southwest border.
Sec. 1094. National Commission on the Future of the Navy.
Sec. 1095. Transfer of aircraft to other departments for wildfire
suppression and other purposes.
Sec. 1096. National Museum of Intelligence and Special Operations.
Sec. 1097. Availability of information regarding procurement of
equipment by State and local governments
through the Department of Defense.
Sec. 1098. Report on purchase and use by Department of Defense of
location data generated by Americans'
phones and their internet metadata.
Sec. 1099. National tabletop exercise.
Sec. 1099A. Greenhouse gas mitigation actions and results dashboard.
Sec. 1099B. Administration of risk-based surveys to certain educational
institutions.
Sec. 1099C. Briefing on Guam and Northern Mariana Islands military
construction costs.
Sec. 1099D. Resources to implement Department of Defense policy on
civilian harm in connection with United
States military operations.
Sec. 1099E. Availability of modular small arms range for Army Reserve
in Puerto Rico.
Sec. 1099F. Independent epidemiological analysis of health effects from
exposure to Department of Defense
activities in Vieques.
Sec. 1099G. Participation in Federal Transportation Incentive PRogram.
Sec. 1099H. Report on initiatives of Department of Defense to source
locally and regionally produced foods for
installations of the Department.
Sec. 1099I. Limitations on sale and use of portable heating devices on
military installations.
Sec. 1099J. Training and information for first responders regarding aid
for victims of trauma-related injuries.
Sec. 1099K. Public availability of cost of certain military operations
to each United States taxpayer.
Sec. 1099L. Report on Department of Defense plan to achieve strategic
overmatch in the information environment.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for Federal civilian employees working
overseas.
Sec. 1102. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1103. Standardized credentials for law enforcement officers of the
Department of Defense.
Sec. 1104. Temporary extension of authority to provide security for
former Department of Defense officials.
Sec. 1105. Increase in positions eligible for enhanced pay authority
for certain research and technology
positions in science and technology
reinvention laboratories.
Sec. 1106. GAO Report on Federal Employee Paid Leave Act.
Sec. 1107. Inflation bonus pay for certain Department of Defense
civilian employees.
Sec. 1108. Flexible workplace programs.
Sec. 1109. GAO study on Federal Wage System parity with local
prevailing wage rate.
Sec. 1110. Temporary authority to appoint retired members of the Armed
Forces to Military Health System positions.
Sec. 1111. Purchase of retired handguns by Federal law enforcement
officers.
Sec. 1112. National Digital Reserve Corps.
Subtitle B--PLUM Act of 2022
Sec. 1121. Short title.
Sec. 1122. Establishment of public website on Government policy and
supporting positions.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modifications to annual reports on security cooperation.
Sec. 1202. Modification to authority to provide support for conduct of
operations.
Sec. 1203. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1204. Modification to authority to build capacity of foreign
security forces.
Sec. 1205. Public report on military capabilities of China, Iran, North
Korea, and Russia.
Sec. 1206. Security cooperation programs with foreign partners to
advance women, peace, and security.
Sec. 1207. Strategy for security cooperation.
Sec. 1208. General Thaddeus Kosciuszko Exchange Program.
Sec. 1209. Assessment, monitoring, and evaluation of programs and
activities.
Sec. 1209A. Report on chief of mission concurrence.
Sec. 1209B. Repeal of limitation on costs covered under humanitarian
demining assistance.
Sec. 1209C. Modification to fellowship program to add training relating
to urban warfare.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of the Afghan Special Immigrant
Visa Program.
Sec. 1212. Additional matters for inclusion in reports on oversight in
Afghanistan.
Sec. 1213. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Subtitle C--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 provide
assistance to counter the Islamic State of
Iraq and Syria.
Sec. 1223. Extension of authority to support operations and activities
of the Office of Security Cooperation in
Iraq.
Sec. 1224. Extension and modification of report on the military
capabilities of Iran and related
activities.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on assisting Iranian dissidents and people access
telecommunications tools.
Sec. 1227. State Department authorization for pavilion at Expo 2025
Osaka.
Sec. 1228. Report on the U.N. arms embargo on Iran.
Sec. 1229. Report on Islamic Revolutionary Guard Corps-affiliated
operatives abroad.
Sec. 1229A. Repeal of Authorization for Use of Military Force Against
Iraq Resolution of 2002.
Sec. 1229B. Interagency strategy to disrupt and dismantle narcotics
production and trafficking and affiliated
networks linked to the regime of Bashar al-
Assad in Syria.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1234. Assessment of Russian strategy in Ukraine.
Sec. 1235. Report on efforts by the Russian Federation to expand its
presence and influence in Latin America and
the Caribbean.
Sec. 1236. Expansion of cooperation and training with Ukraine.
Sec. 1237. Statement of policy.
Sec. 1238. Report on Department of Defense plan for responding to
Russia's invasion of Ukraine.
Sec. 1239. Prohibition on Russian participation in the G7.
Sec. 1240. Condemning detention and indictment of Russian opposition
leader Vladimir Vladimirovich Kara-Murza.
Sec. 1241. Task force to track security assistance to Ukraine.
Sec. 1242. Report on risk of nuclear war in Ukraine.
Sec. 1243. Report on distribution and use of weapons in Ukraine.
Sec. 1244. Report from Council of the Inspectors General on Ukraine.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1261. Sense of Congress on United States defense posture in Europe
following the further invasion of Ukraine.
Sec. 1262. Sense of Congress on NATO membership for Finland and Sweden.
Sec. 1263. Matters relating to climate change at NATO.
Sec. 1264. Baltic Reassurance Act.
Sec. 1265. Report on efforts of NATO to counter misinformation and
disinformation.
Sec. 1266. Improvements to the NATO Strategic Communications Center of
Excellence.
Sec. 1267. Sense of Congress on enhancing strategic partnership,
defense and security cooperation with
Georgia.
Sec. 1268. Report on improved diplomatic relations and defense
relationship with Albania.
Sec. 1269. Restriction of entities from using Federal funds from
engaging, entering into, and awarding
public works contracts.
Sec. 1270. Modification to United States membership in
interparliamentary group.
Sec. 1271. Limitation on transfer of F-16 aircraft.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to the Indo-Pacific Region
Sec. 1301. Modification to annual report on military and security
developments involving the People's
Republic of China.
Sec. 1302. Sense of Congress on South Korea.
Sec. 1303. Sense of Congress on Taiwan defense relations.
Sec. 1304. Sense of Congress and report on United States security
cooperation with India.
Sec. 1305. Modification to report on resourcing United States defense
requirements for the Indo-Pacific region
and report on enhancing defense cooperation
with allies and partners in the Indo-
Pacific.
Sec. 1306. Report on support and sustainment for critical capabilities
in the area of responsibility of the United
States Indo-Pacific Command necessary to
meet operational requirements in certain
conflicts with strategic competitors.
Sec. 1307. Modification to Pacific Deterrence Initiative.
Sec. 1308. Seize the Initiative.
Sec. 1309. Modification to China military power report.
Sec. 1310. Modifications to public reporting of Chinese military
companies operating in the United States.
Sec. 1311. Reporting on institutions of higher education domiciled in
the People's Republic of China that provide
support to the People's Liberation Army.
Sec. 1312. Sense of Congress on inviting Taiwan to the Rim of the
Pacific exercise.
Sec. 1313. Joint exercises with Taiwan.
Sec. 1314. Taiwan defense cooperation.
Sec. 1315. Modification of prohibition on participation of the people's
republic of china in rim of the pacific
(rimpac) naval exercises to include
cessation of genocide by china.
Sec. 1316. Addition to next annual report on military and security
developments involving China.
Sec. 1317. Sense of Congress on enhancing NATO efforts to counter
misinformation and disinformation.
Sec. 1318. Sense of Congress relating to the NATO Parliamentary
Assembly.
Sec. 1319. Report on Indo-Pacific region.
Sec. 1320. Sense of Congress regarding the status of China.
Sec. 1321. Report on providing access to uncensored media in China.
Subtitle B--Other Matters Relating to Foreign Nations
Sec. 1331. Support of special operations for irregular warfare.
Sec. 1332. Permanent extension of authority for certain payments to
redress injury and loss.
Sec. 1333. Extension of United States-Israel cooperation to counter
unmanned aerial systems.
Sec. 1334. Modification and extension of United States-Israel
cooperation to counter unmanned aerial
systems.
Sec. 1335. Modification to initiative to support protection of national
security academic researchers from undue
influence and other security threats.
Sec. 1336. Annual report on role of antisemitisim in violent extremist
movements.
Sec. 1337. Use of United States-origin defense articles in Yemen.
Sec. 1338. Sense of Congress regarding Israel.
Sec. 1339. Sense of Congress and briefing on multinational force and
observers.
Sec. 1340. Comprehensive strategy to counter gray zone operations and
other hybrid warfare methods.
Sec. 1341. Study on Department of Defense support for stabilization
activities in national security interest of
the United States.
Sec. 1342. Report on American Institute in Taiwan efforts to combat
certain disinformation and propaganda.
Sec. 1343. Report on Azerbaijan.
Sec. 1344. Defense and diplomatic strategy for Libya.
Sec. 1345. Repeal of restriction on funding for the Preparatory
Commission for the Comprehensive Nuclear-
Test-Ban Treaty Organization.
Sec. 1346. Sense of Congress regarding the boycott of certain companies
that continue to operate in Russia and
provide financial benefits to the Putin
regime.
Sec. 1347. Report on arms trafficking in Haiti.
Sec. 1348. Establishment of the Office of City and State Diplomacy.
Sec. 1349. Transfer of excess OLIVER HAZARD PERRY class guided missile
frigates to Egypt.
Sec. 1350. Sense of Congress on Azerbaijan's illegal detention of
Armenian prisoners of war.
Sec. 1351. United States-India Defense Partnership.
Sec. 1352. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1353. Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin.
Sec. 1354. Chief of mission concurrence.
Sec. 1355. GAO study on Department of Defense support for other
departments and agencies of the United
States Government that advance Department
of Defense security cooperation objectives.
Sec. 1356. Feasibility study and report relating to Somaliland.
Sec. 1357. Repeal of joint resolution to promote peace and stability in
the Middle East.
Sec. 1358. Sense of Congress regarding the inclusion of sunset
provisions in authorizations for use of
military force.
Sec. 1359. Report on Mexico.
Sec. 1360. Unpaid Peruvian agrarian reform bonds.
Sec. 1361. Report on Chinese support to Russia with respect to its
unprovoked invasion of and full-scale war
against Ukraine.
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--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Sec. 1413. Study and pilot program on semiconductors and the National
Defense Stockpile.
Sec. 1414. Restoring essential energy and security holdings onshore for
rare earths.
Sec. 1415. Report on feasibility of increasing quantities of rare earth
permanent magnets in National Defense
Stockpile.
Sec. 1416. Study on stockpiling energy storage components.
Subtitle C--Homeland Acceleration of Recovering Deposits and Renewing
Onshore Critical Keystones
Sec. 1421. Authority to acquire materials for National Defense
Stockpile to address shortfalls.
Sec. 1422. Report on modifications to the national technology and
industrial base.
TITLE XV--CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A--Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Modification of office of primary responsibility for
strategic cybersecurity program.
Sec. 1503. Establishment of cyber operations designator and rating for
the Navy.
Sec. 1504. Cyber threat information collaboration environment program.
Sec. 1505. Department of defense enterprise-wide procurement of cyber
data products and services.
Sec. 1506. Cybersecurity of military standards for data.
Subtitle B--Information Operations
Sec. 1511. Military operations in information environment: authority
and notifications.
Sec. 1512. Limitation on availability of certain funds until submission
of joint lexicon for terms related to
information operations.
Sec. 1513. Joint information operations course.
Sec. 1514. Consistency in delegation of certain authorities relating to
information operations.
Sec. 1515. Assessment and optimization of Department of Defense
information operations within the cyber
domain.
Sec. 1516. Requirement to notify Chief of Mission of military operation
in the information environment.
Subtitle C--Reports and Other Matters
Sec. 1531. Annual reports on support by military departments for
cyberspace operations.
Sec. 1532. Independent review of posture and staffing levels of Office
of the Chief Information Officer.
Sec. 1533. Comprehensive review of Cyber Excepted Service.
Sec. 1534. Standardization of authority to operate applications in the
Department of Defense.
Sec. 1535. Establishment of hacking for national security and public
service innovation program.
Sec. 1536. Tailored cyberspace operations organizations.
Sec. 1537. Cyber operations-peculiar awards.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Review of definitions associated with Cyberspace Operations
Forces.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. National Security Space Launch program.
Sec. 1604. Responsive space strategy, principles, model architecture,
and implementation plans.
Sec. 1605. Responsive space demonstrations.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Report on tactically responsive space capabilities.
Sec. 1608. Sense of Congress on Range of the Future and support to
commercial space launch activity.
Sec. 1609. Report on hyperspectral satellite technology.
Sec. 1610. Report on space debris.
Sec. 1611. Plan on pilot program for deployment of dedicated X-band
small satellite communications.
Sec. 1612. Report on stratospheric balloons, aerostats, or satellite
technology capable of rapidly delivering
wireless internet.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that
support operational preparation of the
environment.
Sec. 1622. Executive agent for explosive ordnance intelligence.
Sec. 1623. Information on cover and cover support activities.
Sec. 1624. Funding for research and development of advanced naval
nuclear fuel system based on low-enriched
uranium.
Subtitle C--Nuclear Forces
Sec. 1631. Improvements to Nuclear Weapons Council.
Sec. 1632. Portfolio management framework for nuclear forces.
Sec. 1633. Modification of Annual Assessment of Cyber Resilience of
Nuclear Command and Control System.
Sec. 1634. Nuclear-capable sea-launched cruise missile.
Sec. 1635. Limitation on availability of certain funds until submission
of information relating to proposed budget
for nuclear-armed sea-launched cruise
missile.
Sec. 1636. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Subtitle D--Missile Defense Programs
Sec. 1641. Repeal of requirement to transition ballistic missile
defense programs to the military
departments.
Sec. 1642. Fire control architectures.
Sec. 1643. Limitation on availability of certain funds until required
acquisition authority designation relating
to capability to defend the homeland from
cruise missiles.
Sec. 1644. Limitation on availability of funds until submission of
report on layered defense for the homeland.
Sec. 1645. Middle East integrated air and missile defense.
Sec. 1646. Strategy to use asymmetric capabilities to defeat hypersonic
missile threats.
Sec. 1647. Report on integrated air and missile defense sensor of
United States Indo-Pacific Command.
Sec. 1648. Risk reduction in procurement of Guam missile defense
system.
Sec. 1649. Plan on delivering Shared Early Warning System data to
certain allies and partners of the United
States.
Sec. 1650. Reports on ground-based interceptors.
Sec. 1651. Report on missile defense interceptor site in contiguous
United States.
Sec. 1652. Report on gun launched interceptor technologies.
Sec. 1653. Report on radiation hardened, thermally insensitive
telescopes for SM-3 interceptor.
Subtitle E--Other Matters
Sec. 1661. Cooperative threat reduction funds.
Sec. 1662. Study of weapons programs that allow the Armed Forces to
address hard and deeply buried targets.
Sec. 1663. Unidentified aerial phenomena reporting procedures.
TITLE XVII--MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Modification to Special Defense Acquisition Fund.
Sec. 1702. Development of technologies with respect to critical,
preferred, and precision-guided
conventional munitions.
Sec. 1703. Sense of Congress and quarterly briefings on replenishment
and revitalization of stocks of tactical
missiles provided to Ukraine.
Sec. 1704. Assessment of acquisition objectives for Patriot air and
missile defense battalions.
Sec. 1705. Federally funded research and development center analysis of
Department of Defense capability and
capacity to replenish missile and munition
inventories.
Sec. 1706. Out-Year Unconstrained Total Munitions Requirement, Out-Year
inventory numbers, and critical munitions
reserve.
Sec. 1707. Identification of subcontractors for critical munitions
contracts.
Sec. 1708. Study on stockpiles and production of critical guided
munitions.
Sec. 1709. Ukraine Critical Munitions Acquisition Fund.
Sec. 1710. Quarterly briefings on replenishment and revitalization of
stocks of defensive and offensive weapons
provided to Ukraine.
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 and automatic execution of conforming changes
to tables of sections, tables of contents,
and similar tabular entries.
Sec. 2004. Directing the Secretary of Defense to continue military
housing reforms.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Demolition of District of Columbia Fort McNair Quarters 4,
13, and 15.
Sec. 2105. Modification of authority to carry out certain fiscal year
2019 project.
Sec. 2106. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2107. Modification of authority to carry out certain fiscal year
2018 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
Sec. 2204. Extension of authority to carry out certain fiscal year 2018
project.
Sec. 2205. Transfer of customers from electrical utility system of the
Navy at former Naval Air Station Barber's
Point, Hawaii, to new electrical system in
Kalaeloa, Hawaii.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing and improvements to military family housing
units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2018
projects.
Sec. 2305. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2306. Modification of authority to carry out certain military
construction projects at Tyndall Air Force
Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction
project.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2604. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2605. Authorization of appropriations, National Guard and Reserve.
Sec. 2606. Corrections to authority to carry out certain fiscal year
2022 projects.
Sec. 2607. Extension of authority to carry out certain fiscal year 2018
projects.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal
activities through Department of Defense
Base Closure Account.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Modification of annual locality adjustment of dollar
thresholds applicable to unspecified minor
military construction authorities.
Sec. 2802. Military construction projects for innovation, research,
development, test, and evaluation.
Sec. 2803. Further clarification of requirements related to authorized
cost and scope of work variations.
Sec. 2804. Use of operation and maintenance funds for certain
construction projects outside the United
States.
Sec. 2805. Increase in maximum approved cost of unspecified minor
military construction projects.
Sec. 2806. Increase in unspecified minor military construction
authority for laboratory revitalization
projects.
Sec. 2807. Permanent application of dollar limits for location and
application to projects outside the United
States.
Sec. 2808. Prohibition on availability of funds for special operations
forces military construction.
Sec. 2809. Requirements relating to certain military construction
projects.
Sec. 2809A. Supervision of large military construction projects.
Sec. 2809B. Local hire requirements for military construction
contracts.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Standardization of military installation Housing
Requirements and Market Analyses.
Sec. 2812. Notice requirement for MHPI ground lease extensions.
Sec. 2813. Annual briefings on military housing privatization projects.
Sec. 2814. Privatization of Navy and Air Force transient housing.
Sec. 2815. Military housing feedback tool.
Sec. 2816. Screening and registry of individuals with health conditions
resulting from unsafe housing units.
Sec. 2817. Mandatory disclosure of presence of mold and health effects
of mycotoxins before a lease is signed for
privatized military housing.
Sec. 2818. Modification of prohibition on ownership or trading of
stocks in certain companies by certain
officials of the Department of Defense.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Authorized land and facilities transfer to support contracts
with Federally Funded Research and
Development Centers.
Sec. 2822. Restoration or replacement of damaged, destroyed, or
economically unrepairable facilities.
Sec. 2823. Defense access road program enhancements to address
transportation infrastructure in vicinity
of military installations.
Sec. 2824. Physical entrances to certain military installations.
Sec. 2825. Improvements relating to access to military installations in
United States.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Limitation on use of funds pending completion of military
installation resilience component of master
plans for at-risk major military
installations.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Consideration of installation of integrated solar roofing to
improve energy resiliency of military
installations.
Sec. 2842. Study of military housing resilience and energy efficiency.
Subtitle F--Land Conveyances
Sec. 2851. Extension of time frame for land conveyance, Sharpe Army
Depot, Lathrop, California.
Sec. 2852. Authority for transfer of administrative jurisdiction,
Castner Range, Fort Bliss, Texas.
Sec. 2853. Conveyance, Joint Base Charleston, South Carolina.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Dam Neck Annex,
Virginia Beach, Virginia.
Sec. 2855. Land exchange, Marine Reserve Training Center, Omaha,
Nebraska.
Subtitle G--Miscellaneous Studies and Reports
Sec. 2861. FFRDC study on practices with respect to development of
military construction projects.
Sec. 2862. Feasibility study for Blue Grass Chemical Agent-Destruction
Pilot Plant.
Sec. 2863. Comptroller General assessment of military construction,
maintenance, and upgrades of joint base
infrastructure and facilities.
Sec. 2864. Report on underground tunnels and facilities in Hawaii.
Sec. 2865. Comptroller General report on community engagement
activities at military installations in
foreign countries.
Sec. 2866. Report on recognition of African American servicemembers in
Department of Defense naming practices.
Sec. 2867. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2868. Directing the Secretary of Defense to deliver a briefing on
housing with respect to junior members of
the Armed Forces.
Sec. 2869. Reporting on lead service lines and lead plumbing.
Subtitle H--Other Matters
Sec. 2871. Defense community infrastructure program.
Sec. 2872. Inclusion in Defense Community Infrastructure Pilot Program
of certain projects for ROTC training.
Sec. 2873. Basing decision scorecard consistency and transparency.
Sec. 2874. Lease or use agreement for category 3 subterranean training
facility.
Sec. 2875. Required consultation with State and local entities on
issues related to increase in number of
military personnel at military
installations.
Sec. 2876. Required investments in improving child development centers.
Sec. 2877. Limitation on use of funds for closure of combat readiness
training centers.
Sec. 2878. Pilot program on use of mass timber in military construction
projects.
Sec. 2879. Contributions for climate resilience for North Atlantic
Treaty Organizations Security Investment.
Sec. 2880. Screening and registry of individuals with health conditions
resulting from unsafe housing units.
Sec. 2881. Recognition of Memorial, Memorial Garden, and K9 Memorial of
the National Navy UDT-SEAL Museum in Fort
Pierce, Florida, as a national memorial,
memorial garden, and K9 memorial,
respectively, of Navy SEALs and their
predecessors.
Sec. 2882. Ensuring that contractor employees on Army Corps projects
are paid prevailing wages as required by
law.
Sec. 2883. Inclusion of climate resilience services in the Combatant
Commander Initiative Fund.
Sec. 2884. Interagency Regional Coordinator for Resilience Pilot
Project.
TITLE XXIX--SCIENCE AND TECHNOLOGY MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition project.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorization of appropriations.
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, Limitations, and
Other Matters
Sec. 3111. Plutonium pit production capacity.
Sec. 3112. Nuclear warhead acquisition process.
Sec. 3113. Authorized personnel levels of the Office of the
Administrator.
Sec. 3114. Modification to certain reporting requirements.
Sec. 3115. Modifications to long-term plan for meeting national
security requirements for unencumbered
uranium.
Sec. 3116. Modification of minor construction threshold for plant
projects.
Sec. 3117. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
Sec. 3118. Comptroller General study on National Nuclear Security
Administration management and operation
contracting process.
Sec. 3119. Funding for W80-4 life extension program.
Sec. 3120. Requirements for specific request for new or modified
nuclear weapons.
Sec. 3121. Extension of deadline for transfer of parcels of land in New
Mexico.
Sec. 3122. Designation of National Nuclear Security Administration as
technical nuclear forensics lead.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME SECURITY
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to
cargoes procured, furnished, or financed by
other Federal departments and agencies.
Sec. 3503. United States marine highway program.
Sec. 3504. Multistate, State, and regional transportation planning.
Subtitle B--Merchant Marine Academy
Sec. 3511. Appointment of Superintendent of United States Merchant
Marine Academy.
Sec. 3512. Exemption of certain students from requirement to obtain
merchant mariner license.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Requirements relating to training of Merchant Marine Academy
cadets on certain vessels.
Sec. 3515. Reports on matters relating to the United States Merchant
Marine Academy.
Subtitle C--Vessels
Sec. 3521. Waiver of navigation and vessel-inspection laws.
Sec. 3522. Certificates of numbers for undocumented vessels.
Sec. 3523. Recapitalization of National Defense Reserve Fleet.
Sec. 3524. Cargoes procured, furnished, or financed by the United
States Government.
Subtitle D--Reports and Other Matters
Sec. 3532. National maritime transportation report and strategy.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI--VETERANS AFFAIRS MATTERS
Sec. 5101. Maximum rate of interest on debts incurred before military
service applicable to military dependents.
Sec. 5102. Report on handling of certain records of the Department of
Veterans Affairs.
Sec. 5103. Sense of Congress regarding women who served as cadet nurses
during World War II.
Sec. 5104. Sense of Congress regarding Korean and Korean-American
Vietnam war veterans.
Sec. 5105. Use of veterans with medical occupations in response to
national emergencies.
Sec. 5106. Pilot program to employ veterans in positions relating to
conservation and resource management
activities.
Sec. 5107. Elimination of Asset and Infrastructure Review Commission of
Department of Veterans Affairs.
Sec. 5108. Eligibility requirements for reimbursement for emergency
treatment furnished to veterans.
Sec. 5109. Improving processing by the Department of Veterans Affairs
of disability claims for post-traumatic
stress disorder.
Sec. 5110. Registry of individuals exposed to per- and polyfluoroalkyl
substances on military installations.
Sec. 5111. Department of Veterans Affairs Advisory Committee on United
States Outlying Areas and Freely Associated
States.
Sec. 5112. Report on barriers to veteran participation in Federal
housing programs.
Sec. 5113. Department of Veterans Affairs report on supportive services
and housing insecurity.
Sec. 5114. Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S.
Frank E. Evans killed on June 3, 1969.
Sec. 5115. Provision of health care benefits for certain individuals
who served in the armed forces of the
Republic of Korea.
Sec. 5116. Grants for provision of transition assistance to members and
former members of the Armed Forces after
separation, retirement, or discharge.
Sec. 5117. Study on incidence and mortality of cancer among former
aircrew of the Navy, Air Force, and Marine
Corps.
Sec. 5118. Feasibility study on inclusion on the Vietnam Veterans
Memorial Wall of the names of the lost crew
members of the USS Frank E. Evans killed on
June 3, 1969.
Sec. 5119. Limitation on copayments for contraception.
Sec. 5120. Requirement for timely scheduling of appointments at medical
facilities of Department of Veterans
Affairs.
Sec. 5121. Provision by Department of Veterans Affairs health care
providers of recommendations and opinions
regarding veteran participation in State
marijuana programs.
Sec. 5122. Annual report from the advisory committee on women veterans.
Sec. 5123. VA payments or allowances for beneficiary travel.
Sec. 5124. Improvement of Vet Centers at Department of Veterans
Affairs.
Sec. 5125. Secretary of Veterans Affairs study on VA Home Loan Benefit.
Sec. 5126. GAO study on post-market surveillance of medical devices by
Department of Veterans Affairs.
Sec. 5127. Competitive pay for health care providers of the Department
of Veterans Affairs.
Sec. 5128. Department of Veterans Affairs program to provide grants for
certain veterans service organizations
affected by the COVID-19 Pandemic.
Sec. 5129. Inclusion of veterans in housing planning.
Sec. 5130. Annual report on housing assistance to veterans.
Sec. 5131. Payments to individuals who served during World War II in
the United States Merchant Marine.
Sec. 5132. Expansion of eligibility for hospital care, medical
services, and nursing home care from the
Department of Veterans Affairs to include
veterans of World War II.
Sec. 5133. Pilot program on cybersecurity training for veterans and
military spouses.
Sec. 5134. Department of Veterans Affairs awareness campaign on
fertility services.
TITLE LII--HOMELAND SECURITY MATTERS
Sec. 5201. Chemical Security Analysis Center.
Sec. 5202. National Cybersecurity Preparedness Consortium.
Sec. 5203. Report on cybersecurity roles and responsibilities of the
Department of Homeland Security.
Sec. 5204. Exemption of certain Homeland Security fees for certain
immediate relatives of an individual who
received the Purple Heart.
Sec. 5205. Clarifications regarding scope of employment and
reemployment rights of members of the
uniformed services.
Sec. 5206. Critical technology security centers.
Sec. 5207. Systemically important entities.
Sec. 5208. GAO review of Department of Homeland Security efforts
related to establishing space as a critical
infrastructure sector.
Sec. 5209. Report on commercial satellite cybersecurity; CISA
commercial satellite system cybersecurity
clearinghouse.
Sec. 5210. Reports, evaluations, and research regarding drug
interdiction at and between ports of entry.
Sec. 5211. Report on Puerto Rico's electric grid.
Sec. 5212. Access to military installations for Homeland Security
Investigations personnel in Guam.
Sec. 5213. Building cyber resilience after SolarWinds.
Sec. 5214. CISA director appointment and term.
Sec. 5215. Department of Homeland Security report relating to
establishment of preclearance facility in
Taiwan.
Sec. 5216. Human trafficking training.
TITLE LIII--TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec. 5301. Calculation of active service.
Sec. 5302. Acquisition of icebreaker.
Sec. 5303. Department of Defense civilian pilots.
Sec. 5304. Pilot program for spaceflight recovery operations at sea.
Sec. 5305. Port infrastructure development grants.
Sec. 5306. Preliminary damage assessment.
Sec. 5307. Designation of small state and rural advocate.
Sec. 5308. Flexibility.
Sec. 5309. Menstrual products in public buildings.
Sec. 5310. Fly America Act exception.
Sec. 5311. Aqua alert notification system pilot program.
Sec. 5312. Recognizing FEMA support.
Sec. 5313. Definitions.
Sec. 5314. Permitting use of highway trust fund for construction of
certain noise barriers.
Sec. 5315. Establishment of Southern New England Regional Commission.
Sec. 5316. Critical document fee waiver.
Sec. 5317. Disadvantaged business enterprises.
Sec. 5318. Secretary of Agriculture report on improving supply chain
shortfalls and infrastructure needs at
wholesale produce markets.
Sec. 5319. Report on improving counterterrorism security at passenger
rail stations.
Sec. 5320. Extreme weather events.
Sec. 5321. Safety standards.
Sec. 5322. Extension.
Sec. 5323. Centers of excellence for domestic maritime workforce
training and education.
Sec. 5324. Duplication of benefits.
Sec. 5325. Flight instruction or testing.
Sec. 5326. High-speed broadband deployment initiative.
TITLE LIV--FINANCIAL SERVICES MATTERS
Subtitle A--In General
Sec. 5401. Services That Open Portals to Dirty Money Act.
Sec. 5402. Review of Cyber-related Matters at the Department of the
Treasury.
Sec. 5403. Strengthening Awareness of Sanctions.
Sec. 5404. Briefing on Chinese support for Afghan illicit finance.
Sec. 5405. Support for international initiatives to provide debt
restructuring or relief to developing
countries with unsustainable levels of
debt.
Sec. 5406. Payment choice.
Sec. 5407. Disclosure requirements relating to China-based hedge funds
capital raising activities in the United
States through certain exempted
transactions.
Sec. 5408. Russia and Belarus Financial Sanctions.
Sec. 5409. Appraisal standards for single-family housing mortgages.
Sec. 5410. China financial threat mitigation.
Sec. 5411. Review of FHA small-dollar mortgage practices.
Sec. 5412. Disclosure of businesses ties to Russia.
Sec. 5413. Small business loan data collection.
Sec. 5414. Nationwide Emergency Declaration medical supplies
enhancement.
Sec. 5415. Special measures to fight modern threats.
Sec. 5416. Submission of data relating to diversity.
Sec. 5417. Diversity advisory group.
Sec. 5418. Discount on mortgage insurance premium payments for first-
time homebuyers who complete financial
literacy housing counseling programs.
Sec. 5419. Capacity building for community development and affordable
housing.
Sec. 5420. Affordable housing construction as eligible activity under
Community Development Block Grant Program.
Sec. 5421. Consideration of small home mortgage lending under Community
Reinvestment Act.
Sec. 5422. Prohibition on consumer reports containing adverse
information related to certain student
loans.
Sec. 5423. Extension of the Central Liquidity Facility.
Sec. 5424. Promoting capital raising options for traditionally
underrepresented small businesses.
Sec. 5425. Improvements by countries in combating narcotics-related
money laundering.
Sec. 5426. Study on the role of online platforms and tenant screening
companies in the housing market.
Sec. 5427. United States opposition to multilateral development bank
projects that provide a public subsidy to a
private sector firm unless the subsidy is
awarded using an open, competitive process
or on an open-access basis.
Sec. 5428. United States contribution to the Catastrophe Containment
and Relief Trust at the International
Monetary Fund.
Sec. 5429. Public reporting of United States votes to support, or
abstention from voting on, multilateral
development bank projects under the
Guidance on Fossil Fuel Energy at the
Multilateral Development Banks issued by
the Department of the Treasury on August
16, 2021.
Sec. 5430. United States policy on international finance corporation
disclosure of high and substantial risk
sub-projects of financial intermediary
clients.
Sec. 5431. United states policy on multilateral development bank
disclosure of beneficial ownership
information.
Sec. 5432. Strengthening the SEC's Whistleblower Fund.
Sec. 5433. United States policy on World Bank Group and Asian
Development Bank assistance to the People's
Republic of China.
Sec. 5434. Addition of United Kingdom and Australia as DPA domestic
sources.
Sec. 5435. Servicemember protections for medical debt collections.
Sec. 5436. Protections for active duty uniformed consumer.
Sec. 5437. Fair Debt Collection Practices for Servicemembers.
Sec. 5438. Fair hiring in banking.
Sec. 5439. Banking transparency for sanctioned persons.
Sec. 5440. Ukraine debt payment relief.
Sec. 5441. Grant program for grandfamily housing.
Sec. 5442. Flexibility in Addressing Rural Homelessness.
Sec. 5443. Promoting diversity and inclusion in the appraisal
profession.
Sec. 5444. Combating Trade-Based Money Laundering.
Sec. 5445. Disclosure of disability, veteran, and military status.
Sec. 5446. Strengthening Cybersecurity for the Financial Sector.
Sec. 5447. Review of IMF loan surcharge policy.
Sec. 5448. Grants to eligible entities for enhanced protection of
senior investors and senior policyholders.
Sec. 5449. Banking Transparency for Sanctioned Persons.
Sec. 5450. Bureau servicemember and veteran credit reporting
ombudsperson.
Sec. 5451. Senior Investor Taskforce.
Sec. 5452. Military service question.
Sec. 5453. Prohibition on trading ahead by market makers.
Sec. 5454. Securing America's Vaccines for Emergencies.
Sec. 5455. Special Drawing Rights exchange prohibition.
Sec. 5456. Prohibition on insider trading.
Sec. 5457. Community development block grant disaster recovery program.
Subtitle B--SAFE Banking
Sec. 5461. Short title; table of contents; purpose.
Sec. 5462. Safe harbor for depository institutions.
Sec. 5463. Protections for ancillary businesses.
Sec. 5464. Protections under Federal law.
Sec. 5465. Rules of construction.
Sec. 5466. Requirements for filing suspicious activity reports.
Sec. 5467. Guidance and examination procedures.
Sec. 5468. Annual diversity and inclusion report.
Sec. 5469. GAO study on diversity and inclusion.
Sec. 5470. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5471. Application of this subtitle with respect to hemp-related
legitimate businesses and hemp-related
service providers.
Sec. 5472. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
Sec. 5473. Requirements for deposit account termination requests and
orders.
Sec. 5474. Definitions.
Sec. 5475. Discretionary surplus funds.
TITLE LV--NATURAL RESOURCES MATTERS
Sec. 5501. Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas
Equal and Fair Opportunity amendment.
Sec. 5502. Inclusion of Commonwealth of the Northern Mariana Islands
and American Samoa.
Sec. 5503. Amendments to Sikes Act.
Sec. 5504. Brennan Reef.
Sec. 5505. Establishment of Fund.
Sec. 5506. Leasing on the Outer Continental Shelf.
Sec. 5507. Continental Divide National Scenic Trail.
Sec. 5508. Sacramento-San Joaquin Delta National Heritage Area.
Sec. 5509. New York-New Jersey Watershed Protection.
Sec. 5510. Authorization of appropriations for the National Maritime
Heritage Grant Program.
Sec. 5511. Berryessa Snow Mountain National Monument Expansion.
TITLE LVI--INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A--Inspector General Independence
Sec. 5601. Short title.
Sec. 5602. Removal or transfer of inspectors general; placement on non-
duty status.
Sec. 5603. Vacancy in position of inspector general.
Sec. 5604. Office of inspector general whistleblower complaints.
Subtitle B--Presidential Explanation of Failure to Nominate an
Inspector General
Sec. 5611. Presidential explanation of failure to nominate an inspector
general.
Subtitle C--Integrity Committee of the Council of Inspectors General on
Integrity and Efficiency Transparency
Sec. 5621. Short title.
Sec. 5622. Additional information to be included in requests and
reports to Congress.
Sec. 5623. Availability of information to Congress on certain
allegations of wrongdoing closed without
referral.
Sec. 5624. Semiannual report.
Sec. 5625. Additional reports.
Sec. 5626. Requirement to report final disposition to Congress.
Sec. 5627. Investigations of Offices of Inspectors General of
establishments by the Integrity Committee.
Subtitle D--Notice of Ongoing Investigations When There Is a Change in
Status of Inspector General
Sec. 5631. Notice of ongoing investigations when there is a change in
status of Inspector General.
Subtitle E--Council of the Inspectors General on Integrity and
Efficiency Report on Expenditures
Sec. 5641. CIGIE report on expenditures.
Subtitle F--Notice of Refusal to Provide Inspectors General Access
Sec. 5651. Notice of refusal to provide information or assistance to
inspectors general.
Subtitle G--Training Resources for Inspectors General and Other Matters
Sec. 5671. Training resources for inspectors general.
Sec. 5672. Definition of appropriate congressional committees.
Sec. 5673. Semiannual reports.
Sec. 5674. Submission of reports that specifically identify non-
governmental organizations or business
entities.
Sec. 5675. Review relating to vetting, processing, and resettlement of
evacuees from Afghanistan and the
Afghanistan special immigrant visa program.
Sec. 5676. Investigations of department of justice personnel.
Sec. 5677. Law enforcement authority of the Inspector General of the
United States International Development
Finance Corporation.
Sec. 5678. Inspector General for the Office of Management and Budget.
TITLE LVII--FEDERAL EMPLOYEE MATTERS
Sec. 5701. Appeals to Merit Systems Protection Board relating to FBI
reprisal allegations; salary of Special
Counsel.
Sec. 5702. Minimum wage for Federal contractors.
Sec. 5703. Federal wildland firefighter recruitment and retention.
Sec. 5704. Study and report on returnship programs.
Sec. 5705. Limitations on exception of competitive service positions.
TITLE LVIII--OTHER MATTERS
Subtitle A--In General
Sec. 5801. Afghan Allies Protection.
Sec. 5802. Advancing Mutual Interests and Growing Our Success.
Sec. 5803. Expansion of study of PFAS contamination.
Sec. 5804. National research and development strategy for distributed
ledger technology.
Sec. 5805. Commercial air waiver for next of kin regarding
transportation of remains of casualties.
Sec. 5806. Arms Exports Delivery Solutions Act.
Sec. 5807. Prohibition on transfers to Badr Organization.
Sec. 5808. Prohibition of Federal funding for induced or required
undermining of security of consumer
communications goods.
Sec. 5809. Foreign state computer intrusions.
Sec. 5810. School PFAS testing and filtration program.
Sec. 5811. Report on EMT national licensing standards.
Sec. 5812. Requirement for cut flowers and cut greens displayed in
certain Federal buildings to be produced in
the United States.
Sec. 5813. Renegotiation of Compacts of Free Association.
Sec. 5814. Interagency report on extremist activity.
Sec. 5815. Reporting on previous Federal Bureau of Investigation and
Department of Homeland Security
requirements.
Sec. 5816. PFAS data call.
Sec. 5817. Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor
Standards Act of 1938.
Sec. 5818. Report on human rights in the Philippines.
Sec. 5819. Requirement for the Secretary of Housing and Urban
Development to annually report complaints
of sexual harassment.
Sec. 5820. Department of Labor study on factors affecting employment
opportunities for immigrants and refugees
with professional credentials obtained in
foreign countries.
Sec. 5821. Sense of Congress and statement of policy on Haiti.
Sec. 5822. Correctional Facility Disaster Preparedness.
Sec. 5823. Nondiscrimination in Federal hiring for veteran medical
cannabis users; Authorized provision of
information on State-approved marijuana
programs to veterans.
Sec. 5824. Report on certain entities connected to foreign persons on
the murder of Jamal Khashoggi.
Sec. 5825. Review of implementation of United States sanctions with
respect to violators of the arms embargo on
Libya.
Sec. 5826. Modification of prior notification of shipment of arms.
Sec. 5827. Study and report on feasability of suspension of mergers,
acquisitions, and takeovers of certain
foreign surveillance companies.
Sec. 5828. Report on political prisoners in Egypt.
Sec. 5829. Attorney General authority to transfer forfeited Russian
assets to assist Ukraine.
Sec. 5830. Removing Russian rough diamonds from global markets.
Sec. 5831. Liu Xiaobo Fund for Study of the Chinese language.
Sec. 5832. Access for Veterans to Records.
Sec. 5833. Japanese American confinement education grants.
Sec. 5834. Reporting on internationally recognized human rights in the
United States in the annual Country Reports
on Human Rights Practices.
Sec. 5835. Export prohibition of munitions items to the Hong Kong
police force.
Sec. 5836. Congressional notification for rewards paid using
cryptocurrencies.
Sec. 5837. Consultations on reuniting Korean Americans with family
members in North Korea.
Sec. 5838. Secure access to sanitation facilities for women and girls.
Sec. 5839. Blackwater Trading Post Land.
Sec. 5840. Authorizations relating to veterinary care overseas.
Sec. 5841. Crisis counseling assistance and training.
Sec. 5842. Prohibited uses of acquired, donated, and conservation land.
Sec. 5843. Jamal Khashoggi Press Freedom Accountability Act of 2021.
Sec. 5844. GAO study on the Daniel Pearl Freedom of the Press Act of
2009.
Sec. 5845. Secretary of State assistance for prisoners in Islamic
Republic of Iran.
Sec. 5846. Policy regarding development of nuclear weapons by Iran.
Sec. 5847. Transfer of NOAA property in Norfolk, Virginia.
Sec. 5848. Elimination of sentencing disparity for cocaine offenses.
Sec. 5849. Imposition of sanctions with respect to the sale, supply, or
transfer of gold to or from Russia.
Sec. 5850. Support for Afghan Special Immigrant Visa and Refugee
Applicants.
Sec. 5851. Liability for failure to disclose or update information.
Sec. 5852. Government Accountability Office study and report on
contractors using distributors to avoid
scrutiny.
Sec. 5853. Supplement to Federal Employee Viewpoint Survey.
Sec. 5854. Certain activities relating to intimate visual depictions.
Sec. 5855. Waiver of special use permit application fee for veterans'
special events.
Sec. 5856. Regional water programs.
Sec. 5857. Limitation on licenses and other authorizations for export
of certain items removed from the
jurisdiction of the United States Munitions
List and made subject to the jurisdiction
of the Export Administration Regulations.
Sec. 5858. Review of standard occupational classification system.
Sec. 5859. United States Fire Administration on-site investigations of
major fires.
Sec. 5860. Multilateral agreement to establish an independent
international center for research on the
information environment.
Sec. 5861. Prioritization of efforts of the Department of State to
combat international trafficking in covered
synthetic drugs.
Sec. 5862. Isolate Russian Government Officials Act of 2022.
Sec. 5863. Prohibition on certain assistance to the Philippines.
Sec. 5864. Gender analysis in foreign training programs.
Sec. 5865. Report on Columbian military forces.
Sec. 5866. Federal Contracting for Peace and Security.
Sec. 5867. Department of Defense Cyber and Digital Service Academy.
Sec. 5868. Democracy disruption in the Middle East and Africa.
Sec. 5869. Feasibility study on United States support for and
participation in the international
counterterrorism academy in Cote d'Ivoire.
Sec. 5870. Memorial for those who lost their lives in the attack on
Hamid Karzai International Airport on
August 26, 2021.
Sec. 5871. Reports on substance abuse in the Armed Forces.
Sec. 5872. GAO report on civilian support positions at remote military
installations.
Sec. 5873. GAO study on Foreign Service Institute's School of Language
Studies.
Sec. 5874. Report on waivers under section 907 of the Freedom for
Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992.
Sec. 5875. Amendments to the Ukraine Freedom Support Act of 2014.
Sec. 5876. GAO study on end use monitoring.
Sec. 5877. Sense of Congress regarding the life and legacy of Senator
Joseph Maxwell Cleland.
Sec. 5878. Repeal of 1991 Authorization for Use of Military Force
Against Iraq Resolution.
Sec. 5879. ONDCP supplemental strategies.
Sec. 5880. Support for Afghans applying for student visas.
Sec. 5881. Immigration age-out protections.
Sec. 5882. Medicare Improvement Fund.
Sec. 5883. Clean Water Act effluent limitations guidelines and
standards and water quality criteria for
PFAS.
Sec. 5884. Amendments to the Maine Indian Claims Settlement Act of
1980.
Sec. 5885. Sense of Congress that the Department of Veterans Affairs
should be prohibited from denying home
loans for veterans who legally work in the
marijuana industry.
Sec. 5886. Hermit's Peak/Calf Canyon Fire Assistance.
Sec. 5887. Open Technology Fund grants.
Sec. 5888. Strategic transformer reserve and resilience.
Sec. 5889. AI in Counterterrorism Oversight Enhancement.
Sec. 5890. Elimination of termination clause for Global Engagement
Center.
Sec. 5891. Resolution of controversies under Servicemembers Civil
Relief Act.
Sec. 5892. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 5893. Clarification of private right of action under
Servicemembers Civil Relief Act.
Sec. 5894. Definition of land use revenue under West Los Angeles
Leasing Act of 2016.
Sec. 5895. Report on the use of data and data science at the Department
of State and USAID.
Sec. 5896. Modification of reports to Congress under Global Magnitsky
Human Rights Accountability Act.
Sec. 5897. Department of State fellowships for rule of law activities
in Central America.
Sec. 5898. Report on all comprehensive sanctions imposed on foreign
governments.
Sec. 5899. Wastewater assistance to colonias.
Sec. 5900. Contracts by the President, the Vice President, or a Cabinet
Member.
Sec. 5901. Statement of policy and report on engaging with Niger.
Sec. 5902. Interagency task force.
Sec. 5903. Modification of duties of united states-china economic and
security review commission.
Sec. 5904. Taiwan Fellowship Program.
Sec. 5905. Treatment of paycheck protection program loan forgiveness of
payroll costs under highway and public
transportation project cost-reimbursement
contracts.
Sec. 5906. Biliteracy Education Seal and Teaching Act.
Sec. 5907. Presumption of cause of disability or death due to
employment in fire protection activities.
Sec. 5908. Documenting and responding to discrimination against
migrants abroad.
Sec. 5909. Extending the statute of limitations for certain money
laundering offenses.
Sec. 5910. Foreign corruption accountability sanctions and criminal
enforcement.
Sec. 5911. FedRAMP Authorization Act.
Sec. 5912. Amendment.
Sec. 5913. Improving investigation and prosecution of child abuse
cases.
Sec. 5914. Report on humanitarian situation and food security in
Lebanon.
Sec. 5915. Designation of El Paso Community Healing Garden National
Memorial.
Sec. 5916. Administrator of General Services study on counterfeit items
on e-commerce platforms of the General
Services Administration.
Sec. 5917. Report on removal of service members.
Sec. 5918. Limitation on availability of funds for certain contractors
or grantees that require nondisparagement
or nondisclosure clause related to sexual
harassment and sexual assault.
Sec. 5919. Department of Homeland Security Office for Civil Rights and
Civil Liberties authorization.
Sec. 5920. Modification to peacekeeping operations report.
Sec. 5921. Report to Congress by Secretary of State on government-
ordered internet or telecommunications
shutdowns.
Sec. 5922. Survivors' bill of rights.
Sec. 5923. Admission of essential scientists and technical experts to
promote and protect National Security
Innovation Base.
Sec. 5924. Delaware River Basin Conservation reauthorization.
Subtitle B--Rights for the TSA Workforce Act of 2022
Sec. 5931. Short title.
Sec. 5932. Definitions.
Sec. 5933. Conversion of TSA personnel.
Sec. 5934. Transition rules.
Sec. 5935. Consultation requirement.
Sec. 5936. No right to strike.
Sec. 5937. Proposal on hiring and contracting background check
requirements.
Sec. 5938. Comptroller General reviews.
Sec. 5939. Sense of Congress.
Sec. 5940. Assistance for Federal air marshal service.
Sec. 5941. Prevention and protection against certain illness.
Sec. 5942. Hazardous duty payments.
Sec. 5943. Authorization of appropriations.
Sec. 5944. Study on feasibility of commuting benefits.
Sec. 5945. Briefing on assaults and threats on tsa employees.
Sec. 5946. Annual reports on TSA workforce.
DIVISION F--OTHER MATTERS
TITLE LX--TAIWAN PEACE AND STABILITY ACT
Sec. 6001. Short title.
Sec. 6002. Findings and statement of policy.
Sec. 6003. Definitions.
Subtitle A--Supporting Taiwan's Meaningful Participation in the
International Community
Sec. 6011. Findings.
Sec. 6012. Sense of Congress on Taiwan's meaningful participation in
the international community.
Sec. 6013. Strategy to support Taiwan's meaningful participation in
international organizations.
Sec. 6014. Expanding United States-Taiwan development cooperation.
Subtitle B--Advancing Taiwan's Economic Space
Sec. 6021. Sense of Congress on expanding U.S. economic relations with
Taiwan.
Subtitle C--Enhancing Deterrence Over Taiwan
Sec. 6031. Sense of Congress on peace and stability in the Taiwan
Strait.
Sec. 6032. Strategy to enhance deterrence over a cross-Strait conflict.
Sec. 6033. Strengthening Taiwan's civilian defense professionals.
TITLE LXI--LIBYA STABILIZATION ACT
Sec. 6101. Short title.
Sec. 6102. Statement of policy.
Subtitle A--Identifying Challenges to Stability in Libya
Sec. 6111. Report on activities of certain foreign governments and
actors in Libya.
Sec. 6112. Report of Russian activities and objectives in Libya.
Sec. 6113. Determination of sanctionable activities of the Libyan
National Army with respect to Syria.
Subtitle B--Actions to Address Foreign Intervention in Libya
Sec. 6121. Sanctions with respect to foreign persons leading,
directing, or supporting certain foreign
government involvement in Libya.
Sec. 6122. Sanctions with respect to foreign persons threatening the
peace or stability of Libya.
Sec. 6123. Sanctions with respect to foreign persons who are
responsible for or complicit in gross
violations of internationally recognized
human rights committed in Libya.
Sec. 6124. Sanctions described.
Sec. 6125. Waiver.
Sec. 6126. Implementation and regulatory authority.
Sec. 6127. Exception relating to importation of goods.
Sec. 6128. Definitions.
Sec. 6129. Suspension of sanctions.
Sec. 6130. Sunset.
Subtitle C--Assistance for Libya
Sec. 6131. Humanitarian relief for the people of Libya and
international refugees and migrants in
Libya.
Sec. 6132. Support for democratic governance, elections, and civil
society.
Sec. 6133. Engaging international financial institutions to advance
Libyan economic recovery and improve public
sector financial management.
Sec. 6134. Recovering assets stolen from the Libyan people.
Sec. 6135. Authority to expand educational and cultural exchange
programs with Libya.
TITLE LXII--DISTRICT OF COLUMBIA NATIONAL GUARD HOME RULE
Sec. 6251. Short title.
Sec. 6252. Extension of National Guard authorities to Mayor of the
District of Columbia.
Sec. 6253. Conforming amendments to title 10, United States Code.
Sec. 6254. Conforming amendments to title 32, United States Code.
Sec. 6255. Conforming amendment to the District of Columbia Home Rule
Act.
TITLE LXIII--PREVENTING FUTURE PANDEMICS
Sec. 6301. Definitions.
Sec. 6302. Country-driven approach to end the commercial trade in live
wildlife and associated wildlife markets.
Sec. 6303. Sense of Congress.
Sec. 6304. Statement of policy.
Sec. 6305. Prevention of future zoonotic spillover event.
Sec. 6306. Law enforcement attache deployment.
Sec. 6307. Reservation of rights.
TITLE LXIV--PROHIBITION OF ARMS SALES TO COUNTRIES COMMITTING GENOCIDE
OR WAR CRIMES AND RELATED MATTERS
Sec. 6401. Prohibition of arms sales to countries committing genocide
or war crimes.
Sec. 6402. Consideration of human rights and democratization in arms
exports.
Sec. 6403. Enhancement of congressional oversight of human rights in
arms exports.
Sec. 6404. End use monitoring of misuse of arms in human rights abuses.
Sec. 6405. Definitions.
TITLE LXV--BURMA ACT OF 2022
Sec. 6501. Short title.
Sec. 6502. Definitions.
Subtitle A--Matters Relating to the Conflict in Burma
Sec. 6511. Findings.
Sec. 6512. Statement of policy.
Subtitle B--Sanctions and Policy Coordination With Respect to Burma
Sec. 6521. Definitions.
Sec. 6522. Imposition of sanctions with respect to human rights abuses
and perpetration of a coup in Burma.
Sec. 6523. Certification requirement for removal of certain persons
from the list of specially designated
nationals and blocked persons.
Sec. 6524. Sanctions and policy coordination for Burma.
Sec. 6525. Support for greater United Nations action with respect to
Burma.
Sec. 6526. Sunset.
Subtitle C--Humanitarian Assistance and Civil Society Support With
Respect to Burma
Sec. 6531. Support to civil society and independent media.
Sec. 6532. Humanitarian assistance and reconciliation.
Sec. 6533. Authorization of assistance for Burma political prisoners.
Subtitle D--Accountability for Human Rights Abuses
Sec. 6541. Report on accountability for war crimes, crimes against
humanity, and genocide in Burma.
Sec. 6542. Authorization to provide technical assistance for efforts
against human rights abuses.
Subtitle E--Sanctions Exception Relating to Importation of Goods
Sec. 6551. Sanctions exception relating to importation of goods.
TITLE LXVI--PROMOTING AND ADVANCING COMMUNITIES OF COLOR THROUGH
INCLUSIVE LENDING ACT
Sec. 6601. Short title.
Subtitle A--Promoting and Advancing Communities of Color Through
Inclusive Lending
Sec. 6611. Strengthening diverse and mission-driven community financial
institutions.
Sec. 6612. Capital investments, grants, and technology support for MDIs
and CDFIs.
Sec. 6613. Supporting Young Entrepreneurs Program.
Sec. 6614. Map of minority depository institutions and community
development financial institutions.
Sec. 6615. Report on certified community development financial
institutions.
Sec. 6616. Consultation and minimization of data requests.
Sec. 6617. Access to the discount window of the Federal Reserve System
for MDIs and CDFIs.
Sec. 6618. Study on securitization by CDFIs.
Subtitle B--Promoting New and Diverse Depository Institutions
Sec. 6621. Study and strategic plan.
Subtitle C--Ensuring Diversity in Community Banking
Sec. 6631. Short title.
Sec. 6632. Sense of Congress on funding the loan-loss reserve fund for
small dollar loans.
Sec. 6633. Definitions.
Sec. 6634. Inclusion of women's banks in the definition of minority
depository institution.
Sec. 6635. Establishment of impact bank designation.
Sec. 6636. Minority Depositories Advisory Committees.
Sec. 6637. Federal deposits in minority depository institutions.
Sec. 6638. Minority Bank Deposit Program.
Sec. 6639. Diversity report and best practices.
Sec. 6640. Investments in minority depository institutions and impact
banks.
Sec. 6641. Report on covered mentor-protege programs.
Sec. 6642. Custodial deposit program for covered minority depository
institutions and impact banks.
Sec. 6643. Streamlined community development financial institution
applications and reporting.
Sec. 6644. Task force on lending to small business concerns.
Sec. 6645. Discretionary surplus fund.
Subtitle D--Expanding Opportunity for Minority Depository Institutions
Sec. 6651. Establishment of Financial Agent Mentor-Protege Program.
Subtitle E--CDFI Bond Guarantee Program Improvement
Sec. 6661. Sense of Congress.
Sec. 6662. Guarantees for bonds and notes issued for community or
economic development purposes.
Sec. 6663. Report on the CDFI bond guarantee program.
TITLE LXVII--HOMELAND SECURITY PROVISIONS
Subtitle A--Strengthening Security of Our Communities
Sec. 6701. Nonprofit security grant program improvement.
Sec. 6702. National Computer Forensics Institute reauthorization.
Sec. 6703. Homeland security capabilities preservation.
Sec. 6704. School and daycare protection.
Sec. 6705. Reporting efficiently to proper officials in response to
terrorism.
Sec. 6706. Cybersecurity grants for schools.
Subtitle B--Enhancing DHS Acquisitions and Supply Chain
Sec. 6721. Homeland procurement reform.
Sec. 6722. DHS software supply chain risk management.
Sec. 6723. Department of Homeland Security mentor-protege program.
Sec. 6724. DHS Trade and Economic Security Council.
Sec. 6725. DHS acquisition reform.
Sec. 6726. DHS Acquisition Review Board.
Sec. 6727. DHS contract reporting.
Sec. 6728. Unmanned aerial security.
Subtitle C--Enhancing DHS Operations
Sec. 6731. Quadrennial homeland security review technical corrections.
Sec. 6732. Bombing prevention.
Sec. 6733. DHS basic training accreditation improvement.
Sec. 6734. Department of Homeland Security Inspector General
transparency.
Sec. 6735. President's cup cybersecurity competition.
Sec. 6736. Industrial control systems cybersecurity training.
Sec. 6737. TSA reaching across nationalities, societies, and languages
to advance traveler education.
Sec. 6738. Best practices related to certain information collected by
rental companies and dealers (Darren
Drake).
Sec. 6739. One-stop pilot program.
Sec. 6740. DHS illicit cross-border tunnel defense.
Sec. 6741. Prevent exposure to narcotics and toxics.
Subtitle D--Technical, Conforming, and Clerical Amendments
Sec. 6751. Technical, conforming, and clerical amendments.
TITLE LXVIII--FEDERAL EMERGENCY MANAGEMENT ADVANCEMENT OF EQUITY
Sec. 6801. Definitions.
Subtitle A--Ensuring Equity in Federal Disaster Management
Sec. 6811. Data collection, analysis, and criteria.
Sec. 6812. Criteria for ensuring equity in policies and programs.
Sec. 6813. Metrics; report.
Subtitle B--Operational Enhancement to Improve Equity in Federal
Disaster Management
Sec. 6821. Equity advisor.
Sec. 6822. Equity Enterprise Steering Group.
Sec. 6823. GAO review of equity reforms.
Subtitle C--GAO Review of Factors to Determine Assistance
Sec. 6831. GAO review of factors to determine assistance.
TITLE LXIX--GLOBAL HEALTH SECURITY ACT OF 2022
Sec. 6901. Short title.
Sec. 6902. Findings.
Sec. 6903. Statement of policy.
Sec. 6904. Global Health Security Agenda Interagency Review Council.
Sec. 6905. United States Coordinator for Global Health Security.
Sec. 6906. Sense of Congress.
Sec. 6907. Strategy and reports.
Sec. 6908. Establishment of fund for global health security and
pandemic preparedness.
Sec. 6909. Fund authorities.
Sec. 6910. Fund administration.
Sec. 6911. Fund Advisory Board.
Sec. 6912. Reports to Congress on the Fund.
Sec. 6913. United States contributions.
Sec. 6914. Compliance with the Foreign Aid Transparency and
Accountability Act of 2016.
Sec. 6915. Definitions.
Sec. 6916. Sunset.
TITLE LXX--PROTECTION OF SAUDI DISSIDENTS
Sec. 7001. Restrictions on transfers of defense articles and services,
design and construction services, and major
defense equipment to Saudi Arabia.
Sec. 7002. Report on consistent pattern of acts of intimidation or
harassment directed against individuals in
the United States.
Sec. 7003. Report and certification with respect to Saudi diplomats and
diplomatic facilities in the United States.
Sec. 7004. Report on the duty to warn obligation of the Government of
the United States.
TITLE LXXI--COLORADO AND GRAND CANYON PUBLIC LANDS
Sec. 7101. Definition of State.
Subtitle A--Continental Divide
Sec. 7111. Definitions.
Sec. 7112. Colorado Wilderness additions.
Sec. 7113. Williams Fork Mountains potential wilderness.
Sec. 7114. Tenmile Recreation Management Area.
Sec. 7115. Porcupine Gulch Wildlife Conservation Area.
Sec. 7116. Williams Fork Mountains Wildlife Conservation Area.
Sec. 7117. Spraddle Creek Wildlife Conservation Area.
Sec. 7118. Camp Hale National Historic Landscape.
Sec. 7119. White River National Forest boundary modification.
Sec. 7120. Rocky Mountain National Park potential wilderness boundary
adjustment.
Sec. 7121. Administrative provisions.
Subtitle B--San Juan Mountains
Sec. 7131. Definitions.
Sec. 7132. Additions to National Wilderness Preservation System.
Sec. 7133. Special management areas.
Sec. 7134. Release of wilderness study areas.
Sec. 7135. Administrative provisions.
Subtitle C--Thompson Divide
Sec. 7141. Purposes.
Sec. 7142. Definitions.
Sec. 7143. Thompson Divide Withdrawal and Protection Area.
Sec. 7144. Thompson Divide lease credits.
Sec. 7145. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 7146. Effect.
Subtitle D--Curecanti National Recreation Area
Sec. 7151. Definitions.
Sec. 7152. Curecanti National Recreation Area.
Sec. 7153. Acquisition of land; boundary management.
Sec. 7154. General management plan.
Sec. 7155. Boundary survey.
Subtitle E--Grand Canyon Protection
Sec. 7161. Withdrawal of Certain Federal land in the State of Arizona.
DIVISION G--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Shoreside infrastructure and facilities.
Sec. 104. Availability of amounts for acquisition of additional
cutters.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 201. Authorized strength.
Sec. 202. Continuation of officers with certain critical skills on
active duty.
Sec. 203. Number and distribution of officers on active duty promotion
list.
Sec. 204. Coast Guard behavioral health policy.
Sec. 205. Improving representation of women and of racial and ethnic
minorities among Coast Guard active-duty
members.
Subtitle B--Operational Matters
Sec. 206. Pilot project for enhancing Coast Guard cutter readiness
through condition-based maintenance.
Sec. 207. Unmanned systems strategy.
Sec. 208. Budgeting of Coast Guard relating to certain operations.
Sec. 209. Report on San Diego maritime domain awareness.
Sec. 210. Great Lakes winter shipping.
Sec. 211. Center of expertise for Great Lakes oil spill search and
response.
Sec. 212. Study on laydown of Coast Guard cutters.
Subtitle C--Other Matters
Sec. 213. Responses of Commandant of the Coast Guard to safety
recommendations.
Sec. 214. Conveyance of Coast Guard vessels for public purposes.
Sec. 215. Acquisition life-cycle cost estimates.
Sec. 216. National Coast Guard Museum funding plan.
Sec. 217. Report on Coast Guard explosive ordnance disposal.
Sec. 218. Pribilof Island transition completion actions.
Sec. 219. Notification of communication outages.
TITLE III--MARITIME
Subtitle A--Shipping
Sec. 301. Nonoperating individual.
Sec. 302. Oceanographic research vessels.
Sec. 303. Atlantic Coast port access routes briefing.
Subtitle B--Vessel Safety
Sec. 304. Fishing vessel safety.
Sec. 305. Requirements for DUKW-type amphibious passenger vessels.
Sec. 306. Exoneration and limitation of liability for small passengers
vessels.
Sec. 307. Automatic identification system requirements.
Subtitle C--Shipbuilding Program
Sec. 308. Qualified vessel.
Sec. 309. Establishing a capital construction fund.
TITLE IV--FEDERAL MARITIME COMMISSION
Sec. 401. Terms and vacancies.
TITLE V--MISCELLANEOUS
Subtitle A--Navigation
Sec. 501. Restriction on changing salvors.
Sec. 502. Providing requirements for vessels anchored in established
anchorage grounds.
Sec. 503. Aquatic Nuisance Species Task Force.
Sec. 504. Limitation on recovery for certain injuries incurred in
aquaculture activities.
Subtitle B--Other Matters
Sec. 505. Information on type approval certificates.
Sec. 506. Passenger vessel security and safety requirements.
Sec. 507. Cargo waiting time reduction.
Sec. 508. Limited indemnity provisions in standby oil spill response
contracts.
Sec. 509. Port Coordination Council for Point Spencer.
Sec. 510. Western Alaska oil spill planning criteria.
Sec. 511. Nonapplicability.
Sec. 512. Report on enforcement of coastwise laws.
Sec. 513. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 514. Center of Expertise for Marine Environmental Response.
Sec. 515. Prohibition on entry and operation.
Sec. 516. St. Lucie River railroad bridge.
Sec. 517. Assistance related to marine mammals.
Sec. 518. Manning and crewing requirements for certain vessels,
vehicles, and structures.
TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE
Sec. 601. Definitions.
Sec. 602. Convicted sex offender as grounds for denial.
Sec. 603. Sexual harassment or sexual assault as grounds for suspension
or revocation.
Sec. 604. Accommodation; notices.
Sec. 605. Protection against discrimination.
Sec. 606. Alcohol prohibition.
Sec. 607. Surveillance requirements.
Sec. 608. Master key control.
Sec. 609. Safety management systems.
Sec. 610. Requirement to report sexual assault and harassment.
Sec. 611. Civil actions for personal injury or death of seamen.
Sec. 612. Administration of sexual assault forensic examination kits.
TITLE VII--TECHNICAL AND CONFORMING PROVISIONS
Sec. 701. Technical corrections.
Sec. 702. Transportation worker identification credential technical
amendments.
Sec. 703. Reinstatement.
DIVISION H--FINANCIAL TRANSPARENCY
Sec. 1. Short title; table of contents.
Sec. 2. Deeming.
TITLE I--DEPARTMENT OF THE TREASURY
Sec. 101. Data standards.
Sec. 102. Open data publication by the Department of the Treasury.
Sec. 103. Rulemaking.
Sec. 104. No new disclosure requirements.
Sec. 105. Report.
TITLE II--SECURITIES AND EXCHANGE COMMISSION
Sec. 201. Data standards requirements for the Securities and Exchange
Commission.
Sec. 202. Open data publication by the Securities and Exchange
Commission.
Sec. 203. Data transparency at the Municipal Securities Rulemaking
Board.
Sec. 204. Data transparency at national securities associations.
Sec. 205. Shorter-term burden reduction and disclosure simplification
at the Securities and Exchange Commission;
sunset.
Sec. 206. No new disclosure requirements.
TITLE III--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 301. Data standards requirements for the Federal Deposit Insurance
Corporation.
Sec. 302. Open data publication by the Federal Deposit Insurance
Corporation.
Sec. 303. Rulemaking.
Sec. 304. No new disclosure requirements.
TITLE IV--OFFICE OF THE COMPTROLLER OF THE CURRENCY
Sec. 401. Data standards and open data publication requirements for the
Office of the Comptroller of the Currency.
Sec. 402. Rulemaking.
Sec. 403. No new disclosure requirements.
TITLE V--BUREAU OF CONSUMER FINANCIAL PROTECTION
Sec. 501. Data standards and open data publication requirements for the
Bureau of Consumer Financial Protection.
Sec. 502. Rulemaking.
Sec. 503. No new disclosure requirements.
TITLE VI--FEDERAL RESERVE SYSTEM
Sec. 601. Data standards requirements for the Board of Governors of the
Federal Reserve System.
Sec. 602. Open data publication by the Board of Governors of the
Federal Reserve System.
Sec. 603. Rulemaking.
Sec. 604. No new disclosure requirements.
TITLE VII--NATIONAL CREDIT UNION ADMINISTRATION
Sec. 701. Data standards.
Sec. 702. Open data publication by the National Credit Union
Administration.
Sec. 703. Rulemaking.
Sec. 704. No new disclosure requirements.
TITLE VIII--FEDERAL HOUSING FINANCE AGENCY
Sec. 801. Data standards requirements for the Federal Housing Finance
Agency.
Sec. 802. Open data publication by the Federal Housing Finance Agency.
Sec. 803. Rulemaking.
Sec. 804. No new disclosure requirements.
TITLE IX--MISCELLANEOUS
Sec. 901. Rules of construction.
Sec. 902. Classified and protected information.
Sec. 903. Discretionary surplus fund.
DIVISION I--PUBLIC LANDS
Sec. 1. Short title; table of contents.
TITLE I--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of
wilderness designations in the western
united states would have on the readiness
of the armed forces of the united states
with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII--CERRO DE LA OLLA WILDERNESS ESTABLISHMENT
Sec. 701. Designation of Cerro de la Olla Wilderness.
TITLE VIII--STUDY ON FLOOD RISK MITIGATION
Sec. 801. Study on Flood Risk Mitigation.
TITLE IX--MISCELLANEOUS
Sec. 901. Promoting health and wellness for veterans and
servicemembers.
Sec. 902. Fire, insects, and diseases.
Sec. 903. Military activities.
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.
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--Navy Programs
SEC. 111. REQUIREMENTS RELATING TO EA-18G AIRCRAFT OF THE NAVY.
Section 8062 of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f)(1)(A) The Secretary of the Navy may not--
``(i) retire an EA-18G aircraft;
``(ii) prepare to retire an EA-18G aircraft;
``(iii) place an EA-18G aircraft in active storage
status or inactive storage status; or
``(iv) keep an EA-18G aircraft in a status
considered excess to the requirements of the possessing
command and awaiting disposition instructions.
``(B) The prohibition under subparagraph (A) shall not
apply to individual EA-18G aircraft that the Secretary of the
Navy determines, on a case-by-case basis, to be no longer
mission capable and uneconomical to repair because of aircraft
accidents or mishaps.
``(2)(A) Beginning on October 1, 2022, the Secretary of the Navy
shall maintain a total aircraft inventory of EA-18G aircraft of not
less than 158 aircraft, of which not less than 126 aircraft shall be
coded as primary mission aircraft inventory.
``(B) The Secretary of the Navy may reduce the number of EA-18G
aircraft in the inventory of the Navy below the minimum number
specified in subparagraph (A) if the Secretary determines on a case-by-
case basis, that an aircraft is no longer mission capable and
uneconomical to repair because of aircraft accidents or mishaps.
``(C) In this paragraph, the term `primary mission aircraft
inventory' means aircraft assigned to meet the primary aircraft
authorization--
``(i) to a unit for the performance of its wartime mission;
``(ii) to a training unit for technical and specialized
training for crew personnel or leading to aircrew
qualification;
``(iii) to a test unit for testing of the aircraft or its
components for purposes of research, development, test, and
evaluation, operational test and evaluation, or to support
testing programs; or
``(iv) to meet requirements for missions not otherwise
specified in clauses (i) through (iii).''.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE CLASS
DESTROYERS.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) The DDG Flight III destroyer is the most
capable large surface combatant in the world-wide
inventory of the Department of Defense.
(B) The Department plans to retire 18 large surface
combatants over the next five years.
(C) Under the future-years defense plan, the
Department plans to procure two DDGs per year over the
next five years.
(2) Sense of congress.--It is the sense of Congress that--
(A) the loss of aggregate fire power due to the
retirement of 18 large surface combatants over the next
five years is cause for concern;
(B) the Department should continue to procure large
surface combatants at the fastest possible rate based
on industrial base capacity; and
(C) the Department should maximize savings and
provide stability to the large surface combatant
industrial base through the use of multiyear
procurement contracts for the maximum number of ships,
realized at a consistent number of ships per year.
(b) Authority for Multiyear Procurement.--Subject to section 3501
of title 10, United States Code, the Secretary of the Navy may enter
into one or more multiyear contracts for the procurement of up to 15
Arleigh Burke class Flight III guided missile destroyers.
(c) Authority for Advance Procurement.--The Secretary of the Navy
may enter into one or more contracts, beginning in fiscal year 2023,
for advance procurement associated with the destroyers for which
authorization to enter into a multiyear procurement contract is
provided under subsection (b), and for systems and subsystems
associated with such destroyers in economic order quantities when cost
savings are achievable.
(d) Condition for Out-year Contract Payments.--A contract entered
into under subsection (b) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2023 is subject to the availability of appropriations
or funds for that purpose for such later fiscal year.
(e) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (b) if the modification would
increase the target price of the destroyer by more than 10 percent
above the target price specified in the original contract or the
destroyer under subsection (b).
SEC. 113. AUTHORITY FOR PROCUREMENT OF ADDITIONAL ARLEIGH BURKE CLASS
DESTROYER.
(a) Procurement Authority.--The Secretary of the Navy may procure
one Arleigh Burke class Flight III guided missile destroyer, in
addition to any other procurement of such destroyers otherwise
authorized by law, to be procured either--
(1) as an addition to the contract covering up to 15 such
destroyers authorized to be procured under section 112 of this
Act; or
(2) under a separate contract entered into in fiscal year
2023.
(b) Incremental Funding.--With respect to a contract for the
procurement of the destroyer authorized under subsection (a), the
Secretary of the Navy may use incremental funding to make payments
under the contract.
(c) Condition for Out-year Contract Payments.--A contract for the
procurement of the destroyer authorized under subsection (a) shall
provide that any obligation of the United States to make a payment
under the contract for a fiscal year after fiscal year 2023 is subject
to the availability of appropriations or funds for that purpose for
such later fiscal year.
SEC. 114. AUTHORITY FOR CERTAIN PROCUREMENTS FOR THE SHIP-TO-SHORE
CONNECTOR PROGRAM.
(a) Contract Authority.--The Secretary of the Navy may enter into
one or more contracts, beginning with fiscal year 2023, for the
procurement of up to 25 Ship-to-Shore Connector class craft and
associated material.
(b) 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) that total liability of the Federal Government for
termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at time
of termination.
SEC. 115. AUTHORITY TO PROCURE AIRFRAMES AND ENGINES FOR CH-53K KING
STALLION HEAVY-LIFT HELICOPTERS.
(a) Contract Authority.--During fiscal years 2023 and 2024, the
Secretary of the Navy may enter into--
(1) a single contract for the procurement of up to 30
airframes in support of the CH-53K heavy-lift helicopter
program; and
(2) a single contract for the procurement of up to 90
engines in support of such 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) that total liability of the Federal Government for
termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at time
of termination.
SEC. 116. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF HSC-85
AIRCRAFT.
(a) Prohibitions.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Navy may be obligated or expended--
(1) to retire, prepare to retire, transfer, or place in
storage any Helicopter Sea Combat Squadron 85 aircraft
(referred to in this section as an ``HSC-85 aircraft''); or
(2) to make any changes to manning levels with respect to
any HSC-85 aircraft squadron.
(b) Report Required.--The Secretary of the Navy, in consultation
with the Commander of the United States Special Operations Command,
shall submit to the congressional defense committees a report that
includes--
(1) an explanation of the operational impact of divestment
of HSC-85 aircraft on the training and readiness of Navy
special warfare units and missions based in the west coast of
the United States;
(2) the estimated costs of sustaining HSC-85 aircraft at
full operational capability from fiscal year 2024 through
fiscal year 2028;
(3) a proposed cost sharing arrangement between the Navy
and the United States Special Operations Command for sustaining
HSC-85 aircraft at full operational capabilities from fiscal
year 2024 through fiscal year 2028;
(4) identification of a replacement capability that would
be available if prioritized and directed by the Secretary of
Defense and would meet all operational requirements, including
special operational-peculiar requirements of the combatant
commands, that are fulfilled by HSC-85 aircraft as of the date
of the report; and
(5) an estimate of the costs and a proposed schedule for
establishing the replacement capability identified in paragraph
(4) over the period of five years following the date of the
report.
SEC. 117. QUARTERLY BRIEFINGS ON THE CH-53K KING STALLION HELICOPTER
PROGRAM.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, and on a quarterly basis thereafter through the
end of fiscal year 2024, the Secretary of the Navy shall provide to the
Committee on Armed Services of the House of Representatives a briefing
on the progress of the CH-53K King Stallion helicopter program.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the CH-53K King Stallion helicopter program, the
following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of the
date of the briefing, including the cost of development,
testing, and production.
(3) A comparison of the total cost of the program relative
to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date
of the briefing.
(4) An assessment of the flight testing that remains to be
conducted under the program, including any testing required for
validation of correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program
schedule resulting from the discovery and correction of such
deficiencies.
(c) Conforming Repeal.--Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1238) is repealed.
SEC. 118. FUNDING FOR ADDITIONAL JOINT STRIKE FIGHTER AIRCRAFT.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for aircraft procurement, Navy, as specified in the
corresponding funding table in section 4101, for Joint Strike Fighter
CV, line 002, is hereby increased by $354,000,000 (with the amount of
such increase to used for the procurement of three additional Joint
Strike Fighter aircraft).
(b) Offsets.--
(1) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Army, as
specified in the corresponding funding table in section 4301,
for operating forces, maneuver units, line 010, is hereby
reduced by $50,000,000.
(2) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Army, as
specified in the corresponding funding table in section 4301,
for operating forces, aviation assets, line 060, is hereby
reduced by $100,000,000.
(3) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Army, as
specified in the corresponding funding table in section 4301,
for training and recruiting, training support, line 340, is
hereby reduced by $16,000,000.
(4) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Army, as
specified in the corresponding funding table in section 4301,
for administration and service-wide activities, other personnel
support, line 480, is hereby reduced by $23,000,000.
(5) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Navy, as
specified in the corresponding funding table in section 4301,
for operating forces, weapons maintenance, line 250, is hereby
reduced by $62,500,000.
(6) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Navy, as
specified in the corresponding funding table in section 4301,
for administration and service-wide activities, military
manpower and personnel management, line 470, is hereby reduced
by $30,000,000.
(7) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Marine Corps, as
specified in the corresponding funding table in section 4301,
for operating forces, operational forces, line 010, is hereby
reduced by $16,500,000.
(8) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, Air Force, as
specified in the corresponding funding table in section 4301,
for operating forces, base support, line 090, is hereby reduced
by $56,000,000.
SEC. 119. REPORT ON ADVANCE PROCUREMENT FOR CVN-82 AND CVN-83.
(a) Report.--Not later than February 1, 2023, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the plan of the Navy for advance procurement for the aircraft carriers
designated CVN-82 and CVN-83.
(b) Elements.--The report required by subsection (a) shall include
an assessment of--
(1) the value, cost, and feasibility of a two-year advance
procurement for a single aircraft carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year
advance procurement for a single aircraft carrier acquisition
strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement for a two aircraft carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year
advance procurement for a two aircraft carrier acquisition
strategy; and
(5) the effect of a multiple carrier acquisition plan on
force development and fleet capability.
SEC. 119A. REPORT ON APPLICABILITY OF DDG(X) ELECTRIC-DRIVE PROPULSION
SYSTEM.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional defense
committees a report that includes an analysis of--
(1) the power and propulsion requirements for the DDG(X)
destroyer;
(2) how such requirements compare to the power and
propulsion requirements for the DDG-1000 Zumwalt class
destroyer and the DDG-51 Arleigh Burke class destroyer,
respectively;
(3) the ability of the Navy to leverage existing
investments in the electric-drive propulsion system developed
for the DDG(X) destroyer to reduce cost and risk; and
(4) the ability to design and manufacture components for
such system in the United States.
SEC. 119B. PROHIBITION ON AVAILABILITY OF FUNDS FOR DISPOSAL OF
LITTORAL COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to appropriated by
this Act or otherwise made available for fiscal year 2023 for the Navy
may be obligated or expended to dispose of or dismantle a Littoral
Combat Ship.
(b) Exception.--The prohibition under subsection (a) shall not
apply to the transfer of a Littoral Combat Ship to the military forces
of a nation that is an ally or partner of the United States.
Subtitle C--Air Force Programs
SEC. 121. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF THE
COMBAT AIR FORCES.
(a) Total Fighter Aircraft Inventory Requirements.--Section
9062(i)(1) of title 10, United States Code, is amended by striking
``1,970'' and inserting ``1,800''.
(b) A-10 Minimum Inventory Requirements.--
(1) Section 134(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2038)
is amended by striking ``171'' and inserting ``153''.
(2) Section 142(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 755 ) is
amended by striking ``171'' and inserting ``153''.
(c) Modification of Limitation on Availability of Funds for
Destruction of A-10 Aircraft in Storage Status.--Section 135(a) of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2039) is amended by striking ``the report required
under section 134(e)(2)'' and inserting ``a report that includes the
information described in section 134(e)(2)(C)''.
SEC. 122. MODIFICATION OF MINIMUM INVENTORY REQUIREMENT FOR AIR
REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--Section 9062(j) of title 10, United States
Code, is amended--
(A) by striking ``effective October 1, 2019,''; and
(B) by striking ``479'' each place it appears and
inserting ``466''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2022.
(b) Prohibition on Reduction of KC-135 Aircraft in PMAI of the
Reserve Components.--
(1) In general.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2023 for the Air Force may be obligated or expended to
reduce the number of KC-135 aircraft designated as primary
mission aircraft inventory within the reserve components of the
Air Force.
(2) Primary mission aircraft inventory defined.--In this
subsection, the term ``primary mission aircraft inventory'' has
the meaning given that term in section 9062(i)(2)(B) of title
10, United States Code.
SEC. 123. REQUIREMENTS RELATING TO F-22 AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k)(1)(A) The Secretary of the Air Force may not--
``(i) retire an F-22 aircraft;
``(ii) prepare to retire an F-22 aircraft; or
``(iii) keep an F-22 aircraft in a status
considered excess to the requirements of the possessing
command and awaiting disposition instructions (commonly
referred to as `XJ' status).
``(B) The prohibition under subparagraph (A) shall not
apply to individual F-22 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be no longer
mission capable and uneconomical to repair because of aircraft
accidents or mishaps.
``(2)(A) Beginning on October 1, 2022, the Secretary of the Air
Force shall maintain a total aircraft inventory of F-22 aircraft of not
less than 186 aircraft.
``(B) The Secretary of the Air Force may reduce the number of F-22
aircraft in the inventory of the Air Force below the minimum number
specified in subparagraph (A) if the Secretary determines on a case-by-
case basis, that an aircraft is no longer mission capable and
uneconomical to repair because of aircraft accidents or mishaps.
``(3) Not later than October 1, 2029, the Secretary of the Air
Force shall ensure that all F-22 aircraft of the Air Force are equipped
with--
``(A) Block 30/35 mission systems, sensors, and weapon
employment capabilities; or
``(B) mission systems, sensors, and weapon employment
capabilities more advanced than those described in subparagraph
(A).''.
SEC. 124. MODIFICATION OF INVENTORY REQUIREMENTS AND LIMITATIONS
RELATING TO CERTAIN AIR REFUELING TANKER AIRCRAFT.
Section 137 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1576) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 125. REPEAL OF AIR FORCE E-8C FORCE PRESENTATION REQUIREMENT.
Section 147 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is
amended by striking subsection (f).
SEC. 126. MINIMUM INVENTORY OF C-130 AIRCRAFT.
(a) Minimum Inventory Requirement.--
(1) In general.--During the covered period, the Secretary
of the Air Force shall maintain a total inventory of C-130
aircraft of not less than 271 aircraft.
(2) Exception .--The Secretary of the Air Force may reduce
the number of C-130 aircraft in the Air Force below the minimum
number specified in subsection (a) if the Secretary determines,
on a case-by-case basis, that an aircraft is no longer mission
capable because of a mishap or other damage.
(3) Covered period defined.--In this subsection, the term
``covered period'' means the period--
(A) beginning at the close of the period described
in section 138(c) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1577); and
(B) ending on October 1, 2028.
(b) Prohibition on Reduction of C-130 Aircraft Assigned to National
Guard.--
(1) In general.--During fiscal year 2023, the Secretary of
the Air Force may not reduce the total number of C-130 aircraft
assigned to the National Guard below the number so assigned as
of the date of the enactment of this Act.
(2) Exception.--The prohibition under paragraph (1) shall
not apply to an individual C-130 aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of a mishap or other damage.
SEC. 127. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR CERTAIN T-
38A AIRCRAFT.
The Secretary of the Air Force is authorized to procure upgraded
ejection seats for--
(1) all T-38A aircraft of the Air Force Global Strike
Command that have not received an upgraded ejection seat under
the T-38 Ejection Seat Upgrade Program; and
(2) all T-38A aircraft of the Air Combat Command that have
not received an upgraded ejection seat as part of such Program.
SEC. 128. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF C-40
AIRCRAFT.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for the
Air Force may be obligated or expended to retire, prepare to retire, or
place in storage or on backup aircraft inventory status any C-40
aircraft.
(b) Exception.--
(1) In general.--The limitation under subsection (a) shall
not apply to an individual C-40 aircraft that the Secretary of
the Air Force determines, on a case-by-case basis, to be no
longer mission capable because of a Class A mishap.
(2) Certification required.--If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional
defense committees a certification that the status of such
aircraft is due to a Class A mishap and not due to lack of
maintenance or repairs or other reasons.
SEC. 129. PROHIBITION ON AVAILABILITY OF FUNDS FOR PROCUREMENT OF
BRIDGE TANKER AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to enter into a contract for the procurement of
the bridge tanker aircraft (as defined in section 136(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81)) unless such contract is awarded using full and open
competition. Notwithstanding the preceding sentence, the Secretary of
the Air Force may enter into a contract for the procurement of the
bridge tanker aircraft using procedures other than full and open
competition if the Secretary complies with the requirements of section
3204 of title 10, United States Code, with respect to the award of such
contract and provides to the Committee on Armed Services of the House
of Representatives a briefing that explains the reasons such contract
cannot be awarded using full and open competition.
SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF
PRODUCTION LINES FOR HH-60W AIRCRAFT.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force may be
obligated or expended to terminate the operations of, or to prepare to
terminate the operations of, a production line for HH-60W Combat Rescue
Helicopters.
SEC. 131. PROHIBITION ON CERTAIN REDUCTIONS TO B-1 BOMBER AIRCRAFT
SQUADRONS.
(a) Prohibition.--During the covered period, the Secretary of the
Air Force may not--
(1) modify the designed operational capability statement
for any B-1 bomber aircraft squadron, as in effect on the date
of the enactment of this Act, in a manner that would reduce the
capabilities of such a squadron below the levels specified in
such statement as in effect on such date; or
(2) reduce, below the levels in effect on such date of
enactment, the number of personnel assigned to units
responsible for the operation and maintenance of B-1 aircraft
if such reduction would affect the ability of such units to
meet the capability described in paragraph (1).
(b) Exception.--The prohibition under subsection (a) shall not
apply to a bomb wing for which the Secretary of the Air Force has
commenced the process of replacing B-1 bomber aircraft with B-21 bomber
aircraft.
(c) Definitions.--In this section:
(1) The term ``covered period'' means the period beginning
on the date of the enactment of this Act and ending on
September 30, 2026.
(2) The term ``designed operational capability statement''
has the meaning given that term in Air Force Instruction 10-
201.
(d) Conforming Repeal.--Section 133 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135 Stat.
1574) is repealed.
SEC. 132. LIMITATION ON RETIREMENT OF E-3 AIRBORNE WARNING AND CONTROL
SYSTEM AIRCRAFT.
(a) Limitation.--
(1) In general.--Secretary of the Air Force may not retire
or prepare to retire more than a total of 13 E-3 Airborne
Warning and Control System aircraft.
(2) Retirement conditions.--Of the aircraft authorized to
be retired under paragraph (1)--
(A) up to eight aircraft may be retired at any time
during the period beginning on the date of the
enactment of this Act and ending on October 1, 2023;
and
(B) up to five aircraft may be retired only after
the Secretary of the Air Force enters into a contract
for the procurement of an E-7 aircraft.
(b) Designation as PTAI.--The Secretary of the Air Force shall
designate two E-3 aircraft as Primary Training Aircraft Inventory.
(c) Report Required.--
(1) In general.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on the
airborne warning and control capabilities and capacity of the
Air Force.
(2) Elements.--The report under subsection (a) shall
include the following:
(A) An assessment of--
(i) the airborne warning and control
capabilities and capacity of the Air Force as
of the date of the report; and
(ii) the airborne warning and control
capabilities and capacity needed to meet the
future requirements of the Air Force.
(B) Identification of--
(i) air moving target indicator and battle
management and command and control requirements
as of the date of the report;
(ii) the number of such requirements being
fulfilled by the current fleet of 31 E-3
aircraft or other capabilities; and
(iii) the number of such requirements that
would be fulfilled by a reduced fleet of 16 E-3
aircraft.
(C) An assessment of whether and to what extent a
reduced fleet of 16 E-3 aircraft would affect the level
of support provided to the operations of the geographic
combatant commands.
(D) A comparison of the capabilities of the E-3
aircraft with the capabilities of the E-7 aircraft that
is proposed as a replacement for the E-3 aircraft.
(E) A comparison of the capacity required to
satisfy both current and future air moving target
indicator and battle management and command and control
requirements.
(F) An acquisition strategy for the E-7 aircraft
proposed as a replacement for the E-3 aircraft that
is--
(i) approved by the Secretary of the Air
Force; and
(ii) includes cost and schedule data, plans
for training and fielding, and an assessment of
possible courses of action to accelerate the
proposed acquisition.
SEC. 133. REQUIREMENTS STUDY AND ACQUISITION STRATEGY FOR THE COMBAT
SEARCH AND RESCUE MISSION OF THE AIR FORCE.
(a) Requirements Study.--
(1) In general.--The Secretary of the Air Force shall
conduct a study to determine the requirements for the combat
search and rescue mission of the Air Force in support of the
objectives of the National Defense Strategy.
(2) Elements.--The study under paragraph (1) shall include
the following:
(A) Identification of anticipated combat search and
rescue mission requirements necessary to meet the
objectives of the most recent National Defense
Strategy, including--
(i) requirements for short-term, mid-term,
and long-term contingency and steady-state
operations against adversaries;
(ii) requirements under the Agile Combat
Employment operational scheme of the Air Force;
(iii) requirements relating to regions and
specific geographic areas that are expected to
have a need for combat search and rescue forces
based on the combat-relevant range and
penetration capability of United States air
assets and associated weapon systems; and
(iv) the level of operational risk
associated with each likely requirement and
scenario.
(B) An assessment of the rotary, tilt, and fixed
wing aircraft and key combat search and rescue enabling
capabilities that--
(i) are needed to meet the requirements
identified under subparagraph (A); and
(ii) have been accounted for in the budget
of the Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of--
(i) whether and to what extent such gaps
may affect the ability of the Air Force to
conduct combat search and rescue operations;
(ii) any capability gaps that may be
created by procuring fewer HH-60W aircraft than
planned under the program of record, including
any expected changes to the plan for fielding
such aircraft for active, reserve, and National
Guard units; and
(iii) any capability gaps attributable to
unfunded requirements.
(D) Identification and assessment of key current,
emerging, and future technologies with potential
application to the combat search and rescue mission,
including electric vertical takeoff and landing,
unmanned aerial systems, armed air launched effects or
similar armed capabilities, electric short take-off and
landing, or a combination of such technologies.
(E) An assessment of each technology identified
under subparagraph (D), including (as applicable) an
assessment of--
(i) technology maturity;
(ii) suitability to the combat search and
rescue mission;
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared
signatures;
(vii) operational conditions required for
the use of such technology, such as runway
availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions
other than combat search and rescue; and
(xi) estimated cost.
(3) Submittal to congress.--
(A) In general.--Not later than March 30, 2023, the
Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the
study under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
(b) Acquisition Strategy.--
(1) In general.--Based on the results of the study
conducted under subsection (a), the Secretary of the Air Force
shall develop a strategy for the acquisition of capabilities to
meet the requirements identified under such study.
(2) Elements.--The acquisition strategy under paragraph (1)
shall include--
(A) A prioritized list of the capabilities needed
to meet the requirements identified under subsection
(a).
(B) The estimated costs of such capabilities,
including--
(i) any amounts already budgeted for such
capabilities as of the date of the strategy,
including amounts already budgeted for emerging
and future technologies; and
(ii) any amounts not already budgeted for
such capabilities as of such date.
(C) An estimate of the date by which the capability
is expected to become operational.
(D) A description of any requirements identified
under subsection (a) that the Secretary of the Air
Force does not expect to meet as part of the
acquisition strategy and an explanation of the reasons
such requirements cannot be met.
(3) Submittal to congress.--
(A) In general.--Not later than June 1, 2023, the
Secretary of the Air Force shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the acquisition
strategy developed under paragraph (1).
(B) Form.--The report required under subparagraph
(A) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 134. PLAN FOR TRANSFER OF KC-135 AIRCRAFT TO THE AIR NATIONAL
GUARD.
(a) Plan Required.--The Secretary of the Air Force shall develop a
plan to transfer covered KC-135 aircraft to air refueling wings of the
Air National Guard that are classic associations with active duty units
of the Air Force.
(b) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on plan developed under subsection (a). The
briefing shall include an explanation of the effects the plan is
expected to have on the aerial refueling capability of the Department
of Defense.
(c) Definitions.--In this section:
(1) The term ``covered KC-135 aircraft'' means a KC-135
aircraft that the Secretary of the Air Force is in the process
of replacing with a KC-46A aircraft.
(2) The term ``classic association'' means a structure
under which a regular Air Force unit retains principal
responsibility for an aircraft and shares the aircraft with one
or more reserve component units.
SEC. 135. ANNUAL REPORT ON T-7A ADVANCED PILOT TRAINING SYSTEM.
(a) Annual Report.--Not later than March 1, 2023, and annually
thereafter for 5 years, the Assistant Secretary of the Air Force for
Acquisition, Technology, and Logistics shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a
report on the acquisition efforts of the Department of Defense with
respect to the T-7A Advanced Pilot Training System (including any
associated aircraft and ground training systems).
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) An overview of the Assistant Secretary's acquisition
strategy for the T-7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date
of the report.
(2) The cost and schedule estimates for the program.
(3) In the case of the initial report under this section,
the key performance parameters or the equivalent requirements
for the program. In the case of subsequent reports, any key
performance parameters or the equivalent requirements for the
program that have changed since the submission of the previous
report under this section.
(4) The test and evaluation strategy and execution date of
the testing program, including any results, and a summary of
testing points closed pertaining to the testing program.
(5) The logistics and sustainment strategy of the program,
and the planning, execution, and implementation that has
occurred related to that strategy as of the date of the report.
(6) An explanation of the causes related to any
engineering, manufacturing, development, testing, production,
delivery, acceptance, and fielding delays incurred by the
program as of the date of the report and any associated impacts
and subsequent efforts to address such delays.
(7) The post-production fielding strategy for the program.
(8) Any other matters regarding the acquisition of the T-7
Advanced Pilot Training System that the Assistant Secretary
determines to be of critical importance to the long-term
viability of the program.
SEC. 136. REPORT ON F-22 AIRCRAFT FORCE LAYDOWN.
Not later than April 30, 2023, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives a report on--
(1) the proposed plan of the Air Force for the movement and
basing of 186 F-22 aircraft; and
(2) the establishment of a new F-22 formal training unit,
including--
(A) the anticipated location of such unit;
(B) the anticipated schedule for the establishment
of such unit; and
(C) the number of aircraft that are expected to be
transferred to such unit.
SEC. 137. LIMITATION ON DIVESTMENT OF F-15 AIRCRAFT.
(a) Limitation.--Beginning on October 1, 2023, Secretary of the Air
Force may not divest, or prepare to divest, any covered F-15 aircraft
until a period of 180 days has elapsed following the date on which the
Secretary submits the report required under subsection (b).
(b) Report Required.--The Secretary of the Air Force shall submit
to the congressional defense committees a report on the following:
(1) Any plans of the Secretary to divest covered F-15
aircraft during the period covered by the most recent future-
years defense program submitted to Congress under section 221
of title 10, United States Code, including--
(A) a description of each proposed divestment by
fiscal year and location;
(B) an explanation of the anticipated effects of
such divestments on the missions, personnel, force
structure, and budgeting of the Air Force;
(C) a description of the actions the Secretary
intends to carry out--
(i) to mitigate any negative effects
identified under subparagraph (B); and
(ii) to modify or replace the missions and
capabilities of any units and military
installations affected by such divestments; and
(D) an assessment of how such divestments may
affect the ability of the Air Force to maintain minimum
tactical aircraft inventories.
(2) Any plans of the Secretary to procure covered F-15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F-15EX aircraft as articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F-15EX
Rapid Fielding Requirements Document, dated January 16, 2019.
(c) Covered F-15 Aircraft Defined.--In this section, the term
``covered F-15 aircraft'' means the following:
(1) F-15C aircraft.
(2) F-15D aircraft.
(3) F-15E aircraft.
(4) F-15EX aircraft.
SEC. 138. FUNDING FOR C-130 MODULAR AIRBORNE FIREFIGHTING SYSTEM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for aircraft procurement, Air Force, as specified in the
corresponding funding table in section 4101, for other aircraft, C-130,
line 049, is hereby increased by $60,000,000 (with the amount of such
increase to be used for the modular airborne firefighting system).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $60,000,000.
SEC. 139. REQUIREMENT TO MAINTAIN FLEET OF MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Manned Intelligence, Surveillance, and Reconnaissance
Aircraft.--
(1) In general.--The Secretary of the Air Force, in
coordination with Director of the Air National Guard, shall
maintain a fleet of fixed wing, manned ISR/IAA aircraft to
conduct operations pursuant to the provisions of law specified
in paragraph (2).
(2) Provisions specified.--The provisions of law specified
in this paragraph are the following:
(A) Sections 124 and 284 of title 10, United States
Code.
(B) Section 112 of title 32, United States Code.
(C) Section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-
136; 10 U.S.C. 271 note).
(b) Limitation.--
(1) In general.--Except as provided in paragraph (2), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Air Force
may be obligated or expended to retire, divest, realign, or
placed in storage or on backup aircraft inventory status, or to
prepare to retire, divest, realign, or place in storage or on
backup aircraft inventory status, any RC-26B aircraft.
(2) Exception.--
(A) In general.--The limitation in paragraph (1)
shall not apply to individual RC-26 aircraft that the
Secretary of the Air Force determines, on a case-by-
case basis, to be no longer mission capable because of
a Class A mishap.
(B) Certification required.--If the Secretary of
the Air Force determines under subparagraph (A) that an
aircraft is no longer mission capable, the Secretary
shall submit to the congressional defense committees a
certification that the status of such aircraft is due
to a Class A mishap and not due to lack of maintenance
or repairs or other reasons.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in section
301 for operation and maintenance as specified in the
corresponding funding in section 4301, for operation and
maintenance, Air National Guard, the Secretary of the Air Force
shall transfer up to $18,500,000 for the purposes of the RC-26B
manned intelligence, surveillance, and reconnaissance platform.
(2) Of the amount authorized to be appropriated in section
421 for military personnel, as specified in the corresponding
finding table in section 4401, the Secretary of the Air Force
shall transfer up to $13,000,000 from military personnel, Air
National Guard for personnel who operate and maintain the RC-
26B manned intelligence, surveillance, and reconnaissance
platform.
(d) Memorandum of Agreement.--Notwithstanding any other provision
of law, the Secretary of Defense may enter into one or more memoranda
of agreement or cost sharing agreements with other Federal entities for
the purposes of assisting with the missions and activities of such
entities.
(e) Independent Assessment.--Not later than 30 days after the date
of the enactment of this Act, the Director of Cost Assessment and
Program Evaluation shall conduct an independent assessment to determine
how the Air Force can--
(1) provide manned ISR/IAA capabilities for the purposes of
conducting operations pursuant to the provisions of law
specified in subsection (a)(2); and
(2) maintain and modernize the manned ISR/IAA aircraft
fleet over the period of ten years following the date of the
enactment of this Act.
(f) Comptroller General Study.--
(1) Study.--The Comptroller General of the United States
shall conduct an independent study of the platforms used to
conduct title 32 operations by manned ISR/IAA aircraft in light
of the proposal of the Air Force to retire and divest the RC-
26B aircraft fleet.
(2) Briefing.--Not later than September 31, 2023, the
Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary findings of the study
under paragraph (1). The briefing shall include an assessment
of--
(A) the alternatives considered by the Air Force
that led to the recommendation to retire the RC-26B
aircraft, including the relative costs, benefits, and
assumptions associated with the alternatives to such
retirement;
(B) any capability gaps in manned ISR/IAA that
would be created by such retirement;
(C) the extent to which the Department of Defense
has plans to address any capability gaps identified
under subparagraph (B); and
(D) any capability gaps in manned ISR/IAA that
could be created by the added cost to the Air Force of
retaining the RC-26B fleet.
(3) Report.--As soon as practicable after the date of the
briefing under paragraph (2), the Comptroller General shall
submit to the congressional defense committees a report on the
final results of the study conducted under paragraph (1).
(g) ISR/IAA Defined.--In this section, the term ``ISR/IAA'' means--
(1) intelligence, surveillance, and reconnaissance; and
(2) incident awareness and assessment.
SEC. 139A. PROCUREMENT AUTHORITY FOR COMMERCIAL ENGINEERING SOFTWARE.
(a) Procurement Authority.--The Secretary of the Air Force may
enter into one or more contracts for the procurement of commercial
engineering software to meet the digital transformation goals and
objectives of the Department of the Air Force.
(b) Inclusion of Program Element in Budget Materials.--In the
materials submitted by the Secretary of the Air Force in support of the
budget of the President for fiscal year 2024 (as submitted to Congress
pursuant to section 1105 of title 31, United States Code), the
Secretary shall include a program element dedicated to the procurement
and management of the commercial engineering software described in
subsection (a).
(c) Review.--In carrying out subsection (a), the Secretary of the
Air Force shall--
(1) review the commercial physics-based simulation
marketspace; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress
of digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and
provide data-driven approaches to inform investments by the
Department of the Air Force.
(d) Report.--Not later than March 1, 2023, the Secretary of the Air
Force shall submit to the congressional defense committees a report
that includes--
(1) an analysis of specific physics-based simulation
capability manufacturers that deliver high mission impact with
broad reach into the weapon system enterprise of the Department
of the Air Force; and
(2) a prioritized list of programs and offices of the
Department of the Air Force that could better utilize
commercial physics-based modeling and simulation and
opportunities for the implementation of such modeling and
simulation capabilities within the Department.
SEC. 139B. SENSE OF CONGRESS REGARDING UNITED STATES AIR NATIONAL GUARD
REFUELING MISSION.
It is the sense of Congress that--
(1) the refueling mission of the reserve components of the
Air Force is essential to ensuring the national security of the
United States and our allies;
(2) this mission provides for aerial aircraft refueling
essential to extending the range of aircraft, which is a
critical capability when facing the current threats abroad; and
(3) the Air Force should ensure any plan to retire KC-135
aircraft includes equal replacement with KC-46A aircraft.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 141. CHARGING STATIONS AT COMMISSARY STORES AND MILITARY
EXCHANGES.
(a) In General.--Subchapter I of chapter 147 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2486. Electric vehicle charging stations at commissary stores
and military exchanges
``(a) Authority.--The Secretary of Defense may furnish electric
vehicle charging stations at a commissary store or military exchange
for commercial use by individuals authorized to access such facilities.
``(b) Rates and Procedures.--If the Secretary of Defense furnishes
electric vehicle charging stations pursuant to subsection (a)--
``(1) the Secretary shall establish rates and procedures
that the Secretary determines appropriate for the purchase of
electric power from the charging stations; and
``(2) such charging stations may be installed and operated
by a contractor on a for-profit basis.
``(c) Interoperability.--Any vehicle charging station provided
under this section shall use a charging connector type (or other means
to transmit electricity to the vehicle) that--
``(1) meets applicable industry accepted standards for
interoperability and safety; and
``(2) is compatible with--
``(A) electric vehicles commonly available for
purchase by a member of the general public; and
``(B) covered nontactical vehicles.
``(b) Covered Nontactical Vehicle Defined.--In this section, the
term `covered nontactical vehicle' means any vehicle--
``(1) that is not a tactical vehicle designed for use in
combat; and
``(2) that is purchased or leased by the Department of
Defense, or by another department or agency of the Federal
Government for the use of the Department of Defense, pursuant
to a contract entered into, renewed, modified, or amended on or
after October 1, 2022.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by adding at the end the following new item:
``2486. Electric vehicle charging stations at commissary stores and
military exchanges.''.
SEC. 142. INCREASE AIR FORCE AND NAVY USE OF USED COMMERCIAL DUAL-USE
PARTS IN CERTAIN AIRCRAFT AND ENGINES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, with respect to
the Air Force, and the Secretary of the Navy, with respect to the Navy,
shall develop and implement processes and procedures for--
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial-dual use parts in all--
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are
based on the design of commercial products.
(b) Procurement of Parts.--The processes and procedures implemented
under subsection (a) shall provide that commercial dual-use parts shall
be acquired--
(1) pursuant to competitive procedures (as defined in
section 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess an
Authorized Release Certificate Federal Aviation Administration
Form 8130-3 Airworthy Approval Tag from a certified repair
station pursuant to part 145 of title 14, Code of Federal
Regulations.
(c) Definitions.--In this section:
(1) Commercial derivative.--The term ``commercial
derivative'' means an item procured by the Department of
Defense that is or was produced using the same or similar
production facilities, a common supply chain, and the same or
similar production processes that are used for the production
of the item as predominantly used by the general public or by
nongovernmental entities for purposes other than governmental
purposes.
(2) Commercial dual-use parts.--The term ``commercial dual-
use parts'' means a product that is--
(A) a commercial product;
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life limited part.
(3) Commercial product.--The term ``commercial product''
has the meaning given such term in section 103 of title 41,
United States Code.
(4) Dual-use.--The term ``dual-use'' has the meaning given
such term in section 4801 of title 10, United States Code.
SEC. 143. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT
INDUSTRIAL BASE.
(a) Assessment Required.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretaries of
the Army, Navy, and Air Force, shall conduct an assessment of the
military rotary wing aircraft industrial base.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1)(A) Identification of each rotary wing aircraft program
of the Department of Defense that is in the research and
development or procurement phase.
(B) A description of any platform-specific or capability-
specific facility or workforce technical skill requirements
necessary for each program identified under subparagraph (A).
(2) Identification of--
(A) the rotary wing aircraft capabilities of each
Armed Force anticipated for programming beyond the
period covered by the most recent future-years defense
program submitted to Congress under section 221 of
title 10, United States Code (as of the date of the
assessment); and
(B) the technologies, facilities, and workforce
skills necessary for the development of such
capabilities.
(3) An assessment of the military industrial base capacity
and skills that are available (as of the date of the
assessment) to design and manufacture the platforms and
capabilities identified under paragraphs (1) and (2) and a list
of any gaps in such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft
industrial base that is the sole source within such industrial
base from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack of
other suppliers for such components, subcomponents, or
equipment.
(5) Analysis of the likelihood of future consolidation,
contraction, or expansion, within the rotary wing aircraft
industrial base, including--
(A) identification of the most probable scenarios
with respect to such consolidation, contraction, or
expansion; and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire
military rotary wing aircraft in the future, including
any effects on the cost and schedule of such
acquisitions.
(6) Such other matters the Under Secretary of Defense for
Acquisition and Sustainment determines appropriate.
(c) Report.--
(1) In general.--Concurrently with the submission of the
next annual report required to be submitted under section 4814
of title 10, United States Code, after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report that includes--
(A) the results of the assessment conducted under
subsection (a); and
(B) based on such results, recommendations for
reducing any risks identified with respect to the
military rotary wing aircraft industrial base.
(2) Form.--The report required under paragraph (1) may be
submitted as an appendix to the annual report required to be
submitted under section 4814 of title 10, United States Code.
(d) Rotary Wing Aircraft Defined.--In this section, the term
``rotary wing aircraft'' includes rotary wing and tiltrotor aircraft.
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. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL
RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING.
(a) Joint Artificial Intelligence Research and Development
Activities.--Section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) is amended--
(1) 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) in the second sentence, by striking
``Director of the Joint Artificial Intelligence Center'' and
inserting ``the official designated under subsection (b)''; and
(3) by striking subsection (h).
(b) Personnel Management Authority to Attract Experts in Science
and Engineering.--Section 4092 of title 10, United States Code, is
amended--
(1) by amending paragraph (6) of subsection (a) to read as
follows:
``(6) Joint artificial intelligence research, development,
and transition activities.--The official designated under
subsection (b) of section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) shall carry out a program of personnel management
authority provided in subsection (b) of this section in order
to facilitate recruitment of eminent experts in science or
engineering to support the activities of such official under
such section 238.''.
(2) in subsection (b)(1)(F)--
(A) by striking ``Joint Artificial Intelligence
Center'' and inserting ``official designated under
subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232)''; and
(B) by striking ``in the Center'' and inserting
``in support of the activities of such official under
such section''; and
(3) in subsection (c)(2), by striking ``the Joint
Artificial Intelligence Center'' and inserting ``the activities
under section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)''.
(c) Review of Artificial Intelligence Applications and
Establishment of Performance Metrics.--Section 226(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10
U.S.C. 4001 note) is amended--
(1) in paragraph (3), by inserting ``or the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'' after
``Director of the Joint Artificial Intelligence Center'';
(2) in paragraph (4), by inserting ``or the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'' after
``Director of the Joint Artificial Intelligence Center''; and
(3) in paragraph (5), by inserting ``or the official
designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)'' after
``Director of the Joint Artificial Intelligence Center''.
(d) Modification of the Joint Common Foundation Program.--Section
227(a) of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117-81; 10 U.S.C. 4001 note) is amended by striking ``Joint
Artificial Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. note prec. 4061)''.
(e) Pilot Program on Data Repositories to Facilitate the
Development of Artificial Intelligence Capabilities for the Department
of Defense.--Section 232 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``pilot program on
data repositories'' and inserting ``data repositories'';
(2) by amending subsection (a) to read as follows:
``(a) Establishment of Data Repositories.--The Secretary of
Defense, acting through the official designated under subsection (b) of
section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)
(and such other officials as the Secretary determines appropriate),
shall--
``(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial
intelligence software and technology; and
``(2) allow appropriate public and private sector
organizations to access such data repositories for the purpose
of developing improved artificial intelligence and machine
learning software capabilities that may, as determined
appropriate by the Secretary, be procured by the Department to
satisfy Department requirements and technology development
goals.'';
(3) in subsection (b), by striking ``If the Secretary of
Defense carries out the pilot program under subsection (a), the
data repositories established under the program'' and inserting
``The data repositories established under subsection (a)''; and
(4) by amending subsection (c) to read as follows:
``(c) Briefing.--Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on--
``(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories
established under subsection (a); and
``(2) the progress of the Secretary in establishing such
data repositories.''.
(f) Digital Development Infrastructure Plan and Working Group.--
Section 1531(d)(2)(C) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81; 135 Stat. 2051) is amended by
striking ``The Joint Artificial Intelligence Center (JAIC)'' and
inserting ``The office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(g) Application of Artificial Intelligence to the Defense Reform
Pillar of the National Defense Strategy.--Section 234(b) of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 10 U.S.C. 113) is amended by striking
``Director of the Joint Artificial Intelligence Center'' and inserting
``official designated under subsection (b) of section 238 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. note prec. 4061)''.
(h) Pilot Program on the Use of Electronic Portfolios to Evaluate
Certain Applicants for Technical Positions.--Section 247(c) of the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. note prec. 1580) is
amended--
(1) in paragraph (1), by striking ``the Joint Artificial
Intelligence Center'' and inserting ``the office of the
official designated under subsection (b) of section 238 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061)'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(i) Acquisition Authority of the Director of the Joint Artificial
Intelligence Center.--Section 808 the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 4001 note) is amended--
(1) in the section heading, by striking ``the director of
the joint artificial intelligence center'' and inserting ``the
senior official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``the Director of the Joint
Artificial Intelligence Center'' and inserting ``the
official designated under subsection (b) of section 238
of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
note prec. 4061) (referred to in this section as the
`Official')''; and
(B) by striking ``the Center'' and inserting ``the
office of such official (referred to in this section as
the `Office')'';
(3) in subsection (b)--
(A) in the subsection heading, by striking
``JAIC'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A),
(I) by striking ``staff of the
Director'' and inserting ``staff of the
Official''; and
(II) by striking ``the Director of
the Center'' and inserting ``such
Official'';
(ii) in subparagraph (A), by striking ``the
Center'' and inserting ``the Office'';
(iii) in subparagraph (B), by striking
``the Center'' and inserting ``the Office'';
(iv) in subparagraph (C), by striking ``the
Center'' each place it appears and inserting
``the Office''; and
(v) in subparagraph (D), by striking ``the
Center'' each place it appears and inserting
``the Office'';
(C) in paragraph (2)--
(i) by striking ``the Center'' and
inserting ``the Office''; and
(ii) by striking ``the Director'' and
inserting ``the Official'';
(4) in subsection (c)(1)--
(A) by striking ``the Center'' and inserting ``the
Office''; and
(B) by striking ``the Director'' and inserting
``the Official'';
(5) in subsection (d), by striking ``the Director'' and
inserting ``the Official'';
(6) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking
``Center missions'' and inserting ``the
missions of the Office''; and
(ii) in subparagrpah (D), by striking ``the
Center'' and inserting ``the Office''; and
(B) in paragraph (3), by striking ``the Center''
and inserting ``the Office'';
(7) in subsection (f), by striking ``the Director'' and
inserting ``the Official''; and
(8) in subsection (g)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively.
(j) Biannual Report.--Section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1293) is amended--
(1) in the section heading, by striking ``joint artificial
intelligence center'' and inserting ``office of the senior
official with principal responsibility for artificial
intelligence and machine learning'';
(2) in subsection (a)--
(A) by striking ``2023'' and inserting ``2026'';
and
(B) by striking ``the Joint Artificial Intelligence
Center (referred to in this section as the `Center')''
and inserting ``the office of the official designated
under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061) (referred to in this section as the `Office')'';
(3) in subsection (b)--
(A) by striking ``Center'' each place it appears
and inserting ``Office'';
(B) in paragraph (2), by striking ``the National
Mission Initiatives, Component Mission Initiatives, and
any other initiatives'' and inserting ``any
initiatives''; and
(C) in paragraph (7), by striking ``the Center's
investments in the National Mission Initiatives and
Component Mission Initiatives'' and inserting ``the
Office's investments in its initiatives and other
activities''; and
(4) by striking subsection (c).
(k) Reporting Responsibility.--Section 903(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 2223 note) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) References in Existing Law.--Any reference in any law,
regulation, guidance, instruction, or other document of the Federal
Government to the Director of the Joint Artificial Intelligence Center
of the Department of Defense or to the Joint Artificial Intelligence
Center shall be deemed to refer to the official designated under
section 238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061) or
the office of such official, as the case may be.
SEC. 212. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER
IN FOSTERING INTEROPERABILITY AMONG JOINT FORCE SYSTEMS.
(a) In General.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall direct the Chief Digital and
Artificial Intelligence Officer of the Department of Defense to carry
out the activities described in subsection (b) in support of the Joint
All Domain Command and Control strategy and the Joint Warfighting
Concept of the Department.
(b) Activities Described.--The activities described in this
subsection are the following:
(1) To solicit feedback from the combatant commands and the
Joint Staff to identify operational challenges that--
(A) are attributable to a lack of interoperability
between the warfighting systems and other technology,
including software and data, of such commands and the
Joint Staff; and
(B) could potentially be resolved using mission
integration software, including software designed to
integrate heterogeneous systems across domains without
upgrading hardware or changing existing system
software.
(2) From amounts made available to carry out this section,
to allocate funds to entities in the combatant commands and the
Joint Staff to address such operational challenges through--
(A) the development, procurement, or fielding of
mission integration software; and
(B) the development and implementation of related
tactics, techniques, and procedures to integrate
systems to increase interoperability.
(3) To identify, acquire, and field existing mission
integration capabilities and enhance ongoing research and
development.
(4) To support exercises, experimentation, and
demonstrations to highlight and refine mission integration
software and address associated interoperability challenges.
(5) To assist in fielding mission integration software by
the military departments to encourage the development and
employment of such software on a larger scale.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committee on Armed Services of the House of Representatives a briefing
on the progress of the Chief Digital and Artificial Intelligence
Officer in carrying out the activities described in subsection (b)).
(d) Reports.--On a biannual basis during the period of three years
following the date of the briefing under subsection (c), the Secretary
of Defense shall submit to the congressional defense committees a
report that includes, with respect to the period of six months
preceding the date of the report, the following:
(1) A description of any operational challenges that were
identified under subsection (b)(1).
(2) Of those operational challenges--
(A) identification of the challenges the Chief
Digital and Artificial Intelligence Officer addressed
through the allocation of funds under subsection
(b)(2); and
(B) an explanation of whether and to what extent
activities carried out with such funds reduced
interoperability challenges.
(3) Identification of any mission integration software
procured, developed, or fielded by the Armed Forces or the
combatant commands.
(4) A description of any exercises, experimentation, and
demonstrations performed.
(e) Definitions.--In this section:
(1) The term ``Chief Digital and Artificial Intelligence
Officer'' means the official designated under subsection (b) of
section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. note prec. 4061).
(2) The term ``mission integration software'' means
software that supports military operations by creating
interoperability between systems, tools, and applications,
including weapons, platforms, intelligence, surveillance, and
reconnaissance systems, intelligence fusion systems, tasking
systems, tactical data links, cyberspace and electronic warfare
systems, communications systems, command and control systems,
common operating pictures, and commanders' decision aids.
SEC. 213. MODIFICATION OF DEFENSE LABORATORY MODERNIZATION PILOT
PROGRAM.
Section 2803 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. note prec. 4121) is amended--
(1) in subsection (e), by striking ``$150,000,000'' and
inserting ``$300,000,000'';
(2) in subsection (f)(2), by striking ``$1,000,000'' and
inserting ``$4,000,000''; and
(3) in subsection (g), by striking ``October 1, 2025'' and
inserting ``October 1, 2030''.
SEC. 214. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL
MANUFACTURING PROCESSES.
(a) Authorization.--Subject to the availability of appropriations,
the Secretary of Defense shall provide support to manufacturing
innovation institutes for the research and development of innovative
bioindustrial manufacturing processes and the development of a network
of bioindustrial manufacturing facilities to improve the ability of the
industrial base to use such processes for the production of chemicals,
materials, and other products necessary to support national security or
secure fragile supply chains.
(b) Form of Support.--The support provided under subsection (a) may
consist of--
(1) the establishment of one or more manufacturing
innovation institutes specializing in the research and
development of bioindustrial manufacturing processes;
(2) providing funding to one or more existing manufacturing
innovation institutes--
(A) to support the research and development of
bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial
manufacturing capabilities of such institutes;
(3) the establishment of dedicated facilities within one or
more manufacturing innovation institutes to serve as regional
hubs for the research, development, and the scaling of
bioindustrial manufacturing processes and products to higher
levels of production; or
(4) designating a manufacturing innovation institute to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) Activities.--A manufacturing innovation institute that receives
support under subsection (a) shall carry out activities relating to the
research, development, test, and evaluation of innovative bioindustrial
manufacturing processes and the scaling of bioindustrial manufacturing
products to higher levels of production, which may include--
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial
manufacturing processes and technologies;
(3) activities to scale bioindustrial manufacturing
processes and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as
input to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities
to scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital
infrastructure for collaborative data exchange across entities
in the bioindustrial manufacturing community, including
government agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols,
and best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense
determines appropriate.
(d) Considerations.--In determining the number, type, and location
of manufacturing innovation institutes or facilities to support under
subsection (a), the Secretary of Defense shall consider--
(1) how the institutes or facilities may complement each
other by functioning as a together as a network;
(2) how to geographically distribute support to such
institutes or facilities--
(A) to maximize access to biological material
needed as an input to bioindustrial manufacturing
processes;
(B) to leverage available industrial and academic
expertise;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and
other materials; and
(D) to complement the capabilities of other
manufacturing innovation institutes and similar
facilities; and
(3) how the activities supported under this section can be
coordinated with relevant activities of other departments and
agencies of the Federal Government.
(e) Plan Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees and the
National Security Commission on Emerging Biotechnology a plan
for the implementation of this section that includes--
(A) a description of types, relative sizes, and
locations of the manufacturing innovation institutes or
facilities the Secretary intends to establish or
support under this section;
(B) a general description of the focus of each
institute or facility, including the types of
bioindustrial manufacturing equipment, if any, that are
expected to be procured for each such institute or
facility;
(C) a general description of how the institutes and
facilities will work as a network to maximize the
diversity of bioindustrial products available to be
produced by the network;
(D) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(E) an explanation of how the Secretary intends to
ensure that bioindustrial manufacturing activities
conducted under this section are modernized digitally,
including through--
(i) the use of a data automation to
represent processes and products as models and
simulations; and
(ii) the implementation of measures to
address cybersecurity and process assurance
concerns.
(2) Briefings.--Not later than 180 days after the date of
the submittal of the plan under paragraph (1), and biannually
thereafter for five years, the Secretary of Defense shall
provide to the appropriate congressional committees a briefing
on the progress toward the implementation of the plan.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Agriculture and the Committee
on Science, Space, and Technology of the House of
Representatives.
(2) The term ``bioindustrial manufacturing'' means the use
of living organisms, cells, tissues, enzymes, or cell-free
systems to produce materials and products for non-
pharmaceutical applications.
(3) The term ``manufacturing innovation institute'' means a
Manufacturing USA institute (as described in section 34(d) of
the National Institute of Standards and Technology Act (15
U.S.C. 278s(d))) that is funded by the Department of Defense.
SEC. 215. ACTIVITIES TO SUPPORT THE USE OF METAL ADDITIVE MANUFACTURING
FOR THE SUBSURFACE FLEET OF THE NAVY.
(a) In General.--The Secretary of the Navy shall carry out
activities to support--
(1) the development of additive manufacturing processes for
the production of metal components and other metal-based
materials for the subsurface fleet of the Navy;
(2) the testing, evaluation, and qualification of such
processes, components, and materials; and
(3) the use of such processes, components, and materials to
meet requirements and milestones applicable to the subsurface
fleet of the Navy.
(b) Funding.--From amounts authorized to be appropriated by this
Act for shipbuilding concept advance design (PE 0603563N), as reflected
in division D of this Act, the Secretary of the Navy is authorized to
use up to $5,000,0000 to carry out the activities required under
subsection (a).
SEC. 216. DIGITAL MISSION OPERATIONS PLATFORM FOR THE SPACE FORCE.
The Secretary of the Air Force is authorized to enter into one or
more contracts for the procurement of a digital mission operations
platform for the Space Force that--
(1) is capable of providing systems operators with the
ability to analyze system performance in a simulated mission
environment; and
(2) enables collaboration among such operators in a
integrated, physics-based environment.
SEC. 217. AIR-BREATHING TEST CAPACITY UPGRADE TO SUPPORT CRITICAL
HYPERSONIC WEAPONS DEVELOPMENT.
The Secretary of the Air Force shall carry out activities to
upgrade the air breathing test facilities of the Department of the Air
Force to support critical hypersonic weapons development. The Secretary
shall seek to complete any upgrade made under this section, subject to
availability of funds for such upgrade, not later than 24 months after
the upgrade is commenced.
SEC. 218. INFORMATION ON USE OF COMMERCIAL SOFTWARE FOR THE WARFIGHTER
MACHINE INTERFACE OF THE ARMY.
(a) Certification Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army shall certify
to the congressional defense committees that the procurement process
for increments of the warfighter machine interface procured after the
date of the enactment of this Act will be carried out in accordance
with section 3453 of title 10, United States Code.
(b) Market Research and Report.--
(1) Market research.--The Secretary of the Army shall
conduct market research to identify commercially available
software to determine whether such software has the potential
to fulfill the applicable requirements of the warfighter
machine interface program of the Army.
(2) Report.--Not later than 30 days after the conclusion of
the market research required under paragraph (1), the Secretary
of the Army shall submit to the congressional defense
committees a report on the on the results of the research,
including a list of any commercial software identified as part
of the research.
SEC. 219. MEASURES TO INCREASE THE CAPACITY OF HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY-SERVING
INSTITUTIONS TO ACHIEVE VERY HIGH RESEARCH ACTIVITY
STATUS.
(a) Purpose.--The purpose of the program established under this
section is to provide additional pathways needed for further increasing
capacity at historically Black colleges and universities and other
minority-serving institutions to achieve and maintain very high
research activity status.
(b) Program to Increase Capacity Toward Achieving Very High
Research Activity Status.--
(1) Program.--
(A) In general.--The Secretary shall establish and
carry out, using funds made available for research
activities, a pilot program to increase capacity at
high research activity status historically Black
colleges and universities and other minority-serving
institutions toward achieving very high research
activity status during the grant period.
(B) Recommendations.--In establishing such program,
the Secretary may consider the recommendations pursuant
to section 262 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C.
4144 note) and section 220 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1597).
(2) Grants authorized.--The Secretary shall award, on a
competitive basis, grants to eligible institutions to carry out
the activities under paragraph (4)(A).
(3) Application.--An eligible institution seeking a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
and assurances as the Secretary may require, including a
description of--
(A) nascent research capabilities with respect to
research areas of interest to the Department of
Defense;
(B) a plan for increasing the level of research
activity toward achieving very high research activity
status classification during the grant period,
including measurable milestones such as growth in very
high research activity status indicators and other
relevant factors;
(C) how such institution will sustain the increased
level of research activity after the conclusion of the
grant period; and
(D) how the institution will evaluate and assess
progress with respect to the implementation of the plan
under subparagraph (B).
(4) Program components.--
(A) Use of funds.--An eligible institution that
receives a grant under this section shall use the grant
funds to support research activities with respect to
research areas for STEM and critical technologies, as
determined by the Secretary under subparagraph (B),
including--
(i) faculty professional development;
(ii) stipends for undergraduate and
graduate students and post-doctoral scholars;
(iii) laboratory equipment and
instrumentation;
(iv) recruitment and retention of faculty
and graduate students;
(v) communication and dissemination of
products produced during the grant period;
(vi) construction, modernization,
rehabilitation, or retrofitting of facilities
for research purposes; and
(vii) other activities necessary to build
capacity in achieving very high research
activity status indicators.
(B) Strategic areas of scientific research.--The
Secretary, in consultation with the Defense Science
Board, shall establish and update, on an annual basis,
a list of research areas for STEM and critical
technologies.
(C) Research progress reporting.--
(i) In general.--Not later than 3 years
after receiving a grant under this section, and
every 3 years thereafter, an eligible
institution shall submit to the Secretary--
(I) a report that includes an
assessment by the institution, using
the criteria established in clause
(ii), of the progress made by such
institution with respect to achieving
very high research activity indicators;
and
(II) an updated plan described in
paragraph (3)(B).
(ii) Research assessment.--The Secretary,
in partnership with the eligible institution,
shall establish criteria for the report
required under clause (i)(I).
(D) Grant period.--A grant awarded under this
section shall be for a period of not more than 10
years, to be determined by the Secretary.
(E) Expansion of eligibility.--The Secretary may
award grants under this section to historically Black
colleges and universities and other minority-serving
institutions that are not eligible institutions if the
Secretary determines that the program can support such
colleges, universities, and institutions while
achieving the purpose of the program described in
subsection (a).
(5) Evaluation.--Not later than 5 years after the date of
the enactment of this Act, the Secretary shall prepare and
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives providing an update on
the pilot program, including--
(A) activities carried out under the pilot program;
(B) an analysis of the growth in very high research
activity status indicators of eligible institutions
that received a grant under this section; and
(C) emerging research areas of interest to the
Department of Defense conducted by eligible
institutions that received a grant under this section.
(6) Termination.--The authority of the Secretary to award
grants under the pilot program established by this section
shall terminate 10 years after the date on which the Secretary
establishes such program.
(7) Report to congress.--Not later than 180 days after the
termination of the pilot program under paragraph (6), the
Secretary shall prepare and submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives on the pilot program that includes the
following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions
that received a grant under this section.
(B) An evaluation on the effectiveness of the
program in increasing the research capacity of eligible
institutions that received a grant under this section.
(C) An description of how institutions that have
achieved very high research activity status plan to
sustain that status beyond the duration of the program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that received
a grant under this section.
(E) An evaluation of the effectiveness of the
program in increasing the diversity of students
conducting high quality research in unique areas.
(F) Recommendations with respect to further
activities and investments necessary to elevate the
research status of historically Black colleges and
universities and other minority-serving institutions.
(G) Recommendations on whether the program
established under this section should be renewed or
expanded.
(c) Consultation.--In designing the program under this section, the
Secretary of Defense may consult with the President's Board of Advisors
on historically Black colleges and universities.
(d) Definitions.--In this section:
(1) The term ``eligible institution'' means a historically
Black college or university or other minority-serving
institution that is classified as a high research activity
status institution at the time of application for a grant under
subsection (b).
(2) The term ``high research activity status'' means R2
status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(3) The term ``historically Black college or university''
has the meaning given the term ``part B institution'' under
section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
(4) The term ``other minority-serving institution'' means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(5) The term ``Secretary'' means the Secretary of Defense.
(6) The term ``very high research activity status'' means
R1 status, as classified by the Carnegie Classification of
Institutions of Higher Education.
(7) The term ``very high research activity status
indicators'' means the categories used by the Carnegie
Classification of Institutions of Higher Education to delineate
which institutions have very high activity status, including--
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in
science and engineering;
(C) annual expenditures in non-science and
engineering fields;
(D) per-capita (faculty member) expenditures in
non-science and engineering fields;
(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a
research emphasis;
(I) total number of research staff including
postdoctoral researchers;
(J) other doctorate-holding non-faculty researchers
in science and engineering and per-capita (faculty)
number of doctorate-level research staff including
post-doctoral researchers; and
(K) other categories utilized to determine
classification.
SEC. 220. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF PATENTABLE
INVENTIONS IN THE DEPARTMENT OF THE NAVY.
(a) In General.--Beginning not later than 120 days after the date
of the enactment of this Act, the Secretary of the Navy shall carry out
a pilot program to expand the support available to covered personnel
who seek to engage in the development of patentable inventions that--
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) Activities.--As part of the pilot program under subsection (a),
the Secretary of the Navy shall--
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) clarify and issue guidance detailing how covered
personnel, including personnel outside of the laboratories and
other research organizations of the Department of the Navy,
may--
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other
payment as an inventor or coinventor such as may be due
under section 14(a)(1)(A)(i) of the Stevension-Wylder
Technology Innovation Act of 1980 (15 U.S.C.
3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary
determines appropriate in accordance with the purposes of the
pilot program.
(c) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``covered personnel'' means members of the
Navy and Marine Corps and civilian employees of the Department
of the Navy, including members and employees whose primary
duties do not involve research and development.
(2) The term ``patentable invention'' means an invention
that is patentable under title 35, United States Code.
SEC. 221. PILOT PROGRAM TO FACILITATE THE RESEARCH, DEVELOPMENT, AND
PRODUCTION OF ADVANCED BATTERY TECHNOLOGIES FOR
WARFIGHTERS.
(a) Establishment.--The Secretary of Defense shall carry out a
pilot program to be known as the ``American Sustainable Battery
Production Technologies Program'' (referred to in this section as the
``Program''). Under the Program, the Secretary shall seek to award
assistance to eligible entities to facilitate the research,
development, and production of electric battery technologies that may
be useful for defense-related purposes.
(b) Coordination With Related Programs.--The Secretary of Defense
shall ensure that activities under the Program are coordinated with--
(1) the Strategic Environmental Research and Development
Program under section 2901 of title 10, United States Code; and
(2) the Department of Energy, including by taking into
consideration the potential military application of battery
technologies developed by entities awarded grants by the
Department under section 40207 of the Infrastructure Investment
and Jobs Act (Public law 117-58; 42 U.S.C. 18741).
(c) Program Activities.--Under the Program, the Secretary of
Defense shall seek to award assistance to eligible entities--
(1) to conduct research and development into electric
battery technologies and any associated manufacturing and
production needs;
(2) to expand the battery recycling capabilities of the
Department of Defense;
(3) to reduce the reliance of the Department of Defense on
foreign competitors for critical materials and technologies,
including rare earth materials; and
(4) to transition battery technologies, including
technologies developed from other pilot programs, prototype
projects, or other research and development programs, from the
prototyping phase to production.
(d) Form of Assistance.--Assistance awarded to an eligible entity
under the Program may consist of a grant, a contract, a cooperative
agreement, other transaction, or such other form of assistance as the
Secretary of Defense considers appropriate.
(e) Priority Consideration.--In awarding assistance to eligible
entities under the Program, the Secretary of Defense shall give
priority to entities that--
(1) are located in and operate in the United States,
including any manufacturing operations;
(2) are owned by a United States entity; and
(3) deploy North American-owned intellectual property and
content.
(f) Data Collection.--The Secretary of Defense shall collect and
analyze data on the Program for the purposes of--
(1) developing and sharing best practices for achieving the
objectives of the Program;
(2) providing information to the Secretary on the
implementation of the Program, and related policy issues; and
(3) reporting to the congressional defense committees in
accordance with subsection (h).
(g) Termination.--The Program shall terminate on the date that is
six years after the date of the enactment of this Act.
(h) Reports.--
(1) Annual reports.--Not later than one year after the date
of the enactment of this Act and annually thereafter until the
date on which the Program terminates under subsection (g), the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the use of funds under the
Program. Each report shall include the following:
(A) An explanation of whether and to what extent
the assistance awarded to eligible entities under the
Program met mission requirements during the period
covered by the report, including--
(i) the value of the assistance awarded,
including the value of each grant, contract,
cooperative agreement, other transaction, or
other form of assistance; and
(ii) a description of the research,
technology, or capabilities funded with such
assistance.
(B) A description of any research, technology, or
capabilities being tested under the Program as of the
date of the report together with an explanation of how
the Secretary has applied, or expects to apply, such
research, technology, or capabilities within the
Department of Defense.
(2) Final report.--Not later than one year after the date
on which the Program terminates under subsection (g), the
Secretary of Defense shall submit to the appropriate
congressional committees a final report on the results of the
Program. Such report shall include--
(A) a summary of the objectives achieved by the
Program; and
(B) recommendations regarding the steps that may be
taken to promote battery technologies that are not
dependent on foreign competitors to meet the needs of
the Armed Forces.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Energy and Commerce and the
Committee on Science, Space, and Technology of the
House of Representatives; and
(C) the Committee on Energy and Natural Resources
and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``eligible entity'' means a battery producer
or other entity involved in the battery production supply
chain.
SEC. 222. PILOT PROGRAM ON RESEARCH AND DEVELOPMENT OF PLANT-BASED
PROTEIN FOR THE NAVY.
(a) Establishment.--Not later than March 1, 2023, the Secretary of
the Navy shall establish and carry out a pilot program to offer plant-
based protein options at forward operating bases for consumption by
members of the Navy.
(b) Locations.--Not later than March 1, 2023, the Secretary shall
identify not fewer than two naval facilities to participate in the
pilot program and shall prioritize facilities (such as Joint Region
Marianas, Guam, Navy Support Facility, Diego Garcia, and U.S. Fleet
Activities Sasebo, Japan) where livestock-based protein options may be
costly to obtain or store.
(c) Authorities.--In establishing and carrying out the pilot
program under subsection (a), the Secretary of the Navy may use the
following authorities:
(1) The authority to carry out research and development
projects under section 4001 of title 10, United States Code.
(2) The authority to enter into transactions other than
contracts and grants under section 4021 of such title.
(3) The authority to enter into cooperative research and
development agreements under section 4026 of such title.
(d) Rule of Construction.--Nothing in this Act shall be construed
to prevent offering livestock-based protein options alongside plant-
based protein options at naval facilities identified under subsection
(b).
(e) Termination.--The requirement to carry out the pilot program
established under this section shall terminate three years after the
date on which the Secretary establishes the pilot program required
under this section.
(f) Report.--Not later than one year after the termination of the
pilot program, the Secretary shall submit to the appropriate
congressional committees a report on the pilot program that includes
the following:
(1) The consumption rate of plant-based protein options by
members of the Navy under the pilot program.
(2) Effective criteria to increase plant-based protein
options at naval facilities not identified under subsection
(b).
(3) An analysis of the costs of obtaining and storing
plant-based protein options compared to the costs of obtaining
and storing livestock-based protein options at selected naval
facilities.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Armed Forces of the Senate.
(2) Plant-based protein options.--The term ``plant-based
protein options'' means edible vegan or vegetarian meat
alternative products made using plant and other non-livestock-
based proteins.
SEC. 223. ALLOWABLE USES OF FUNDS UNDER THE COMMERCIAL WEATHER DATA
PILOT PROGRAM OF THE AIR FORCE.
Funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2023 for the Air Force for the Commercial
Weather Data Pilot Program may be used only for the piloting and
demonstration of radio occultation data for use in weather models.
SEC. 224. PILOT PROGRAM ON USE OF DIGITAL TWIN TECHNOLOGIES IN THE
ARMED FORCES.
(a) In General.--Each Secretary of a military department shall
carry out a pilot program under which the Secretary identifies, for
each Armed Force under the jurisdiction of such Secretary, not fewer
than one and not more than three new areas in which digital twin
technology may be implemented to improve the operations of the Armed
Force. To the extent practicable, consideration shall be given to
operations involving reduced manpower and autonomous systems.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, each Secretary of a military department shall submit to
the congressional defense committees a report that includes--
(1) a description of each proposed area in which digital
twin technology may be implemented in accordance with
subsection (a);
(2) a plan for such implementation; and
(3) an explanation of any additional funding required for
such implementation.
SEC. 225. FUNDING FOR ADVANCED ABOVE WATER SENSORS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Navy, as
specified in the corresponding funding table in section 4201, for
system development & demonstration, advanced above water sensors (PE
0604501N), line 129, is hereby increased by $24,004,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $24,004,000.
SEC. 226. BIOFUEL AND FUEL CELL VEHICLE RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Defense shall establish a
research, development, and demonstration program for a commercially
viable fuel cell system that uses biofuel as a fuel source for a
vehicle.
(b) Research Goals.--The Secretary of Defense shall establish
interim research and development goals that will result in the
demonstration of commercially viable fuel cell systems that utilize
biofuels as a fuel source, including the following:
(1) Innovative stack designs and components, including--
(A) catalysts;
(B) membranes and electrolytes;
(C) interconnects;
(D) seals; and
(E) metal- or electrolyte-supported stack cell
designs.
(2) Variety of renewable energy sources, including ethanol
and other biomass.
(3) Technologies that enable fuel cell durability and fuel
cell durability testing.
(4) Systems designs and component integration that optimize
efficiency, cost, transient response, and lifetime.
(c) Coordination.--In carrying out the activities under this
section, the Secretary of Defense shall coordinate with--
(1) appropriate Federal agencies, including the Department
of Agriculture and the Department of Transportation;
(2) National Laboratories; and
(3) relevant industry stakeholders, non-government
organizations, and trade associations.
SEC. 227. RADAR OBSTRUCTION RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
PROGRAM.
(a) Establishment.--The Secretary of Defense, in conjunction with
the Director of the National Weather Service, the Administrator of the
Federal Aviation Administration, the Secretary of Commerce, and the
Secretary of Energy shall establish a research, development, test, and
evaluation program (in this Act referred to as the ``Program'') to
ensure the continued performance of weather radar detection and
prediction capabilities with physical obstructions in the radar line of
sight.
(b) Requirements.--In carrying out the Program, the Secretary of
Defense, in consultation with the Interagency Council for Advancing
Meteorological Services, shall--
(1) partner with industry, academia, Federal, State, and
local government entities, and any other entity that the
Secretary considers appropriate;
(2) identify and test existing or near-commercial
technologies and solutions that mitigate the potential impact
of obstructions on a weather radar;
(3) research additional solutions that could mitigate the
effects of an obstruction on weather radar, including--
(A) signal processing algorithms;
(B) short-term forecasting algorithms to replace
contaminated data; and
(C) the use of dual polarization characteristics in
mitigating the effects of wind turbines on weather
radar; and
(4) develop commercially viable technical mitigation
solutions for obstructions to weather radar capabilities.
(c) Priority.--In carrying out the requirements described in
subsection (b), the Secretary of Defense shall prioritize consideration
of--
(1) multifunction phased array radar;
(2) the replacement of contaminated data with commercial
radar data;
(3) the utilization of data from private-sector-associated
meteorological towers;
(4) providing wind farm boundaries and consolidated wind
farm areas to display on local forecasting equipment;
(5) installing and providing access to rain gauges; and
(6) any other technology-based mitigation solution that the
Director of the National Weather Service determines could
overcome beam blockage or ghost echoes.
(d) Termination.--The authority of the Secretary of Defense to
carry out the Program shall terminate on the earlier of--
(1) September 30, 2026; or
(2) 1 year after date on which the final recommendation
required by subsection (e)(2) is submitted by the Secretary.
(e) Report; Recommendation.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, and annually thereafter until the
Program terminates pursuant to subsection (d), the Secretary of
Defense shall submit to Congress a report on the implementation
of the Program, including an evaluation of each technology-
based mitigation solution identified for priority consideration
in subsection (c), and a recommendation regarding additional
identification and testing of new technologies based on such
consideration.
(2) Final recommendation.--Not later than 5 years after the
date of enactment of this section, the Secretary of Defense
shall provide to Congress a recommendation on whether
additional research, testing, and development through the
Program established by subsection (a) is needed, and a
determination of whether a cessation of field research,
development, testing, and evaluation is appropriate.
(f) Definitions.--In this section:
(1) Beam blockage.--The term ``beam blockage'' means a
signal that is partially or fully blocked due to an
obstruction.
(2) Ghost echo.--The term ``ghost echo'' means radar signal
reflectivity or velocity return errors in radar data due to the
close proximity of an obstruction.
(3) Obstruction.--The term obstruction includes--
(A) a wind turbine that could limit the
effectiveness of a weather radar system; and
(B) any building that disrupts or limits the
effectiveness of a weather radar system.
SEC. 228. FUNDING FOR RESEARCH AND DEVELOPMENT RELATING TO RARE EARTH
ELEMENTS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for the
National Defense Stockpile Transaction Fund, as specified the funding
table in section 4501, is hereby increased by $2,000,000 (with the
amount of such increase to be used strengthen and implement the
domestic industrial base for rare earth metallization related to
permanent magnet production and related projects).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
system development & demonstration, integrated personnel and pay
system-Army (IPPS-A) (PE 0605018A), line 123, is hereby reduced by
$2,000,000.
SEC. 229. FUNDING FOR NATIONAL DEFENSE EDUCATION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Defense-
wide, as specified in the corresponding funding table in section 4201,
for basic research, National Defense Education Program, line 006, is
hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Washington Headquarters Services, line
500, is hereby reduced by $5,000,000.
SEC. 229A. FUNDING FOR HIGH ENERGY LASER AND CERTAIN EMERGING
TECHNOLOGY INITIATIVES.
(a) Funding for High Energy Laser.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for advanced technology development, air
and missile defense advanced technology (PE 0603466A), line
048, Counter-Unmanned Aerial Systems Palatized-High Energy
Laser is hereby increased by $25,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for advanced technology development, air
and missile defense advanced technology (PE 0603466A), line
048, Program Increase is hereby reduced by $25,000,000.
(b) Funding for Emerging Technology Initiatives.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
emerging technology initiatives (PE 0605054A), line 136,
Program Increase (10kw-50kw DE-MSHORAD) is hereby increased by
$70,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Army, as specified in the corresponding funding
table in section 4201, for system development & demonstration,
emerging technology initiatives (PE 0605054A), line 136,
Program increase (10kw-50kw DE- MSHORAD) and C-UAS P-HEL is
hereby reduced by $70,000,000.
SEC. 229B. DEPARTMENT OF DEFENSE ADVANCED TECHNOLOGY INVESTMENT
INCENTIVE PILOT PROGRAM.
(a) Establishment.--
(1) In general.--Subject to the availability of
appropriations for this purpose, the Secretary of Defense shall
carry out a pilot program to accelerate the development of
advanced technology for national security by creating
incentives for trusted private capital 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) Purposes.--The purposes of the pilot program required
by this subsection 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 support Department spending through a loan
guarantee to accelerate development of advanced
technology as described in paragraph (1).
(b) Public-private Partnership.--
(1) In general.--In carrying out subsection (a), the
Secretary shall enter into a public-private partnership with
one or more persons using criteria that the Secretary shall
establish for purposes of this subsection.
(2) Criteria.--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) Operating agreement.--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 of Equity.--
(1) Pursuant to a public-private partnership entered into
under subsection (c), a person with whom the Secretary has
entered the partnership shall invest equity in domestic small
businesses or nontraditional businesses consistent with
subsection (a).
(2) Investments under paragraph (1) shall be selected based
on their technical merit, economic considerations, and ability
to support modernization goals of the Department.
(d) Briefings and Reports.--
(1) Initial briefing and report.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall provide to the congressional defense committees a
briefing on the implementation of this section and a report on
the feasibility of implementing loan guarantees to enhance the
effectiveness of the pilot program under subsection (a),
including--
(A) a detailed description of how loan guarantees
would be vetted, approved, and managed, including
mechanisms to protect the government's interests; and
(B) how such loan guarantees would be coordinated
with other government invest mechanisms or other
private sector financing.
(2) Final briefing.--Not later than five years after the
date of the enactment of this Act, the Secretary shall provide
to the congressional defense committees a briefing on the
outcomes of the pilot program under subsection (a) and the
feasibility and advisability of making it permanent.
(e) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(f) 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 title 10, United States Code.
(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).
SEC. 229C. FUNDING FOR DEVELOPMENT OF MEASURES TO PREVENT INFECTIONS
CAUSED BY SEVERE FRACTURES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
advanced technology development, medical advanced technology (PE
0603002A), line 027, is hereby increased by $5,000,000 (with the amount
of such increase to be used to support the development of procedures
and tools to prevent infections in members of the Armed Forces who
experience severe bone fractures).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $5,000,000.
SEC. 229D. FUNDING FOR RESEARCH INTO THE EFFECTS OF HEAD-SUPPORTED MASS
ON CERVICAL SPINE HEALTH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Army, as
specified in the corresponding funding table in section 4201, for
advanced technology development, medical advanced technology (PE
0603002A), line 027, is hereby increased by $5,000,000 (with the amount
of such increase to be used to support the advancement of research into
the effects of head-supported mass on cervical spine health).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Defense-wide, as specified
in the corresponding funding table in section 4301, for administration
and service-wide activities, Office of the Secretary of Defense, line
440, is hereby reduced by $5,000,000.
SEC. 229E. REQUIREMENT FOR SEPARATE PROGRAM ELEMENT FOR THE MULTI-
MEDICINE MANUFACTURING PLATFORM PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress has maintained a strong interest in critical
materials subject to significant supply chain disruptions,
particularly those for which the predominant supply sources are
potential adversaries;
(2) as a result, Congress wishes to increase transparency
regarding funding and progress of the multi-medicine
manufacturing platform program of the Office of Naval Research;
and
(3) that program's unique manufacturing platform will
ensure that members of the armed forces have access to
essential medicines, particularly for those deployed, whether
on land or at sea.
(b) Program Element Required.--In the materials submitted by the
Secretary of the Navy in support of the budget of the President for
fiscal year 2025 and each fiscal year thereafter (as submitted to
Congress pursuant to section 1105 of title 31, United States Code), the
Secretary shall include a separate program element for the multi-
medicine manufacturing platform program under the accounts of the
Office of Naval Research.
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION OF NATIONAL SECURITY STRATEGY FOR NATIONAL
TECHNOLOGY AND INDUSTRIAL BASE.
Section 4811(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(12) Providing for the research and development of
sustainable and secure food sources, including food innovation
and alternative protein development, in consultation with the
Secretary of Agriculture.''.
SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY INNOVATION
FELLOWSHIP PROGRAM.
(a) In General.--The Director of the Defense Advanced Research
Projects Agency shall develop a plan for the establishment of a
fellowship program (to be known as the ``Innovation Fellowship
Program'') to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) Elements.--In developing the plan under subsection (a), the
Director of the Defense Advanced Research Projects Agency shall--
(1) review the programs, projects, and other activities of
the Agency that are open to participation from early career
scientists to identify opportunities for the expansion of such
participation;
(2) conduct an assessment of the potential costs of the
fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) define eligibility requirements for participants in the
fellowship program;
(5) identify criteria for evaluating applicants to the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) Submittal to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Defense Advanced
Research Projects Agency shall submit to the congressional defense
committee a report that includes--
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
SEC. 233. REPORT ON EFFORTS TO INCREASE THE PARTICIPATION OF
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY-SERVING INSTITUTIONS IN THE RESEARCH AND
DEVELOPMENT ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense committees a
report on measures that may be implemented to increase the
participation of historically Black colleges and universities and other
minority-serving institutions in the research, development, test, and
evaluation activities of the Department of Defense.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A strategy for the provision of long-term institutional
support to historically Black colleges and universities and
other minority-serving institutions, including support for--
(A) the development and enhancement of the physical
research infrastructure of such institutions; and
(B) the research activities of such institutions.
(2) An evaluation of the feasibility of expanding the
support provided by the Department of Defense to historically
Black colleges and universities and other minority-serving
institutions to include support for the development or
enhancement of grant and contract administration capabilities
at such institutions.
(3) An evaluation of options to strengthen support for
historically Black colleges and universities and other
minority-serving institutions within the military departments
and other organizations and elements of the Department,
including an evaluation of the need for and feasibility of
establishing dedicated organizations within the Army, Navy,
Marine Corps, Air Force, and Space Force to increase engagement
with such institutions.
(4) A review of the adequacy of the level of staffing
within the Department that is dedicated to engagement with
historically Black colleges and universities and other
minority-serving institutions.
(5) A plan to improve data collection and evaluation with
respect to historically Black colleges and universities and
other minority-serving institutions, including--
(A) harmonization of standards with respect to the
type, detail, and organization of data on such
institutions;
(B) improving the completeness of data submissions
regarding such institutions;
(C) improving the retention of data on such
institutions across the Department;
(D) additional data collection specific to such
institutions, including data on--
(i) the rates at which such institutions
submit proposals for grants and contracts from
the Department, the success rates of such
proposals, and feedback regarding such
proposals;
(ii) the total number of grants and
contracts for which such institutions are
eligible to apply and the number of
applications received from such institutions
for such grants and contracts; and
(iii) formal feedback mechanisms for
rejected proposals from first-time applicants
from such institutions; and
(E) as necessary, promulgation of additional or
modified regulations, instructions, or guidance
regarding the collection, evaluation, and retention of
data on such institutions.
(6) Identification of the types of research facilities,
personnel, capabilities, and subject areas that are in-demand
within the Department so that historically Black colleges and
universities and other minority-serving institutions may
prioritize investment in those types of facilities, personnel,
capabilities, and subject areas as appropriate.
(7) Identification of metrics that may be used to evaluate,
track, and improve the competitiveness of historically Black
colleges and universities and other minority-serving
institutions for grants and contracts with the Department.
(8) An evaluation of options to implement criteria for the
award of grants and contracts that assign value to the
inclusion of historically Black colleges and universities and
other minority-serving institutions as research partners,
including such mechanisms as weighted grant solicitation
evaluation criteria and longer periods of performance to allow
for capacity-building within such institutions.
(9) An evaluation of options to incentivize the defense
industry to support capacity building within historically Black
colleges and universities and other minority-serving
institutions, including through the incentivization of
independent research and development or other activities.
(10) A plan to compile and maintain data regarding
institutions of higher education, including historically Black
colleges and universities and other minority-serving
institutions, that receive funding from departments and
agencies of the Federal Government outside the Department of
Defense.
(11) A review of the programs and practices of departments
and agencies of the Federal Government outside the Department
of Defense relevant to increasing research capacity at
historically Black colleges and universities and other
minority-serving institutions for purposes of--
(A) the potential adoption of best practices within
the Department;
(B) the identification of opportunities to leverage
the research capacity of such institutions; and
(C) increasing the level of collaboration between
the Department and such institutions.
(12) Recommendations for the modification or expansion of
the workforce development programs of the Department, including
fellowships and internships, to increase the proportion of the
workforce hired from historically Black colleges and
universities and other minority-serving institutions.
(13) Such other recommendations as the Under Secretary of
Defense for Research and Engineering determines appropriate.
(14) A plan for the implementation of the recommendations
included in the report, as appropriate, including an
explanation of any additional funding, authorities, or
organizational changes needed for the implementation of such
recommendations.
(c) Definitions.--In this section:
(1) The term ``historically Black college or university''
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1932 (20 U.S.C. 1001).
(3) The term ``other minority-serving institution'' means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(d) Report on Implementation.--Not later than 180 days after the
date of the submission of the report under subsection (a), the Under
Secretary of Defense for Research and Engineering shall submit to the
congressional defense committees a report on the progress of the Under
Secretary in implementing measures to increase the participation of
historically Black colleges and universities and other minority-serving
institutions in the research, development, test, and evaluation
activities of the Department of Defense, as identified in the report
under subsection (a).
SEC. 234. ASSESSMENT OF TEST INFRASTRUCTURE AND PRIORITIES RELATED TO
HYPERSONIC CAPABILITIES AND RELATED TECHNOLOGIES AND
HYPERSONIC TEST STRATEGY.
(a) Assessment.--The Secretary of Defense shall assess the capacity
of the Department of Defense to test, evaluate, and qualify the
hypersonic capabilities and related technologies of the Department.
(b) Elements.--The assessment under subsection (a) shall include
the following:
(1) An identification of facilities of other departments
and agencies of the Federal Government and academia and
industry testing facilities relevant to the capacity described
in subsection (a).
(2) An analysis of the capability of each test facility to
simulate various individual and coupled hypersonic conditions
to accurately simulate a realistic flight-like environment with
all relevant aero-thermochemical conditions.
(3) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and
agencies of the Federal Government, as available.
(4) An analysis of the test frequency, scheduling lead
time, test cost, and capacity of each test facility relating to
testing technologies of the Department for hypersonic flight.
(5) A review of academia, contractor-owned, commercial
ground and flight testbeds that could enhance efforts to test
flight vehicles of the Department in all phases of hypersonic
flight, and other technologies, including sensors,
communications, thermal protective shields and materials,
optical windows, navigation, and environmental sensors.
(6) An assessment of any cost- and time-savings that could
result from using technologies identified in the strategy under
subsection (c).
(c) Strategy.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a strategy
to coordinate the potential use of test facilities and ranges
of other departments and agencies of the Federal Government, as
available, and academia, contractor-owned, commercial flight
and reentry test capabilities to evaluate hypersonic
technologies.
(2) Elements.--The strategy under paragraph (1) shall--
(A) be based on the assessment under subsection
(a);
(B) address how the Secretary will coordinate with
other departments and agencies of the Federal
Government, including the National Aeronautics and
Space Administration, to plan for and schedule the
potential use of other Federal Government-owned test
facilities and ranges, as available, to evaluate the
hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what
cases the Secretary can use academia, contractor-owned,
commercial flight and reentry test capabilities to fill
any existing testing requirement gaps to enhance and
accelerate flight qualification of critical hypersonic
technologies of the Department;
(D) identify--
(i) the resources needed to improve the
frequency and capacity for testing hypersonic
technologies of the Department at ground-based
test facilities and flight test ranges;
(ii) the resources needed to reimburse
other departments and agencies of the Federal
Government for the use of the test facilities
and ranges of those departments or agencies to
test the hypersonics technologies of the
Department;
(iii) the requirements, approval processes,
and resources needed to enhance, as
appropriate, the testing capabilities and
capacity of other Federal Government-owned test
facilities and flight ranges, in coordination
with the heads of the relevant departments and
agencies;
(iv) investments that the Secretary can
make to incorporate academia, contractor-owned,
commercial ground and flight testbeds into the
overall hypersonic test infrastructure of the
Department of Defense; and
(v) the environmental conditions, testing
sizes, and duration required for flight
qualification of both hypersonic cruise and
hypersonic boost-glide technologies of the
Department; and
(E) address all advanced or emerging technologies
that could shorten timelines and reduce costs for
hypersonic missile testing, including with respect to--
(i) 3D printing of hypersonic test missile
components including the frame, warhead, and
propulsion systems;
(ii) reusable hypersonic test beds,
including air-sea-and ground launched options;
(iii) additive manufacturing solutions;
(iv) qualified airborne B-52 alternative
platforms to provide improved flight schedules;
and
(v) other relevant technologies.
(3) Coordination.--The Secretary shall develop the strategy
under paragraph (1) in coordination with the Joint Hypersonic
Transition Office, the Administrator of the National
Aeronautics and Space Administration, the research labs of the
military departments, and the Defense Test Resource Management
Center.
(d) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 235. INDEPENDENT REVIEW AND ASSESSMENT OF TEST AND EVALUATION
RESOURCE PLANNING.
(a) Review and Assessment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct an independent review and assessment of
the Strategic Plan for Test Resources, as prepared by the Department of
Defense Test Resource Management Center.
(b) Elements.--The review and assessment under subsection (a) shall
include the following:
(1) An assessment of the adequacy of the 30-year planning
horizon that serves as the basis for the Strategic Plan for
Test Resources.
(2) An assessment of whether and to what extent prior
forecasts of the test and evaluation needs of the Department of
Defense align with investments made by the Department in test
and evaluation resources.
(3) An identification and assessment of--
(A) any shortcomings in the infrastructure,
personnel, and equipment of the test and evaluation
enterprise of the Department; and
(B) any risks that the status of such enterprise
may pose with respect to the ability of the Department
to meet its current and future test and evaluation
needs.
(4) An assessment of whether and to what extent the test
and evaluation efforts of the Department sufficiently address
software-intensive, multi-domain, and continuously developed
capabilities.
(5) Such other matters as the Secretary of Defense
determines appropriate.
(c) Report Required.--Not later than 180 days after the date on
which the Secretary of Defense enters into an agreement with a
federally funded research and development center under subsection (a),
the center shall submit to the Secretary and the congressional defense
committees a report on the results of the study conducted under such
subsection.
SEC. 236. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING SOFTWARE AND
INFORMATION TECHNOLOGY.
(a) Study Required.--The Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct an independent study on the impacts, and challenges
associated with the use of software and information technology,
including potential solutions to such challenges.
(b) Elements.--The independent study conducted under subsection (a)
shall include the following:
(1) A survey of members of the Armed Forces under the
jurisdiction of a Secretary of a military department to
identify the most important software and information technology
challenges that result in lost working hours, including an
estimate of the number and cost of lost working hours for each
military department, the impact of each challenge on retention,
and the negative impact to any mission.
(2) A summary of the policy or technical challenges that
limit the ability of each Secretary of a military department to
implement needed software and information technology reforms,
based on interviews conducted with individuals who serve as
chief information officer (or an equivalent position) in a
military department.
(3) Recommendations to address the challenges described in
paragraph (1) and improve the processes through which the
Secretary provides software and information technology
Departmentwide.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, a federally funded research and development
center described in subsection (a) shall submit to the Secretary of
Defense and the congressional defense committees a report on any
independent study conducted under this section.
(d) Software and Information Technology Defined.--In this section,
the term ``software and information technology'' does not include
embedded software and information technology used for weapon systems.
SEC. 237. STUDY AND REPORT ON SUFFICIENCY OF TEST AND EVALUATION
RESOURCES FOR CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Study.--The Director of Operational Test and Evaluation of the
Department of Defense shall conduct a study of at least one major
defense acquisition program within each covered Armed Force to
determine the sufficiency of the test and evaluation resources
supporting such program.
(b) Elements.--The study under subsection (a) shall include, with
respect to each major defense acquisition program evaluated as part of
the study, the following:
(1) Identification of the test and evaluation resources
supporting the program as of the date of the study.
(2) An evaluation of whether and to what extent such
resources are sufficient to meet the needs of the program
assuming that test and evaluation resources allocated for other
purposes will not be reallocated to support the program in the
future.
(3) If the test and evaluation resources identified under
paragraph (1) are insufficient to meet the needs of the
program, an evaluation of the amount of additional funding
required to ensure the sufficiency of such resources.
(4) The amount of Government-funded, contractor-provided
test and evaluation resources that are currently provided or
are planned to be provided as part of the program of record.
(5) The future availability of any resources identified
under paragraph (4) for programs, projects, and activities
other than the major defense acquisition program evaluated as
part of the study.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Director of Operational Test and Evaluation
shall submit to the congressional defense committees a report on the
results of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the Army, the
Navy, the Marine Corps, and the Air Force.
(2) The term ``major defense acquisition program'' has the
meaning given that term in section 4201 of title 10, United
States Code.
SEC. 238. PERIODIC REPORTS ON RISK DISTRIBUTION WITHIN RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.
(a) Reports Required.--In accordance with subsection (d), the
Secretary of Defense, acting through the Under Secretary of Defense for
Research and Engineering and in consultation with the Secretaries of
the military departments, shall submit to the congressional defense
committees periodic reports on the distribution of risk across the
covered research activities of the Department of Defense.
(b) Elements.--Each report under subsection (a) shall include, with
respect to the year covered by the report, the following:
(1) A list of all covered research activities of the
Department of Defense with each such research activity
designated as either--
(A) research activity that is lower risk, such as
efforts aimed at the incremental improvement of an
existing product; or
(B) research activity that is higher risk, such as
efforts aimed at the development of new technology that
could disrupt an entire field (commonly referred to as
``disruptive technology'').
(2) An assessment of whether the distribution of covered
research activities among the risk categories described in
subparagraphs (A) and (B) of paragraph (1) is optimal for
serving the needs of the Department of Defense.
(3) Such other information as the Secretary of Defense
determines appropriate.
(c) Covered Research Activity Defined.--In this section, the term
``covered research activity'' means a program, project, or other
activity of the Department of Defense designated as budget activity 1
(basic research), budget activity 2 (applied research), or budget
activity 3 (advanced technology development), as such budget activity
classifications are set forth in volume 2B, chapter 5 of the Department
of Defense Financial Management Regulation (DOD 7000.14-R).
(d) Submittal of Reports.--
(1) In general.--The reports required under subsection (a)
shall be submitted as follows:
(A) The first such report shall be submitted by not
later than February 1, 2023.
(B) A report shall be submitted at the same time as
each of the first three reports required under section
118c(e) of title 10, United States Code, after the date
of the enactment of this Act.
(2) Termination of requirement.--No report shall be
required to be submitted under this section after the date of
the submittal of the third report under paragraph (1)(B).
SEC. 239. REVIEW AND REPORT ON OFFENSIVE HYPERSONIC WEAPONS PROGRAMS OF
THE DEPARTMENT OF DEFENSE.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the offensive hypersonic weapons programs of the
Department of Defense, including the Navy Conventional Prompt Strike
Program, the Army Long Range Hypersonic Weapon, and the Air Force Air
Launched Rapid Response Weapon.
(b) Elements.--The review under subsection (a) shall address--
(1) cost and schedule estimates for the fielding of
offensive hypersonic weapon systems, including any assumptions
that underpin such estimates;
(2) whether and to what extent the hypersonic weapon
systems are expect to fully achieve the requirements originally
established for such systems;
(3) the technological and manufacturing maturity of the
critical technologies and materials planned for the systems;
and
(4) whether and to what extent the Department has pursued
alternatives to the critical technologies identified under
paragraph (3).
(c) Initial Briefing.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall provide to the
congressional defense committees a briefing on the initial results of
the review conducted under subsection (a).
(d) Final Report.--Following the briefing under subsection (c), on
a date mutually agreed upon by the Comptroller General and the
congressional defense committees, the Comptroller General shall submit
to the committees a report on the final results of the review conducted
under subsection (a).
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF THE
ELECTRONIC PROVING GROUNDS TESTING RANGE.
(a) Findings.--Congress finds the following:
(1) The Electronic Proving Grounds located at Fort
Huachuca, Arizona is unique within the Department of Defense
because of its naturally quiet electromagnetic environment, its
specialized facilities, its close relationship with the Army
training community, and its access to the expansive real-estate
of southern Arizona.
(2) The Electronic Proving Grounds has access to 70,000
acres at Ft. Huachuca, 23,000 acres on Wilcox Dry Lake, more
than 100,000 acres at Gila Bend, and with prior coordination,
approximately 62 million acres of Federal and State-owned land.
(3) Live electronic warfare training is not possible at the
majority of military installations in the continental United
States including the National Training Center.
(4) The Electronic Proving Grounds has the capacity to
handle additional testing as well as the capability for
realistic electronic warfare training
(b) Report Required.--Not later than February 1, 2023, the
Secretary of the Army shall submit to the congressional defense
committees a report on the Electronic Proving Grounds testing range
located at Fort Huachuca, Arizona.
(c) Elements.--The report under subsection (b) shall address--
(1) the amount and types of testing activities conducted at
the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional
testing activities;
(4) the possibility of using the range for the testing
activities of other Armed Forces, Federal agencies, and
domestic companies;
(5) the capacity of the range to be used for realistic
electronic warfare training;
(6) electronic warfare training restrictions at domestic
military installations generally; and
(7) the feasibility and advisability of providing a
dedicated training area for electronic warfare units.
(d) Coordination.--In preparing the report under subsection (b),
the Secretary of the Army shall coordinate with the following:
(1) The Director of Operational Test and Evaluation of the
Department of Defense.
(2) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. SENSE OF CONGRESS ON THE ADDITIVE MANUFACTURING AND MACHINE
LEARNING INITIATIVE OF THE ARMY.
It is the sense of Congress that--
(1) the additive manufacturing and machine learning
initiative of the Army has the potential to accelerate the
ability to deploy additive manufacturing capabilities in
expeditionary settings and strengthen the United States defense
industrial supply chain; and
(2) Congress and the Department of Defense should continue
to support the additive manufacturing and machine learning
initiative of the Army.
SEC. 242. FUNDING FOR ROBOTICS SUPPLY CHAIN RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Defense-
Wide, as specified in the corresponding funding table in section 4201,
for Defense Wide Manufacturing Science and Technology Program, Line
054, is hereby increased by $15,000,000, for Robotics Supply Chain
Research.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Army, as specified in the corresponding funding table
in section 4201, for Integrated Personnel and Pay System Army, Line
123, is hereby reduced by $15,000,000.
SEC. 243. FUNDING FOR ENTERPRISE DIGITAL TRANSFORMATION WITH COMMERCIAL
PHYSICS SIMULATION.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Air Force,
as specified in the corresponding funding table in section 4201, for
the Department of the Air Force Tech Architecture, Line 040, is hereby
increased by $9,000,000, for Enterprise Digital Transformation with
Commercial Physics Simulation.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for Research, Development, Test, and Evaluation, Air Force,
as specified in the corresponding funding table in section 4201, for
Stand-In Attack Weapon, Line 096, is hereby reduced by $9,000,000.
SEC. 244. REPORT ON NATIONAL SECURITY APPLICATIONS FOR FUSION ENERGY
TECHNOLOGY.
(a) Report Required.--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 potential national
security applications for fusion energy technology.
(b) Elements.--The report under subsection (a) shall include--
(1) an evaluation of commercial fusion energy technologies
under development by private sector companies in the United
States to determine if any such technologies have potential
national security applications;
(2) consideration of commercial fusion energy
technologies--
(A) that have met relevant technical milestones:
(B) that are supported by substantial private
sector financing;
(C) that meet applicable requirements of the
Department of Defense; and
(D) for which prototypes have been constructed;
(3) a timeline for the potential implementation of fusion
energy in the Department;
(4) a description of any major challenges to such
implementation; and
(5) recommendations to the ensure the effectiveness of such
implementation.
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.
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance for Army, base operations
support, line 110, as specified in the corresponding funding table in
section 4301, is hereby increased by $20,000,000, for the purpose of
Army Community Services.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Army, as specified in the
corresponding funding table in section 4301, for Army Administration,
line 450, is hereby reduced by $10,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, Army, as specified in the
corresponding funding table in section 4301, for Army Other Service
Support, line 490, is hereby reduced by $10,000,000.
Subtitle B--Energy and Environment
SEC. 311. EQUIVALENT AUTHORITY FOR ENVIRONMENTAL RESTORATION PROJECTS
AT NATIONAL GUARD TRAINING SITES.
(a) Clarification of National Guard Training Sites.--Section 2700
of title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(4) The term `National Guard training site' means a
facility or site when used for the training of the National
Guard pursuant to chapter 5 of title 32 with funds provided by
the Secretary of Defense or the Secretary of a military
department, without regard to--
``(A) the owner or operator of the facility or
site; or
``(B) whether the facility or site is under the
jurisdiction of the Department of Defense or a military
department.''.
(b) Inclusion Under Defense Environmental Restoration Program.--
Section 2701(a)(1) of such title is amended by inserting ``and at
National Guard training sites'' after ``at facilities under the
jurisdiction of the Secretary''.
(c) Response Actions at National Guard Training Sites.--Section
2701(c)(1) of such title is amended by adding at the end the following
new subparagraph:
``(D) Each facility or site which was a National
Guard training site at the time of actions leading to
contamination by hazardous substances or pollutants or
contaminants.''.
(d) Technical and Conforming Amendments.--
(1) Repeal of provision.--Section 2707 of such title is
amended by striking subsection (e).
(2) Reference update.--Section 345(f)(1) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking
``facility where military activities are conducted by the
National Guard of a State pursuant to section 2707(e) of title
10, United States Code'' and inserting ``National Guard
training site, as such term is defined in section 2700 of title
10, United States Code''.
SEC. 312. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO
EXTREME WEATHER.
Section 328(a) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 10 U.S.C. 221 note) is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) a calculation of the annual costs to the Department
for assistance provided to--
``(A) the Federal Emergency Management Agency or
Federal land management agencies--
``(i) pursuant to requests for such
assistance; and
``(ii) approved under the National
Interagency Fire Center; and
``(B) any State, Territory, or possession under
title 10 or title 32, United States Code, regarding
extreme weather.''.
SEC. 313. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY RESILIENCE AT
CERTAIN MILITARY INSTALLATIONS.
(a) In General.--Each Secretary of a military department shall
ensure that covered prototype and demonstration projects are conducted
at each military installation designated by that Secretary as an
``Energy Resilience Testbed'' pursuant to subsection (b).
(b) Selection of Military Installations.--
(1) Selection.--Not later than 180 days after the date of
the enactment of this Act, each Secretary of a military
department, in consultation with the Secretary of the Defense,
shall--
(A) select at least two military installations
under the jurisdiction of that Secretary for
designation pursuant to paragraph (3); and
(B) incorporate the conduct of covered prototype
and demonstration projects into the mission of each
installation so selected.
(2) Considerations.--In selecting military installations
under paragraph (1), each Secretary of a military department
shall, to the extent practicable, take into consideration the
following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and
of the community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) Any State or local regulations that apply with
respect to public or private utilities serving the
installation.
(E) An assessment of any climate or extreme weather
risks or vulnerabilities at the installation and the
community surrounding the installation.
(3) Designation as energy resilience testbed.--Each
installation selected under paragraph (1) shall be known as an
``Energy Resilience Testbed''.
(c) Covered Technologies.--Covered prototype and demonstration
projects conducted at military installations designated pursuant to
subsection (b) shall include the prototype and demonstration of
technologies in the following areas:
(1) Energy storage technologies, including long-duration
energy storage systems.
(2) Technologies that support electric vehicles or the
transition to use of electric vehicles, including with respect
to tactical vehicles.
(3) Technologies to improve building energy efficiency in a
cyber-secure manner, such as advanced lighting controls, high-
performance cooling systems, and technologies for waste heat
recovery.
(4) Technologies to improve building energy management and
control in a cyber-secure manner.
(5) Tools and processes for design, assessment, and
decision-making on the installation with respect to climate
resilience and hazard analysis, energy use, management, and the
construction of climate resilient buildings and infrastructure.
(6) Carbon sequestration technologies.
(7) Technologies relating to on-site resilient energy
generation, including advanced geothermal and advanced nuclear
technologies.
(8) Port electrification and surrounding defense critical
infrastructure and related non-Federal infrastructure,
including surrounding defense community infrastructure.
(9) Tidal and wave power technologies.
(10) Distributed leger technologies.
(d) Briefing.--Not later than 180 days after the enactment of this
Act, the Secretary of Defense, in consultation with the Secretaries of
the military departments, shall provide to the appropriate
congressional committees a briefing on the conduct of covered prototype
and demonstration projects at each military installation designated
pursuant to subsection (b). Such briefing shall include the following:
(1) An identification of each military installation so
designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects
at each military installation so designated by not later than
one year after the date of the enactment of this Act.
(e) Deadline for Commencement of Projects.--The Secretary of
Defense shall ensure that, beginning not later than one year after the
date of the enactment of this Act, covered prototype and demonstration
projects are conducted at, and such conduct is incorporated into the
mission of, each military installation designated pursuant to
subsection (b).
(f) Consortiums.--
(1) In general.--Each Secretary of a military department
may enter into a partnership with, or seek to establish, a
consortium of industry, academia, and other entities described
in paragraph (2) to conduct covered prototype and demonstration
projects at a military installation designated by that
Secretary pursuant to subsection (b).
(2) Consortium entities.--The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which
relates to energy and climate security technologies and
business models.
(g) Authorities.--
(1) In general.--Covered prototype and demonstration
projects required under this section may be conducted as part
of the program for operational energy prototyping established
under section 324(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116-283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including by
using funds available under the Operational Energy Prototyping
Fund established pursuant to such section), using the other
transactions authority under section 4021 or 4022 of title 10,
United States Code, or using any other available authority or
funding source the Secretary of Defense determines appropriate.
(2) Follow-on production contracts or transactions.--Each
Secretary of a military department shall ensure that, to the
extent practicable, any transaction entered into under the
other transactions authority under section 4022 of title 10,
United States Code, for the conduct of a covered prototype and
demonstration project under this section shall provide for the
award of a follow-on production contract or transaction
pursuant to subsection (f) of such section 4022.
(h) Interagency Collaboration.--In carrying out this section, to
the extent practicable, the Secretary of Defense shall collaborate with
the Secretary of Energy and the heads of such other Federal departments
and agencies as the Secretary of Defense may determine appropriate,
including by entering into relevant memoranda of understanding.
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate.
(2) The term ``community infrastructure'' has the meaning
given that term in section 2391(e) of tile 10, United States
Code.
(3) The term ``covered prototype and demonstration
project'' means a project to prototype and demonstrate advanced
technologies to enhance energy resilience and climate security
at a military installation.
(4) The term ``military installation'' has the meaning
given that term in section 2867 of title 10, United States
Code.
SEC. 314. PILOT PROGRAM FOR TRANSITION OF CERTAIN NONTACTICAL VEHICLE
FLEETS OF DEPARTMENT OF DEFENSE TO ELECTRIC VEHICLES.
(a) In General.--The Secretary of Defense, in coordination with the
Secretaries of the military departments, and in consultation with the
Secretary of Energy, shall carry out a pilot program to facilitate the
transition of nontactical vehicle fleets of the Department of Defense
at certain military installations and distribution centers of the
Defense Logistics Agency to nontactical vehicle fleets comprised solely
of electric vehicles, including through the maintenance on the
installations or centers, as the case may be, of charging stations,
microgrids, and other covered infrastructure sufficient to cover the
energy demand of such fleets.
(b) Selection of Military Installations and Distribution Centers.--
(1) Selection of military installations.--Not later than
180 days after the date of the enactment of this Act, each
Secretary of a military department shall--
(A) select at least one military installation of
each Armed Force under the jurisdiction of that
Secretary at which to carry out the pilot program under
subsection (a); and
(B) submit to the Committees on Armed Services of
the House of Representatives and the Senate a
notification containing an identification of each such
selected installation.
(2) Priority.--In selecting military installations under
paragraph (1), each Secretary of a military department shall
give priority to the following:
(A) Military installations with existing third-
party financed, installed, operated, and maintained
charging stations on the installation.
(B) Military installations with other existing
covered infrastructure, including charging stations
under ownership methods other than those specified in
subparagraph (A), on the installation.
(C) Military installations located in a geographic
region with existing covered infrastructure, including
charging stations, proximate to the installation.
(D) Military installations with respect to which
the Secretary determines the future inclusion on the
installation of charging stations and other covered
infrastructure is feasible and cost effective given the
anticipated need for charging stations to service
electric vehicles in the nontactical vehicle fleet at
the installation (including those with respect to which
the Secretary determines there may be an opportunity to
enter into a contract for the third-party charging
stations specified in subparagraph (A)).
(E) Military installations at which a project
authorized under section 2914 of title 10, United
States Code, (known as the Energy Resilience and
Conservation Investment Program) and determined by the
Secretary to be relevant to the pilot program has been
conducted or is planned to be conducted pursuant to the
future-years defense program submitted under section
221 of such title.
(3) Considerations.--In determining whether a military
installation should receive priority pursuant to paragraph
(2)(D), each Secretary of a military department shall take into
account the following:
(A) A calculation of existing loads at the
installation and the existing capacity of the
installation for the charging of electric vehicles,
including (as applicable) light duty trucks.
(B) The availability of adequate space for vehicles
awaiting charging during peak usage times, as
determined by the Secretary.
(C) Any required upgrades to covered infrastructure
on the installation, including electrical wiring,
anticipated by the Secretary.
(4) Selection of distribution centers.--
(A) Selection.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Defense Logistics Agency shall select at least one
distribution center of the Defense Logistics Agency at
which to carry out the pilot program under subsection
(a) and submit to the Committees on Armed Services of
the House of Representatives and notification
containing an identification of any such selected
distribution center.
(B) Priority.--In selecting a distribution center
under subparagraph (A), the Director of the Defense
Logistics Agency shall apply the same priorities as the
Secretaries of the military departments apply with
respect to the selection of a military installation
under paragraph (2) (including by taking into account
the same considerations specified in paragraph (3)),
except that, in addition to the priorities specified in
paragraph (2), the Director shall also give priority to
the following:
(i) Distribution centers with significant
on-center use by vehicles of class 3 or
heavier, as determined pursuant to table II of
section 565.15 of title 49, Code of Federal
Regulations.
(ii) Distribution centers at which there
is, or are plans to develop, renewable energy
resource generation.
(c) Transition Plans.--
(1) Military installations.--Not later than one year after
the date on which a Secretary of a military department submits
a notification identifying a military installation under
subsection (b)(1), that Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a plan for--
(A) the replacement of all vehicles in the
nontactical vehicle fleet at the military installation
with electric vehicles by January 1, 2025; and
(B) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient--
(i) to cover the anticipated electricity
demand of such electric vehicles; and
(ii) to improve installation energy
resilience.
(2) Elements.--Each plan under paragraph (1) shall include,
with respect to the military installation covered by the plan,
the following:
(A) A determination of the type and number of
charging stations to include on the installation,
taking into account the interoperability of chargers
and the potential future needs or applications for
chargers, such as vehicle-to-grid or vehicle-to-
building applications.
(B) A determination of the optimal ownership method
to provide charging stations on the installation,
taking into account the following:
(i) Use of Government-owned (purchased,
installed, and maintained) charging stations.
(ii) Use of third-party financed,
installed, operated, and maintained charging
stations.
(iii) Use of financing models in which
energy and charging infrastructure operations
and maintenance are treated as a service.
(iv) Cyber and physical security
considerations and best practices associated
with different ownership, network, and control
models.
(C) A determination of the optimal power source to
provide charging stations at the installation, taking
into account the following:
(i) Transformer and substation
requirements.
(ii) Microgrids and distributed energy to
support both charging requirements and energy
storage.
(3) Source of services.--Each Secretary of a military
department may use expertise within the military department or
enter into a contract with a non-Department of Defense entity
to make the determinations specified in paragraph (2).
(4) Distribution centers.--Not later than one year after
the date on which the Director of the Defense Logistics Agency
submits a notification identifying a distribution center under
subsection (b)(1), the Director shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a plan specified in paragraph (1) with respect to the
distribution center. Such plan shall include, with respect to
the distribution center, each of the same elements required
under paragraph (2) for a military installation, and the
Director may use expertise to the same extent and in the same
manner specified in paragraph (3).
(d) Final Deadline for Replacement.--Beginning not later than
January 1, 2025, all vehicles in the nontactical vehicle fleet at each
military installation or distribution center selected under subsection
(b) shall be electric vehicles.
(e) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``military departments''
have the meanings given those terms in section 101 of title 10,
United States Code.
(2) The term ``charging station'' means a collection of one
or more electric vehicle supply equipment units.
(3) The term ``covered infrastructure''--
(A) means infrastructure that the Secretary of
Defense determines may be used to--
(i) charge electric vehicles, including by
transmitting electricity to such vehicles
directly; or
(ii) support the charging of electric
vehicles, including by supporting the
resilience of grids or other systems for
delivering energy to such vehicles (such as
through the mitigation of grid stress); and
(B) includes--
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the
specific purpose of delivering energy to an
electric vehicle or to a battery intended to be
used in an electric vehicle, including wireless
charging technologies.
(4) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can
use either gasoline or electricity as a fuel source;
and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(5) The term ``electric vehicle supply equipment unit''
means the port that supplies electricity to one vehicle at a
time.
(6) The term ``microgrid'' means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
(8) The term ``nontactical vehicle'' means a vehicle other
than a tactical vehicle.
(9) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design
motor vehicle modified to military specification, to provide
direct transportation support of combat or tactical operations,
or for the training of personnel for such operations.
(10) The term ``renewable energy resources'' has the
meaning given that term in section 403 of the Renewable Energy
Resources Act of 1980 (42 U.S.C. 7372).
(11) The term ``wireless charging'' means the charging of a
battery by inductive charging or by any means in which a
battery is charged without a wire, or plug-in wire, connecting
the power source and battery.
SEC. 315. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) In General.--The Secretary of Defense shall conduct a pilot
program at two or more geographically diverse Department of Defense
facilities for the use of sustainable aviation fuel. Such program shall
be designed to--
(1) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department of Defense;
and
(2) explore opportunities for collaboration with nearby
commercial airports and sustainable aviation fuel refinery
facilities to facilitate such use.
(b) Selection of Facilities.--
(1) Selection.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select at least two geographically diverse Department
facilities at which to carry out the pilot program. At least
one such facility shall be a facility with an onsite refinery
that is located in proximity to at least one major commercial
airport that is also actively seeking to increase the use of
sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to the
Committee on Armed Services and the Committee on Transportation
and Infrastructure of the House of Representatives notice of
the selection, including an identification of the facility
selected.
(c) Certification and Use of Blended 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 certification program under which
aviation fuel must be certified as blended to contain
at least 10 percent sustainable aviation fuel as a
requirement for use of the aviation fuel at the
facility (in addition to any other fuel certification
requirement of the Department of Defense or the Armed
Forces);
(B) submit the plan to the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) provide to such Committees a briefing on the
plan that includes, at a minimum--
(i) a description of any operational,
infrastructure, or logistical requirements and
recommendations for the blending,
certification, 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 has been certified as
blended to contain at least 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
non-food 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 requirement for the
exclusive use at the facility of aviation fuel that has been certified
as blended to contain at least 10 percent sustainable aviation fuel
under the pilot program if the Secretary--
(1) 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.--At the conclusion of the pilot program, the
Assistant Secretary of Defense for Energy, Installations, and
Environment shall submit to the Committee on Armed Services and the
Committee on Transportation and Infrastructure of the House of
Representatives a final report on the pilot program. Such report shall
include each of the following:
(1) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(2) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending,
certification, and use of sustainable aviation fuel, with a
focus on scaling up military-wide adoption of such fuel.
(3) Recommendations with respect to how military
installations can leverage proximity to commercial airports and
other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative financing
or purchasing and shared supply chain infrastructure.
(4) A description of the effects on performance and
operation aircraft using sustainable aviation fuel including--
(A) if used, considerations of various blending
ratios and their associated benefits;
(B) efficiency and distance improvements of flights
fuels using sustainable aviation fuel;
(C) weight savings on large transportation aircraft
and other types of aircraft with using blended fuel
with higher concentrations of sustainable aviation
fuel;
(D) maintenance benefits of using sustainable
aviation fuel, including engine longevity;
(E) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(F) the effect of the use of sustainable aviation
fuel on the environment and on surrounding communities,
including environmental justice factors that are
created by the demand for and use of sustainable
aviation fuel by the Department of Defense; and
(G) 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--
(A) ASTM International Standard D7566 (or such
successor standard); or
(B) the co-processing provisions of ASTM
International Standard D1655, Annex A1 (or such
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;
(4) is not derived from palm fatty acid distillates; and
(5) conforms to the standards, recommended practices,
requirements and criteria, supporting documents, implementation
elements, and any other technical guidance, for sustainable
aviation fuels that are adopted by the International Civil
Aviation Organization with the agreement of the United States.
SEC. 316. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED BATTERIES
THROUGH RECYCLING.
(a) Policy Required.--Not later than one year after the date of the
enactment of this Act, the Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the Director of
the Defense Logistics Agency, shall establish a policy to increase the
disposition of spent advanced batteries of the Department of Defense
through recycling (including by updating the Department of Defense
Manual 4160.21, titled ``Defense Material Disposition: Disposal
Guidance and Procedures'', or such successor document, accordingly),
for the purpose of supporting the reclamation and return of precious
metals, rare earth metals, and elements of strategic importance (such
as cobalt and lithium) into the supply chain or strategic reserves of
the United States.
(b) Considerations.--In developing the policy under subsection (a),
the Assistant Secretary shall consider, at a minimum, the following
recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 317. GUIDANCE AND TARGET DEADLINE RELATING TO FORMERLY USED
DEFENSE SITES PROGRAMS.
(a) Guidance Relating to Site Prioritization.--The Assistant
Secretary of Defense for Energy, Installations, and Environment shall
issue guidance setting forth how, in prioritizing sites for activities
funded under the ``Environmental Restoration Account, Formerly Used
Defense Sites'' account established under section 2703(a)(5) of title
10, United States Code, the Assistant Secretary shall weigh the
relative risk or other factors between Installation Restoration Program
sites and Military Munitions Response Program sites.
(b) Target Deadline for Military Munitions Response Program.--The
Assistant Secretary of Defense for Energy, Installations, and
Environment shall establish a target deadline for the completion of the
cleanup of all Military Munitions Response Program sites.
SEC. 318. BUDGET INFORMATION FOR ALTERNATIVES TO BURN PITS.
The Secretary of Defense shall include in the budget materials
submitted to Congress in support of the Department of Defense budget
for fiscal year 2024 (as submitted with the budget of the President for
such fiscal year under section 1105(a) of title 31, United States Code)
a dedicated budget line item for incinerators and waste-to-energy waste
disposal alternatives to burn pits.
SEC. 319. PROGRAM TO TRACK AND REDUCE SCOPE 3 EMISSIONS AND ENERGY
COSTS.
(a) Program Authorized.--The Secretary of Defense shall establish a
program, to be known as the ``Scope 3 Emissions Reduction Program'',
under which the Secretary shall use innovative software to--
(1) establish full accountability with respect to the Scope
3 greenhouse gas emissions in the supply chain of the
Department of Defense; and
(2) produce actionable data to reduce emissions and save
energy costs.
(b) Goals of the Program.--The goals of the Scope 3 Emissions
Reduction Program are--
(1) to prove emerging technologies, methodologies, and
capabilities to effectively track and compile transparent and
reliable scope 3 emissions data and energy costs in real time;
(2) to produce actionable emissions and climate data; and
(3) to increase efficiencies and reduce costs.
SEC. 320. REQUIREMENT TO INCLUDE INFORMATION RELATING TO ELECTRIC
VEHICLE CHARGING IN CERTAIN MILITARY CONSTRUCTION PROJECT
PROPOSALS.
(a) Requirement.--As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a military
construction project for a facility that includes (or is planned to
include) parking for covered motor vehicles, the Secretary concerned
shall include the following:
(1) A proposal for the provision of charging stations and
other covered infrastructure sufficient to cover the
anticipated electricity demand of the electric charging,
concurrently, for not less than 15 percent of all covered motor
vehicles planned to be parked at the facility.
(2) The cost of constructing such stations and
infrastructure in the overall cost of the project.
(3) An analysis of whether a parking structure or lot will
be the primary charging area for covered motor vehicles or if
another area, such as public works or the motor pool, will be
the primary charging area.
(b) Applicability.--The requirement under subsection (a) shall
apply with respect to military construction projects for which a
Department of Defense Form 1391 is submitted to the appropriate
committees of Congress beginning on or after the date of the enactment
of this Act.
(c) Definitions.--In this section:
(1) The terms ``charging station'' and ``covered
infrastructure'' have the meanings given those terms in section
314(e).
(2) The term ``covered motor vehicle'' means a Federal
Government motor vehicle, including a motor vehicle leased by
the Federal Government.
(3) The term ``Defense Agency'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(4) The term ``Secretary concerned'' means--
(A) the Secretary of a military department, with
respect to facilities under the jurisdiction of that
Secretary; and
(B) the Secretary of Defense, with respect to
matters concerning--
(i) facilities of the Defense Agencies; or
(ii) facilities of a reserve component
owned by a State rather than the United States.
SEC. 321. SENSE OF CONGRESS REGARDING ELECTRIC OR ZERO-EMISSION
VEHICLES FOR NON-COMBAT VEHICLE FLEET.
It is the sense of Congress that any new non-tactical Federal
vehicle purchased by the Department of Defense for use outside of
combat should, to the greatest extent practicable, be an electric or
zero-emission vehicles.
SEC. 322. STUDY ON ENVIRONMENTAL CONTAMINATION AND CLEANUP ASSOCIATED
WITH THORIUM-230 AND RELATED SUBSTANCES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall submit to the congressional defense committees
a report containing the results of a study on the environmental
contamination and associated remediation efforts at sites in the United
States where weapons containing Thorium-230 were developed,
transported, stored, or otherwise used.
(b) Elements.-- The report required under subsection (a) shall
include the following:
(1) A list of sites with known or suspected Thorium-230
contamination due to weapons development, transportation or
storage, or waste disposal.
(2) A discussion of the current characterization of each
such site as a formerly used defense site, a site subject to a
Base Realignment and Closure action, an active site, or other
type of site.
(3) A specific discussion of the area surrounding Coldwater
Creek in Saint Louis, Missouri.
(4) The status of each site identified under paragraph (1)
including--
(A) any environmental remediation that has been
completed or is underway at the site, including
contamination levels, if known;
(B) any significant illness cluster associated with
the geographic proximity of the site;
(5) A detailed plan for any necessary environmental
remediation as well as site prioritization associated with the
sites identified under paragraph (1).
SEC. 323. DESTRUCTION OF MATERIALS CONTAINING PFAS WITH TECHNOLOGIES
NOT REQUIRING INCINERATION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committees a
report on the progress of the Department of Defense in implementing on-
site PFAS destruction technologies not requiring incineration. The
report shall include the following:
(1) A list of technologies that modify the characteristics
of the waste such that it is no longer classified as hazardous
waste and can be disposed of through more cost-effective mixed
waste protocols.
(2) An identification of any such technologies that have
undergone, are undergoing, or will undergo testing by the
Environmental Security Technology Certification Program and the
status of such testing.
(3) The results of any such testing.
(b) Guidance.--Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall prescribe guidance on best practices and
preferred methods for destruction and disposal of PFAS wastes with an
emphasis on alternatives to incineration.
(c) Extension of Moratorium.--The Secretary of Defense shall
prohibit the incineration of covered materials under section 343 of the
National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 2701
note) until the date on which the Secretary prescribes the guidance
required under subsection (b).
SEC. 324. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT ON
MILITARY INSTALLATIONS.
(a) Installation Analysis.--At the direction of the Secretary of
Defense, the commander of each large military installation (as
determined by the Secretary) shall conduct an analysis of--
(1) how the effect known as the ``heat island effect''
exacerbates summer heat conditions and necessitates the
increased use of air conditioning on the installation; and
(2) inventory on the percentage of tree cover and plant
shade trees on the property of the installation.
(b) Report.--Not later than September 30, 2023, the commander of
each large military installation shall submit to the Secretary of the
analysis conducted by the commander under subsection (a).
(c) Plan.--The Secretary shall--
(1) review the reports submitted under subsection (b);
(2) identify any installation that is a significant heat
island with large expanses of concrete or asphalt; and
(3) direct the commander of any installation so identified
to increase the tree coverage on the property of the
installation by 10 to 30 percent by not later than September
30, 2025.
(d) Heat Island Defined.--The term ``heat island'' means an area
with a high concentration of structures (such as building, roads, and
other infrastructure) that absorb and re-emit the sun's heat more than
natural landscapes such as forests or bodies of water.
SEC. 325. COMPTROLLER GENERAL REPORT ON ACCELERATION AND IMPROVEMENT OF
ENVIRONMENTAL CLEANUP OF VIEQUES AND CULEBRA, PUERTO
RICO.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report
containing the results of a study conducted by the Comptroller General
on the status of the Federal cleanup and decontamination process in the
island-municipalities of Vieques and Culebra, Puerto Rico.
(b) Contents.--The study shall include a comprehensive analysis of
the following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra.
(2) Any potential alternatives to accelerate the completion
of such efforts, including their associated costs.
(3) Any effects such alternatives might have on the public
health and safety of island residents and steps that can be
taken to mitigate risks.
(4) The views of residents of Vieques and Culebra regarding
actions that should be taken to achieve the cleanup process
more expeditiously and successfully.
(5) Any adverse health outcomes resulting from toxic matter
at the sites or cleanup procedure in and avenues to compensate
local communities for economic losses and medical costs
incurred.
(6) The economic impact that the cleanup process has had on
local residents due to restricted use of land for tourism and
other activities and avenues to compensate local communities
for economic losses.
SEC. 326. REPORT ON DEPARTMENT OF DEFENSE FLOOD MAPPING EFFORTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the flood mapping efforts of the Department of
Defense. Such report shall address--
(1) how frequently the Department updates such flood maps;
(2) the resources used to undertake flood mapping projects;
and
(3) whether, and if so, how, such maps are incorporated
into broader flood maps of the Federal Emergency Management
Agency.
SEC. 327. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR FORCE UNDERGROUND
STORAGE TANKS ON GUAM.
(a) Navy.--The Secretary of the Navy shall ensure that underground
fuel storage tanks owned by the Navy and located on Guam are checked
for leaks at least once every six months.
(b) Air Force.--The Secretary of the Air Force shall ensure that
underground fuel storage tanks owned by the Air Force and located on
Guam are checked for leaks at least once every six months.
SEC. 328. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY PERFORMANCE
GOALS AND ENERGY PERFORMANCE MASTER PLAN.
(a) Additional Special Considerations.--Section 2911(e) of title
10, United States Code, is amended by adding at the end the following
new paragraphs:
``(14) The reliability and security of energy resources in
the event of a military conflict.
``(15) The value of resourcing energy from partners and
allies of the United States.''.
(b) Report on Feasibility of Terminating Energy Procurement From
Foreign Entities of Concern.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Assistant Secretary of Defense
for Operational Energy Plans and Programs shall submit to the
appropriate congressional committees a report on the
feasibility and advisability of terminating energy procurement
by the Department of Defense from foreign entities of concern.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the reliance by the Department
of Defense on foreign entities of concern for the
procurement of energy.
(B) 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.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate.
(2) The term ``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).
SEC. 329. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF DEFENSE
RELATING TO RENEWABLE BIOMASS AND BIOGAS.
(a) Clarification of Renewable Energy Sources.--Section 2924 of
title 10, United States Code, is amended--
(1) in paragraph (6)--
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Biogas.''; and
(2) by adding at the end the following new paragraphs:
``(7) The term `biomass' has the meaning given the term
`renewable biomass' in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)), and the regulations thereunder.
``(8) The term `biogas' means biogas as such term is used
in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)), and the regulations thereunder.''.
(b) Requirement.--With respect to any energy-related activity
carried out pursuant to chapter 173 of title 10, United States Code,
biomass and biogas (as such terms are defined in section 2924 of such
title, as amended by subsection (a)) shall be considered an eligible
energy source for purposes of such activity.
Subtitle C--Red Hill Bulk Fuel Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.
(a) Deadline for Completion of Defueling.--
(1) In general.--Subject to the certification requirement
under subsection (e), the Secretary of the Navy, in cooperation
with the Director of the Defense Logistics Agency, shall
complete the defueling of the Red Hill Bulk Fuel Storage
Facility by not later than December 31, 2023.
(2) Report.--Not later than December 31, 2022, the
Secretary of the Navy shall submit to the congressional defense
committees, and make publicly available on an appropriate
website of the Department of Defense, a report on the status of
the defueling of the Red Hill Bulk Fuel Storage Facility.
(b) Compliance With Applicable Laws.--The Secretary of the Navy, in
coordination with the Administrator of the Environmental Protection
Agency and the State of Hawaii, shall plan for and implement the
defueling of the Red Hill Bulk Fuel Facility in a manner that complies
with all applicable laws.
(c) Mitigation Plan.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall make
publicly available an unclassified report containing the plan
of the Secretary for actions to be taken to mitigate the
impacts caused by releases at the Red Hill Bulk Fuel Storage
Facility, together with cost estimates for such actions.
(2) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Navy shall
provide to the congressional defense committees a briefing on
the actions and cost estimates included in the plan required
under paragraph (1).
(d) Oversight Requirements.--
(1) Review.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with an appropriate independent entity
under which the entity agrees to conduct a review of the
defueling process for the Red Hill Bulk Fuel Storage Facility.
(2) Reporting requirements.--An agreement entered into
under paragraph (1) shall provide that the non-Department of
Defense entity shall produce and make publicly available, by
not later than 30 days after the completion of the defueling of
the Red Hill Bulk Fuel Storage Facility, an unclassified report
on the defueling process.
(e) Certification Requirement.--The Secretary of the Navy may not
begin the process of defueling the Red Hill Bulk Storage Facility
before the date on which the Secretary of Defense submits to the
congressional defense committees certification that such defueling
would not adversely affect the ability of the Department of Defense to
provide fuel to support military operations in the area of
responsibility of the United States Indo-Pacific Command.
(f) Waiver.--
(1) In general.--The Secretary of Defense may waive the
deadline under subsection (a)(1) for a period of not more than
180 days if the Secretary submits to the congressional defense
committees certification in writing that--
(A) the Red Hill Bulk Fuel Storage Facility cannot
be defueled safely and in an environmentally sound
manner before the deadline; or
(B) the State of Hawaii Department of Health
objects to the defueling of the Facility.
(2) Extensions.--The Secretary may extend a waiver issued
under paragraph (1) if the Secretary submits to the
congressional defense committees an additional certification
described in paragraph (1) and a justification for the
extension of the waiver.
SEC. 332. ACTIVITIES PRIOR TO DECOMMISSIONING OF RED HILL BULK STORAGE
FACILITY.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2023 may be obligated or expended to permanently close the
Red Hill Bulk Fuel Storage Facility until the date that is one year
after the date on which the Secretary of Defense, in consultation with
the Commander of United States Indo-Pacific Command, submits to the
congressional defense committees--
(1) the report required under subsection (b); and
(2) certification that--
(A) a fuel capacity that is equivalent to the
capacity provided by the Red Hill Bulk Fuel Storage
Facility has been added to the fuel capacity of United
States Indo-Pacific Command; and
(B) the bulk fuel requirements of United States
Indo-Pacific Command have been fully programmed for
funding in the five fiscal years following the year in
which the certification is submitted.
(b) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Defense shall
submit to the congressional defense committees a report on the
costs associated with replacing the Red Hill Bulk Fuel Storage
Facility.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) Detailed plans for how the Department of
Defense will replicate the aggregate bulk fuel storage
capacity of the Red Hill Bulk Fuel Storage Facility
throughout the Indo-Pacific region, including on United
States territories and possessions, as appropriate, in
both steady state and in a major conflict lasting not
less than 180 days, including through the use of--
(i) fleet oilers;
(ii) fuel bladders;
(iii) above ground storage facilities; and
(iv) hardened storage facilities.
(B) An identification of--
(i) any additional costs to the Department
of acquiring or building the assets planned to
replicate such fuel storage capacity and of
obtaining any required environmental approvals
to operate such assets; and
(ii) the timelines associated with
acquiring or building such assets and obtaining
such approvals.
(C) An analysis of the relative survivability,
reliability, risks, and any advantages associated with
the assets planned to replicate such fuel storage
capacity, including any changes necessary for the
operational plans of the Department compared to such
operational plans as in effect when the Red Hill Bulk
Fuel Storage Facility was operational.
(D) An identification of the cost to the Department
of maintaining the Red Hill Bulk Fuel Storage Facility
in an empty but rapidly reconstitutable state.
(E) Any other matters the Secretary of the Defense
considers relevant.
(c) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of the Secretary of Defense or the
Secretary of the Navy to conduct any of the following at Red Hill Bulk
Fuel Storage Facility:
(1) Defueling activities.
(2) Remedial investigations.
(3) Site or safety inspections.
(4) Feasibility studies.
(5) Safety related repairs.
(6) Monitoring.
(7) Transferring of fuel.
(8) Maintenance and sustainment activities.
SEC. 333. LIMITATION ON USE OF FUNDS PENDING AWARD OF CERTAIN PROJECTS
AND IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for operations and maintenance,
Navy, Administration line item, Line 440, not more than 25 percent may
be obligated or expended until the date on which the Secretary of the
Navy certifies to the congressional defense committees that the Navy
has awarded the projects listed within Chapter 8.1.1, Table 8-1, and
implemented the recommendation listed as D1 within Appendix A.1 and
Appendix A.2, of the document prepared by Simpson Gumpertz & Heger Inc,
entitled ``Final Assessment Report: Assessment of Red Hill Underground
Fuel Storage Facility Pearl Harbor, Hawaii'' and dated April 29, 2022.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO RED
HILL BULK FUEL FACILITY.
(a) In General.--Not later than April 1, 2023, the Secretary of
Defense, in coordination with the Director of the United States
Geological Survey and the Administrator of the Environmental Protection
Agency, shall submit to the congressional defense committees a report
on the placement of sentinel or monitoring wells in proximity to the
Red Hill Bulk Fuel Facility for the purpose of monitoring and tracking
the movement of fuel that has escaped the Facility. Such report shall
include--
(1) the number and location of new wells that have been
established during the 12-month period preceding the date of
the submission of the report;
(2) an identification of the wells proposed to be
established by the aquifer recovery working group;
(3) an analysis of the need for any wells not recommended
by the aquifer recovery working group;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on--
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in
monitoring and tracking the movement of fuel toward the
Halawa shaft, the Halawa Well, and the Aiea Well.
(b) Quarterly Briefings.--Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the progress of the
Department toward installing the wells described in paragraphs (2) and
(3) of subsection (a).
SEC. 335. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO TRACK HEALTH
IMPLICATIONS OF FUEL LEAKS AT RED HILL BULK FUEL
FACILITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Director of the Centers for Disease Control and Prevention and the
Administrator of the Environmental Protection Agency, shall submit to
the appropriate congressional committees a report on the efforts of the
Secretary to appropriately track the health implications of fuel leaks
from the Red Hill Bulk Fuel Facility for members of the Armed Forces
and their dependents, including members and dependents from each Armed
Force, including the Coast Guard. The report shall include each of the
following:
(1) A plan to coordinate with the Centers for Disease
Control and Prevention to align with the environmental health
assessment and monitoring efforts of the Centers.
(2) A description of any potential benefits of coordinating
and sharing data with the State of Hawaii Department of Health.
(3) An analysis of the extent to which data from the State
of Hawaii Department of Health and data from other non-
Department of Defense sources can and should be used in any
long-term health study relating to fuel leaks from the Red Hill
Bulk Fuel Facility.
(4) A description of the potential health implications of
contaminants, including fuel, found in the drinking water
distribution system at the Red Hill Bulk Fuel Facility during
testing after the fuel leaks that occurred in May and November
2021.
(5) A description of any contaminants, including fuel,
detected in the water during the 12-month period preceding the
fuel leak that occurred in November 2021.
(6) A description of any potential benefits of broadening
the tracing window to include indications of contaminants,
including fuel, in the drinking water supply at the Red Hill
Bulk Fuel Facility before May 2021.
(b) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce of the House of
Representatives; and
(3) the Committee on Energy and Natural Resources of the
Senate.
SEC. 336. STUDIES RELATING TO WATER NEEDS OF THE ARMED FORCES ON OAHU.
(a) Study on Future Water Needs of Oahu.--
(1) In general.--Not later than July 31, 2023, the
Secretary of the Defense, in coordination with the Honolulu
Board of Water Supply, shall conduct a study on how the
Department of Defense can best address the future water needs
on the island of Oahu for the Armed Forces. Such study shall
include consideration of--
(A) the construction of a new water treatment plant
or plants;
(B) the construction of a new well for use by
members of the Armed Forces and the civilian
population;
(C) the construction of a new well for the
exclusive use of members of the Armed Forces;
(D) transferring ownership and operation of
existing Department of Defense utilities to a
municipality or existing publicly owned utility;
(E) conveying the Navy utilities to the Honolulu
Board of Water Supply, with consideration; and
(F) any other water solutions the Secretary
determines appropriate.
(2) Coordination.--In carrying out the study under
paragraph (1), the Secretary shall coordinate with the State of
Hawaii, the Honolulu Board of Water Supply, the Secretary of
the Department in which the Coast Guard is operating, the
Administrator of the Environmental Protection Agency, and any
other individual or entity the Secretary determines
appropriate.
(b) Hydrological Study.--
(1) In general.--Not later than July 31, 2023, the
Secretary of Defense shall enter into an agreement with the
Administrator of the Environmental Protection Agency and the
Director of the United States Geological Survey, in
consultation with the State of Hawaii, to perform a study to
model the groundwater flow in the area surrounding the Red Hill
Bulk Fuel Storage Facility. The model shall be designed to--
(A) seek to improve the understanding of the
direction and rate of groundwater flow and dissolved
constituent migration within the aquifers around the
facility;
(B) reflect site specific data, including available
data of the heterogeneous subsurface geologic system;
and
(C) address any previously identified deficiencies
in existing groundwater flow models.
(2) Deadline for completion.--The study under paragraph (1)
shall be completed by not later than one year after the date of
the enactment of this Act.
(c) Report; Briefing.--
(1) In general.--Upon completion of the studies under
subsections (a) and (b), the Secretary shall--
(A) submit to the appropriate congressional
committees a report on the findings of the studies; and
(B) provide to such committees a briefing on such
findings.
(2) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Transportation and
Infrastructure and the Committee on Energy and Commerce
of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation and the Committee on Environment and
Public Works of the Senate.
SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL FACILITY.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center that meets the criteria specified in
paragraph (2) under which such center will conduct a study to
determine the range of feasible alternative Department of
Defense uses for the Red Hill Bulk Fuel Facility and provide to
the Secretary a report on the findings of the study. The
conduct of such study shall include--
(A) engagement with stakeholders;
(B) a review of historical alternative uses of
facilities with similar characteristics; and
(C) such other modalities as determined necessary
to appropriately identify alternative use options,
including data and information collected from various
stakeholders and through site visits to physically
inspect the facility.
(2) Criteria for ffrdc.--The federally funded research and
development center with which the Secretary seeks to enter into
an agreement under paragraph (1) shall meet the following
criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis
using a multidisciplinary approach.
(C) Demonstrated specific competencies in--
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such
facilities support missions; and
(iii) the measurement of environmental
impacts.
(D) A strong reputation for publishing publicly
releasable analysis to inform public debate.
(b) Cost-benefit Analysis.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study. Such
cost-benefit analysis shall cover each of the following for each such
alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and
maintenance costs of operating the facility, such as annual
operating costs, predicted maintenance costs, and any disposal
costs at the end of the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including
any potential employment opportunities for members of the
community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.
(7) Any additional factors determined to be relevant by the
federally funded research and development center in
consultation with the Secretary.
(c) Deadline for Completion.--An agreement entered into pursuant to
subsection (a) shall specify that the study conducted under the
agreement shall be completed by not later than February 1, 2024.
(d) Briefing.--Upon completion of a study conducted under an
agreement entered into pursuant to subsection (a), the Secretary shall
provide to the Committees on Armed Services of the Senate and House of
Representatives a briefing on the findings of the study.
(e) Public Availability.--
(1) FFRDC.--An agreement entered into pursuant to
subsection (a) shall specify that the federally funded research
and development center shall make an unclassified version of
the report provided to the Secretary publicly available on an
appropriate website of the center.
(2) Department of defense.--Upon receipt of such report,
the Secretary shall make an unclassified version of the report
publicly available on an appropriate website of the Department
of Defense.
Subtitle D--Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl
Substances
SEC. 341. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING TURNOUT GEAR.
Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283; 134 Stat. 3528; 10 U.S.C. 2661 note
prec.) is amended--
(1) in subsection (a)--
(A) by striking ``of a non-PFAS-containing'' and
inserting ``of the following:''
``(1) A non-PFAS-containing''; and
(B) by adding at the end the following new
paragraph:
``(2) Covered personal protective firefighting equipment
that does not contain an intentionally added perfluoroalkyl
substance or polyfluoroalkyl substance.''; and
(2) by amending subsection (f) to read as follows:
``(f) Definitions.--In this section:
``(1) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(2) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one non-fully fluorinated carbon atom.
``(3) The term `covered personal protective firefighting
equipment'' means the following:
``(A) Turnout gear jacket or coat.
``(B) Turnout gear pants.
``(C) Turnout coveralls.
``(D) Any other personal protective firefighting
equipment, as determined by the Secretary of Defense,
in consultation with the Administrator of the United
States Fire Administration.''.
SEC. 342. MODIFICATION TO RESTRICTION ON DEPARTMENT OF DEFENSE
PROCUREMENT OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE
SULFONATE OR PERFLUOROOCTANOIC ACID.
(a) Modification.--Section 333 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 134 Stat. 3531, 10 U.S.C. 3063 note) is amended--
(1) in the section heading, by striking ``perfluorooctane
sulfonate or perfluorooctanoic acid'' and inserting
``perfluoroalkyl substances or polyfluoroalkyl substances'';
(2) in subsection (a), by striking ``perfluorooctane
sulfonate (PFOS) or perfluorooctanoic acid (PFOA)'' and
inserting ``any perfluoroalkyl substance or polyfluoroalkyl
substance''; and
(3) by amending subsection (b) to read as follows:
``(b) Definitions.--In this section:
``(1) The term `covered item' means the following:
``(A) Nonstick cookware or food service ware for
use in galleys or dining facilities.
``(B) Food packaging materials.
``(C) Cleaning products, including floor waxes.
``(D) Carpeting.
``(E) Rugs, curtains, and upholstered furniture.
``(F) Sunscreen.
``(G) Shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance
is not necessary for an essential function.
``(2) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
``(3) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon atom
and at least one nonfluorinated carbon atom.''.
(b) Reports on Procurement of Certain Items Without Intentionally
Added Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--Not
later than 270 days after the date of the enactment of this Act, and
annually thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report containing a detailed description of the following:
(1) Steps taken to identify covered items with any
intentionally added perfluoroalkyl substance or polyfluoroalkyl
substance procured by the Department of Defense.
(2) Steps taken to identify covered items without any
intentionally added perfluoroalkyl substance or polyfluoroalkyl
substance, and the vendors of such covered items, for
procurement by the Department.
(3) Steps taken to limit the procurement by the Department
of covered items with any intentionally added perfluoroalkyl
substance or polyfluoroalkyl substance.
(4) Planned steps of the Department to limit the
procurement of items with any intentionally added
perfluoroalkyl substance or polyfluoroalkyl substance.
(c) Definitions.--In this section:
(1) The term ``covered item'' includes the following:
(A) Nonstick cookware or food service ware for use
in galleys or dining facilities.
(B) Food packaging materials.
(C) Cleaning products, including floor waxes.
(D) Carpeting.
(E) Rugs, curtains, and upholstered furniture.
(F) Sunscreen.
(G) Shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance
is not necessary for an essential function.
(H) Such other items as may be determined by the
Secretary of Defense.
(2) The terms ``perfluoroalkyl substance'' and
``polyfluoroalkyl substance'' have the meaning given such terms
in section 333 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116-
283; 134 Stat. 3531, 10 U.S.C. 3063 note), as amended by
subsection (a).
SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF DEFENSE OF
FIREFIGHTING EQUIPMENT CONTAINING PER- AND
POLYFLUOROALKYL SUBSTANCES.
(a) Prohibition on Procurement.--Except as provided in subsection
(d), beginning October 1, 2025, the Secretary of Defense may not enter
into any contract for the purchase of personal protective firefighting
equipment for use by firefighters of the Department of Defense if such
equipment contains a per- or polyfluoroalkyl substance.
(b) Implementation.--The Secretary of Defense shall include the
prohibition under subsection (a) in any contract for the purchase of
personal protective firefighting equipment for use by firefighters of
the Department of Defense.
(c) Savings Clause.--Nothing in this section shall be construed--
(1) to require the Secretary of Defense to test any piece
of covered personal protective firefighting equipment to
confirm the absence of per- and polyfluoroalkyl substances; or
(2) to affect existing inventories of personal protective
firefighting equipment.
(d) Lack of Availability.--
(1) In general.--If the Secretary of Defense determines
that equipment described in paragraph (2) is not available for
purchase by the Department of Defense, the requirement under
subsection (a) shall not apply until such date as the Secretary
determines that such equipment is available for purchase.
(2) Equipment described.--The equipment described in this
paragraph is personal protective firefighting equipment that--
(A) does not contain a per- or polyfluoroalkyl
substance;
(B) meets every applicable standard for personal
protective firefighting equipment (other than a
standard specifically relating to per- or
polyfluoroalkyl substances); and
(C) is at least as protective as current personal
protective firefighting equipment containing a per- or
polyfluoroalkyl substance.
SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO PFAS
CONTAMINATION.
(a) In General.--In conducting a response action to address
perfluoroalkyl or polyfluoroalkyl substance contamination from
Department of Defense or National Guard activities, the Secretary of
Defense shall conduct such actions to achieve a level of such
substances in the environmental media that meets or exceeds the most
stringent of the following standards for each applicable covered PFAS
substance in any environmental media:
(1) A State standard, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)), that is in effect in the State in which the
response action is being conducted, regardless of whether any
agency has made a determination under section 300.400(g) of
title 40, Code of Federal Regulations, with respect to such
standard for purposes of the response action.
(2) A Federal standard, as described in section
121(d)(2)(A)(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) The term ``covered PFAS substance'' means any of the
following:
(A) Perfluorononanoic acid (PFNA).
(B) Perfluorooctanoic acid (PFOA).
(C) Perfluorohexanoic acid (PFHxA).
(D) Perfluorooctane sulfonic acid (PFOS).
(E) Perfluorohexane sulfonate (PFHxS).
(F) Perfluorobutane sulfonic acid (PFBS).
(G) Perfluoroheptanoic acid (PFHpA).
(H) Perfluorodecanoic acid (PFDA).
(I) Fluorotelomer sulfonamide betaine.
(2) The term ``response action'' means an action taken
pursuant to section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604).
(c) Savings Clause.--Except with respect to the specific level
required to be met under subsection (a), nothing in this section
affects the application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSENTIAL; BRIEFINGS ON
DEPARTMENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PFOS OR PFOA.
(a) List of PFAS Uses Deemed Essential.--Not later than June 1,
2023, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a list of each
known use of per- or polyfluoroalkyl substances that the Secretary has
deemed an essential use for which use of a replacement substance is
impossible or impracticable. For each use so listed, the Secretary
shall--
(1) identify why the use is essential; and
(2) provide a brief explanation as to why such replacement
is impossible or impracticable, as the case may be.
(b) Annual Briefings.--Not later than 270 days after the date of
the enactment of this Act, and annually thereafter, the Secretary of
Defense shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing that includes a
description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate
(PFOS) or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department
of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the
procurement of covered items that contain PFOS or PFOA.
(c) Covered Item Defined.--In this section, the term ``covered
item'' means--
(1) nonstick cookware or cooking utensils for use in
galleys or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.
Subtitle E--Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS METRICS
AND OBJECTIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) In General.--Section 118 of title 10, United States Code, is
amended:
(1) in subsection (d)(2), by striking ``objectives'' and
inserting ``objectives, such as infrastructure, workforce, or
supply chain considerations'';
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new
subsection (e):
``(e) Funding Estimates.--Not later than five days after the date
on which the Secretary of Defense submits to Congress the materials in
support of the budget of the President for a fiscal year, the Director
of Cost Assessment and Performance Evaluation shall submit to the
congressional defense committees a comprehensive estimate of the funds
necessary to meet the materiel readiness objectives required by
subsection (c) through the period covered by the most recent future-
years defense program. At a minimum, the Director shall provide, for
each major weapon system, by designated mission design series, variant,
or class, a comprehensive estimate of the funds necessary to meet such
objectives that--
``(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
``(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance accounts
by the end of the fiscal year preceding the budget year; and
``(3) have been budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.''.
(b) Phased Implementation.--The Director of Cost Assessment and
Performance Evaluation, may meet the requirements of subsection (e) of
section 118 of title 10, United States Code, as added by subsection
(a), through a phased submission of the funding estimates required
under such subsection. In conducting a phased implementation, the
Director shall ensure that--
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which the
Secretary of Defense submits to Congress the materials in
support of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF NAVAL
VESSELS.
(a) Annual Plan.--Section 231 of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``, maintenance, and
modernization'' after ``construction'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) Annual Plan for Maintenance and Modernization of Naval
Vessels.--In addition to the plan included under subsection (a)(1), the
Secretary of Defense shall include with the defense budget materials
for a fiscal year each of the following:
``(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
``(A) A forecast of the maintenance and
modernization requirements for both the naval vessels
in the inventory of the Navy and the vessels required
to be delivered under the naval vessel construction
plan under subsection (a)(1).
``(B) A description of the initiatives of the
Secretary of the Navy to ensure that activities key to
facilitating the maintenance and modernization of naval
vessels (including with respect to increasing workforce
and industrial base capability and capacity, shipyard
level-loading, and facility improvements) receive
sufficient resourcing, and are including in appropriate
planning, to facilitate the requirements specified in
subparagraph (A).
``(2) A certification by the Secretary that both the budget
for that fiscal year and the future-years defense program
submitted to Congress in relation to such budget under section
221 of this title provide for funding for the maintenance and
modernization of naval vessels at a level that is sufficient
for such maintenance and modernization in accordance with the
plan under paragraph (1).''; and
(4) in subsection (f), as redesignated by paragraph (2), by
inserting `` and the plan and certification under subsection
(d)'' after ``subsection (a)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 9 of title 10, United States Code, is amended by striking the
item relating to section 231 and inserting the following new item:
``231. Budgeting for construction, maintenance, and modernization of
naval vessels: annual plan and
certification.''.
SEC. 353. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION LOGISTICS
ACROSS UNITED STATES INDO-PACIFIC COMMAND.
(a) Study.--Not later than the 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
to conduct a study on fuel distribution logistics in the area of
responsibility of the United States Indo-Pacific Command.
(b) Criteria for FFRDC.--The federally funded research and
development center with which the Secretary seeks to enter into an
contract under subsection (a) shall meet the following criteria, as
determined by the Secretary:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and
analysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) Elements.--The study conducted pursuant to subsection (a) shall
include, with respect to the area of responsibility of the United
States Indo-Pacific Command, the following:
(1) An evaluation of the vulnerabilities associated with
the production, refinement, and distribution of fuel by the
Armed Forces during periods of conflict and in contested
logistics environments within the area, including with respect
to the capability of the Armed Forces to sustain operational
flights by aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety of
means, including financial means, cyber means, and conventional
kinetic attacks.
(3) An assessment of any gaps in the capability or capacity
of inter- or intra-theater fuel distribution, including any
gaps relating to storage, transfer platforms, manning for
platforms, command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel
support points in the area, including with respect to
operational suitability and vulnerability to a variety of
kinetic threats.
(5) An assessment of the readiness of allies and partners
of the United States to support the supply, storage, and
distribution of fuel by the Armed Forces in the area, including
a review of any relevant security cooperation agreements
entered into between the United States and such allies and
partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(d) Report.--
(1) Submission to secretary of defense.--
(A) In general.--The Secretary of Defense shall
require, as a term of any contract entered into with a
federally funded research and development center to
conduct a study pursuant to subsection (a), that not
later than one year after the date of entering into
such contract, the federally funded research and
development center shall submit to the Secretary a
report containing the findings of the study.
(B) Form.--The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may contain a classified annex.
(2) Submission to congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the report
under paragraph (1), the Secretary shall submit to the
appropriate congressional committees a copy of such report,
submitted without change.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ``contested logistics environment'' has the
meaning given that term in section 2926 of title 10, United
States Code.
SEC. 354. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION OF FUEL
RELIANCE AND PROMOTION OF ENERGY-AWARE BEHAVIORS.
(a) Establishment.--Subchapter III of chapter 173 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2928. Programs on reduction of fuel reliance and promotion of
energy-aware behaviors
``(a) Establishment.--Each Secretary of a military department shall
establish a program for the promotion of energy-aware behaviors within
that military department and the reduction of unnecessary fuel
consumption in support of the goals under subsection (b).
``(b) Goals.--The goals of the programs established under
subsection (a) shall be as follows:
``(1) To reduce the reliance of the Department of Defense
on fossil fuels.
``(2) To decrease energy-related strategic vulnerabilities
and enhance military readiness.
``(3) To integrate sustainability features for new and
existing military installations and other facilities of the
Department.
``(c) Minimum Required Elements.--Under the program of a military
department under subsection (a), the Secretary of such military
department shall carry out, with respect to the military department,
and at a minimum, the following:
``(1) The development and implementation of a strategy for
the collection and analysis of data on fuel consumption, to
identify operational inefficiencies and enable data-driven
decision-making with respect to the reduction of fuel
consumption and fuel logistics.
``(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through--
``(A) the provision of educational and training
materials, including such materials that provide
information on the importance of operational energy
security and energy-aware behavior for military
readiness and combat capability; and
``(B) the pursuit of relevant research
opportunities with civilian institutions of higher
education and postsecondary educational institutions
within the Department of Defense.
``(3) The integration of operational energy factors into
the wargaming of the military department and other related
training activities that involve the modeling of scenarios, in
accordance with subsection (d), to provide to participants in
such activities realistic data on the risks and challenges
relating to operational energy and fuel logistics.
``(4) The implementation of data-driven operations planning
and logistics, to optimize cargo transport, streamline
operations, and reduce fuel demand and reliance within the
military department.
``(d) Wargaming Elements.--In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(4), the Secretary of the
military department shall seek to ensure that the planning, design, and
execution of such activities include--
``(1) coordination with the elements of the military
department responsible for fuel and logistics matters, to
ensure the modeling of energy demand and network risk during
such activities are accurate, taking into account shortfalls
and the direct and indirect effects of the efforts of foreign
adversaries to target fuel supply chains; and
``(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.''.
(b) Deadline for Establishment.--The programs required under
section 2928 of title 10, United States Code, as added by subsection
(a), shall be established by not later than 180 days after the date of
the enactment of this Act.
(c) Briefing.--Not later than 180 days after the date of enactment
of this Act, each Secretary of a military department shall provide to
the congressional defense committees a briefing on the establishment of
the program of the military department required under such section
2928.
Subtitle F--Matters Relating to Depots and Ammunition Production
Facilities
SEC. 361. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION FACILITY
MAINTENANCE AND REPAIR: ANNUAL REPORT.
Chapter 9 of title 10, United States Code, is amended by adding at
the end the following new section (and conforming the table of sections
at the beginning of such chapter accordingly):
``Sec. 239d. Budgeting for depot and ammunition production facility
maintenance and repair: annual report
``(a) Annual Report.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall include with
the defense budget materials for each fiscal year a report regarding
the maintenance and repair of covered facilities.
``(b) Elements.--Each report required under subsection (a) shall
include, at a minimum, the following (disaggregated by military
department):
``(1) With respect to each of the three fiscal years
preceding the fiscal year covered by the defense budget
materials with which the report is included, revenue data for
that fiscal year for the maintenance, repair, and overhaul
workload funded at all the depots of the military department.
``(2) With respect to the fiscal year covered by the
defense budget materials with which the report is included and
each of the two fiscal years prior, an identification of the
following:
``(A) The amount of appropriations budgeted for
that fiscal year for depots, further disaggregated by
the type of appropriation.
``(B) The amount budgeted for that fiscal year for
working-capital fund investments by the Secretary of
the military department for the capital budgets of the
covered depots of the military department, shown in
total and further disaggregated by whether the
investment relates to the efficiency of depot
facilities, work environment, equipment, equipment
(non-capital investment program), or processes.
``(C) The total amount required to be invested by
the Secretary of the military department for that
fiscal year for the capital budgets of covered depots
pursuant to section 2476(a) of this title.
``(D) A comparison of the budgeted amount
identified under subparagraph (B) with the total
required amount identified under subparagraph (C).
``(E) For each covered depot of the military
department, of the total required amount identified
under subparagraph (C), the percentage of such amount
allocated, or projected to be allocated, to the covered
depot for that fiscal year.
``(3) For each covered facility of the military department,
the following:
``(A) Information on the average facility
condition, average critical facility condition,
restoration and maintenance project backlog, and
average equipment age, including a description of any
changes in such metrics from previous years.
``(B) Information on the status of the
implementation at the covered facility of the plans and
strategies of the Department of Defense relating to
covered facility improvement, including, as applicable,
the implementation of the strategy required under
section 359 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat.
1323; 10 U.S.C. 2460 note).
``(c) Definitions.--In this section:
``(1) The term `ammunition production facility' means an
ammunition organic industrial base production facility.
``(2) The terms `budget' and `defense budget materials'
have the meaning given those terms in section 234 of this
title.
``(3) The term `covered depot' has the meaning given that
term in section 2476 of this title.
``(4) The term `covered facility' means a covered depot or
an ammunition production facility.''.
SEC. 362. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS FOR
UNSPECIFIED MINOR MILITARY CONSTRUCTION.
Section 2208(u)(4) of title 10, United States Code, is amended by
striking ``2023'' and inserting ``2025''.
SEC. 363. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR CERTAIN
DEPOTS.
(a) Modification.--Section 2476 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``six'' and inserting ``eight'';
and
(B) by adding at the end the following new
sentence: ``Of such total amount required to be
invested, an amount equal to not less than two percent
of such average total for the preceding three fiscal
years shall be invested from funds authorized for
Facilities Sustainment, Restoration, and Modernization
activities of the military department.''; and
(2) in subsection (b), by inserting `` including through
the rebuilding of property following the end of the economic
useful life of the property and the restoration of property or
equipment to like-new condition,'' after ``operations,'';
(3) by redesignating subsections (c) through (e) as
subsections (d) through (f); and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compliance With Certain Requirements.--In identifying amounts
to invest pursuant to the requirement under subsection (a), the
Secretary of a military department shall comply with all applicable
requirements of sections 129 and 129a of this title.''.
(b) Conforming Amendment.--Section 2861(b) of such title is amended
by striking ``subsection (e) of section 2476'' and inserting
``subsection (f) of section 2476''.
(c) Applicability.--The amendments made by subsection (a) shall
apply with respect to fiscal years beginning on or after October 1,
2023.
SEC. 364. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT ON CORE
DEPOT-LEVEL MAINTENANCE AND REPAIR.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2464(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (45).
SEC. 365. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT ON FUNDS
EXPENDED FOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE AND
REPAIR WORKLOADS.
(a) In General.--Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
1000; 10 U.S.C. 111 note) does not apply to the report required to be
submitted to Congress under section 2466(d) of title 10, United States
Code.
(b) Conforming Repeal.--Section 1061(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2401; 10 U.S.C. 111 note) is amended by striking paragraph (46).
SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND AMMUNITION
PRODUCTION FACILITY INFRASTRUCTURE.
(a) Five-year Plans Required.--Concurrent with the submission to
Congress of the budget of the President for each of fiscal years 2024,
2025, 2026, 2027, and 2028 pursuant to section 1105(a) of title 31,
United States Code, each Secretary of a military department shall
submit to the congressional defense committees a report containing a
description of the plan of that Secretary to improve depot and
ammunition production facility infrastructure during the five fiscal
years following the fiscal year for which such budget is submitted,
with the objective of ensuring that all covered facilities have the
capacity and capability to support the readiness and material
availability goals of current and future weapon systems of the
Department of Defense.
(b) Elements.--Each plan required pursuant to subsection (a) shall
include, with respect to the depots and ammunition production
facilities of the military department for which the plan is submitted,
the following:
(1) A comprehensive review of the conditions and
performance of each covered facility, including the following:
(A) An assessment of the current status of the
following elements:
(i) Cost and schedule performance of the
covered facility.
(ii) Material availability of weapon
systems supported at the covered facility and
the impact of the performance of the covered
facility on that availability.
(iii) Work in progress and non-operational
items awaiting covered facility maintenance.
(iv) The condition of the covered facility.
(v) The backlog of restoration and
modernization projects at the covered facility.
(vi) The condition of equipment at the
covered facility.
(vii) The vulnerability of the covered
facility to adverse environmental conditions
and, if necessary, the investment required to
withstand those conditions.
(B) With respect to the five-year period covered by
the plan, an identification of the major lines of
effort, milestones, and specific goals over such period
to address the elements specified in subparagraph (A)
and a description of how such goals serve the long-term
strategies of the Department of Defense relating to
covered facility improvement, including, as applicable,
the strategy required under section 359 of the National
Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 133 Stat. 1323; 10 U.S.C. 2460 note).
(2) The estimated costs of necessary depot and ammunition
production facility improvements and a description of how such
costs would be addressed by the Department of Defense budget
request submitted during the same year as the plan and the
applicable future-years defense program.
(3) Information regarding the plan of the Secretary of the
military department to initiate such environmental and
engineering studies as may be necessary to carry out planned
depot and ammunition production facility improvements.
(4) Detailed information regarding how depot improvement
projects and ammunition production facility improvement
projects will be paced and sequenced to ensure continuous
operations.
(c) Incorporation of Results-oriented Management Practices.--Each
plan required pursuant to subsection (a) shall incorporate the leading
results-oriented management practices identified in the report of the
Comptroller General of the United States titled ``Actions Needed to
Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency'' (GAO-19-242), or any successor
report, including--
(1) analytically based goals;
(2) results-oriented metrics;
(3) the identification of required resources, risks, and
stakeholders; and
(4) regular reporting on progress to decision-makers.
(d) Definitions.--In this section:
(1) The term ``ammunition production facility'' means an
ammunition organic industrial base production facility.
(2) The term ``covered depot'' has the meaning given that
term in section 2476 of title 10, United States Code.
(3) The term ``covered facility'' means a covered depot or
an ammunition production facility.
SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD CARRYOVER
OF DEPARTMENT OF ARMY.
For purposes of calculating the amount of workload carryover with
respect to the depots and arsenals of the Department of the Army, the
Secretary of Defense shall authorize the Secretary of the Army to use a
calculation for such carryover that applies a material end of period
exclusion.
Subtitle G--Reports
SEC. 371. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON ACTIVITIES
OF JOINT SAFETY COUNCIL.
Section 184(k) of title 10, United States Code is amended--
(1) by striking ``Report.--The Chair'' and inserting
``Reports.--(1) The Chair''; and
(2) by adding at the end the following new paragraph:
``(2) Not later than December 31, 2022, and on an annual basis
thereafter, the Deputy Secretary of Defense shall submit to the
congressional defense committees a report containing--
``(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission of
the report with respect to the activities of the Council; and
``(B) an assessment by the Deputy Secretary of the
activities of the Council carried out during the year preceding
the date of such submission.''.
SEC. 372. QUARTERLY REPORTS ON EXPENDITURES FOR ESTABLISHMENT OF FUEL
DISTRIBUTION POINTS IN INDOPACOM AREA OF RESPONSIBILITY.
(a) Quarterly Reports Required.--The Commander of United States
Indo-Pacific Command shall submit to the congressional defense
committees quarterly reports on the use of the funds described in
subsection (c) until the date on which all such funds are expended.
(b) Contents of Report.--Each report required under subsection (a)
shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the Red
Hill Bulk Fuel Storage Facility.
(c) Funds Described.--The funds described in this subsection are
the amounts authorized to be appropriated or otherwise made available
for fiscal year 2023 for Military Construction, Defense-wide for
Planning and Design for United States Indo-Pacific Command.
SEC. 373. SECRETARY OF DEFENSE REPORT ON ESTABLISHING PROCEDURE FOR
ALERTING ABOUT EXPOSURE TO PERFLUOROALKYL SUBSTANCES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to Congress detailing how to establish a process for alerting active
and retired members of the Armed Forces (and their families) about any
applicable exposure of such individuals to perfluoroalkyl substances,
and any potential health risks resulting from such exposure.
(b) Applicable Exposure Defined.--For purposes of subsection (a),
``applicable exposure'' means exposure while serving on a military base
that contains perfluoroalkyl substance contamination of more than the
acceptable exposure limits provided by the Environmental Protection
Agency (0.004 parts per trillion (ppt) for perfluorooctanoic acid
(PFOA) and 0.02 ppt for perfluorooctane sulfonic acid (PFOS)).
SEC. 374. REPORT ON EFFECTS OF WILDFIRE AND DROUGHT CONDITIONS ON
MILITARY READINESS AT UNITED STATES NAVAL OBSERVATORY
FLAGSTAFF STATION.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the effects of wildfire and persistent drought
conditions at the United States Naval Observatory Flagstaff Station.
Such report shall include the following:
(1) A detailed description of the threat that such
conditions pose to the United States Naval Observatory
Flagstaff Station, including with respect to the mission of the
facility, continued operations, military readiness, military
and civilian workforce, housing, and access to water at the
facility.
(2) Recommendations for actions to be taken by the
Secretary of Defense, and by Congress, to ensure the continued
and safe operations of the facility.
SEC. 375. REPORTS RELATING TO AQUEOUS FILM-FORMING FOAM SUBSTITUTES AND
PFAS CONTAMINATION AT CERTAIN INSTALLATIONS.
(a) Report on Progress Towards AFFF Substitutes.--Not later than
one year after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment shall submit to
the congressional defense committees a report on the progress made
towards, and the status of any certification efforts relating to, the
replacement of fluorinated aqueous film-forming foam with a fluorine-
free fire-fighting agent, as required under section 322 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1307; 10 USC 2661 note prec.).
(b) Report on Non-AFFF PFAS Contamination at Certain Military
Installations.--Not later than one year after the date of the enactment
of this Act, the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense committees a
report on known or suspected contamination on or around military
installations located in the United States resulting from the release
of any perfluoroalkyl substance or polyfluoroalkyl substance
originating from a source other than aqueous film-forming foam.
SEC. 376. BRIEFINGS ON IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
SAFETY AND ACCIDENT PREVENTION.
Beginning not later than 45 days after the date of the enactment of
this Act, and on a biannual basis thereafter until such time as each
recommendation referred to in this section has been implemented, the
Secretary of Defense shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on the status
of the implementation of recommendations relating to safety and the
prevention of accidents and mishaps (including fatal accidents) with
respect to members of the Armed Forces, including--
(1) the recommendations of the Comptroller General of the
United States in the Government Accountability Office report of
July 2021, titled ``Military Vehicles: Army and Marine Corps
Should Take Additional Actions to Mitigate and Prevent Training
Accidents'' (relating to vehicle safety);
(2) the recommendations of the National Commission on
Military Aviation Safety under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1992); and
(3) the 117 recommendations of the Readiness Reform
Oversight Committee of the Department of the Navy following the
deaths of 17 members of the Armed Forces on the USS John McCain
and the USS Fitzgerald.
Subtitle H--Other Matters
SEC. 381. ACCOUNTABILITY FOR MILITARY WORKING DOGS.
(a) In General.--Chapter 50 of title 10, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections at the beginning of such chapter accordingly):
``Sec. 995. Accountability for military working dogs
``(a) Annual Reporting Requirement for Contractors.--
``(1) Requirement.--The Secretary of Defense shall require
that each covered contractor submit to the Under Secretary of
Defense (Comptroller), on an annual basis for the contract
period, a report containing an identification of--
``(A) the number of military working dogs that are
in the possession of the covered contractor and located
outside of the continental United States in support of
a military operation, if any; and
``(B) the primary location of any such military
working dogs.
``(2) Guidance.--The Under Secretary of Defense
(Comptroller) shall issue guidance on the annual reporting
requirement under paragraph (1) for purposes of carrying out
this section.
``(b) Annual Report to Congress.--Not later than March 1, 2023, and
on an annual basis thereafter, the Secretary of Defense shall submit to
the congressional defense a committees a report on the implementation
of this section.
``(c) Covered Contractor Defined.--The term `covered contractor'
means a contractor of the Department of Defense the contract of which
the Secretary determines involves military working dogs.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply with respect to contracts entered into on or after the date of
the enactment of this Act.
(c) Deadline for Guidance.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
(Comptroller) shall issue the guidance specified in section 995(a)(2)
of title 10, United States Code, as added by subsection (a).
(d) Regulations to Prohibit Abandonment.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of Defense
shall issue regulations to prohibit the abandonment of military working
dogs used in support of a military operation outside of the continental
United States.
SEC. 382. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.
Section 184(b)(1) of title 10, United States Code, is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) During periods in which the Coast Guard is not
operating as a service in the Department of the Navy, an
officer of the Coast Guard, appointed by the Secretary of
Homeland Security.''.
SEC. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO REIMBURSE STATE COSTS
OF FIGHTING CERTAIN WILDLAND FIRES.
(a) Requirement.--Section 2691(d) of title 10, United States Code,
is amended by striking ``may'' and inserting ``shall''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to any lease, permit, license, or other grant of
access that the Secretary of Defense enters into, or grants, on or
after the date of the enactment of this Act.
SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NATIONAL GUARD PERSONNEL
ON WILDFIRE RESPONSE.
Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended by inserting ``and the
National Interagency Fire Center'' after ``Bureau''.
SEC. 385. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT PROGRAM ON
MILITARY WORKING DOGS AND EXPLOSIVES DETECTION.
(a) Extension of Pilot Program.--Section 381(b) of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1672; 10 U.S.C. 3062 note) is amended by striking ``2024'' and
inserting ``2025''.
(b) Review of Research Efforts of Department of Defense and
Department of Homeland Security.--
(1) Review.--The Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall conduct a review of
the recent and ongoing research, testing, and evaluation
efforts of the Department of Defense and the Department of
Homeland Security, respectively, regarding explosives detection
working dogs.
(2) Matters.--The review under paragraph (1) shall include
an analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland
Security, respectively, relating to explosives
detection working dogs, and any similarities between
such efforts.
(B) Any recent or ongoing veterinary research
efforts of the Department of Defense or the Department
of Homeland Security, respectively, relating to working
dogs, canines, or other areas that may be relevant to
the improvement of the breeding, health, performance,
or training of explosives detection working dogs.
(C) Any research areas relating to explosives
detection working dogs in which there is a need for
ongoing research but no such ongoing research is being
carried out by either the Secretary of Defense or the
Secretary of Homeland Security, particularly with
respect to the health, domestic breeding, and training
of explosives detection working dogs.
(D) How the recent and ongoing research efforts of
the Department of Defense and the Department of
Homeland Security, respectively, may improve the
domestic breeding of working dogs, including explosives
detection working dogs, and the health outcomes and
performance of such domestically bred working dogs,
including through coordination with academic or
industry partners with experience in research relating
to working dogs.
(E) Potential opportunities for the Secretary of
Defense to collaborate with the Secretary of Homeland
Security on research relating to explosives detection
working dogs.
(F) Any research partners of the Department of
Defense or the Department of Homeland Security, or
both, that may be beneficial in assisting with the
research efforts and areas described in this
subsection.
(c) Plan Required.--Not later than 180 days of the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan for the Secretary of Defense to
collaborate, as appropriate, with the Secretary of Homeland Security on
research relating to explosives detection working dogs and other
relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for
collaboration between the Secretary of Defense and the
Secretary of Homeland Security on the research efforts and
areas described in subsection (a)(2).
(2) An identification of specific programs or areas of
research for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to
carry out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic
and industry partners with experience in research relating to
working dogs, including an identification of potential
opportunities for such coordination in carrying out the
collaboration described in paragraph (1).
(6) A proposed timeline for the Secretary of Defense to
engage in such collaboration, including specific proposed
deadlines.
(7) Any other matters the Secretary of Defense considers
appropriate.
(d) Explosives Detection Working Dog.--In this section, the term
``explosives detection working dog'' means a canine that, in connection
with the work duties of the canine performed for a Federal department
or agency, is certified and trained to detect odors indicating the
presence of explosives in a given object or area, in addition to the
performance of such other duties for the Federal department or agency
as may be assigned.
SEC. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFETY COMMANDS;
IMPLEMENTATION OF ACCIDENT INVESTIGATION RECOMMENDATIONS.
(a) Safety Commands.--
(1) Army safety command.--
(A) Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Army shall establish within the Department of the
Army an ``Army Safety Command''.
(B) Commander.--There is a Commander of the Army
Safety Command. The Commander shall be selected by the
Secretary of the Army from among the general officers
of the Army who hold a rank of major general or higher.
(C) Duties.--The duties of the Army Safety Command
shall include, with respect to the Army, the
formulation of safety policy, the development of risk
management strategies, the monitoring of risk
adjudication processes, the provision of safety-related
training, and such other duties as the Secretary of the
Army may determine appropriate.
(2) Air force safety command.--
(A) Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
the Air Force shall establish within the Department of
the Air Force an ``Air Force Safety Command''.
(B) Commander.--There is a Commander of the Air
Force Safety Command. The Commander shall be selected
by the Secretary of the Air Force from among the
general officers of the Air Force who hold a rank of
major general or higher.
(C) Duties.--The duties of the Air Force Safety
Command shall include, with respect to the Air Force,
the formulation of safety policy, the development of
risk management strategies, the monitoring of risk
adjudication processes, the provision of safety-related
training, and such other duties as the Secretary of the
Air Force may determine appropriate.
(3) Transfer of preexisting organizational elements.--As of
the date on which the Safety Command of a military department
is established under this subsection, any element of that
military department responsible for the duties of such Safety
Command as of the day before the date of such establishment
(including the duties, responsibilities, and personnel of any
such element) shall be transferred to such Safety Command.
(4) Briefings.--Not later than 90 days after the date on
which the Safety Command of a military department is
established under this subsection, the Secretary of that
military department shall provide to the congressional defense
committees a briefing on the duties, assigned personnel, key
lines of effort, and organizational structure of such Safety
Command.
(b) Implementation of Accident Investigation Recommendation.--
(1) Establishment of responsible entities.--
(A) Army.--Not later than 180 days of enactment of
this Act, the Secretary of the Army shall establish
within the Department of the Army an entity the primary
responsibility of which is to ensure the implementation
across the Army of recommended actions arising from
accident investigations conducted by the Department of
Defense.
(B) Air force.--Not later than 180 days of
enactment of this Act, the Secretary of the Air Force
shall establish within the Department of the Air Force
an entity the primary responsibility of which is to
ensure the implementation across the Air Force of
recommended actions arising from accident
investigations conducted by the Department of Defense.
(2) Briefings.--Not later than 90 days after the date on
which the Secretary of a military department establishes a
responsible entity under paragraph (1), that Secretary shall
provide to the congressional defense committees a briefing on
the duties, assigned personnel, key lines of effort, and
organizational structure of such entity.
SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION AT MILITARY
INSTALLATIONS.
(a) Standards Required.--The Secretary of Defense shall ensure
that--
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations shall comply with the National Consensus
Standards developed by the National Fire Protection Association
pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (Pub. L. 104-113; 15 U.S.C. 272
note);
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a
military installation is not less than four firefighters per
vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a
military installation is not less than three firefighters per
vehicle.
(b) Definitions.--In this section:
(1) The terms ``Armed Forces'' and ``Defense Agency'' have
the meanings given such terms in section 101 of title 10,
United States Code.
(2) The term ``firefighter'' has the meaning given that
term in section 707(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Pub. L. 116-92; 10 U.S.C. 1074m
note).
(3) The term ``military installation'' has the meaning
given that term in section 2801 of title 10, United States
Code.
SEC. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA COLLECTION.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Army and the Secretary of
the Navy shall jointly carry out a pilot program to evaluate the
feasibility of using data recorders to monitor, assess, and improve the
readiness and safety of the operation of military tactical vehicles (in
this section referred to as the ``pilot program'').
(b) Purposes.--The purposes of the pilot program are--
(1) to allow for the automated identification of hazards
and potential hazards on and off military installations;
(2) to mitigate and increase awareness of hazards and
potential hazards on and off military installations;
(3) to identify near-miss accidents;
(4) to create a standardized record source for accident
investigations;
(5) to assess individual driver proficiency, risk, and
readiness;
(6) to increase consistency in the implementation of
military installation and unit-level range safety programs
across military installations and units;
(7) to evaluate the feasibility of incorporating metrics
generated from data recorders into the safety reporting systems
and to the Defense Readiness Reporting System as a measure of
assessing safety risks, mitigations, and readiness;
(8) to determine the costs and benefits of retrofitting
data recorders on legacy platforms and including data recorders
as a requirement in acquisition of military tactical vehicles;
and
(9) any other matters as determined by the Secretary
concerned.
(c) Requirements.--In carrying out the pilot program, the Secretary
of the Army and the Secretary of the Navy shall--
(1) assess the feasibility of using commercial technology,
such as smartphones or technologies used by insurance
companies, as a data recorder;
(2) test and evaluate a minimum of two data recorders that
meet the pilot program requirements;
(3) select a data recorder capable of collecting and
exporting the telemetry data, event data, and driver
identification during operation and accidents;
(4) install and maintain a data recorder on a sufficient
number of each of the military tactical vehicles listed under
subsection (f) at installations selected by the Secretary
concerned under subsection (e) for statistically significant
results;
(5) establish and maintain a database that contains
telemetry data, driver data, and event data captured by the
data recorder;
(6) regularly generate for each installation selected under
subsection (e) a dataset that is viewable in widely available
mapping software of hazards and potential hazards based on
telemetry data and event data captured by the data recorders;
(7) generate actionable data sets and statistics on
individual, vehicle, and military installation;
(8) require commanders at the installations selected under
subsection (e) to incorporate the actionable data sets and
statistics into the installation range safety program;
(9) require unit commanders at the installations selected
under subsection (e) to incorporate the actionable data sets
and statistics into the unit driver safety program;
(10) evaluate the feasibility of integrating data sets and
statistics to improve driver certification and licensing based
on data recorded and generated by the data recorders;
(11) use open architecture to the maximum extent
practicable; and
(12) carry out any other activities determined by the
Secretary as necessary to meet the purposes under subsection
(b).
(d) Implementation Plan.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Army and the Secretary
of the Navy shall develop a plan for implementing the pilot program.
(e) Locations.--Each Secretary concerned shall carry out the pilot
program at not fewer than one military installation in the United
States selected by the Secretary concerned that meets the following
conditions:
(1) Contains the necessary force structure, equipment, and
maneuver training ranges to collect driver and military
tactical vehicle data during training and routine operation.
(2) Represents at a minimum one of the five training ranges
identified in the study by the Comptroller General of the
United States titled ``Army and Marine Corps Should Take
Additional Actions to Mitigate and Prevent Training Accidents''
that did not track unit location during the training events.
(f) Covered Military Tactical Vehicles.--The pilot program shall
cover the following military tactical vehicles:
(1) Army Strykers.
(2) Marine Corps Light Armored Vehicles.
(3) Army Family of Medium Tactical Vehicles.
(4) Marine Corps Medium Tactical Vehicle Replacements.
(5) Army and Marine Corps High Mobility Multipurpose
Wheeled Vehicles.
(6) Army and Marine Corps Joint Light Tactical Vehicles.
(7) Army and United States Special Operations Command
Ground Mobility Vehicles.
(8) Army Infantry Squad Vehicles.
(9) Army Heavy Tactical Wheeled Vehicles.
(g) Metrics.--The Secretaries shall develop metrics to evaluate the
effectiveness of the pilot program in monitoring, assessing, and
improving vehicle safety, driver readiness, and mitigation of risk.
(h) Reports.--
(1) Initial.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army and the
Secretary of the Navy shall jointly submit to the congressional
defense committees a report on the pilot program that addresses
the plan for implementing the requirements under subsection
(c), including the established metrics under subsection (g).
(2) Interim.--Not later than three years after the
commencement of the pilot program, the Secretary of the Army
and the Secretary of the Navy shall jointly submit to the
congressional defense committees a report on the status of the
pilot program, including the preliminary results in carrying
out the pilot program, the metrics generated during the pilot
program, disaggregated by military tactical vehicle, location,
and service, and the implementation plan under subsection (d).
(3) Final.--
(A) In general.--Not later than 90 days after the
termination of the pilot program, the Secretary of the
Army and the Secretary of the Navy shall jointly submit
to the congressional defense committees a report on the
results of the program.
(B) Elements.--The report required by subparagraph
(A) shall--
(i) assess the effectiveness of the pilot
program in meeting the purposes under
subsection (b);
(ii) include the metrics generated during
the pilot program, disaggregated by military
tactical vehicle, location, and service;
(iii) include the views of range personnel,
unit commanders, and tactical vehicle operators
involved in the pilot program on the level of
effectiveness of the technology selected;
(iv) provide a cost estimate for equipping
legacy military tactical vehicles with data
recorders;
(v) determine the instances in which data
recorders should be a requirement in the
acquisition of military tactical vehicles;
(vi) recommend whether the pilot program
should be expanded or made into a program of
record; and
(vii) recommend any statutory, regulatory,
or policy changes required to support the
purposes under subsection (b).
(i) Termination.--The authority to carry out the pilot program
under subsection (a) shall terminate five years after the date of the
enactment of this Act.
(j) Definitions.--In this section:
(1) The term ``accident'' means a collision, rollover, or
other mishap involving a motor vehicle.
(2) The term ``data recorder'' means technologies installed
in a motor vehicle to record driver identification, telemetry
data, and event data related to the operation of the motor
vehicle.
(3) The term ``driver identification'' means data enabling
the unique identification of the driver operating a motor
vehicle.
(4) The term ``event data'' includes data related to--
(A) the start and conclusion of each vehicle
operation;
(B) a vehicle accident;
(C) a vehicle acceleration, velocity, or location
with an increased potential for an accident; or
(D) a vehicle orientation with an increased
potential for an accident.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army with respect to
matters concerning the Army; and
(B) the Secretary of the Navy with respect to
matters concerning the Navy and Marine Corps.
(6) The term ``tactical vehicle'' means a motor vehicle
designed to military specification, or a commercial design
motor vehicle modified to military specification, to provide
direct transportation support of combat or tactical operations,
or for the training of personnel for such operations.
(7) The term ``telemetry data'' includes--
(A) time;
(B) vehicle distance traveled;
(C) vehicle acceleration and velocity;
(D) vehicle orientation, including roll, pitch, and
yaw; and
(E) vehicle location in a geographic coordinate
system, including elevation.
SEC. 389. REQUIREMENT FOR PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF
DEFENSE LEAD TESTING.
Section 345 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 135 Stat. 1645; 10 U.S.C. 2715 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or lead''
after ``(commonly referred to as `PFAS')''; and
(B) in paragraph (2), by inserting ``or lead''
after ``substances''; and
(2) in subsections (b), (d), and (e), by inserting ``or
lead'' after ``polyfluoroalkyl substances'' each place such
term appears.
SEC. 390. BRIEFING RELATING TO USE OF RECYCLED RUBBER WASTE PRODUCTS BY
DEPARTMENT OF DEFENSE.
Not later than February 1, 2023, the Deputy Assistant Secretary of
Defense for Environment and Energy Resilience shall provide to the
Committees on Armed Services of the House of Representatives and the
Senate a briefing on the use, and potential use, by the Department of
recycled and recyclable rubber products, including an assessment of the
utility of such use.
SEC. 391. REVIVAL OF REPORT ON NON-FEDERALIZED NATIONAL GUARD
PERSONNEL, TRAINING, AND EQUIPMENT REQUIREMENTS.
Section 10504(c)(1) of title 10, United States Code, is amended by
striking ``years 2018 through 2020'' and inserting ``years 2023 through
2025''.
SEC. 392. USE OF AMOUNTS AVAILABLE TO DEPARTMENT OF DEFENSE FOR
OPERATION AND MAINTENANCE FOR REMOVAL OF MUNITIONS AND
EXPLOSIVES OF CONCERN IN GUAM.
(a) In General.--The Secretary of Defense may use amounts available
to the Department of Defense for operation and maintenance to remove
munitions and explosives of concern from military installations in
Guam.
(b) Monitoring of Removal.--The Secretary shall monitor and assess
the removal by the Department of munitions and explosives of concern
from military installations in Guam and shall constantly update
processes for such removal to mitigate any issues relating to such
removal.
(c) Report on Amounts Necessary.--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 indicating the
amounts necessary to conduct removal of munitions and explosives of
concern from military installations in Guam.
(d) Definition.--In this section, the term ``munitions and
explosives of concern'' has the meaning given that term in section
179.3 of title 32, Code of Federal Regulations, or successor
regulations.
SEC. 393. FUNDING FOR UTILITY HELICOPTER MODS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for Aircraft Procurement, Army, as specified in the
corresponding funding table in section 4101, for Utility Helicopter
Mods, Line 026, is hereby increased by $10,000,000 for 60kVA
Generators.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operations and Maintenance, Army, as specified in the
corresponding funding table in section 4301, for Other Service Support,
Line 490, is hereby reduced by $10,000,000.
SEC. 394. SENSE OF CONGRESS REGARDING THE USE OF WORKING DOGS TO DETECT
EARLY STAGES OF DISEASES.
It is the sense of Congress that--
(1) the ongoing research effort conducted by the Department
of the Army, in partnership with the University of
Pennsylvania, titled Training Aid Delivery Device 2.0 Training
Support for COVID-19 Detection, is exploring the effectiveness
of using scent detection working dogs to detect the early
stages of diseases, including the coronavirus disease 2019
(COVID-19);
(2) this research effort will soon complete Phase 2 and has
shown promising results, including an accuracy rate of 89
percent in COVID-19 detection from t-shirt samples; and
(3) it is important that the Department of Defense funds
Phase 3 of this research effort to determine whether the use of
working dogs is a feasible method of responding to emerging
disease threats in a low-cost, low-burden, timely, and widely
applicable manner.
SEC. 395. REQUIREMENTS TO REDUCE OUT-OF-POCKET COSTS OF MEMBERS OF THE
ARMED FORCES FOR UNIFORM ITEMS.
(a) Tracking Requirement.--The Secretary of Defense shall take such
steps as may be necessary to track the expected useful life of uniform
items for officers and enlisted members of the Armed Forces, for the
purposes of--
(1) estimating the rate at which such uniform items are
replaced; and
(2) determining the resulting out-of-pocket costs for such
members over time.
(b) Uniform Replacement Allowance for Certain Officers.--
(1) Establishment.--The Secretary of Defense shall
establish a uniform replacement allowance under which each
officer of the Armed Forces, upon promotion to the grade of O-
4, and once every three years thereafter for such time as the
officer is in a grade of O-4 or above, shall be eligible to
receive the allowance described in paragraph (2) for the
purpose of replacing required uniform items that have exceeded
the useful life of such items.
(2) Allowance.--The allowance described in this paragraph
is a cash allowance that the Secretary shall calculate by
multiplying the annual replacement cost of each required
uniform item of an officer (taking into account the expected
useful life of the item pursuant to subsection (a) and the
price of the item set by the Defense Logistics Agency as of the
date of the calculation) by three.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the expected useful life
of required uniform items, projected changes to such required uniform
items, and related costs anticipated by the Secretary (disaggregated by
Armed Force). Such report shall include pricing information for each
such item, including items that are not considered uniquely military.
SEC. 396. RECOGNITION OF SERVICE OF MILITARY WORKING DOGS.
Section 1125 of title 10, United States Code, is amended--
(1) by inserting ``(a) General Authority.--'' before ``The
Secretary of Defense''; and
(2) by adding at the end the following new subsection:
``(b) Recognition of Service of Military Working Dogs.--The
Secretary of Defense shall develop a decoration or other appropriate
recognition to recognize military working dogs under the jurisdiction
of the Secretary that are killed in action or that perform an
exceptionally meritorious or courageous act in service to the United
States.''.
SEC. 397. MAINTENANCE OF PUBLICLY ACCESSIBLE WEBSITE BY JOINT SAFETY
COUNCIL.
Section 184(d) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(10) Developing and maintaining (including by updating on
a basis that is not less frequent than once every 180 days) a
publicly accessible Internet website that contains the
following:
``(A) Information for the families of deceased
members of the armed forces who died in a fatal
operational or training accident.
``(B) Information on the findings of each review or
assessment conducted by the Council.
``(C) An identification of any recommendation of
the Council relating to the prevention of fatal
accidents among members of the Armed Forces, and
information on the progress of the implementation of
any such recommendation.''.
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, 348,220.
(3) The Marine Corps, 177,000.
(4) The Air Force, 323,400.
(5) The Space Force, 8,600.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (5) and inserting the following new
paragraphs:
``(1) For the Army, 473,000.
``(2) For the Navy, 348,220.
``(3) For the Marine Corps, 177,000.
``(4) For the Air Force, 323,400.
``(5) For the Space Force, 8,600.''.
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 of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
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, 26,630.
(6) The Air Force Reserve, 6,286.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
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, 9,892.
(4) For the Air Force Reserve, 6,696.
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 the 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. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE DUTY IN
GENERAL OFFICER AND FLAG OFFICER GRADES.
Section 525 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``as follows:'' and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) in the Space Force, if that appointment would result
in more than--
``(A) 2 officers in the grade of general;
``(B) 7 officers in a grade above the grade of
major general; or
``(C) 6 officers in the grade of major
general.'';'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``and Marine
Corps'' and inserting ``Marine Corps, and Space
Force''; and
(B) in paragraph (2), by striking ``or Marine
Corps'' and inserting ``Marine Corps, or Space Force'';
and
(3) in subsection (d), by striking ``or Commandant of the
Marine Corps'' and inserting ``Commandant of the Marine Corps,
or Chief of Space Operations''.
SEC. 502. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL OFFICERS
AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and Marine Corps'' and inserting ``Marine
Corps, and Space Force'';
(B) in paragraph (1), by striking ``220'' and
inserting ``218'';
(C) in paragraph (2), by striking ``151'' and
inserting ``149'';
(D) in paragraph (3), by striking ``187'' and
inserting ``170''; and
(E) by adding at the end the following new
paragraph:
``(5) For the Space Force, 21.''; and
(2) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(E) For the Space Force, 6.''.
SEC. 503. EXCLUSION OF LEAD SPECIAL TRIAL COUNSEL FROM LIMITATIONS ON
GENERAL OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.
Section 526a of title 10, United States Code, as amended by section
502, is further amended--
(1) by redesignating the second subsection (i) as
subsection (j);
(2) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (i), (j), and (k), respectively; and
(3) by inserting after subsection (f) the following new
subsection:
``(g) Exclusion of Officers Serving as Lead Special Trial
Counsel.--The limitations in subsection (a) do not apply to a general
or flag officer serving in the position of lead special trial counsel
pursuant to an appointment under section 1044f(a)(2) of this title.''.
SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS OF THE ARMED
FORCES: AUTHORIZATION; SPECIAL PAY.
(a) Constructive Service Credit for Warrant Officers.--Section 572
of title 10, United States Code, is amended--
(1) by inserting ``(a)'' before ``For the purposes''; and
(2) by adding at the end the following new subsection:
``(b)(1) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Secretary
concerned, and who has advanced education or training or special
experience, with constructive service for such education, training, or
experience, as follows:
``(A) For special training or experience in a particular
warrant officer field designated by the Secretary concerned, if
such training or experience is directly related to the
operational needs of the armed force concerned, as determined
by such Secretary concerned.
``(B) For advanced education in a warrant officer field
designated by the Secretary concerned, if such education is
directly related to the operational needs of the armed force
concerned, as determined by such Secretary concerned.
``(2) The authority under this subsection expires on December 31,
2027.''.
(b) Special Pay for Certain Officers Commissioned or Appointed With
Constructive Service Credit.--
(1) Establishment.--Subchapter II of chapter 5 of title 37,
United States Code, is amended by inserting after section 336
the following new section:
``Sec. 337. Special pay: certain officers of the armed forces
commissioned or appointed with constructive service
credit
``(a) Special Pay Authorized.--The Secretary concerned may pay
monthly special pay to an eligible officer under this section.
``(b) Eligible Officer Defined.--In this section, the term
`eligible officer' means an officer who--
``(1)(A) received an original appointment in a commissioned
grade on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023; and
``(B) was credited by the Secretary of the military
department concerned with constructive service under section
533(b)(1)(D) of title 10; or
``(2)(A) was originally appointed in a warrant officer
grade on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2023; and
``(B) was credited by the Secretary concerned with
constructive service under section 572(b) of title 10.
``(c) Amount of Pay.--The Secretary concerned shall determine an
amount of monthly special pay to pay to an eligible officer under this
section. Such amount may not exceed $5,000 per month.
``(d) Relationship to Other Incentives.--Special pay under this
section is in addition to any other pay or allowance to which an
eligible officer is entitled.
``(e) Sunset.--No special pay may be paid under this section after
December 31, 2027.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 336 the following:
``337. Special pay: certain officers of the armed forces commissioned
or appointed with constructive service
credit.''.
(c) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out the amendments made by this section not later
than 180 days after the date of the enactment of this Act.
(d) Report.--Not later than February 1, 2027, the Secretary of
Defense, in consultation with the Secretary of Homeland Security, shall
submit to the appropriate congressional committees a report on the
amendments made by this section. Such report shall include--
(1) the evaluation of such amendments by the Secretary; and
(2) the recommendation of the Secretary whether such
amendments should be made permanent.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The terms ``congressional defense committees'' and
``Secretary concerned'' have the meanings given such terms in
section 101 of title 10, United States Code.
SEC. 505. CLARIFICATION OF GRADE OF SURGEON GENERAL OF THE NAVY.
Section 8077 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--The Surgeon General, while so serving, shall hold the
grade of O-9.''.
SEC. 506. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF
DEFENSE AND OTHER DEPARTMENT OF DEFENSE HEADQUARTERS
OFFICES.
(a) Office of the Secretary of Defense.--The Secretary of Defense
shall conduct an assessment of staffing of the Office of the Secretary
of Defense. Such assessment shall including the following elements:
(1) A validation of every military staff billet assigned to
the Office of the Secretary of Defense against existing
military personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Secretary of Defense and other Department of
Defense Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(b) Office of the Joint Chiefs of Staff.--The Chairman of the Joint
Chiefs of Staff shall conduct an assessment of staffing of the Office
of the Joint Chiefs of Staff. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to
the Office of the Joint Chiefs of Staff against existing
military personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have on the
office of the Joint Staff and the Chairman's Controlled
Activities and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described in
paragraph (2) would occur, a schedule for such reductions, and
the process by which the billets would be returned to the
operational activities of the Armed Forces concerned.
(c) Interim Briefing and Report.--
(1) Interim briefing.--Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services of
the Senate and House of Representatives an interim briefing on
the assessments under subsections (a) and (b).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the assessments under subsections
(a) and (b). Such report shall include the following:
(A) A validation of every military staff billet
assigned to the Office of the Secretary of Defense and
the Joint Staff to include the Chairman's Controlled
Activities against existing military personnel
requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military
billet fill rates against validated requirements.
(D) An analysis of unvalidated military billets
currently performing staff support functions,
(E) The rationale for why unvalidated military
billets may be required.
(F) The cost of military staff filling both
validated and unvalidated billets.
(G) Lessons learned through the military billet
validation process and statistical analysis under
subparagraphs (B) through (F).
(H) Any other matters the Secretary determines
relevant to understanding the use of military staff
billets described in subsections (a) and (b).
(I) Any legislative, policy or budgetary
recommendations of the Secretary related to the subject
matter of the report.
SEC. 507. SURVEY OF CHAPLAINS.
(a) Development.--The Secretary of Defense shall seek to enter into
an agreement with a nonprofit entity or a federally funded research and
development center to develop an anonymous survey of chaplains of the
covered Armed Forces. The survey shall include questions regarding the
following:
(1) Chaplain job satisfaction.
(2) The tools available for chaplains to minister to
members of the covered Armed Forces.
(3) Resources available to support religious programs.
(4) Inclusion of chaplains in resiliency and wellness
programs.
(5) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(6) Recruitment and retention of chaplains.
(7) Any challenges in the ability of chaplains to offer
ministry services.
(b) Administration.--The Secretary shall administer the survey not
later than 180 days after development.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to the Committees on Armed Services of the Senate and House of
Representatives on the findings from the survey.
(d) Covered Armed Force Defined.--The term ``covered Armed Force''
means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 508. INDEPENDENT REVIEW OF ARMY OFFICER PERFORMANCE EVALUATIONS.
(a) Study Required.--Not later than six months after the enactment
of this Act, the Secretary of the Army shall seek to enter into an
agreement with a private entity that the Secretary determines
appropriate to--
(1) study the fitness report system used for the
performance evaluation of Army officers; and
(2) provide to the Secretary recommendations regarding how
to improve such system.
(b) Elements.--The study required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
system at evaluating and documenting the performance of Army
officers.
(2) A comparison of the fitness report system for Army
officers with best practices for performance evaluations used
by public- and private-sector organizations.
(3) An analysis of the value of Army fitness reports in
providing useful information to officer promotion boards.
(4) An analysis of the value of Army fitness reports in
providing useful feedback to Army officers being evaluated.
(5) Recommendations to improve the Army fitness report
system to--
(A) increase its effectiveness at accurately
evaluating and documenting the performance of Army
officers;
(B) align with best practices for performance
evaluations used by public- and private-sector
organizations;
(C) provide more useful information to officer
promotion boards; and
(D) provide more useful feedback regarding
evaluated officers.
(c) Access to Data and Records.--The Secretary of the Army shall
ensure that the entity selected under subsection (a) has sufficient
resources and access to technical data, individuals, organizations, and
records necessary to complete the study required under this section.
(d) Submission to Department of the Army.--Not later than one year
after entering into an agreement under subsection (a), the entity that
conducts the study under subsection (a) shall submit to the Secretary
of the Army a report on the results of the study.
(e) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of the Army receives the report under subsection
(d), the Secretary shall submit to the congressional defense
committees--
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
Subtitle B--Reserve Component Management
SEC. 511. GRADES OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b) of title 10,
United States Code, is amended by striking paragraph (4) and
inserting the following:
``(4) The Chief of Army Reserve, while so serving, holds the grade
of lieutenant general.''.
(2) Chief of navy reserve.--Section 8083(b) of such title
is amended by striking paragraph (4) and inserting the
following:
``(4) The Chief of Navy Reserve, while so serving, holds the grade
of vice admiral.''.
(3) Commander, marine forces reserve.--Section 8084(b) of
such title is amended by striking paragraph (4) and inserting
the following:
``(4) The Commander, Marine Forces Reserve, while so serving, holds
the grade of lieutenant general.''.
(4) Chief of air force reserve.--Section 9038(b) of such
title is amended by striking paragraph (4) and inserting the
following:
``(4) The Chief of Air Force Reserve, while so serving, holds the
grade of lieutenant general.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the day that is one year after the date of the enactment
of this Act and shall apply to appointments made after such date.
SEC. 512. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Grade.--(1) The Vice Chief of the National Guard Bureau shall
be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of Vice Chief
of the National Guard Bureau as one of the general officer and flag
officer positions to be excluded from the limitations in subsection (a)
of such section.''.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE OFFICERS IN
THE NATIONAL GUARD DUE TO UNDUE DELAYS IN FEDERAL
RECOGNITION.
Paragraph (2) of section 14308(f) of title 10, United States Code,
is amended to read as follows:
``(2) If there is a delay in extending Federal recognition in the
next higher grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force that
exceeds 100 days from the date the National Guard Bureau deems such
officer's application for Federal recognition to be completely
submitted by the State and ready for review at the National Guard
Bureau, and the delay was not attributable to the action or inaction of
such officer--
``(A) in the event of State promotion with an effective
date before January 1, 2024, the effective date of the
promotion concerned under paragraph (1) may be adjusted to a
date determined by the Secretary concerned, but not earlier
than the effective date of the State promotion; and
``(B) in the event of State promotion with an effective
date on or after January 1, 2024, the effective date of the
promotion concerned under paragraph (1) shall be adjusted by
the Secretary concerned to the later of--
``(i) the date the National Guard Bureau deems such
officer's application for Federal recognition to be
completely submitted by the State and ready for review
at the National Guard Bureau; and
``(ii) the date on which the officer occupies a
billet in the next higher grade.''.
SEC. 514. FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS:
ARMY RESERVE AND ARMY NATIONAL GUARD.
Section 2107a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) The Secretary of the Army may appoint as a cadet in the Army
Reserve or Army National Guard of the United States any eligible member
of the program who--
``(A)(i) is enrolled in the Advanced Course of the Army
Reserve Officers' Training Corps at a military college or a
military junior college; or
``(ii)(I) is enrolled in the Advanced Course of the Army
Reserve Officers' Training Corps at a civilian institution; and
``(II) has completed the second year of a course of study
in science, technology, engineering, mathematics, or a related
field at such institution; and
``(B) will be under 31 years of age on December 31 of the
calendar year in which the member eligible under this section
for appointment as a second lieutenant in the Army Reserve or
Army National Guard.'';
(B) by adding at the end the following new
paragraph:
``(3) The Secretary of the Army may prescribe regulations
specifying--
``(A) the courses of study that may be pursued by a member
of the program for purposes of meeting the requirement under
paragraph (1)(A)(ii); and
``(B) the level of academic achievement needed to meet such
requirement.''.
(2) in subsection (b)(3)(B)(i), by inserting ``or civilian
institution'' after ``military junior college'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or civilian
institution'' after ``military junior college'';
(B) in paragraph (4)(A), by inserting ``or civilian
institution'' after ``military junior college'';
(4) by amending subsection (h) to read as follows:
``(h)(1) The Secretary of the Army may appoint each year under this
section not less than 22 cadets at each military junior college at
which there are not less than 22 members of the program eligible under
subsection (b) for such an appointment. At any military junior college
at which in any year there are fewer than 22 such members, the
Secretary shall appoint each such member as a cadet under this section.
``(2) The Secretary of the Army may appoint each year under this
section the number of cadets from civilian institutions that the
Secretary determines to be appropriate based on the needs of the
Army.''; and
(5) in subsection (j), by inserting ``or civilian
institution'' after ``military junior college''.
SEC. 515. INSPECTIONS OF NATIONAL GUARD.
(a) Establishment.--Chapter 1 of title 32, United States Code, is
amended by inserting, after section 105, the following new section:
``Sec. 105A. Additional inspections
``(a) Regular Inspections Required.--The Secretary of the Army and
the Secretary of the Air Force shall each prescribe regulations
pursuant to which the National Guard of each State shall be inspected
not less frequently than once every five years.
``(b) Authorized Inspectors.--An inspection of the National Guard
of a State under subsection (a) shall be conducted by--
``(1) in the case of the Air National Guard, by a qualified
member of the regular component of the Air Force or by the
inspector general of the Department of the Air Force; or
``(2) in the case of the Army National Guard, by a
qualified member of the regular component of the Army or by the
inspector general of the Department of the Army.
``(c) Elements and Recommendations.--Each inspection under
subsection (a) shall include--
``(1) a review and assessment of--
``(A) the command climate of the National Guard of
the State;
``(B) the extent to which members of such National
Guard are treated with dignity and respect; and
``(C) the compliance of such National Guard with
statutory, regulatory, and other applicable
requirements relating to--
``(i) reporting and addressing sex-related
offenses and sexual harassment;
``(ii) training in sexual assault
prevention and response; and
``(iii) training in suicide prevention; and
``(2) the inspector's recommendation as to whether the
Secretary of the military department concerned should designate
the performance of such National Guard as unsatisfactory,
satisfactory, or excellent.
``(d) Performance Grade.--Following the conclusion of an inspection
of a National Guard of a State under subsection (a), the Secretary of
the military department concerned shall--
``(1) based on the results of the inspection, designate the
performance of such National Guard as unsatisfactory,
satisfactory, or excellent; and
``(2) post such designation on a publicly accessible
website of the Department of Defense.
``(e) Mandatory Reinspection.--A National Guard of a State that
receives a designation of unsatisfactory under subsection (d) shall be
reinspected in accordance with this section not later one year after
the conclusion of the inspection that resulted in such designation.
``(f) Reports.--
``(1) In general.--Not later than 90 days, after the
conclusion of each inspection under this section, the Secretary
of the military department concerned shall submit a report on
the results of such inspection--
``(A) to the Secretary of Defense; and
``(B) to the Committees on Armed Services of the
Senate and the House of Representatives.
``(2) Elements.--Each report under paragraph (1) shall--
``(A) summarize the results of the inspection with
respect to each element specified in subsection (c);
``(B) indicate the designation issued for the
National Guard of the State under subsection (d); and
``(C) in the case of a National Guard of a State
that received a designation of unsatisfactory under
subsection (d) after a reinspection under subsection
(e), include the Secretary's recommendation as to
whether--
``(i) Federal funds should be withheld from
such National Guard; or
``(ii) such National Guard unit should be
transferred to another State.
``(g) Definitions.--In this section:
``(1) The term `sex-related offense' means an alleged sex-
related offense (as defined in section 1044e(h) of this title).
``(2) The term `sexual harassment' means the offense of
sexual harassment as punishable under section 934 of this title
(article 134 of the Uniform Code of Military Justice) pursuant
to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).
``(3) The term `State' has the meaning given such term in
section 901 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
105 the following new item:
``105A. Additional inspections.''.
SEC. 516. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE OFFICER FOR
CERTAIN FULL-TIME NATIONAL GUARD DUTY PERFORMED IN A
STATE, TERRITORY, OR THE DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is amended to
read as follows:
``(A) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense, with the consent of--
``(i) the chief executive officer of each State (as
that term is defined in section 901 of this title) in
which such operations or missions shall take place; and
``(ii) if such operations or missions shall take
place in the District of Columbia, the Mayor of the
District of Columbia.''.
SEC. 517. EXTENSION OF NATIONAL GUARD SUPPORT FOR FIREGUARD PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) is amended by striking ``September 30,
2026'' and inserting ``September 30, 2029''.
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS REGARDING UNITS OF
CERTAIN RESERVE COMPONENTS.
(a) Notice Required; Elements.--The Secretary of a military
department may not take any covered action regarding a covered unit
until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action. Such
notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align
with the National Defense Strategy and the supporting
strategies of each military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action
will affect the relationship of administrative, operational, or
tactical control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost
savings of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary
for the covered action.
(6) An analysis whether the covered action would
facilitate--
(A) total force integration; and
(B) general officer progression.
(7) A description of how the covered activity will affect
the ability of the covered unit to accomplish its current
mission.
(b) Applicability.--This section shall apply to any step to perform
covered action regarding a covered unit on or after the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) The term ``covered action'' means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(D) To reassign any responsibility.
(E) To integrate, in the case of--
(i) a covered unit and a unit of the
regular component of a covered Armed Force; or
(ii) more than one covered unit.
(2) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ``covered unit'' means a unit of a reserve
component of a covered Armed Force.
SEC. 519. PLAN TO ENSURE REASONABLE ACCESS TO THE JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Plan Required.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall develop a plan to
increase the total number of units of the Junior Reserve Officers'
Training Corps to ensure that there is reasonable access to such units
in each geographic region of the United States by not later than
September 30, 2031.
(b) Elements.--The plan required under subsection (a) shall include
the following:
(1) A proposal to increase the total number of units of the
Junior Reserve Officers' Training Corps to ensure reasonable
access for students throughout the United States.
(2) The estimated cost of implementing the proposed
increase in the number of such units.
(3) A prioritized list of the States and regions in which
the Secretary proposes adding additional units.
(4) Actions the Secretary expects to carry out to ensure
adequate representation and fair access to such units for
students in all regions of the United States, including rural
and remote areas and in underrepresented States.
(5) To the extent appropriate, modifications to the
requirements for such units, including the requirements
applicable to instructors, to accommodate units in rural areas
and small schools.
(6) A plan to increase school and community awareness of
Junior Reserve Officers' Training Corps programs in
underrepresented areas.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that includes the plan developed under
subsection (a).
(d) Reasonable Access Defined.--In this section, the term
``reasonable access'', when used with respect to units of the Junior
Reserve Officers' Training Corps, means a level of access determined by
the Secretary of Defense be reasonable taking into account the demand
for student participation, the availability of instructors, and the
physical distance between units.
SEC. 519A. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS IN REPORTS ACCOMPANYING THE
NATIONAL DEFENSE STRATEGY.
Section 113(m) of title 10, United States Code, is amended--
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7)
paragraphs (7), (8), and (9), respectively; and
(4) by inserting after paragraph (4) the following new
paragraphs:
``(5) The number of Senior Reserve Officers' Training Corps
scholarships awarded during the fiscal year covered by the
report, disaggregated by gender, race, and ethnicity, for each
military department.
``(6) The program completion rates and program withdrawal
rates of Senior Reserve Officers' Training Corps scholarship
recipients during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.''.
SEC. 519B. ADDITIONAL MATTERS RELATING TO SUPPORT FOR FIREGUARD
PROGRAM.
Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81), as amended by section 517, is further
amended--
(1) by inserting ``(a) in general.--'' before ``Until'';
(2) by striking ``support'' and inserting ``carry out'';
(3) by striking ``personnel of the California National
Guard'' and inserting ``National Guard personnel (including
from the Colorado National Guard and the California National
Guard)''; and
(4) by adding at the end the following:
``(b) Transfer.--Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to another
entity. If the Secretary seeks to make such a transfer, the Secretary
shall, at least three years before such transfer, provide to the
appropriate congressional committees a written report and briefing that
detail--
``(1) plans of the Secretary for such transfer; and
``(2) how such transfer will sustain and improve detection
and monitoring of wildfires.
``(c) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committee on Armed Services of the Senate.
``(2) The Committee on Armed Services of the House of
Representatives.
``(3) The Select Committee on Intelligence of the Senate.
``(4) The Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 519C. DIVESTITURE OF TACTICAL CONTROL PARTY.
No divestiture of any Tactical Control Party specialist force
structure from the Air National Guard may occur until the Chief of the
National Guard Bureau provides a report to the congressional defense
committees describing--
(1) the capability gaps caused by divestiture of Tactical
Control Party force structure from the Air National Guard and
its impact on the Department of Defense to execute the National
Defense Strategy; and
(2) the impacts of such divestiture to the operational
capabilities of the Army National Guard.
SEC. 519D. RECOGNITION OF THE ARMY INTERAGENCY TRAINING AND EDUCATION
CENTER AS A JOINT ACTIVITY OF THE NATIONAL GUARD; REPORT.
(a) Findings.--Congress makes the following findings:
(1) AITEC has been designated by the National Guard Bureau
as a joint activity of the Army and Air National Guard
responsible for the following activities:
(A) Mission assurance and other critical
infrastructure protection activities in support of the
Department of Defense and Department of Homeland
Security entities.
(B) All-hazards disaster response training and
exercises for the National Guard in partnership with
Federal, State, local, territorial, and Tribal response
enterprise organizations.
(2) AITEC is composed of members of the Army and Air
National Guard who possess relevant private-sector critical
skills and experience in the fields of emergency response,
engineering, cybersecurity, electric power, logistics,
telecommunications, utilities, medical, rescue, or such other
fields as determined by evolving mission requirements.
(3) The National Guard Bureau has designated AITEC as
having the following duties:
(A) Providing the Department of Defense with--
(i) unique civilian expertise and
experience of critical infrastructure
protection, Chemical, Biological, Radiological,
and Nuclear response, emergency management,
control systems cybersecurity, and incident
management;
(ii) training and exercise support of Joint
Interagency Training Capability, including
Joint Force Headquarters-State and Joint Task
Force-State Headquarters elements, National
Guard Reaction Forces, Weapons of Mass
Destruction Civil Support Teams, and Chemical,
Biological, Radiological, Nuclear, or High-
Yield Explosive Emergency Response Force
Packages, and Homeland Response Forces; and
(iii) personnel to conduct Mission
Assurance, Cybersecurity, Port Security &
Resiliency, and other critical infrastructure
assessments and training along with Counter-IED
and bombing prevention training to
intergovernmental partners and first
responders.
(B) On an ongoing basis, partnering with the
military departments, the combatant commands, other
Department of Defense agencies, the Department of
Homeland Security, and State, local, territorial, and
Tribal governments to conduct--
(i) all-threats, all-hazards Mission
Assurance assessments in the areas of Mission
Assurance Related Programs and Activities,
including cyber supply chain risk management,
position, navigation, and timing, and unmanned
systems on Defense Critical Infrastructure;
(ii) all-hazards and disaster response
training and exercise support;
(iii) infrastructure protection assessment
activities, cybersecurity, and counter-IED and
bombing prevention training for the Department
of Homeland Security; and
(iv) Port Security & Resiliency assessments
for the Coast Guard.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Assistant Secretary of Defense for Homeland Defense and Global
Security and the Chief of the National Guard Bureau, shall submit to
the appropriate congressional committees a report that includes--
(1) an organizational plan and an estimate of the annual
costs necessary for AITEC to complete its duties as described
in subsection (a)(3); and
(2) the manpower requirements needed to adequately staff
such duties.
(c) Definitions.--In this section:
(1) The term ``AITEC'' means the Army Interagency Training
and Education Center.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(3) The term ``critical infrastructure'' has the meaning
given the term in section 702 of the Defense Production Act of
1950 (50 U.S.C. 4552).
SEC. 519E. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
(a) In General.--During fiscal year 2023, the Secretary of Defense
may provide assistance in addition to assistance under subsection (d)
of section 509 of title 32, United States Code, to a National Guard
Youth Challenge Program of a State for the following purposes:
(1) New program start-up costs.
(2) Special projects.
(3) Workforce development programs.
(4) Emergency costs.
(b) Limitations.--
(1) Matching.--Before the Secretary may use the authority
under this section, the State shall comply with the matching
requirement under such subsection.
(2) Total assistance.--Total assistance under this section
may not exceed $5,000,000.
(c) Reporting.--Any assistance provided under this section shall be
included in the annual report under subsection (k) of such section.
Subtitle C--General Service Authorities and Military Records
SEC. 521. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A MEMBER OF THE
ARMED FORCES.
Subchapter II of chapter 75 of title 10, United States Code, is
amended by adding at the end the following new section (and the table
of sections at the beginning of such subchapter is amended
accordingly):
``Sec. 1493. Notification to next of kin or other appropriate person:
timing; training
``(a) In General.--In the event of a death that requires the
Secretary of the military department concerned to provide a death
benefit under this subchapter, such Secretary shall notify the next of
kin or other appropriate person not later than four hours after such
death.
``(b) Death Outside the United States.--If a death described in
subsection (a) occurs outside the United States, the Secretary of
Defense, in coordination with the Secretary of State, shall attempt to
delay reporting, by the media of the country in which such death
occurs, of the name of the decedent until after the Secretary of the
military department concerned has notified the next of kin or other
appropriate person pursuant to subsection (a).
``(c) Training.--The Secretary of the military department concerned
shall include a training exercise regarding a death described in this
section in each major exercise or planning conference conducted by such
Secretary or the Secretary of Defense.''.
SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM CERTAIN SOURCES BY ENLISTED
MEMBERS.
(a) Authority.--Section 2601a of title 10, United States Code, is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) in the matter preceding subparagraph (A), as
redesignated, by striking ``This section applies to''
and inserting ``(1) A member described in this
paragraph is'';
(C) by adding at the end the following new
paragraph:
``(2) A member described in this paragraph is an enlisted member of
the armed forces.''; and
(2) in subsection (d)--
(A) by inserting ``(1)'' before ``The
regulations''; and
(B) by adding at the end the following new
paragraph:
``(2) A member described in subsection (b)(2) may not accept a
gift--
``(A) from a source described in paragraph (1);
``(B) solicited by the member;
``(C) that a reasonable person would believe was intended
to influence the member in the performance of duties as a
member; or
``(D) that a reasonable person would believe was intended
to supplement the pay of the member.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (b)(1)(C), as redesignated, by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(2) in subsection (c), by striking ``, (2) or (3)''; and
(3) in subsection (e), by striking ``subsection (b)(2)''
and inserting ``subsection (b)(1)(B)''.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY FOR A MEMBER
WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.
(a) Limitation.--Subsection (b) of section 2603 of title 10, United
States Code, is amended by adding at the end ``No such period may
exceed five years''.
(b) Retroactive Effect.--An agreement under such subsection, made
by a member of the Armed Forces on or before the date of the enactment
of this Act, may not require such member to serve on active duty for a
period longer than five years.
SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE SEPARATION BOARDS.
Subsection (c) of section 529B of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended
to read as follows:
``(c) Briefing; Report.--The Comptroller General shall submit to
the Committees on Armed Services of the Senate and House of
Representatives--
``(1) a briefing on preliminary results of the study
conducted under subsection (a) not later than December 27,
2022; and
``(2) a report on the final results of the study conducted
under subsection (a) not later than May 31, 2023.''.
SEC. 525. ELIMINATION OF TIME LIMIT FOR MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON THE BASIS
OF FAILURE TO RECEIVE COVID-19 VACCINE.
Section 736(a) of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note) is amended in the
matter preceding paragraph (1) by striking ``During the time period
beginning on August 24, 2021, and ending on the date that is two years
after the date of the enactment of this Act, any'' and inserting
``Any''.
SEC. 526. PROHIBITION ON USE OF PHOTOGRAPHS BY CERTAIN MILITARY
PROMOTION BOARDS.
(a) In General.--The Secretary of Defense shall ensure that no
military promotion record of a covered Armed Force includes any
official or unofficial photographs.
(b) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 527. GENDER-NEUTRAL FITNESS STANDARDS FOR COMBAT MILITARY
OCCUPATIONAL SPECIALTIES OF THE ARMY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall--
(1) establish gender-neutral fitness standards for combat
MOSs that are higher than those for non-combat MOSs; and
(2) provide a briefing to the Committees on Armed Services
of the Senate and House of Representatives setting forth--
(A) the list of combat MOSs described in paragraph
(1); and
(B) the methodology used to determine whether to
include an MOS on such list.
(b) MOS Defined.--In this section, the term ``MOS'' means a
military occupational specialty.
SEC. 528. RETENTION AND RECRUITMENT OF MEMBERS OF THE ARMY WHO
SPECIALIZE IN AIR AND MISSILE DEFENSE SYSTEMS.
(a) Study.--The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupational
specialties regarding air and missile defense systems of the Army.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report that identifies steps the Secretary of the Army may take to
improve such retention and recruitment.
(c) Implementation.--Not later than September 30, 2023, the
Secretary of the Army shall implement the steps identified in the
report under subsection (b).
SEC. 529. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN THE ARMY.
(a) Pilot Program.--Not later than January 1, 2024, the Secretary
of the Army shall implement a pilot program to test the use of a
software application to expedite in-processing and out-processing at
one or more military installations--
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) Application Requirements.--The software application shall
perform the following functions:
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel to
electronically sign forms.
(2) Reduce the number of hours required of covered
personnel for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of a
military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) Selection of Location.--In selecting a military installation
for the pilot program, the Secretary shall give priority to the
military installation that is the least popular according to
preferences of Army officers in the Active Duty Officer Assignment
Interactive Module.
(d) Termination.--The pilot program shall terminate on January 1st,
2027.
(e) Report.--Not later than January 1, 2026, the Secretary shall
submit to the Committees on Armed Services of the Senate and House of
Representatives a report regarding the pilot program, including the
recommendation of the Secretary whether to make the pilot program
permanent.
(f) Definitions.--In this section:
(1) The term ``covered personnel'' includes members of the
Army and civilian employees of the Department of the Army.
(2) The term ``in-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station.
(3) The term ``out-processing'' means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station, separation from the Army, or end
of employment with the Department of the Army.
SEC. 529A. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN
PUBLIC SECONDARY SCHOOLS.
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 military recruitment practices in public
secondary schools during calendar years 2018 through 2022, including--
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools by
zip code and local education agency.
SEC. 529B. ENLISTMENTS: COMPILATION OF DIRECTORY AND OTHER PROSPECTIVE
RECRUIT INFORMATION.
(a) Compilation of Prospective Recruit Information.--Section 503 of
title 10, United States Code, is amended--
(1) by striking the section designation and heading and
inserting the following:
``Sec. 503. Enlistments: recruiting campaigns; compilation of directory
and other prospective recruit information'';
(2) in subsection (a)(1), by striking ``Regular Army'' and
all that follows before the period at the end and inserting
``regular and reserve components of the armed forces'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Compilation of Other Prospective Recruit Information.--(1)
The Secretary of Defense may collect and compile other prospective
recruit information pertaining to individuals who are--
``(A) 17 years of age or older or in the eleventh
grade (or its equivalent) or higher; and
``(B) enrolled in a secondary school in the United
States (including its territories and possessions) or
the Commonwealth of Puerto Rico.
``(2) The Secretary may make prospective recruit
information collected and compiled under this subsection
available to the armed forces for military recruiting purposes.
Such information may not be disclosed for any other purpose.
``(3) Other prospective recruit information collected and
compiled under 1 this subsection shall be confidential, and a
person who has had access to such information may not disclose
the information except for the purposes described in paragraph
(2).
``(4) In this subsection, the term `prospective recruit
information' means information for use in identifying
prospective recruits, tailoring marketing efforts to reach the
primary recruit market, and measuring the return on investment
of ongoing marketing efforts. Citizens will be made aware of
the categories of personally identifiable information (PII), as
well as non-PII information, to be collected and the purposes
for which the categories of personal information are collected
and used. Categories of information may include, but are not
limited to--
``(A) identifiers (such as Internet Protocol
address, social media handles);
``(B) information about your connected devices and
how you interact with our apps and websites (such as
browser type, unique device identifier, cookie data,
and associated identifying and usage information);
``(C) demographic (such as date of birth, high
school or college graduation year, grade currently
enrolled in, citizenship, marital status, household
composition, or veteran or military status);
``(D) protected classification characteristics
under state or federal law (such as age and gender);
``(E) audio or video information (social media
content, photographs and videos shared on recruitment
digital properties, images and likeness captured at
events);
``(F) fitness activity data (for example, exercise
length, duration, activities); and
``(G) login and profile information, including
screen name, password and unique user ID for
recruitment digital properties.
``(5) The collection, use, and retention of a citizen's
personal information shall be reasonably necessary and
proportionate to military recruitment objectives.
``(6) Where possible, citizens will have the ability to
manage and/or opt-out of data collection via a clear and easy
to access process in compliance with state legislation.''.
(c) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendments made by this section.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of such 10 title is amended by striking the item relating to
section 503 and inserting the following new item:
``503. Enlistments: recruiting campaigns; compilation of directory and
other prospective recruit information.''.
SEC. 529C. CONTINUING MILITARY SERVICE FOR CERTAIN MEMBERS ELIGIBLE FOR
CHAPTER 61 RETIREMENT.
(a) In General.--Not later than one year after the date of the
enactment of this act, the Secretary of Defense shall prescribe
regulations that allow a covered member to continue to elect to serve
in the Armed Forces--
(1) in the current military occupational specialty of such
covered member, for which the covered member may not be
deployable; or
(2) in a military occupational specialty for which the
covered member is deployable.
(b) Rule of Construction.--A covered member who completes 20 years
of service computed under section 1208 of title 10, United States Code
shall not be denied any benefit under laws administered by the
Secretary of Defense or the Secretary of Veterans Affairs solely on the
basis that the covered member elected to continue to serve in the Armed
Forces instead of taking retirement under chapter 61 of title 10,
United States Code.
(c) Covered Member Defined.--In this section, the term ``covered
member'' means a member of the Armed Forces--
(1) whom the Secretary concerned determines possesses skill
or experience vital to the Armed Force concerned;
(2) who incurs a disability--
(A) while eligible for special pay under section
310 of title 37, United States Code; and
(B) that renders the member eligible for retirement
under chapter 61 of title 10, United States Code; and
(3) who elects to continue to serve in the Armed Forces
instead of such retirement.
SEC. 529D. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago 50
following the deadliest home front disaster in World War II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges brought
against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of each of the Port Chicago 50 sailors
to honorable discharges.
SEC. 529E. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION REGARDING
PROSPECTIVE RECRUITS.
Section 503(a) of title 10, United States Code, is amended adding
at the end the following new paragraphs:
``(3) PII regarding a prospective recruit collected or
compiled under this subsection shall be kept confidential, and
a person who has had access to such PII may not disclose the
information except for purposes of this section or other
purpose authorized by law.
``(4) In the course of conducting a recruiting campaign,
the Secretary concerned shall--
``(A) notify a prospective recruit of data
collection policies of the armed force concerned; and
``(B) permit the prospective recruit to elect not
to participate in such data collection.
``(5) In this subsection, the term `PII' means personally
identifiable information.''.
SEC. 529F. IMPLEMENTATION OF CERTAIN RECOMMENDATIONS REGARDING
SCREENING INDIVIDUALS WHO SEEK TO ENLIST IN THE ARMED
FORCES AND COUNTERING EXTREMIST ACTIVITY IN THE
DEPARTMENT OF DEFENSE.
(a) Enlistment Screening.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall implement the
seven recommendations of the Under Secretary of Defense for Personnel
and Readiness on page 2 of the report titled ``Screening Individuals
Who Seek to Enlist in the Armed Forces'', submitted to the Committees
on Armed Services of the Senate and House of Representatives on October
14, 2020.
(b) Countering Extremism.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall implement
six recommendations of the Countering Extremist Activity Working Group
on pages 15 through 18 on the report entitled ``Report on Countering
Extremist Activity Within the Department of Defense'' published in
December 2021.
SEC. 529G. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE MEMBERS
OF THE ARMED FORCES.
The Secretaries of the military departments shall share and
implement best practices (including use of civilian industry best
practices) regarding the use of retention and exit survey data to
identify barriers and lessons learned to improve the retention of
female members of the Armed Forces under the jurisdiction of such
Secretaries.
SEC. 529H. RECORD OF MILITARY SERVICE FOR MEMBERS OF THE ARMED FORCES.
(a) Standard Record of Service Required.--Chapter 59 of title 10,
United States Code, is amended by inserting after section 1168 the
following new sections:
``Sec. 1168a. Discharge or release: record of military service
``(a) Record of Service Required.--(1) The Secretary of Defense
shall establish and implement a standard record of military service for
all members of the armed forces (including the reserve components),
regarding all duty under this title, title 32, and title 14.
``(2) The record established under this section shall be known as
the `Certificate of Military Service'.
``(b) Nature and Scope.--A Certificate of Military Service shall--
``(1) provide a standardized summary of the service, in any
Federal duty status or on State active duty, in the armed
forces of a member of the armed forces;
``(2) be the same document for all members of the armed
forces; and
``(3) serve as the discharge certificate or certificate of
release from active duty for purposes of section 1168 of this
title.
``(c) Coordination.--In carrying out this section, the Secretary of
Defense shall coordinate with other Federal officers, including the
Secretary of Veterans Affairs, to ensure that a Certificate of Military
Service serves as acceptable proof of military service for receipt of
benefits under the laws administered by such Federal officers.''.
(b) Issuance to Members of Reserve Components.--Chapter 59 of such
title, as amended by subsection (a), is further amended by inserting
after section 1168a the following new section:
``Sec. 1168b. Record of military service: issuance to members of
reserve components
``An up-to-date record of military service under section 1168a of
this title shall be issued to a member of a reserve component as
follows:
``(1) Upon permanent change to duty status (including
retirement, resignation, expiration of a term of service,
promotion or commissioning as an officer, or permanent transfer
to active duty).
``(2) Upon discharge or release from temporary active duty
orders (minimum of 90 days on orders or 30 days for a
contingency operation).
``(3) Upon promotion to each grade beginning with--
``(A) O-3 for commissioned officers;
``(B) W-3 for warrant officers; and
``(C) E-4 for enlisted members.
``(4) In the case of a member of the National Guard, upon
any transfer to the National Guard of another State or
territory (commonly referred to as an `Interstate
Transfer').''.
(c) Conforming Amendments Related to Current Discharge Certificate
Authorities.--
(1) In general.--Subsection (a) of section 1168 of title
10, United States Code, is amended--
(A) by striking ``his discharge certificate or
certificate of release from active duty, respectively,
and his final pay'' and inserting ``the member's record
of military service under section 1168a of this title,
and the member's final pay''; and
(B) by striking ``him or his'' and inserting ``the
member or the member's''.
(2) Heading amendment.--The heading of such section 1168 is
amended to read as follows:
``Sec. 1168. Discharge or release from active duty: limitations;
issuance of record of military service''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 59 of such title is amended by striking the item relating to
section 1168 and inserting the following new items:
``1168. Discharge or release from active duty: limitations; issuance of
record of military service.
``1168a. Discharge or release: record of military service.
``1168b. Record of military service: issuance to members of reserve
components.''.
Subtitle D--Military Justice
SEC. 531. SEXUAL HARASSMENT INDEPENDENT INVESTIGATIONS AND PROSECUTION.
(a) Inclusion of Sexual Harassment in Offenses Subject to Authority
of Special Trial Counsel.--
(1) Definition of covered offense.--Section 801(17)(A) of
title 10, United States Code (article 1(17)(A) of the Uniform
Code of Military Justice), as added by section 533 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117-81), is amended--
(A) by striking ``or''; and
(B) by striking ``of this title'' and inserting ``,
or the standalone offense of sexual harassment
punishable under section 934 (article 134) of this
title''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect two years after the coming into effect of the
amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) as
provided in section 539C of that Act.
(b) Independent Investigation of Sexual Harassment.--
(1) Definitions.--Section 1561 of title 10, United States
Code, as amended by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81), is
amended--
(A) in subsection (a)--
(i) by striking ``or Space Force'' and
inserting ``Space Force, or Coast Guard''; and
(ii) by inserting ``or the Department of
Homeland Security (in the case of a matter
involving the Coast Guard when not operating as
a service in the Navy)'' after ``Department of
Defense''; and
(B) by amending subsection (e) to read as follows:
``(e) Definitions.--In this section:
``(1) The term `independent investigator' means a member of
the armed forces or a civilian employee of the Department of
Defense or the Department of Homeland Security (in the case of
a matter involving the Coast Guard when not operating as a
service in the Navy) who--
``(A) is outside the chain of command of the
complainant and the subject of the investigation; and
``(B) is trained in the investigation of sexual
harassment, as determined by--
``(i) the Secretary concerned, in the case
of a member of the armed forces;
``(ii) the Secretary of Defense, in the
case of a civilian employee of the Department
of Defense; or
``(iii) the Secretary of Homeland Security,
in the case of a civilian employee of the
Department of Homeland Security.
``(2) The term `sexual harassment' means conduct that
constitutes the offense of sexual harassment as punishable
under section 934 of this title (article 134) pursuant to the
regulations prescribed by the Secretary of Defense for purposes
of such section (article).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect immediately after the coming into effect of
the amendments made by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) as
provided in subsection (c) of that section.
SEC. 532. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.
(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) and amended by section 531, is further
amended by striking ``section 920 (article 120)'' and inserting
``section 919a (article 119a), section 920 (article 120),
section 920a (article 120a)''.
(2) 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) Amendments to the Rules for Courts Martial.--The President
shall prescribe in regulation such modifications to Rule 813 of the
Rules for Courts-Martial and other Rules as appropriate to ensure that
at the beginning of each court-martial convened, the presentation of
orders does not in open court specify the name, rank, or position of
the convening authority convening such court, unless such convening
authority is the Secretary concerned, the Secretary of Defense, or the
President.
(d) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House of
Representatives a briefing on the progress of the Department of Defense
in implementing this section, including an identification of--
(1) the duties to be transferred under subsection (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 and the Secretary of the
department in which the Coast Guard is operating (with respect to the
Coast Guard) shall submit to the appropriate congressional committees a
report assessing the holistic effect of the reforms contained in
subtitle D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117-81) on the military justice system.
The report shall include the following elements:
(1) 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.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 533. STANDARDS FOR IMPOSITION OF COMMANDING OFFICER'S NON-JUDICIAL
PUNISHMENT.
(a) Commanding Officer's Non-judicial Punishment.--
(1) In general.--Section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military Justice), is
amended--
(A) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(B) by inserting after subsection (b), the
following new subsection:
``(c)(1) Except as provided in paragraphs (2) and (3), a commanding
officer may not impose a punishment authorized in subsection (b)
unless, before the imposition of such punishment, the commanding
officer--
``(A) requests and receives legal guidance regarding the
imposition of such punishment from a judge advocate or other
legal officer of the armed force of which the commanding
officer is a member; and
``(B) provides the member who may be subject to such
punishment with an opportunity to consult appropriate legal
counsel.
``(2) Paragraph (1) shall not apply to the punishments specified in
subparagraphs (E) and (F) of subsection (b)(2).
``(3) A commanding officer may waive the requirements set forth in
subparagraphs (A) and (B) of paragraph (1), on a case by case basis, if
the commanding officer determines such a waiver is necessary on the
basis of operational necessity.''; and
(C) in subsection (f), as so redesignated, by
striking ``subsection (d)'' and inserting ``subsection
(e)''.
(2) Effective date and applicability.--The amendments made
by paragraph (1) shall take effect 180 days after the date of
the enactment of this Act and shall apply with respect to
punishments imposed under section 815 of title 10, United
States Code (article 15 of the Uniform Code of Military
Justice), on or after such effective date.
(3) Additional guidance required.--Not later than one year
after the date of the enactment of this Act, each Secretary
concerned shall prescribe regulations or issue other written
guidance with respect to non-judicial punishment under section
815 of title 10, United States Code (article 15 of the Uniform
Code of Military Justice) that--
(A)(i) identifies criteria to be considered when
determining whether a member of the armed forces is
attached to or embarked in a vessel for the purposes of
determining whether such member may demand trial by
court-martial in lieu of punishment under such section
(article); and
(ii) establishes a policy about the appropriate and
responsible invocation of such exception; and
(B) establishes criteria commanders must consider
when evaluating whether to issue a waiver under
subsection (c)(3) of such section (article) (as added
by paragraph (1) of this subsection) on the basis of
operational necessity.
(b) Modification of Annual Reports on Racial and Ethnic
Demographics in the Military Justice System.--Section 486(b) of title
10, United States Code, is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(9) with respect to principals on sea duty who were not
attached to or embarked in a vessel (as determined by the
Secretary of the Navy or the Secretary of the department in
which the Coast Guard is operating), the number of non-judicial
punishments proposed and finalized under section 815 of this
title (article 15 of the Uniform Code of Military Justice), in
total and disaggregated by--
``(A) whether the commanding officer imposing non-
judicial punishment requested and received legal
guidance regarding the imposition of such punishment
from a judge advocate or other legal officer of the
armed force of which the commanding officer is a
member;
``(B) whether the principal was provided the
opportunity to consult appropriate legal counsel; and
``(C) statistical category as related to the
principal; and
``(10) with respect to principals on sea duty who were
attached to or embarked in a vessel (as determined by the
Secretary of the Navy or the Secretary of the department in
which the Coast Guard is operating), the number of non-judicial
punishments proposed and finalized under section 815 of this
title (article 15 of the Uniform Code of Military Justice), in
total and disaggregated by--
``(A) whether the commanding officer imposing non-
judicial punishment requested and received legal
guidance regarding the imposition of such punishment
from a judge advocate or other legal officer of the
armed force of which the commanding officer is a
member;
``(B) whether the principal was provided the
opportunity to consult appropriate legal counsel; and
``(C) statistical category as related to the
principal.''.
SEC. 534. SPECIAL TRIAL COUNSEL OF THE AIR FORCE.
(a) In General.--Section 1044f of title 10, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``The policies shall'' and inserting ``Subject
to subsection (c), the policies shall'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Special Trial Counsel of Department of the Air Force.--In
establishing policies under subsection (a), the Secretary of Defense
shall--
``(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for the
establishment of a single dedicated office from which office
the activities of the special trial counsel of the Department
of the Air Force shall be supervised and overseen; and
``(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision
and oversight of the activities of the special trial counsel of
the Department of the Air Force.''.
(b) Effective Date.--The amendments made subsection (a) shall take
effect immediately after the coming into effect of the amendments made
by section 532 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117-81) as provided in section 539C of that Act.
SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS OF OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Military Crime Victims Financial Assistance Fund.--Chapter 53
of title 10, United States Code, is amended by inserting before section
1045 the following new section:
``Sec. 1044g. Military Crime Victims Financial Assistance Fund
``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the `Military Crime Victims
Financial Assistance Fund' (referred to in this section as the `Fund').
``(b) Administration of Fund.--The Secretary of the Treasury shall
administer the Fund consistent with the provisions of this section.
``(c) Deposits.--There shall be deposited in the Fund the
following:
``(1) Any amounts appropriated to the Fund.
``(2) Any amounts donated to the Fund.
``(d) Availability and Use of Fund.--Amounts in the Fund shall, to
the extent provided in appropriations Acts, be available solely for the
payment of financial assistance to victims of covered violent offenses
in accordance with the regulations prescribed under subsection (e).
``(e) Regulations.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall prescribe
regulations pursuant to which a victim of a covered violent offense may
apply for and receive financial assistance payments from the Fund. Such
regulations shall provide as follows:
``(1) A victim of a covered violent offense may apply to
the Fund for--
``(A) a standard payment;
``(B) a reimbursement payment; or
``(C) a standard payment and a reimbursement
payment.
``(2) A standard payment to a victim shall be a fixed
amount determined by the Secretary of Defense for each covered
violent offense.
``(3) A reimbursement payment to a victim shall be an
amount determined by the Secretary of Defense that is
sufficient to reimburse the victim for health care expenses,
travel expenses, and expenses for property damage resulting
from the covered violent offense, subject to such limits as the
Secretary may prescribe. A reimbursement payment may not be
made for any expenses for which a victim receives reimbursement
from other sources, including insurance claims.
``(4) An individual victim may receive not more than
$50,000 from the Fund per incident.
``(5) The eligibility of a victim to receive payments from
the Fund shall be subject to such terms, conditions, and other
requirements as the Secretary may prescribe.
``(6) The Secretary may not make a payment from the Fund if
the amount of such payment would exceed the amounts available
in the fund.
``(f) Annual Reports.--Not later than February 1 of each year, the
Secretaries concerned, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional committees a
report that includes--
``(1) a summary of the amounts deposited to and paid from
the Fund during the preceding year;
``(2) the number of victims who received payments from the
Fund during the preceding year, set forth separately for each
covered violent offense; and
``(3) an estimate of the amount of appropriations required,
if any, to maintain the solvency of the fund for the period of
two fiscal years following the date of the report.
``(g) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The congressional defense committees.
``(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
``(C) The Committee on Commerce, Science, and
Transportation of the Senate.
``(2) The term `covered violent offense' means--
``(A) an offense under section 918 (article 118),
section 919 (article 119), section 919a (article 119a),
section 920 (article 120), section 920b (article 120b),
section 920c (article 120c), section 922 (article 122),
section 925 (article 125), section 928 (article 128),
section 928a (article 128a), section 928b (article
128b), section 930 (article 130), or the standalone
offense of sexual harassment as punishable under
section 934 (article 134) of this title; or
``(B) an attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of
this title (article 880).
``(3) The term `victim' means individual who has suffered
direct physical, emotional, or pecuniary harm as a result of
the commission of a covered violent offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting before the item relating to
section 1045 the following new item:
``1044g. Military Crime Victims Financial Assistance Fund.''.
(c) Applicability.--Eligibility to receive a payment from the
Military Crime Victims Financial Assistance Fund under section 1044g of
title 10, United States Code (as added by subsection (a)), shall be
limited to individuals who--
(1) are victims of covered violent offenses that occur on
or after the date of the enactment of this Act; and
(2) apply for payment from the Fund after the effective
date of the regulations prescribed under subsection (e) of such
section 1044g.
(d) Progress Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
plans of the Secretary for implementing the Military Crime
Victims Financial Assistance Fund under section 1044g of title
10, United States Code (as added by subsection (a)).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 536. ADDRESSING SEX-RELATED OFFENSES AND SEXUAL HARASSMENT
INVOLVING MEMBERS OF THE NATIONAL GUARD.
(a) Addressing Certain Sex-related Offenses.--
(1) In general.--Chapter 80 of title 10, United States
Code, is amended by inserting after section 1561b the following
new section:
``Sec. 1561c. Addressing sex-related offenses and sexual harassment
involving members of the National Guard
``(a) In General.--An adjutant general who receives notice of an
allegation of a sex-related offense or sexual harassment committed by a
member of the National Guard under the jurisdiction of the adjutant
general shall, not later than 72 hours after receiving such notice--
``(1) report the allegation to the Chief of the National
Guard Bureau; and
``(2) ensure that the alleged victim is informed of the
availability of Special Victims' Counsel in accordance with
section 1044e of this title, as applicable.
``(b) Initial Report.--
``(1) Elements.--Each report under subsection (a)(1) shall
include the following:
``(A) A summary of the allegation.
``(B) Identification of--
``(i) the individual who is alleged to have
committed the offense;
``(ii) the alleged victim of the offense;
and
``(iii) the individual or entity that is
investigating the allegation.
``(C) A statement indicating whether the alleged
victim has been informed of the availability of legal
counsel in accordance with subsection (a)(2).
``(2) Late reports.--In the event that an adjutant general
submits a report required under subsection (a) after the
expiration of the 72-hour period specified in such subsection,
the report shall include--
``(A) the information specified in paragraph (1);
and
``(B) an explanation of the reasons the report was
not timely submitted.
``(c) Final Report.--Not later than 30 days after determining
whether or not to take action against a member of the National guard
accused of a sex-related offense or sexual harassment, the adjutant
general shall submit to the Chief of the National Guard Bureau a report
that includes--
``(1) the information described in subparagraphs (A) and
(B) of subsection (b)(1);
``(2) a description of any administrative, judicial, or
other action taken against the member; and
``(3) if no such action was taken, an explanation of the
reasons the adjutant general declined to take such action.
``(d) Applicability.--The requirements of this section shall apply
with respect to an allegation of a sex-related offense or sexual
harassment of which an adjutant general receives notice after the date
of the enactment of this section without regard to--
``(1) the jurisdiction in which the offense occurred; or
``(2) whether prosecution for the offense would be time
barred by a statute of limitations.
``(e) Definitions.--In this section:
``(1) The term `sex-related offense' means an alleged sex-
related offense (as defined in section 1044e(h) of this title).
``(2) The term `sexual harassment' means the offense of
sexual harassment as punishable under section 934 of this title
(article 134 of the Uniform Code of Military Justice) pursuant
to the regulations prescribed by the Secretary of Defense for
purposes of such section (article).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1561b the following new item:
``1561c. Addressing sex-related offenses and sexual harassment
involving members of the National Guard.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect immediately after the effective date of the amendments made
by part 1 of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81) as provided
in section 539C of that Act.
(c) Implementation.--The Secretary of Defense shall prescribe
regulations implementing section 1561c of title 10, United States Code,
as added by subsection (a).
SEC. 537. PROHIBITION ON SHARING OF INFORMATION ON DOMESTIC VIOLENCE
INCIDENTS.
Section 1562 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Prohibition on Sharing of Certain Information.--
``(1) In general.--In a case in which the information
maintained and reported by the Secretary of a military
department under subsection (b) includes the findings of an
Incident Determination Committee, the Secretary may not share
such findings with any party other than the administrator of
the database under subsection (a).
``(2) Waiver.--The Secretary of Defense may waive the
prohibition under paragraph (1) on a case-by-case basis if the
Secretary determines that it is necessary to share the findings
of an Incident Determination Committee with a member of the
Armed Forces or a civilian employee of the Department of
Defense acting within the scope of their official duties.
``(3) Incident determination committee defined.--In this
subsection, the term `Incident Determination Committee' means a
committee established at a military installation that is
responsible for reviewing a reported incident of domestic
violence and determining whether such incident constitutes
serious harm to the victim according to the applicable criteria
of the Department of Defense.''.
SEC. 538. MANDATORY NOTIFICATION OF MEMBERS OF THE ARMED FORCES
IDENTIFIED IN CERTAIN RECORDS OF CRIMINAL INVESTIGATIONS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain records of
criminal investigations
``(a) Notification of Inclusion in MCIO Records.--As soon as
practicable after the conclusion of a criminal investigation for which
a military criminal investigative organization is the lead
investigative agency, the head of such organization shall provide, to
any member or a former member of the armed forces and reserve
components who is designated in the records of the organization as a
subject of such investigation, written notice of such designation.
``(b) Initial Notification of Previous Inclusion in MCIO Records.--
Not later than 180 days after the date of the enactment of this
section, the head of each military criminal investigative organization
shall provide, to any member or former member of the armed forces and
reserve components who is designated after January 1, 2011 in the
records of the organization as a subject of a criminal investigation
that is closed as of such date, written notice of such designation.
``(c) Contents of Notice.--Each notice provided under subsection
(a) and (b) shall include the following information--
``(1) The date on which the member was designated as a
subject of a criminal investigation in the records of the
military criminal investigative organization.
``(2) Identification of each crime for which the member was
investigated, including a citation to each provision of chapter
47 of this title (the Uniform Code of Military Justice) that
the member was suspected of violating, if applicable.
``(3) Instructions on how the member may seek removal of
the record in accordance with subsection (d).
``(d) Removal of Record.--The Secretary of Defense shall--
``(1) establish a process through which a member of the
armed forces and reserve components who receives a notice under
subsection (a) or (b) may request the removal of the record
that is the subject of such notice; and
``(2) issue uniform guidance, applicable to all military
criminal investigative organizations, specifying the conditions
under which such a record may be removed.
``(f) On-going and Sensitive Investigations.--The head of a
military criminal investigative organization may waive the notification
requirements of this section if such head determines that a
notification made pursuant to this section would--
``(1) endanger any witness or victim of the offense under
investigation;
``(2) disclose the existence of an intelligence or
counterintelligence investigation; or
``(3) compromise or reveal any other on-going criminal
investigation.
``(e) Military Criminal Investigative Organization Defined.--In
this section, the term `military criminal investigative organization'
means any organization or element of the Department of Defense or an
armed force that is responsible for conducting criminal investigations,
including--
``(1) the Army Criminal Investigation Command;
``(2) the Naval Criminal Investigative Service;
``(3) the Air Force Office of Special Investigations;
``(4) the Coast Guard Investigative Service; and
``(5) the Defense Criminal Investigative Service.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain
records of criminal investigations.''.
SEC. 539. SENTENCING PARAMETERS UNDER THE UNIFORM CODE OF MILITARY
JUSTICE FOR HATE CRIMES.
Section 539E(e)(2)(A)(ii) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 856 note) is amended
by inserting ``(including whether the offense is described in section
249 of title 18)'' after ``district court''.
SEC. 539A. LIMITATION ON AVAILABILITY OF FUNDS FOR RELOCATION OF ARMY
CID SPECIAL AGENT TRAINING COURSE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2023 for the Army
may be obligated or expended to relocate an Army CID special agent
training course until--
(1)(A) the Secretary of the Army submits to the Committees
on Armed Services of the Senate and the House of
Representatives--
(i) the evaluation and plan required by subsection
(a) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-
81; 135 Stat. 1724);
(ii) the implementation plan required by subsection
(b) of such section; and
(iii) a separate report on any plans of the
Secretary to relocate an Army CID special agent
training course, including an explanation of the
business case for any transfer of training personnel
proposed as part of such plan;
(B) the Secretary provides to the Committee on Armed
Services of the House of Representatives a briefing on the
contents of each report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House of
Representatives indicating that the Army has fully complied
with subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117-81; 135
Stat. 1724) with regard to locations at which military criminal
investigative training is conducted.
(b) Definitions.--In this section:
(1) The term ``relocate'', when used with respect to an
Army CID special agent training course, means the transfer of
such course to a location different than the location used for
such course as of the date of the enactment of this Act.
(2) The term ``Army CID special agent training course''
means a training course provided to members of the Army to
prepare such members for service as special agents in the Army
Criminal Investigation Division.
SEC. 539B. RECOMMENDATIONS FOR SENTENCING OF MARIJUANA-BASED OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Recommendations.--The Military Justice Review Panel shall
develop recommendations specifying appropriate sentencing ranges for
offenses involving the use and possession of marijuana under chapter 47
of title 10, United States Code (the Uniform Code of Military Justice).
In developing such recommendations, the Military Justice Review Panel
shall consider--
(1) how the sentences typically imposed for marijuana-based
offenses under such chapter compare to the sentences typically
imposed for other comparable offenses, such as offenses
involving the misuse of alcohol;
(2) the overall burden on the military justice system of
the current approach of the Department of Defense to sentencing
marijuana-based offenses under such chapter; and
(3) the historically discriminatory manner in which laws
related to marijuana offenses have been enforced, the potential
for the continued discriminatory application of the law
(whether intentional or unintentional), and recommendations for
actions that can be taken to minimize the risk of such
discrimination.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Military Justice Review Panel shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a report that includes the recommendations developed
under subsection (a).
SEC. 539C. REPORT ON SHARING INFORMATION WITH COUNSEL FOR VICTIMS OF
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
(referred to in this section as the ``Advisory Committee'') shall
submit to the appropriate congressional committees and each Secretary
concerned a report on the feasibility and advisability of establishing
a uniform policy for the sharing of the information described in
subsection (c) with a Special Victims' Counsel, Victims' Legal Counsel,
or other counsel representing a victim of an offense under chapter 47
of title 10, United States Code (the Uniform Code of Military Justice).
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a
policy on--
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and advisable, a
description of--
(A) the stages of the military justice process at
which the information described in subsection (c)
should be made available to counsel representing a
victim; and
(B) any circumstances under which some or all of
such information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) Information Described.--The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person or
property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(3) Any medical record of the victim that is in the
possession of investigators or the Government.
(d) Definitions.--In this section--
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
SEC. 539D. PUBLIC AVAILABILITY OF MILITARY COMMISSION PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military commission under
this chapter that is made open to the public, the military judge may
order arrangements for the availability of the proceeding to be watched
remotely by the public through the internet.''.
SEC. 539E. REVIEW AND REPORT ON THE DEFINITION OF CONSENT FOR PURPOSES
OF THE OFFENSES OF RAPE AND SEXUAL ASSAULT UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Evaluation and Review.--Not later than 30 days after the date
of the enactment of this Act, the Joint Service Committee on Military
Justice shall commission a comprehensive evaluation and review of the
definition of consent, as set forth in section 920(g)(7) of title 10,
United States Code (article 120(g)(7) of the Uniform Code of Military
Justice).
(b) Elements.--The review and evaluation conducted under subsection
(a) shall assess how the definition of consent set forth in section
920(g)(7) of title 10, United States Code (article 120(g)(7) of the
Uniform Code of Military Justice) can be--
(1) expanded to require knowledgeable and informed
agreement, freely entered into, without any malicious factors
or influences such as force, coercion, fear, fraud or false
identity, or exploitation of a person's incapacity;
(2) enhanced through consultation with other recognized
standards for the definition of such term; and
(3) clarified to state clearly that--
(A) the circumstances surrounding an incident of
sexual contact are irrelevant when malicious factors
induced compliance;
(B) consent for a sexual act does not constitute
consent for all sexual acts; and
(C) consent is revocable by either party during
sexual conduct.
(c) Report.--Not later than 180 days after the commencement of the
evaluation and review under subsection (a), the Joint Service Committee
on Military Justice shall submit to the congressional defense
committees a report on the results of the evaluation and review.
SEC. 539F. STANDARDS AND REPORTS RELATING TO CASES OVERSEEN BY MILITARY
CRIMINAL INVESTIGATIVE ORGANIZATIONS.
(a) Standards Required.--
(1) In general.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall develop
and implement uniform standards applicable to the military
criminal investigative organizations of the Department of
Defense that--
(A) establish processes and procedures for the
handling of cold cases;
(B) specify the circumstances under which a case
overseen by such an organization shall be referred to
the Inspector General of the Department of Defense for
review; and
(C) establish procedures to ensure that, in the
event an investigator transfers out of such an
organization or otherwise ceases to be an investigator,
the cases overseen by such investigator are transferred
to a new investigator within the organization.
(2) Report.--Not later than 90 days after the date of the
enactment of this Act the Secretary of Defense shall submit to
Congress a report on the standards developed under paragraph
(1).
(3) Implementation.--Following the submittal of the report
under paragraph (2), but not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
implement the standards developed under paragraph (1).
(b) Report Establishment of Cold Case Unit in the Army.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Army shall submit to Congress a report on the
feasibility of establishing a cold case unit in the Army Criminal
Investigation Division that is similar to the cold case units operating
within the Naval Criminal Investigative Service and the Air Force
Office of Special Investigations.
Subtitle E--Other Legal Matters
SEC. 541. CLARIFICATIONS OF PROCEDURE IN INVESTIGATIONS OF PERSONNEL
ACTIONS TAKEN AGAINST MEMBERS OF THE ARMED FORCES IN
RETALIATION FOR PROTECTED COMMUNICATIONS.
(a) In General.--Subparagraphs (D) and (E) of paragraph (4) of
section 1034(c) of title 10, United States Code, is amended to read as
follows:
``(D)(i) Upon determining that an investigation of an allegation
under paragraph (1) is warranted, the Inspector General making the
determination shall expeditiously investigate the allegation to
determine whether the protected communication or activity under
subsection (b) was a contributing factor in the personnel action
prohibited under subsection (b) that was taken or withheld (or
threatened to be taken or withheld) against a member of the armed
forces.
``(ii) In the case of a determination made by the Inspector General
of the Department of Defense, that Inspector General may delegate
responsibility for the investigation to an appropriate Inspector
General of a military department.
``(iii) The member alleging the prohibited personnel action may use
circumstantial evidence to demonstrate that the protected communication
or activity under subsection (b) was a contributing factor in the
personnel action prohibited under subsection (b). Such circumstantial
evidence may include that the person taking such prohibited personnel
action knew of the protected communication or activity, and that the
prohibited personnel action occurred within a period of time such that
a reasonable person could conclude that the communication or protected
activity was a contributing factor in the personnel action.
``(iv) If the Inspector General determines it likelier than not
that the member made a communication or participated in an activity
protected under subsection (b) that was a contributing factor in a
personnel action described in such subsection, the Inspector General
shall presume such personnel action to be prohibited under such
subsection unless the Inspector General determines there is clear and
convincing evidence that the same personnel action would have occurred
in the absence of such protected communication or activity.
``(E) If the Inspector General preliminarily determines in an
investigation under subparagraph (D) that a personnel action prohibited
under subsection (b) has occurred and that such personnel action shall
result in an immediate hardship to the member alleging the personnel
action, the Inspector General shall promptly notify the Secretary of
the military department concerned or the Secretary of Homeland
Security, as applicable, of the hardship, and such Secretary shall take
such action as such Secretary determines appropriate.''.
(b) Technical Amendments.--Such paragraph is further amended in
subparagraphs (A) and (B) by striking ``subsection (h)'' both places it
appears and inserting ``subsection (i)''.
SEC. 542. PRIMARY PREVENTION OF VIOLENCE.
(a) Annual Primary Prevention Research Agenda.--Section 549A(c) of
the National Defense Authorization Act for Fiscal Year 2022 (Public Law
117-81l 10 U.S.C. 1561 note) is amended--
(1) 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
sexual assault, sexual harassment, or domestic violence more
than others;
``(3) seek to identify factors that influence the
prevention, perpetration, and victimization of sexual assault,
sexual harassment, and domestic violence;
``(4) seek to improve the collection and dissemination of
data on hazing and bullying related to sexual assault, sexual
harassment, and domestic 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; 10
U.S.C. 501 note) 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 the National Defense
Authorization Act for Fiscal Year 2023, the Comptroller General
of the United States shall submit to the appropriate
congressional committees a report comparing the sexual
harassment and prevention training of the Department of Defense
with similar programs at other Federal departments and agencies
and including data collected by colleges and universities and
other relevant outside entities.''; and
(2) by adding at the end the following new subsections:
``(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.
``(f) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means the
following:
``(1) The Committees on Armed Services of the Senate and
House of Representatives.
``(2) The Committees on Appropriations of the Senate and
House of Representatives.
``(3) The Committee on Committee on Homeland Security and
Governmental Affairs of the Senate.
``(4) The Committee on Oversight and Reform of the House of
Representatives.''.
SEC. 543. TREATMENT OF CERTAIN COMPLAINTS FROM MEMBERS OF THE ARMED
FORCES.
(a) Regulations Required.--Not later than 180 days after the date
of the enactment of this Act, each Secretary of a military department
shall issue regulations implementing subsections (b) and (c).
(b) Mandatory IG Investigation of Certain Complaints.--
(1) Inspector general investigation.--A complaint described
in paragraph (2) from a member an Armed Force under the
jurisdiction of the Secretary of a military department--
(A) may be investigated only by the Inspector
General of the Armed Force or military department
concerned; and
(B) may not be referred to an individual in the
chain of command of the complainant for investigation.
(2) Complaint described.--A complaint described in this
paragraph--
(A) is a complaint alleging that there was a
violation of a Department of Defense policy relating to
the investigation, processing, or other administrative
treatment of a report sexual assault, sexual
harassment, or domestic violence; and
(B) does not include a complaint alleging an actual
act of sexual harassment, sexual assault, or domestic
violence.
(c) Opportunity to Withdraw Complaints Before Referral to Chain of
Command.--
(1) Notice an opportunity to withdraw.--An Inspector
General of an Armed Force or military department who is in
receipt of a complaint that is eligible for referral to the
chain of command of the complainant may refer such complaint to
the chain of command only if the Inspector General--
(A) notifies the complainant of the intent of the
Inspector General to make such referral; and
(B) provides the complainant with the opportunity
to withdraw the complaint during the period of 10 days
following the issuance of such notice.
(2) Effect of withdrawal.--If a complainant withdraws a
complaint pursuant to paragraph (1)(B), the Inspector General
may not refer the complaint to an individual in the
complainant's chain of command and there shall be no further
investigation of the complaint.
SEC. 544. PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR VICTIMS OF DOMESTIC
VIOLENCE.
(a) In General.--Beginning not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall carry out
a pilot program under which the Secretary makes grants, on a
discretionary basis, to qualified victims of domestic violence to
assist such victims in seeking refuge from an abuser.
(b) Disbursement.--A grant under subsection (a) may be disbursed--
(1) as a single, lump sum payment; or
(2) in multiple payments at such times and in such amounts
as the Secretary determines appropriate.
(c) Maximum Amount.--A qualified victim of domestic violence may
receive not more than a total of $7,500 in grants under subsection (a)
during the victim's lifetime.
(d) Report.--Not later than one year prior to the termination date
specified in subsection (e), the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report that--
(1) evaluates the effectiveness of the pilot program under
this section;
(2) indicates whether the pilot program should be continued
or expanded;
(3) takes into account voluntary feedback from program
recipients and relevant Department staff, including direct
testimonials about their experiences with the program and ways
in which they think it could be improved; and
(4) examines other potential actions that arise during the
course of the program that the Department could take to further
protect the safety of program participants and eligible
individuals, as the Secretary determines appropriate.
(e) Termination.--The authority to carry out the pilot program
under this section shall terminate six years after the date of the
enactment of this Act.
(f) Regulations.--The Secretary of Defense shall prescribe
regulations implementing this section.
(g) Definitions.--In this section:
(1) The term ``domestic violence'' means an act described
in section 928b of title 10, United States Code (article 128b
of the Uniform Code of Military Justice).
(2) The term ``qualified victim of domestic violence''
means an individual who meets the following criteria:
(A) The individual is a member of an Armed Force or
a spouse, intimate partner, or immediate family member
of a member of an Armed Force.
(B) The individual reported an incident of domestic
violence to an organization or element of the
Department of Defense or to a civilian law enforcement
organization.
(C) The individual or a dependent of that
individual was an alleged victim of such incident.
(D) The individual demonstrates--
(i) an intent to seek refuge from the
alleged abuser; and
(ii) a need for financial assistance.
SEC. 545. AGREEMENTS WITH CIVILIAN VICTIM SERVICE AGENCIES.
(a) Guidance Required.--The Secretary of Defense, in consultation
with the Secretaries of the military departments and the Secretary of
the department in which the Coast Guard is operating (with respect to
the Coast Guard), shall issue guidance pursuant to which installation
commanders may enter into memoranda of understanding with qualified
victim service agencies for purposes of providing services to victims
of sexual assault in accordance with subsection (b).
(b) Contents of Agreement.--A memorandum of understanding entered
into under subsection (a) shall provide that personnel of the sexual
assault prevention and response program at a military installation may
refer a victim of sexual assault to a qualified civilian victim service
agency if such personnel determine that such a referral would benefit
the victim.
(c) Victim Service Agency Defined.--In this section, the term
``victim service agency'' means an agency which may provide legal
services, counseling, or safe housing.
SEC. 546. ACTIVITIES TO IMPROVE INFORMATION SHARING AND COLLABORATION
ON MATTERS RELATING TO THE PREVENTION OF AND RESPONSE TO
DOMESTIC ABUSE AND CHILD ABUSE AND NEGLECT AMONG MILITARY
FAMILIES.
(a) Enhancement of Activities for Awareness of Military Families
Regarding Family Advocacy Programs and Other Similar Services.--
(1) Pilot program on information on faps for families.--The
Secretary of Defense shall carry out a pilot program to assess
the feasibility and advisability of various mechanisms to
inform families about the Family Advocacy Programs and
resiliency training of the covered Armed Forces during command
orientation and during enrollment in the Defense Enrollment
Eligibility Reporting System. The matters assessed by the pilot
program shall include the following:
(A) An option for training of family members on the
Family Advocacy Programs.
(B) The provision to families of information on the
resources available through the Family Advocacy
Programs.
(C) The availability through the Family Advocacy
Programs of both restricting and unrestricted reporting
on incidents of domestic abuse.
(D) The provision to families of information on the
Military OneSource program of the Department of
Defense.
(E) The provision to families of information on
resources relating to domestic abuse and child abuse
and neglect that are available through local community
service organizations.
(F) The availability of the Military and Family
Life Counseling Program.
(2) Outreach on fap and similar services for military
families.--Each Secretary of a military department shall
improve the information available to military families under
the jurisdiction of such Secretary that are the victim of
domestic abuse or child abuse and neglect in order to provide
such families with comprehensive information on the services
available to such families in connection with such violence and
abuse and neglect. The information so provided shall include a
complete guide to the following:
(A) The Family Advocacy Program of the covered
Armed Force or military department concerned.
(B) Military law enforcement services, including
the process following a report of an incidence of
domestic abuse or child abuse or neglect.
(C) Other applicable victim services.
(b) Improvement of Collaboration in Domestic Abuse Prevention
Services.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, Department of Defense Instruction
6400.01, relating to the Family Advocacy Program of the
Department of Defense, shall be modified to enhance
collaboration among the programs and entities specified in
paragraph (2) for the purpose of leveraging the expertise and
resources of such programs and components to order to improve
the availability and scope of domestic abuse prevention
services for military families.
(2) Programs and entities.--The programs and entities
specified in this paragraph are the following:
(A) The Family Advocacy Program of the Department
of Defense.
(B) The Sexual Assault Prevention and Response
Office of the Department of Defense.
(C) The Defense Suicide Prevention Office.
(D) The Defense Equal Opportunity Management
Institute.
(E) The Defense Health Agency.
(F) The substance abuse prevention programs and
entities of the covered Armed Forces.
(G) Relevant programs and entities of the
Department of Veterans Affairs.
(H) Civilian organizations with missions relevant
to domestic abuse prevention, including community
health and social services organizations.
(I) Such other programs and entities as the
Secretary of Defense considers appropriate.
(c) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 547. INSPECTOR GENERAL INVESTIGATION INTO DISCRIMINATION AGAINST
MEMBERS AND EMPLOYEES OF MIDDLE EASTERN AND NORTH AFRICAN
DESCENT.
(a) Investigation.--The Assistant Inspector General for Diversity
and Inclusion of the Department of Defense shall conduct an
investigation into discrimination faced by members of the Armed Forces,
and civilian employees of the Department, who are of Middle Eastern or
North African descent.
(b) Report.--Not later than one year after the date of the
enactment of this Act, Assistant Inspector General shall submit to the
Committees on Armed Services of the House of Representatives and Senate
a report containing the results of such investigation.
SEC. 548. TIME LIMIT FOR PROCESSING CERTAIN ADMINISTRATIVE COMPLAINTS.
(a) In General.--Chapter 80 of title 10, United States Code, is
amended by inserting after section 1561b the following new section:
``Sec. 1561c. Processing a harassment or military equal opportunity
complaint
``(a) Time Limit.--An official authorized to take final action on a
complaint from a member of the armed forces of harassment or prohibited
discrimination shall ensure the procedures and requirements for the
complaint are completed within 180 days after the date on which any
supervisor or designated office received the complaint.
``(b) Judicial Review.--
``(1) Pursuant to section 706(1) of title 5, United States
Code, a member of the armed forces may seek an order in a court
of the United States directing the Secretary concerned to take
final action or provide a written explanation no later than 30
days after the court enters its order, if an authorized
official does not--
``(A) take final action on a complaint under
subsection (a) within 180 days; or
``(B) provide the member a written explanation of
the final action taken on a complaint under subsection
(a).
``(2) Pursuant to section 706(2) of title 5, United States
Code, and no later than 30 days after a member of the armed
forces receives a written explanation of the final action taken
on a complaint under subsection (a), the member may seek review
of the action in a court of the United States.
``(c) Report.--Not later than April 1 each year, the Secretary
concerned shall submit to the appropriate congressional committees a
report of the total number of court orders sought under subsection (b)
and orders granted by such courts.
``(d) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The Committee on Armed Services of the House
of Representatives.
``(B) The Committee on Armed Services of the
Senate.
``(C) The Committee on Transportation and
Infrastructure of the House of Representatives.
``(D) The Committee on Commerce, Science, and
Transportation of the Senate.
``(2) The term `complaint' means an allegation or report of
harassment or prohibited discrimination.
``(3) The term `designated office' means a military equal
opportunity office or an office of the inspector general or
staff judge advocate, and any other departmental office
authorized by the Secretary concerned to receive harassment and
prohibited discrimination complaints.
``(4) The term `harassment' means behavior that is
unwelcome or offensive to a reasonable person, whether oral,
written, or physical, that creates an intimidating, hostile, or
offensive environment.
``(5) The term `prohibited discrimination' means unlawful
discrimination, including disparate treatment, of an individual
or group on the basis of race, color, national origin,
religion, sex (including pregnancy), gender identity, or sexual
orientation.
``(6) The term `member of the armed forces' means a member
of an armed force serving on active duty.
``(7) The term `supervisor' means a member of the armed
forces in charge or command of other members of the armed
forces or a civilian employee (as defined in section 2105 of
title 5, United States Code) authorized to direct and control
service members.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1561b the following new item:
``1561c. Processing a harassment or military equal opportunity
complaint.''.
SEC. 549. REVIEW AND REPORT ON ADMINISTRATION OF SEXUAL HARASSMENT
CLAIMS.
(a) Review.--The Secretary of Defense shall review the practices of
the Department of Defense pertaining to the administration of sexual
harassment claims. As part of the review, the Secretary shall--
(1) assess the efforts of the Department to prevent sexual
harassment and protect members of the Armed Forces who submit
sexual harassment claims; and
(2) compile data and research on the prevalence of sexual
harassment in the military, including--
(A) the number of sexual harassment incidents
reported;
(B) the number and percentage of such reports that
resulted in the initiation of legal proceedings against
the alleged perpetrator; and
(C) the number and percentage of such cases leading
to convictions or other adverse action against the
alleged perpetrator.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the review
conducted under subsection (a).
SEC. 549A. INTERAGENCY TASK FORCE TO PROTECT MEMBERS, VETERANS, AND
MILITARY FAMILIES FROM FINANCIAL FRAUD.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall establish an Interagency Task
Force on Financial Fraud targeting members of the Armed Forces and
veterans (referred to in this section as the ``Task Force'').
(b) Membership.--The Task Force established under this section
shall include representatives from the following:
(1) The Department of Defense.
(2) The Department of Veterans Affairs,
(3) The Federal Trade Commission.
(4) The Consumer Financial Protection Bureau.
(5) The Department of Justice.
(6) The Federal Communications Commission.
(7) The Postal Inspection Service.
(8) Three representatives, appointed by the Secretary of
Defense in consultation with the Secretary of the Department of
Veterans Affairs, of non-governmental organizations (at least
one of whom is a representative of a veterans' service
organization) with expertise in identifying, preventing, and
combatting financial fraud targeting members of the Armed
Forces, veterans, and military families.
(c) Consultation.--The Task Force shall regularly consult with the
following:
(1) Members of the Armed Forces, veterans, and members of
military families that have been victims of financial fraud.
(2) Relevant Federal agencies and departments that are not
represented on the Task Force.
(3) Other relevant public and private sector stakeholders,
including State and local law enforcement agencies, financial
services providers, technology companies, and social media
platforms.
(d) Meetings.--The Task Force shall not meet less frequently than
three times per calendar year.
(e) Purpose.--The purpose of the Task Force is to identify and
examine current and developing methods of financial fraud targeting
members of the Armed Forces, veterans, and military families and issue
recommendations to enhance efforts undertaken by Federal agencies to
identify, prevent, and combat such financial fraud.
(f) Duties.--The duties of the Task Force shall include the
following:
(1) Collecting and reviewing robust data pertaining to
medical billing, credit reporting, debt collection, and other
serious financial challenges facing members of the Armed
Forces, veterans, and military families.
(2) Identifying and reviewing current methods of financial
exploitation targeting members of the Armed Forces, veterans,
and military families, including--
(A) imposter or phishing scams;
(B) investment-related fraud;
(C) pension poaching;
(D) veterans benefit fraud;
(E) fraudulent offers pertaining to employment or
business opportunities;
(F) predatory lending;
(G) veteran charity schemes;
(H) foreign money offers and fake check scams;
(I) mortgage foreclosure relief and debt management
fraud;
(J) military allotment system abuse; and
(K) military records fraud.
(3) Identifying and evaluating the new financial risks that
emerging financial technologies, including buy-now-pay-later
credit and digital payment ecosystems, may present to members
of the Armed Forces, veterans, and military families.
(4) Evaluating the efficacy of current Federal programs,
educational campaigns, policies, and statutes, including the
Military Lending Act and the Servicemembers Civil Relief Act,
in preventing and combatting financial fraud targeting members
of the Armed Forces, veterans, and military families.
(5) Developing recommendations to enhance efforts of
Federal agencies to detect, prevent, and combat financial fraud
targeting members of the Armed Forces, veterans, and military
families.
(g) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Task Force shall
submit to the appropriate congressional committees a report on its
findings to date and recommendations to enhance the efforts of Federal
agencies to identify, prevent, and combat financial fraud targeting
members of the Armed Forces, veterans, and military families.
(h) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The Committee on Oversight and Reform of the House of
Representatives.
(2) The Committee on Armed Services of the House of
Representatives.
(3) The Committee on Veterans' Affairs of the House of
Representatives.
(4) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(5) The Committee on Armed Services of the Senate.
(6) The Committee on Veterans' Affairs of the Senate.
SEC. 549B. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR AUTHORIZATION.
Section 271 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Notwithstanding any other provision of law, any information
obtained by or with the assistance of a member of the Armed Forces in
violation of section 1385 of title 18, shall not be received in
evidence in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or a political subdivision thereof.''.
Subtitle F--Member Education
SEC. 551. INCREASE IN MAXIMUM NUMBER OF STUDENTS ENROLLED AT UNIFORMED
SERVICES UNIVERSITY OF THE HEALTH SCIENCES.
Section 2114(f)(2) of title 10, United States Code, is amended by
striking ``40'' and inserting ``60''.
SEC. 552. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY SERVICE ACADEMY
FOUNDATIONS.
(a) In General.--Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end the
following new section:
``Sec. 2246. Authorization of certain support for military service
academy foundations
``(a) Authority.--Subject to subsection (b), the Secretary of the
military department concerned may provide the following support to a
covered foundation:
``(1) The use, on an unreimbursed basis, of facilities or
equipment of the United States by the covered foundation,
authorized by any--
``(A) general or flag officer;
``(B) Senior Executive Service employee assigned to
the Service Academy supported by that covered
foundation; or
``(C) official designated by the Secretary
concerned.
``(2) Endorsement by an individual described in paragraph
(1) of--
``(A) the covered foundation;
``(B) an event of the covered foundation; or
``(C) an activity of the covered foundation.
``(b) Limitations.--Support under subsection (a) may be provided
only if such support--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or
employee of the military department concerned, or any member of
the armed forces, to carry out any responsibility or duty in a
fair and objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned,
or any individual involved in such a program; and
``(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at an
event of the covered foundation.
``(c) Briefing.--In any fiscal year during which support is
provided under subsection (a), the Secretary of the military department
concerned shall provide a briefing not later than the last day of that
fiscal year to the congressional defense committees regarding the
number of events or activities of a covered foundation in which an
individual described in subsection (a)(1) participated during such
fiscal year.
``(d) Definitions.--In this section:
``(1) The term `covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, that the
Secretary concerned determines operates exclusively to support,
with respect to a Service Academy, any of the following:
``(A) Recruiting.
``(B) Parent or alumni development.
``(C) Academic, leadership, or character
development.
``(D) Institutional development.
``(E) Athletics.
``(2) The term `Service Academy' has the meaning given such
term in section 347 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to item
2245 the following new item:
``2246. Authorization of certain support for military service academy
foundations.''.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT
CONSTITUTES A BREACH OF SERVICE OBLIGATION.
(a) United States Military Academy.--Section 7448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) The cadet may not obtain employment, including as a
professional athlete, until after completing the cadet's
commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete is not eligible for the
alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete before completing the cadet's commissioned service
obligation has breached an agreement under such subsection;''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(b) United States Naval Academy.--Section 8459 of title 10, United
States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) The midshipman may not obtain employment, including
as a professional athlete, until after completing the
midshipman's commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A midshipman who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete is not eligible for the
alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a midshipman who obtains employment as a
professional athlete before completing the midshipman's
commissioned service obligation has breached an agreement under
such subsection;''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a midshipman''; and
(B) by striking ``officer's'' and inserting
``midshipman's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
(c) United States Air Force Academy.--Section 9448 of title 10,
United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read as
follows:
``(5) The cadet may not obtain employment, including as a
professional athlete, until after completing the cadet's
commissioned service obligation.''.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
``(4) A cadet who violates paragraph (5) of subsection (a) by
obtaining employment as a professional athlete is not eligible for the
alternative obligation under paragraph (1).''.
(3) Subsection (c) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the
following new paragraph (2):
``(2) that a cadet who obtains employment as a professional
athlete before completing the cadet's commissioned service
obligation has breached an agreement under such subsection;''.
(4) Subsection (d) is amended--
(A) by striking ``with respect to an officer who is
a graduate of the Academy'' and inserting ``with
respect to a cadet''; and
(B) by striking ``officer's'' and inserting
``cadet's''.
(5) Subsection (f) is amended by striking ``the terms'' and
inserting ``each term''.
SEC. 554. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that:
(1) The demands of the future operating environment need to
be met by the most professional, intelligent, innovative, and
capable servicemembers our nation has ever produced.
(2) Though officers comprise roughly 18% of the armed
forces, they receive significantly higher investments into
their education up to the PhD level than that of their enlisted
counterparts.
(3) Investing in enlisted advanced education will
strengthen the lethality of the armed forces by producing
higher quantities of noncommissioned officers able to operate
through the intellectual demands of complex contingencies,
producing military leaders at rates higher than is otherwise
feasible with the pool of eligible officers.
(4) Conducting research and analysis on the impact of
advanced education on enlisted servicemembers performance,
promotion rate, misconduct, and retention is critical to
propelling the Department of Defense's initiatives for a
modern, state-of-the art approach to education and research to
create and sustain an intellectual overmatch in today's
warfighting domains.
(5) The Naval Postgraduate School serves as a converging
point for all branches of the United States military while
simultaneously offering innovative learning environments that,
combined, offers an ideal testing ground to evaluate the
potential benefits of expanding enlisted higher education
across the Joint Force.
(b) In General.--Subsection (a)(2)(D)(iii) of section 8545 of title
10, United States Code, is amended by striking ``only on a space-
available basis'' and inserting ``at a rate of acceptance not to be
conditioned by the number of officer applications''.
(c) Briefing.--Six years after the date of the enactment of this
Act, the Secretary of Defense shall brief the Committees on Armed
Services of the Senate and House of Representatives on the effects of
increasing enrollment of enlisted members at the Naval Postgraduate
School pursuant to the amendment made by subsection (a). Such briefing
shall include the following elements:
(1) Any increase to the lethality of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
(3) Effects on malign behavior by members of the Armed
Forces.
SEC. 555. AUTHORITY TO WAIVE TUITION AT UNITED STATES AIR FORCE
INSTITUTE OF TECHNOLOGY FOR CERTAIN PRIVATE SECTOR
CIVILIANS.
Section 9414a(e)(1) of title 10, United States Code, is amended--
(1) in by striking ``The United'' and inserting ``Subject
to paragraph (3), the United''; and
(2) by adding at the end the following:
``(3) The Director and Chancellor of the United States Air Force
Institute of Technology may waive tuition for a student, enrolled under
this section, who attends a course for professional continuing
education.''.
SEC. 556. TERMS OF PROVOST AND ACADEMIC DEAN OF THE UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.
(a) In General.--Paragraph (2) of subsection (b) of section 9414b
of title 10, United States Code, is amended to read as follows: ``An
individual selected for the position of Provost and Chief Academic
Officer shall serve in that position for a term of not more than five
years and may be continued in that position for an additional term of
up to five years''.
(b) Conforming Amendment.--Paragraph (1) of such subsection is
amended by striking ``appointed'' and inserting ``selected''.
SEC. 557. ESTABLISHMENT OF CONSORTIUM FOR CURRICULA IN MILITARY
EDUCATION.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff, and in coordination with the
Under Secretary of Defense for Personnel and Readiness, shall establish
a consortium of the institutions of military education and covered
entities.
(b) Activities.--The duties of the consortium shall be to conduct
research and develop common, research-based curricula for the
institutions of military education in order to improve military
education for students of the consortium members.
(c) Curricula.--
(1) In general.--Curricula developed by the consortium
shall--
(A) be more responsive to new opportunities and
challenges in an era of great power competition, and in
which security requires knowledge of economics, new
technologies (including artificial intelligence),
supply chains, and adversarial governments;
(B) creatively apply military power to inform
national strategy, conduct globally integrated
operations, and fight under conditions of disruptive
change; and
(C) include non-military topics, such as diplomacy,
economics, information, intelligence, and culture.
(2) Applied design for innovation of the defense analysis
department at the naval postgraduate school.--The Secretary may
make permanent the curriculum of the Applied Design for
Innovation of the Defense Analysis Department at the Naval
Postgraduate School and use such curriculum as a model to be
replicated at other institutions of military education.
(d) Director.--The Director of the consortium shall be the
President of National Defense University.
(e) Meetings.--The consortium shall meet at the call of the
Director, in accordance with the following:
(1) The consortium and the Chiefs of the Armed Forces shall
meet not less than once annually to establish or revise
curricula.
(2) The consortium shall meet not less than twice annually
to establish a plan of action and milestones to prepare
curricula.
(f) Reports.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representative an interim report on the organization,
activities, funding, actions and milestones of the consortium.
(2) Annual report.--Not later than September 30 of each
year, beginning in 2024 and ending in 2028, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representative a report describing the activities,
funding, curricula created, and research conducted by the
consortium during the preceding year.
(g) Termination.--The consortium shall terminate on September 30,
2028.
(h) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the military service academies.
(2) The term ``covered entity'' means--
(A) an institution of higher education that the
Secretary determines has an established program of
education regarding national security or technology
relevant to the Department of Defense; or
(B) an entity that the Secretary determines
conducts research in policy relevant to the Department
of Defense.
(3) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (Public Law 89-329; 20 U.S.C. 1001).
(4) The terms ``intermediate level service school'',
``joint intermediate level service school'', and ``senior level
service school'' have the meaning given such terms in section
2151 of title 10, United States Code.
(5) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(6) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
SEC. 558. ESTABLISHMENT OF CONSORTIUM OF INSTITUTIONS OF MILITARY
EDUCATION FOR CYBERSECURITY MATTERS.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Chairman of the Joint Chiefs of Staff and the Under Secretary of
Defense for Personnel and Readiness, shall establish a consortium of
the institutions of military education and covered entities.
(b) Functions.--The functions of the consortium include the
following:
(1) To provide a forum for members of the consortium to
share information regarding matters of education on
cybersecurity, including--
(A) education of cyber mission forces;
(B) lessons learned;
(C) the intersection of cybersecurity across all
warfighting domains; and
(D) other matters of cybersecurity related to
national security.
(2) To develop a cybersecurity research agenda to--
(A) identify gaps in cybersecurity of the
Department of Defense; and
(B) study offensive threats, defensive threats, and
active deterrence in the cyber domain.
(3) To provide the Secretary, the consortium members, and
other entities determined appropriate by the Secretary, access
to the expertise of the members of the consortium on matters
relating to cybersecurity.
(4) To align the efforts of the members of the consortium
to support cybersecurity of the Department of Defense.
(c) Director.--The Director of the consortium shall be the
President of National Defense University. The Director shall consult
and coordinate with representatives of the institutions of military
education and covered entities.
(d) Meetings.--The consortium shall meet at the call of the
Director, including--
(1) not less than once annually with the Chiefs of the
Armed Forces; and
(2) not less than once annually to conduct cyber space war
games wherein members of the consortium compete.
(e) Coordination With Other Entities.--The Consortium shall, to the
maximum extent practicable, coordinate on matters of mutual interest
and align its efforts with the consortium established under section
1659 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 10 U.S.C. 391 note).
(f) Reports.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representative an interim report on the organization,
activities, funding, actions and milestones of the consortium.
(2) Annual report.--Not later than September 30 of each
year, beginning in 2024 and ending in 2028, the Secretary shall
submit to the Committees on Armed Services of the Senate and
House of Representative a report describing the activities,
funding, research conducted by the consortium, and other
matters determined by the Secretary, during the preceding year.
(g) Termination.--The consortium shall terminate on September 30,
2028.
(h) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the military service academies.
(2) The term ``covered entity'' means--
(A) an institution of higher education that the
Secretary determines has an established program of
education regarding cybersecurity or technology
relevant to the Department of Defense; or
(B) an entity that the Secretary determines
conducts research in cybersecurity relevant to the
Department of Defense.
(3) The term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (Public Law 89-329; 20 U.S.C. 1001).
(4) The terms ``intermediate level service school'',
``joint intermediate level service school'', and ``senior level
service school'' have the meaning given such terms in section
2151 of title 10, United States Code.
(5) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(6) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
SEC. 559. COMMISSION ON PROFESSIONAL MILITARY EDUCATION.
(a) Establishment.--There is established a commission to examine
the purpose, implementation, outcomes, and relevance of professional
military education programs operated by the Department of Defense. The
commission shall be known as the ``Commission on Professional Military
Education'' (referred to in this section as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of the
following members:
(A) Two members appointed by the Chairman of the
Committee on Armed Services of the Senate, one of whom
shall be a Senator and one who may not be a Senator.
(B) Two members appointed by the Ranking Minority
Member of the Committee on Armed Services of the
Senate, one of whom shall be a Senator and one who may
not be a Senator.
(C) Two members appointed by the Chair of the
Committee on Armed Services of the House of
Representatives, one of whom shall be a Member of the
House of Representatives and one who may not be a
Member of the House of Representatives.
(D) Two members appointed by the Ranking Minority
Member of the Committee on Armed Services of the House
of Representatives, one of whom shall be a Member of
the House of Representatives and one who may not be a
Member of the House of Representatives.
(2) Chair.--The Commission shall have one Chair, selected
by the members of the Commission.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 60 days after the date of the
enactment of this Act.
(2) Initial meeting; notice.--The Commission shall hold its
initial meeting on or before the date that is 90 days after the
date of the enactment of this Act. In lieu of publication in
the Federal Register, the Commission shall post a notice of
such meeting on a publicly accessible website of the Commission
at least 15 days before such meeting.
(d) Meetings; Notice; Quorum; Vacancies.--
(1) In general; notice.--After its initial meeting, the
Commission shall meet--
(A) upon the call of the Chair of the Commission;
and
(B) not fewer than 15 days after posting a notice
of such meeting on a publicly accessible website of the
Commission, in lieu of publication in the Federal
Register.
(2) Quorum.--Five members of the Commission shall
constitute a quorum for purposes of conducting business, except
that two members of the Commission shall constitute a quorum
for purposes of receiving testimony.
(3) Vacancies.--Members shall be appointed for the life of
the Commission. Any vacancy in the Commission shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day after 60 days after the date of the enactment
of this Act, a quorum shall consist of a majority of the
members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission voting
and present.
(2) Subcommittees.--The Commission may establish
subcommittees composed of less than the full membership of the
Commission for purposes of carrying out the duties of the
Commission under this section. The actions of any such
subcommittee shall be subject to the review and control of the
Commission. Any findings and determinations made by such a
subcommittee shall not be considered the findings and
determinations of the Commission unless approved by the
Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the Chair of the Commission,
take any action which the Commission is authorized to take
pursuant to this section.
(f) Duties.--The duties of the Commission are as follows:
(1) To--
(A) review the purpose and desired outcomes, as
indicated in Department of Defense Instruction 1322.35,
of professional military education in support of the
National Defense Strategy; and
(B) evaluate whether the Armed Forces are achieving
such purpose and outcomes.
(2) To review and evaluate the means by which faculty
assigned to teach professional military education are selected,
managed, promoted, evaluated, and afforded academic freedom,
including--
(A) members serving on active duty;
(B) civilian instructors who are military retirees;
and
(C) civilian instructors who are not military
retirees.
(3) To--
(A) review how members are selected for residential
and non-residential professional military education;
(B) evaluate whether students are adequately
prepared for professional military education programs;
and
(C) whether additional entrance requirements, such
as a writing assessment and academic prerequisites,
should be established.
(4) To--
(A) review and assess how the performance of
professional military education students is evaluated
during the academic year;
(B) how such performance is reflected in the
service records of such students; and
(C) consider whether students assigned to
residential professional military education at the war
colleges should be objectively evaluated by the faculty
for potential at more senior ranks.
(5) To review and evaluate whether and how professional
military education prepares graduates for senior-level
operational and strategic assignments.
(6) To review and evaluate whether and how the Armed Forces
consider and fully leverage professional military education in
subsequent assignments.
(7) To consider whether professional military education
tracks focused on China, Russia, or other key adversaries or
topics of importance to the National Defense Strategy would
provide value for the Armed Forces.
(8) With respect to professional military education
curriculum, to review and evaluate--
(A) relevance to the National Defense Strategy and
current and future defense needs, including topics
covered and modalities of instruction, such as
interactive seminars, wargaming, and other simulations;
and
(B) the process for developing and modifying the
curriculum.
(9) To evaluate whether the Armed Forces have established a
system of accountability to ensure that professional military
education meets the defense needs of the United States at a
reasonable cost.
(10) To review and evaluate the appropriateness of the
service commitments imposed by the Armed Forces for members
selected for professional military education.
(g) Powers of Commission.--
(1) In general.--The Commission or, on the authorization of
the Commission, any subcommittee or member thereof, may, for
the purpose of carrying out the provisions of this section hold
such hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Commission to discharge its
duties under this section.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any executive department, agency, bureau, board,
commission, office, independent establishment, or
instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Compliance.--Except for the intelligence
community (as such term is defined in section 3 of the
National Security Act of 1947 (Chapter 343; 61 Stat.
496; 50 U.S.C. 3003)), each such department, agency,
bureau, board, commission, office, establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request of
the Chair of the Commission.
(C) Classified information.--The Commission shall
handle and protect all classified information provided
to it under this section in accordance with applicable
statutes and regulations.
(4) Assistance from department of defense.--The Secretary
of Defense shall provide to the Commission, on a
nonreimbursable basis, such administrative services, funds,
staff, facilities, and other support services as are necessary
for the performance of the Commission's duties under this
section.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) Director.--The Chair of the Commission, in accordance
with rules agreed upon by the Commission, shall appoint and fix
the compensation of a staff director and such other personnel
as may be necessary to enable the Commission to carry out its
duties, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no
rate of pay fixed under this subsection may exceed the
equivalent of that payable to a person occupying a position at
level V of the Executive Schedule under section 5316 of such
title.
(2) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without
interruption.
(3) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section
3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid a person occupying a position at level IV
of the Executive Schedule under section 5315 of such title.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in paragraph
(2), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title
5, United States Code, for each day during which that
member is engaged in the actual performance of the
duties of the Commission under this section.
(B) Federal officers or employees.--Members of the
Commission who are officers or employees of the United
States or Members of Congress shall receive no
additional pay by reason of their service on the
Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Final Report; Termination.--
(1) Final report.--Not later than 18 months after the date
of the enactment of this Act, the Commission shall submit to
the congressional defense committees and the Secretary of
Defense an unclassified report (that may include a classified
annex) containing the findings and recommendations of the
Commission.
(2) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report under paragraph (1) is submitted to
the congressional defense committees.
(B) Winding down.--The Commission may use the 120-
day period referred to in subparagraph (A) for the
purposes of concluding its activities, including
providing testimony to Congress concerning the final
report referred to in that subparagraph and
disseminating the report.
SEC. 559A. INCREASE IN THE NUMBER OF INDIVIDUALS FROM THE DISTRICT OF
COLUMBIA WHO MAY BE APPOINTED TO MILITARY SERVICE
ACADEMIES.
(a) United States Military Academy.--Section 7442 of title 10,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
(b) United States Naval Academy.--Section 8454 of title 10, United
States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
(c) United States Air Force Academy.--Section 9442 of title 10,
United States Code, is amended--
(1) in subsection (a)(5), by striking ``Five'' and
inserting ``Fifteen''; and
(2) in subsection (b)(5), by striking ``paragraphs (3) and
(4)'' and inserting ``paragraphs (3), (4), and (5)''.
SEC. 559B. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF MILITARY
SERVICE ACADEMY APPLICANTS.
Subsection (c)(2) of section 575 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283; 10 U.S.C. 7442 note) is amended by adding at the end the
following new subparagraph:
``(C) Any significant disparity in gender, race,
ethnicity, or other demographic category described in
subsection (b), and any suspected cause of such
disparity within the application or nominating
process.''.
SEC. 559C. REPORT ON TREATMENT OF CHINA IN CURRICULA OF PROFESSIONAL
MILITARY EDUCATION.
(a) In General.--Not later than December 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the treatment of China
in the curricula of institutions of military education, including
changes to such treatment implemented in the five years preceding the
date of such report.
(b) Definitions.--In this section:
(1) The term ``institutions of military education'' means--
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
and
(E) the Naval Postgraduate School.
(2) The terms ``intermediate level service school'',
``joint intermediate level service school'', and ``senior level
service school'' have the meaning given such terms in section
2151 of title 10, United States Code.
(3) The term ``professional military education schools''
means the schools specified in section 2162 of title 10, United
States Code.
SEC. 559D. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) No Effect on Admission.--The testing under subsection (a) may
not have any affect on admission to a military service academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result of
the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialists that require
successful performance on the speech test.
(d) Therapy.--The Superintendent shall furnish speech therapy to a
cadet or midshipman under the jurisdiction of that Superintendent at
the election of the cadet or midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate a
speech disorder or impediment may elect to retake the testing once each
academic year while enrolled at the military service academy.
SEC. 559E. AMENDMENTS TO PATHWAYS FOR COUNSELING IN THE TRANSITION
ASSISTANCE PROGRAM.
Section 1142(c)(1) of title 10, United States Code, is amended--
(1) in subparagraph (E), by striking ``Disability'' and
inserting ``Potential or confirmed disability'';
(2) in subparagraph (F), by striking ``Character'' and
inserting ``Potential or confirmed character'';
(3) by redesignating subparagraph (M) as subparagraph (R);
and
(4) by inserting after subparagraph (L) the following:
``(M) Child care requirements of the member (including
whether a dependent of the member is enrolled in the
Exceptional Family Member Program).
``(N) The employment status of other adults in the
household of the member.
``(O) The location of the duty station of the member
(including whether the member was separated from family while
on duty).
``(P) The effects of operating tempo and personnel tempo on
the member and the household of the member.
``(Q) Whether the member is an Indian or urban Indian, as
those terms are defined in section 4 of the Indian Health Care
Improvement Act (Public Law 94-437; 25 U.S.C. 1603).''.
Subtitle G--Member Training and Transition
SEC. 561. INFORMATION REGARDING APPRENTICESHIPS FOR MEMBERS DURING
INITIAL ENTRY TRAINING.
(a) Requirement.--Chapter 31 of title 10, United States Code, is
amended by inserting after section 510 the following new section:
``Sec. 510a. Provision of information regarding apprenticeships during
initial entry training
``(a) In General.--The Secretary concerned shall provide to a
member, during initial entry training, information regarding registered
apprenticeship programs related to the military occupational specialty
or career field of such member.
``(b) Registered Apprenticeship Program Defined.--In this section,
the term `registered apprenticeship program' means an apprenticeship
program registered under the Act of August 16, 1937 (commonly known as
the `National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting, after the item relating to
section 510, the following new item:
``510a. Provision of information regarding apprenticeships during
initial entry training.''.
SEC. 562. EXTREMIST ACTIVITY BY A MEMBER OF THE ARMED FORCES: NOTATION
IN SERVICE RECORD; TAP COUNSELING.
(a) TAP Counseling.--Subsection (b) of section 1142 of title 10,
United States Code, is amended by adding at the end the following new
paragraph (20):
``(20) In the case of a member who has violated Department
of Defense Instruction 1325.06 (or successor document),
relating to extremist activity, in-person counseling, developed
by the Secretary of Defense in consultation with the Secretary
of Homeland Security, that includes--
``(A) information regarding why extremist activity
is inconsistent with service in the armed forces and
with national security;
``(B) information regarding the dangers associated
with involvement with an extremist group; and
``(C) methods for the member to recognize and avoid
information that may promote extremist activity.''.
(b) Service Record.--In the case of a member described in paragraph
(20) of such subsection, as added by subsection (a) of this section,
the Secretary concerned shall ensure that the commanding officer of
such member notes such violation in the service record of such member.
(c) Implementation Date.--The Secretary of Defense shall complete
development of counseling under such paragraph not later than the day
that is one year after the date of the enactment of this Act. The
Secretary concerned shall ensure that such counseling is carried out on
and after such day.
SEC. 563. CODIFICATION OF SKILLBRIDGE PROGRAM.
(a) In General.--Section 1143(e) of title 10, United States Code,
is amended--
(1) in the heading, by adding ``; Skillbridge'' after
``Training''; and
(2) in paragraph (1), by adding at the end ``Such a program
shall be known as `Skillbridge'.''.
(b) Regulations.--To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023--
(1) update Department of Defense Instruction 1322.29,
titled ``Job Training, Employment Skills Training,
Apprenticeships, and Internships (JTEST-AI) for Eligible
Service Members''; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under
section 221 of title 10, United States Code.
SEC. 564. TRAINING ON DIGITAL CITIZENSHIP AND MEDIA LITERACY IN ANNUAL
CYBER AWARENESS TRAINING FOR CERTAIN MEMBERS.
(a) In General.--The annual cyber awareness training provided to
members of the covered Armed Forces shall include a digital literacy
module regarding digital citizenship, media literacy, and protection
against cyber threats (such as influenced or digitally altered
information).
(b) Definitions.--In this section:
(1) The term ``covered Armed Force'' means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ``digital citizenship'' means the ability to
safely, responsibly, and ethically use communication
technologies and digital information technology tools and
platforms; create and share media content using principles of
social and civic responsibility and with awareness of the legal
and ethical issues involved; and participate in the political,
economic, social, and cultural aspects of life related to
technology, communications, and the digital world by consuming
and creating digital content, including media.
(3) The term ``media literacy'' means the ability to access
relevant and accurate information through media in a variety of
forms; critically analyze media content and the influences of
different forms of media; evaluate the comprehensiveness,
relevance, credibility, authority, and accuracy of information;
make educated decisions based on information obtained from
media and digital sources; operate various forms of technology
and digital tools; and reflect on how the use of media and
technology may affect private and public life.
SEC. 565. PILOT GRANT PROGRAM TO SUPPLEMENT THE TRANSITION ASSISTANCE
PROGRAM OF THE DEPARTMENT OF DEFENSE.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall carry out a pilot grant
program under which the Secretary of Defense provides enhanced support
and funding to eligible entities to supplement TAP to provide job
opportunities for industry recognized certifications, job placement
assistance, and related employment services directly to covered
individuals.
(b) Services.--Under the pilot grant program, the Secretary of
Defense shall provide grants to eligible entities to provide to covered
individuals the following services:
(1) Using an industry-validated screening tool, assessments
of prior education, work history, and employment aspirations of
covered individuals, to tailor appropriate and employment
services.
(2) Preparation for civilian employment through services
like mock interviews and salary negotiations, training on
professional networking platforms, and company research.
(3) Several industry-specific learning pathways--
(A) with entry-level, mid-level and senior
versions;
(B) in fields such as project management,
cybersecurity, and information technology;
(C) in which each covered individual works with an
academic advisor to choose a career pathway and
navigate coursework during the training process; and
(D) in which each covered individual can earn
industry-recognized credentials and certifications, at
no charge to the covered individual.
(4) Job placement services.
(c) Program Organization and Implementation Model.--The pilot grant
program shall follow existing economic opportunity program models that
combine industry-recognized certification training, furnished by
professionals, with online learning staff.
(d) Consultation.--In carrying out the program, the Secretary of
Defense shall seek to consult with private entities to assess the best
economic opportunity program models, including existing economic
opportunity models fur