What is in the 2023 NDAA?

The Fiscal Year 2023 NDAA authorizes a topline of $847 billion for military and national security programs at the Department of Defense and Department of Energy. The text of the bill can be viewed here. The bill report can be viewed here. Funding tables can be viewed here.

Has NDAA FY22 been signed?

December 27, 2021 WASHINGTON, D.C. – Representative Adam Smith (D-Wash.), Chairman of the House Armed Services Committee, today issued the following statement after the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22) was signed into law for the 61st consecutive year by President Joe Biden. S.

Has the 2023 defense budget passed?

WASHINGTON — The House Appropriations Committee today approved the fiscal year 2023 Defense bill on a 32-26 vote. For 2023, the bill provides total funding of $761.681 billion, an increase of $33.207 billion above 2022.

Is the NDAA unconstitutional?

Forrest ruled in a 68-page opinion that Section 1021 of the NDAA was unconstitutional because it violates the 1st and 5th Amendments.

What does it mean to be NDAA compliant?

The term “NDAA compliant” is widely used in the drone industry to refer to drones that are “safe to use” by government agencies and enterprises . However, this does not mean that drones made in the U.S. are automatically ok to be used by the U.S. government.

Did the fy22 budget pass?

The legislation passed the Senate by a vote of 68-31 following its passage Wednesday in the House of Representatives.

Has Senate passed NDAA?

U.S. Senators Jack Reed (D-RI) and Jim Inhofe (R-OK), Chairman and Ranking Member of the Senate Armed Services Committee, announced today that the Committee voted 23-3 to advance the National Defense Authorization Act (NDAA) for Fiscal Year 2023.

What is military fiscal year?

The FY begins October 1st and ends September 30th .

Who spends the most on military 2021?

The United States was the top nation in terms of military expenditure, spending $801 billion to make up almost 38% of global military spending in 2021.

How big is the US military budget?

This is $33 billion —about 4 percent—more than what Congress approved in FY 2022 and about $45 billion—10 percent—more than the administration projected it would propose in FY 2023.

How big is the military budget?

The United States spent $754 billion on national defense during fiscal year (FY) 2021 according to the Office of Management and Budget, which amounted to 11 percent of federal spending; that percentage was lower than the 15 percent of the budget spent on defense in the four years before the pandemic.

What happens in the FY 2023 defense budget?

The text of the draft bill is here. The FY 2023 Military Personnel recommendation is $173.1 billion in funding for active, reserve and National Guard military personnel, a decrease of $803 million below the budget request and an increase of $6.2 billion above the FY 2022 enacted level.

Why did Trump veto the National Defense Authorization Act for fiscal year 2021?

The bill was presented to President Trump on December 11, who vetoed it on December 23, because it renames military bases that honor Confederate officers, and because it does not repeal Section 230 of the 1996 Communications Decency Act, which shields internet companies from being liable for what is posted on their ...

Text of H.R. 7900: National Defense Authorization Act for Fiscal Year 2023 (Placed on Calendar in the Senate version) (2023)

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2023.

(a)

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)

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 , .

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 , .

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 , .

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 , United States Code.

Sec. 6254. Conforming amendments to title , 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-Protégé 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-protégé 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.

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.

101.

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.

111.

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).

112.

(a)

(1)

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)

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)

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)

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)

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)

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).

113.

(a)

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)

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)

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.

114.

(a)

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)

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.

115.

(a)

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)

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.

116.

(a)

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)

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.

117.

(a)

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)

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)

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

118.

(a)

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)

(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.

119.

(a)

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)

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.

119A.

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.

119B.

(a)

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)

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.

121.

(a)

Section 9062(i)(1) of title 10, United States Code, is amended by striking 1,970 and inserting 1,800.

(b)

(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)

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).

122.

(a)

(1)

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)

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

(b)

(1)

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)

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.

123.

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).

124.

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.

125.

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).

126.

(a)

(1)

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)

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)

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)

(1)

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)

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.

127.

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.

128.

(a)

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)

(1)

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)

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.

129.

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.

130.

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.

131.

(a)

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)

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)

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)

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

132.

(a)

(1)

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)

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)

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

(c)

(1)

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)

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.

133.

(a)

(1)

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)

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)

(A)

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)

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

(b)

(1)

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)

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)

(A)

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)

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

134.

(a)

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)

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)

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.

135.

(a)

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)

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.

136.

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.

137.

(a)

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)

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)

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.

138.

(a)

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)

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.

139.

(a)

(1)

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)

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)

(1)

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)

(A)

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)

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)

(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)

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)

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)

(1)

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)

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)

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)

In this section, the term ISR/IAA means—

(1)

intelligence, surveillance, and reconnaissance; and

(2)

incident awareness and assessment.

139A.

(a)

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)

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)

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)

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.

139B.

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.

141.

(a)

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

2486.

(a)

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)

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)

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)

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)

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.

142.

(a)

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)

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)

In this section:

(1)

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)

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)

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

(4)

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

143.

(a)

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)

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)

(1)

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)

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)

In this section, the term rotary wing aircraft includes rotary wing and tiltrotor aircraft.

201.

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.

211.

(a)

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)

(1)

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)

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)

Section 4092 of title 10, United States Code, is amended—

(1)

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

(6)

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)

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)

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)

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 and inserting ;

(2)

by amending subsection (a) to read as follows:

(a)

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)

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)

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)

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)

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)

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 and inserting ;

(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 ;

(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)

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 and inserting ;

(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)

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)

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.

212.

(a)

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)

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)

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)

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)

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.

213.

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.

214.

(a)

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)

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)

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)

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)

(1)

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)

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)

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.

215.

(a)

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)

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).

216.

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.

217.

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.

218.

(a)

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)

(1)

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)

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.

219.

(a)

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)

(1)

(A)

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)

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)

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

(3)

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)

(A)

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)

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)

(i)

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)

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

(D)

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

(E)

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)

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)

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)

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)

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)

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.

220.

(a)

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)

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)

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)

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.

221.

(a)

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)

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)

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)

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)

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)

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)

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

(h)

(1)

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)

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)

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.

222.

(a)

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)

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)

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)

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)

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)

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)

In this section:

(1)

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)

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

223.

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.

224.

(a)

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)

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.

225.

(a)

(b)

226.

(a)

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)

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)

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.

227.

(a)

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)

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)

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)

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)

(1)

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)

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)

In this section:

(1)

The term beam blockage means a signal that is partially or fully blocked due to an obstruction.

(2)

The term ghost echo means radar signal reflectivity or velocity return errors in radar data due to the close proximity of an obstruction.

(3)

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.

228.

(a)

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)

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.

229.

(a)

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)

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.

229A.

(a)

(1)

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)

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)

(1)

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)

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.

229B.

(a)

(1)

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)

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)

(1)

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)

The criteria established under paragraph (1) for entering into a public-private partnership with a person shall include the following:

(A)

The person shall be independent.

(B)

The person shall be free from foreign oversight, control, influence, or beneficial ownership.

(C)

The person shall have commercial private capital fund experience with technology development in the defense and commercial sectors.

(D)

The person shall be eligible for access to classified information (as defined in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a))).

(3)

The Secretary and a person with whom the Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, and governance framework for the partnership and its operations.

(c)

(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)

(1)

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)

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)

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)

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).

229C.

(a)

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)

229D.

(a)

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)

229E.

(a)

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)

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.

231.

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.

232.

(a)

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)

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)

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.

233.

(a)

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)

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)

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)

(d)

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).

234.

(a)

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)

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)

(1)

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)

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)

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)

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.

235.

(a)

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)

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)

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.

236.

(a)

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)

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)

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)

In this section, the term software and information technology does not include embedded software and information technology used for weapon systems.

237.

(a)

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)

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)

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)

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.

238.

(a)

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)

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)

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)

(1)

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)

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).

239.

(a)

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)

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)

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)

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).

240.

(a)

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)

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)

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)

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.

241.

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.

242.

(a)

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)

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.

243.

(a)

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)

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.

244.

(a)

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)

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.

III

301.

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.

302.

(a)

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)

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)

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.

311.

(a)

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)

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)

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)

(1)

Section 2707 of such title is amended by striking subsection (e).

(2)

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.

312.

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.

313.

(a)

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)

(1)

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)

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)

Each installation selected under paragraph (1) shall be known as an Energy Resilience Testbed.

(c)

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)

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)

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)

(1)

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)

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)

(1)

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)

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)

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)

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.

314.

(a)

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)

(1)

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)

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)

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)

(A)

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)

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)

(1)

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)

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)

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)

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)

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)

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.

315.

(a)

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)

(1)

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)

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)

(1)

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)

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)

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)

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)

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)

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.

316.

(a)

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)

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.

317.

(a)

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)

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.

318.

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.

319.

(a)

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)

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.

320.

(a)

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)

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)

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.

321.

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.

322.

(a)

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)

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).

323.

(a)

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)

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)

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).

324.

(a)

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)

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)

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)

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.

325.

(a)

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)

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.

326.

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.

327.

(a)

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)

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.

328.

(a)

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)

(1)

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)

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)

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).

329.

(a)

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)

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.

331.

(a)

(1)

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)

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)

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)

(1)

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)

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)

(1)

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)

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)

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)

(1)

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)

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.

332.

(a)

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)

(1)

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)

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)

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.

333.

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.

334.

(a)

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)

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).

335.

(a)

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)

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.

336.

(a)

(1)

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)

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)

(1)

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)

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

(c)

(1)

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)

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.

337.

(a)

(1)

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)

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)

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)

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)

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)

(1)

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)

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.

341.

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)

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.

342.

(a)

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 and inserting ;

(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)

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)

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)

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).

343.

(a)

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)

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)

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)

(1)

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)

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.

344.

(a)

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)

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)

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.).

345.

(a)

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)

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)

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.

351.

(a)

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)

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)

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.

352.

(a)

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

(1)

in the heading, by inserting after ;

(2)

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

(3)

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

(d)

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)

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.

353.

(a)

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)

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)

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)

(1)

(A)

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)

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

(2)

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)

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.

354.

(a)

Subchapter III of chapter 173 of title 10, United States Code, is amended by adding at the end the following new section:

2928.

(a)

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)

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)

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)

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)

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)

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.

361.

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):

239d.

(a)

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)

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)

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.

362.

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

363.

(a)

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)

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)

Section 2861(b) of such title is amended by striking subsection (e) of section 2476 and inserting subsection (f) of section 2476.

(c)

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

364.

(a)

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)

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).

365.

(a)

(b)

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).

366.

(a)

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)

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)

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)

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.

367.

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.

371.

Section 184(k) of title 10, United States Code is amended—

(1)

by striking —The Chair and inserting —(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.

372.

(a)

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)

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)

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.

373.

(a)

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)

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)).

374.

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.

375.

(a)

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)

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.

376.

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.

381.

(a)

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):

995.

(a)

(1)

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)

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)

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)

The term covered contractor means a contractor of the Department of Defense the contract of which the Secretary determines involves military working dogs.

(b)

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)

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)

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.

382.

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.

383.

(a)

Section 2691(d) of title 10, United States Code, is amended by striking may and inserting shall.

(b)

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.

384.

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.

385.

(a)

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)

(1)

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)

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)

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)

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.

386.

(a)

(1)

(A)

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)

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)

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)

(A)

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)

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)

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)

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)

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)

(1)

(A)

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)

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)

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.

387.

(a)

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)

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.

388.

(a)

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)

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)

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)

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)

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)

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)

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)

(1)

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)

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)

(A)

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)

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)

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)

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)

(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.

389.

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.

390.

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.

391.

Section 10504(c)(1) of title 10, United States Code, is amended by striking years 2018 through 2020 and inserting years 2023 through 2025.

392.

(a)

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)

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)

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)

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.

393.

(a)

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)

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.

394.

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.

395.

(a)

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)

(1)

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)

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)

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.

396.

Section 1125 of title 10, United States Code, is amended—

(1)

by inserting (a) .— before The Secretary of Defense; and

(2)

by adding at the end the following new subsection:

(b)

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.

397.

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.

401.

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.

402.

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.

411.

(a)

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)

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)

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.

412.

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.

413.

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.

414.

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.

421.

(a)

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)

The authorization of appropriations in the subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2023.

501.

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.

502.

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.

503.

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)

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.

504.

(a)

Section 572 of title 10, United States Code, is amended—

(1)

by inserting 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)

(1)

Subchapter II of chapter 5 of title 37, United States Code, is amended by inserting after section 336 the following new section:

337.

(a)

The Secretary concerned may pay monthly special pay to an eligible officer under this section.

(b)

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)

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)

Special pay under this section is in addition to any other pay or allowance to which an eligible officer is entitled.

(e)

No special pay may be paid under this section after December 31, 2027.

(2)

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)

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)

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)

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.

505.

Section 8077 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

The Surgeon General, while so serving, shall hold the grade of O-9.

506.

(a)

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)

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)

(c)

(1)

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)

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.

507.

(a)

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)

The Secretary shall administer the survey not later than 180 days after development.

(c)

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)

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.

508.

(a)

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)

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)

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)

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)

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.

511.

(a)

(1)

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)

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)

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)

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)

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.

512.

Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

(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.

513.

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.

514.

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.

515.

(a)

Chapter 1 of title 32, United States Code, is amended by inserting, after section 105, the following new section:

105A.

(a)

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)

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)

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)

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)

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)

(1)

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)

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)

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)

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.

516.

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.

517.

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.

518.

(a)

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)

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)

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.

519.

(a)

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)

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)

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)

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.

519A.

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.

519B.

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 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)

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)

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.

519C.

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.

519D.

(a)

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)

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)

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).

519E.

(a)

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)

(1)

Before the Secretary may use the authority under this section, the State shall comply with the matching requirement under such subsection.

(2)

Total assistance under this section may not exceed $5,000,000.

(c)

Any assistance provided under this section shall be included in the annual report under subsection (k) of such section.

521.

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):

1493.

(a)

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)

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)

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.

522.

(a)

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 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 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)

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).

523.

(a)

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)

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.

524.

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)

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.

525.

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.

526.

(a)

The Secretary of Defense shall ensure that no military promotion record of a covered Armed Force includes any official or unofficial photographs.

(b)

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.

527.

(a)

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)

In this section, the term MOS means a military occupational specialty.

528.

(a)

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)

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)

Not later than September 30, 2023, the Secretary of the Army shall implement the steps identified in the report under subsection (b).

529.

(a)

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)

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)

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)

The pilot program shall terminate on January 1st, 2027.

(e)

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)

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.

529A.

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.

529B.

(a)

Section 503 of title 10, United States Code, is amended—

(1)

by striking the section designation and heading and inserting the following:

503.

;

(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)

(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)

(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)

The Secretary of Defense shall prescribe regulations to carry out the amendments made by this section.

(b)

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.

529C.

(a)

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)

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)

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.

529D.

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.

529E.

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.

529F.

(a)

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)

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.

529G.

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.

529H.

(a)

Chapter 59 of title 10, United States Code, is amended by inserting after section 1168 the following new sections:

1168a.

(a)

(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)

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)

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)

Chapter 59 of such title, as amended by subsection (a), is further amended by inserting after section 1168a the following new section:

1168b.

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)

(1)

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)

The heading of such section 1168 is amended to read as follows:

1168.

(d)

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.

531.

(a)

(1)

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)

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)

(1)

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)

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)

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.

532.

(a)

(1)

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)

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)

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)

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)

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)

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)

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.

533.

(a)

(1)

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)

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)

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)

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)

(B)

whether the principal was provided the opportunity to consult appropriate legal counsel; and

(C)

statistical category as related to the principal.

534.

(a)

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)

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)

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.

535.

(a)

Chapter 53 of title 10, United States Code, is amended by inserting before section 1045 the following new section:

1044g.

(a)

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)

The Secretary of the Treasury shall administer the Fund consistent with the provisions of this section.

(c)

There shall be deposited in the Fund the following:

(1)

Any amounts appropriated to the Fund.

(2)

Any amounts donated to the Fund.

(d)

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)

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)

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)

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)

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)

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)

(1)

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)

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.

536.

(a)

(1)

Chapter 80 of title 10, United States Code, is amended by inserting after section 1561b the following new section:

1561c.

(a)

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)

(1)

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)

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)

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)

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)

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 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)

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)

The Secretary of Defense shall prescribe regulations implementing section 1561c of title 10, United States Code, as added by subsection (a).

537.

Section 1562 of title 10, United States Code, is amended by adding at the end the following new subsection:

(c)

(1)

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)

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)

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.

538.

(a)

Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:

1567b.

(a)

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)

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)

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)

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)

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)

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)

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.

539.

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.

539A.

(a)

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)

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.

539B.

(a)

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)

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).

539C.

(a)

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)

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)

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)

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.

539D.

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.

539E.

(a)

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)

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)

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.

539F.

(a)

(1)

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)

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)

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)

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.

541.

(a)

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)

Such paragraph is further amended in subparagraphs (A) and (B) by striking subsection (h) both places it appears and inserting subsection (i).

542.

(a)

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)

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)

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)

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)

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.

543.

(a)

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)

(1)

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)

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)

(1)

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)

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.

544.

(a)

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)

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)

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)

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)

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)

The Secretary of Defense shall prescribe regulations implementing this section.

(g)

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.

545.

(a)

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)

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)

In this section, the term victim service agency means an agency which may provide legal services, counseling, or safe housing.

546.

(a)

(1)

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)

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)

(1)

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)

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)

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.

547.

(a)

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)

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.

548.

(a)

Chapter 80 of title 10, United States Code, is amended by inserting after section 1561b the following new section:

1561c.

(a)

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)

(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)

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)

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)

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.

549.

(a)

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 convicti