I
One Hundred Seventeenth Congress of the United States of America
At the Second Session
Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two
H. R. 7776
AN ACT
To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
Short title
In general
This Act may be cited as the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
.
References
Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2023
shall be deemed to be a reference to the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
.
Organization of Act into divisions; table of contents
Divisions
This Act is organized into 11 divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
Division E—Non-Department of Defense Matters.
Division F—Intelligence Authorization Act for Fiscal Year 2023.
Division G—Homeland Security.
Division H—Water Resources.
Division I—Department of State Authorizations.
Division J—Oceans and Atmosphere.
Division K—Don Young Coast Guard Authorization Act of 2022.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
Sec. 5. Explanatory statement.
Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker aircraft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion, power, and thermal management systems of F–35 aircraft.
Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project authority.
Sec. 212. Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other minority-serving institutions regarding National Security Innovation Network programs that promote entrepreneurship and innovation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense research capacity at historically Black colleges and universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and information technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation resources supporting certain major defense acquisition programs.
Title III—Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implications of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for perfluoroalkyl or polyfluoroalkyl substances on private property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of turnout gear for firefighters containing perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; 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. Inclusion of information regarding joint medical estimates in readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support operations.
Sec. 358. Notification of modification to policy regarding retention rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribution points in United States Indo-Pacific Command area of responsibility.
Subtitle F—Matters relating to depots and ammunition production facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibilities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.
Title IV—Military Personnel Authorization
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Title V—Military Personnel Policy
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in grades of major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer and flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades of O-8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limitations on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement for Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense and other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’ Training Corps in reports accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Officers' Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the National Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard and Reserve duty at the request of a Governor may not interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Reserve Officers’ Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and Education Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of the Armed Forces and Department of Defense and Coast Guard employees and their families.
Sec. 523. Limitation of extension of period of active duty for a member who accepts a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative discharges of certain members on the basis of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the Space Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial and ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public secondary schools.
Sec. 537. Best practices for the retention of certain female members of the Armed Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize in air and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.
Sec. 544. Jurisdiction of Courts of Criminal Appeals.
Sec. 545. Special trial counsel of the Department of the Air Force.
Sec. 546. Independent investigation of sexual harassment.
Sec. 547. Primary prevention research agenda and workforce.
Sec. 548. Limitation on availability of funds for relocation of Army CID special agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of military justice reform.
Sec. 549B. Report on sharing information with counsel for victims of offenses under the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file claims for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of the Department of Defense in STEM.
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. Pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.
Sec. 575. 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. 576. Pilot program on hiring of special needs inclusion coordinators for Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate Children’s Compact.
Sec. 579A. 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. 579B. Briefing on policies regarding single parents serving as members of the Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military records to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of the Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installations.
Sec. 597. Briefing on the effects of economic inflation on members of the Armed Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the Navy.
Sec. 599B. Report on officer personnel management and the development of the professional military ethic of the Space Force.
Title VI—Compensation and Other Personnel Benefits
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; travel allowance for members of the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for housing in certain areas.
Sec. 613. 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. 614. Basic allowance for housing for members without dependents when home port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for certain members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to the Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain congressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed services for spousal business costs arising from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing costs pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the Armed Forces who attend a professional military education institution or training classes.
Sec. 626. Conforming amendments to update references to travel and transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain child care costs incident to a permanent change of station or assignment.
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased member of the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; report.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec. 661. Study on basic pay.
Sec. 662. Report on accuracy of basic allowance for housing.
Sec. 663. Review of dislocation and relocation allowances.
Sec. 664. Complex overhaul pay: briefing.
Sec. 665. Studies on compensation for DOD child care providers.
Sec. 666. Barriers to home ownership for members of the Armed Forces: study; report.
Title VII—Health Care Provisions
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following required training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime during permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for members of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review process under direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and TRICARE dental program to members of the Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical force readiness.
Sec. 715. Congressional notification requirement to modify scope of services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civilians for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals providing services as part of mission relating to emergency, humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management in the military health system.
Sec. 720. Modification of requirement to transfer research and development and public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former spouses.
Sec. 722. Authority for Department of Defense program to promote early literacy among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System Medical Logistics Directorate and Military Health System Education and Training Directorate.
Subtitle C—Reports and other matters
Sec. 731. Briefing and report on reduction or realignment of military medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Autism Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority for independent suicide prevention and response review committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under military health system.
Sec. 738. Certification program in provision of mental health services to members of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense; congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense internship programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command on defense health.
Sec. 744. Capability assessment and action plan with respect to effects of exposure to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military department and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational tempo and physical and mental health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed Forces.
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. Task and delivery order contracting for architectural and engineering services.
Sec. 803. Data requirements for commercial products for major weapon systems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on proposed cancellations and modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with requests for multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activities with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of foreign-made unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and pricing processes.
Sec. 819. Extension of pilot program for distribution support and services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to inflation impacts.
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. Acquisition workforce incentives relating to training on, and agreements with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills program.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual property.
Sec. 842. Modification of authority of the Department of Defense to carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procurement and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement of goods other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain naval vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and strategic and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and industrial capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply chains.
Sec. 861. Strategy for increasing competitive opportunities for certain critical technologies.
Sec. 862. Key advanced system development industry days.
Subtitle F—Small Business Matters
Sec. 871. Codification of Small Business Administration scorecard.
Sec. 872. Modifications to the SBIR and STTR programs.
Sec. 873. Access to data on bundled or consolidated contracts.
Sec. 874. Small business integration working group.
Sec. 875. Demonstration of commercial due diligence for small business programs.
Sec. 876. Development and assessment of mission effectiveness metrics.
Subtitle G—Other Matters
Sec. 881. Technical correction to effective date of the transfer of certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans.
Title IX—Department of Defense Organization and Management
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to identify, task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements relating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into a single component.
Title X—General Provisions
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
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. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions directly concerning Marine Corps amphibious force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned dry-docks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1032. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Modification and extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified form.
Sec. 1042. Department of Defense support for funerals and memorial events for Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed Forces and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Australian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support operations in the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. 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. 1059. Continuation of requirement for annual report on National Guard and reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space near wind turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Government Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations.
Sec. 1068. Report on strategy and improvement of community engagement efforts of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil authorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of the United States Armed Forces to certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Subtitle G—Other Matters
Sec. 1081. Technical and conforming amendments.
Sec. 1082. Department of Defense Civilian Protection Center of Excellence.
Sec. 1083. Ronald V. Dellums Memorial Fellowship in STEM.
Sec. 1084. Amendment to memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport.
Sec. 1085. Public availability of cost of certain military operations.
Sec. 1086. Combating military reliance on Russian energy.
Sec. 1087. Establishment of joint force headquarters in area of operations of United States Indo-Pacific Command.
Sec. 1088. National tabletop exercise.
Sec. 1089. Personnel supporting the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.
Sec. 1090. Sense of Congress on redesignation of the Africa Center for Strategic Studies as the James M. Inhofe Center for Africa Strategic Studies.
Sec. 1091. Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises.
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
Title XI—Civilian Personnel Matters
Sec. 1101. Restricted reporting option for Department of Defense civilian employees choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Department of Defense.
Sec. 1105. Temporary extension of authority to provide security for former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts in science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of the workforce to improve the technical skills and expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber and information technology personnel to private sector organizations.
Title XII—Matters relating to foreign nations
Subtitle A—Assistance and training
Sec. 1201. Payment of personnel expenses necessary for participation in training program conducted by Colombia under the United States-Colombia Action Plan for Regional Security.
Sec. 1202. Modifications to Reports on Security Cooperation.
Sec. 1203. Modification of authority for participation in multinational centers of excellence.
Sec. 1204. Modification of existing authorities to provide for an Irregular Warfare Center and a Regional Defense Fellowship Program.
Sec. 1205. Modification to authority to provide support for conduct of operations.
Sec. 1206. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.
Sec. 1207. Modification and extension of authority to support border security operations of certain foreign countries.
Sec. 1208. Security cooperation programs with foreign partners to advance women, peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for assistance to units of foreign security forces that have committed a gross violation of human rights.
Sec. 1210. Independent assessment of United States efforts to train, advise, assist, and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Program.
Subtitle B—Matters relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic Emirate of Afghanistan.
Subtitle C—Matters relating to Syria, Iraq, and Iran
Sec. 1231. Modification of annual report on the military capabilities of Iran and related activities.
Sec. 1232. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian groups and individuals.
Sec. 1234. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated operatives abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish Peshmerga Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics production and trafficking and affiliated networks linked to the regime of Bashar al-Assad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D—Matters relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1242. Extension of limitation on military cooperation between the United States and Russia.
Sec. 1243. Modification to annual report on military and security developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short and medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters relating to the Indo-Pacific region
Sec. 1251. Modification to annual report on military and security developments involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to authorize use of funds for the Coast Guard.
Sec. 1253. 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. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with ties to the Government of the People’s Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in the People’s Republic of China that provide support to the People’s Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and investments made by the Government of the People’s Republic of China and entities directed or backed by the Government of the People’s Republic of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region.
Subtitle F—Other matters
Sec. 1271. North Atlantic Treaty Organization Special Operations Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership among Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observers.
Sec. 1279. Briefing on Department of Defense program to protect United States students against foreign agents.
Title XIV—Other Authorizations
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
Subtitle C—Other Matters
Sec. 1421. 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. 1422. Authorization of appropriations for Armed Forces Retirement Home.
Title XV—Cyber And Information Operations Matters
Subtitle A—Cyber matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United States Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cybersecurity program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy with National Defense Strategy and Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence, and digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense information and influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of assessments relating to cybersecurity of the defense industrial base.
Subtitle C—Personnel
Sec. 1531. Cyber operations-peculiar awards.
Sec. 1532. Establishment of Cyber Operations Designator and rating for the Navy.
Sec. 1533. Total force generation for the Cyberspace Operations Forces.
Sec. 1534. Correcting cyber mission force readiness shortfalls.
Sec. 1535. Department of Defense Cyber and Digital Service Academy.
Sec. 1536. Report on recommendations from Navy Civilian Career Path study.
Sec. 1537. Study to determine optimal strategy for structuring and manning elements of Joint Force Headquarters–Cyber Organizations, Joint Mission Operations Centers, and Cyber Operations-Integrated Planning Elements.
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office of the Chief Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D—Reports and other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related information with foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology budget data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of recommendations from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency and United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget control responsibility to Commander of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adversaries in the information environment.
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. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space technology development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capabilities Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support operational preparation of the environment.
Subtitle C—Nuclear Forces
Sec. 1631. Biannual briefing on nuclear weapons and related activities.
Sec. 1632. Industrial base monitoring for B–21 and Sentinel programs.
Sec. 1633. Improvements to Nuclear Weapons Council.
Sec. 1634. Portfolio management framework for nuclear forces.
Sec. 1635. Extension of requirement to report on nuclear weapons stockpile.
Sec. 1636. Modification and extension of annual assessment of cyber resilience of nuclear command and control system.
Sec. 1637. Modification of reports on Nuclear Posture Review implementation.
Sec. 1638. Establishment of intercontinental ballistic missile site activation task force for Sentinel program.
Sec. 1639. Prohibition on reduction of the intercontinental ballistic missiles of the United States.
Sec. 1640. Plan for development of reentry vehicles.
Sec. 1641. Treatment of nuclear modernization and hypersonic missile programs within Defense Priorities and Allocations System.
Sec. 1642. Matters relating to nuclear-capable sea-launched cruise missile.
Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense information and systems.
Sec. 1654. Next generation interceptors for missile defense of United States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report on implementation of the cruise missile defense architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United States.
Subtitle E—Other matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard and deeply buried targets.
Title XVII—Munitions Replenishment and Future Procurement
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot air and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and capacity needs for munitions production and stockpiling.
Division B—Military Construction Authorizations
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by law.
Sec. 2803. Effective date and automatic execution of conforming changes to tables of sections, tables of contents, and similar tabular entries.
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 fiscal year 2019 project at Camp Tango, Korea.
Sec. 2106. Extension and 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 Navy electrical utility system 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.
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 Navy Reserve and Marine Corps Reserve construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Corrections to authority to carry out certain fiscal year 2022 projects.
Sec. 2608. 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.
Sec. 2703. Prohibition on conducting additional base realignment and closure (BRAC) round.
Title XXVIII—Military Construction General Provisions
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to carry out unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor military construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development, test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installations, and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for military construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction projects outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Facilities Criteria to include specifications on use of gas insulated switchgear and criteria and specifications on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that impact cost and scope of work of military construction projects.
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391 with annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical conditions of residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installation resilience component of master plans for at-risk major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military construction projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military installations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of certain projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of Inspectors General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil aviation.
Sec. 2875. Electrical charging capability construction requirements relating to parking for Federal Government motor vehicles.
Title XXIX—Fallon Range Training Complex
Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.
Sec. 2902. Numu Newe Special Management Area.
Sec. 2903. National conservation areas.
Sec. 2904. Collaboration with State and county.
Sec. 2905. Wilderness areas in Churchill County, Nevada.
Sec. 2906. Release of wilderness study areas.
Sec. 2907. Land conveyances and exchanges.
Sec. 2908. Checkerboard resolution.
Subtitle B—Lander County Economic Development and Conservation
Sec. 2911. Definitions.
Part I—Lander County Public Purpose Land Conveyances
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
Part II—Lander County Wilderness Areas
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national security requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of nonoperational defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the Air Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium pit aging.
Sec. 3125. National Nuclear Security Administration facility advanced manufacturing development.
Sec. 3126. Authorization of workforce development and training partnership programs within National Nuclear Security Administration.
Subtitle C—Reports and other matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and other provisions.
Title XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
Title XXXIV—Naval Petroleum Reserves
Sec. 3401. Authorization of appropriations.
Title XXXV—Maritime Administration
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes procured, furnished, or financed by other Federal departments and agencies.
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy cadets on certain vessels.
Subtitle C—Maritime Infrastructure
Sec. 3521. United States marine highway program.
Sec. 3522. Port infrastructure development grants.
Sec. 3523. Project selection criteria for port infrastructure development program.
Sec. 3524. Infrastructure improvements identified in the report on strategic seaports.
Sec. 3525. GAO review of Government efforts to promote growth and modernization of United States Merchant Fleet.
Sec. 3526. GAO review of Federal efforts to enhance port infrastructure resiliency and disaster preparedness.
Sec. 3527. Study on foreign investment in shipping.
Sec. 3528. Report on alternate marine fuel bunkering facilities at ports.
Sec. 3529. Study of cybersecurity and national security threats posed by foreign manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Sec. 3531. Improving Protections for Midshipmen.
Sec. 3532. Maritime Technical Advancement Act.
Sec. 3533. Ensuring diverse mariner recruitment.
Sec. 3534. Low emissions vessels training.
Subtitle E—Other Matters
Sec. 3541. Waiver of navigation and vessel inspection laws.
Sec. 3542. National maritime strategy.
Sec. 3543. Maritime Environmental and Technical Assistance Program.
Sec. 3544. Definition of qualified vessel.
Sec. 3545. Establishing a capital construction fund.
Sec. 3546. Recapitalization of National Defense Reserve Fleet.
Sec. 3547. Sense of Congress on Merchant Marine.
Sec. 3548. Analysis of effects of chemicals in stormwater runoff on Pacific salmon and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Division D—Funding Tables
Sec. 4001. Authorization of amounts in funding tables.
Title XLI—Procurement
Sec. 4101. Procurement.
Title XLII—Research, Development, Test, and Evaluation
Sec. 4201. Research, development, test, and evaluation.
Title XLIII—Operation and Maintenance
Sec. 4301. Operation and maintenance.
Title XLIV—Military Personnel
Sec. 4401. Military personnel.
Title XLV—Other Authorizations
Sec. 4501. Other authorizations.
Title XLVI—Military Construction
Sec. 4601. Military construction.
Title XLVII—Department of Energy National Security Programs
Sec. 4701. Department of Energy National Security Programs.
Division E—Non-Department of Defense Matters
Title LI—Veterans Affairs Matters
Subtitle A—Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United States Outlying Areas and Freely Associated States.
Subtitle B—Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of information on Department of Veterans Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Veterans Affairs.
Subtitle C—Other Matters
Sec. 5121. Improved application of employment and reemployment rights of all members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing Act of 2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of Veterans Affairs of donated facilities and related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical occupations; program on intermediate care technicians of Department of Veterans Affairs.
Title LII—Inspector General Independence And Empowerment Matters
Subtitle A—Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B—Presidential Explanation of Failure to Nominate an Inspector General
Sec. 5221. 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. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports to Congress.
Sec. 5233. Availability of information to Congress on certain allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of establishments by the Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in Status of Inspector General
Sec. 5241. 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. 5251. CIGIE report on expenditures.
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors General.
Subtitle G—Training Resources for Inspectors General and Other Matters
Sec. 5271. Training resources for Inspectors General.
Sec. 5272. Definition of appropriate congressional committees.
Sec. 5273. Semiannual reports.
Sec. 5274. Submission of reports that specifically identify non-governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of evacuees from Afghanistan and the Afghanistan special immigrant visa program.
Title LIII—Oversight and Reform Matters
Subtitle A—General Provisions
Sec. 5301. Access for Veterans to Records.
Sec. 5302. ONDCP supplemental strategies.
Sec. 5303. Performance Enhancement.
Sec. 5304. Appeals to merit systems protection board relating to FBI reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and supporting positions.
Title LIV—21st Century Assistive Technology Act
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
Title LV—Foreign affairs matters
Subtitle A—Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
Part 1—Implementation of an Enhanced Defense Partnership Between the United States and Taiwan
Sec. 5502. Modernizing Taiwan’s security capabilities to deter and, if necessary, defeat aggression by the People’s Republic of China.
Sec. 5503. Increase in annual regional contingency stockpile additions and support for Taiwan.
Sec. 5504. International military education and training cooperation with Taiwan.
Sec. 5505. Additional authorities to support Taiwan.
Sec. 5506. Multi-year plan to fulfill defensive requirements of military forces of Taiwan.
Sec. 5507. Fast-tracking sales to Taiwan under Foreign Military Sales program.
Sec. 5508. Arms exports delivery solutions for Taiwan and United States allies in the Indo-Pacific.
Sec. 5509. Assessment of Taiwan’s needs for civilian defense and resilience.
Sec. 5510. Annual report on Taiwan defensive military capabilities and intelligence support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
Part 2—Countering People’s Republic of China’s Coercion and Influence Campaigns
Sec. 5513. Strategy to respond to influence and information operations targeting Taiwan.
Sec. 5514. Task force to counter economic coercion by the People’s Republic of China.
Sec. 5515. China censorship monitor and action group.
Part 3—Inclusion of Taiwan in International Organizations
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the international community.
Sec. 5518. Strategy to support Taiwan’s meaningful participation in international organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Aviation Organization.
Part 4—Miscellaneous Provisions
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People’s Republic of China’s nuclear threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the objectives of the People’s Republic of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations with Taiwan.
Part 5—Supporting United States Educational and Exchange Programs with Taiwan
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with Taiwan.
Part 6—United States-Taiwan Public Health Protection
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
Part 7—Rules of Construction
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Subtitle B—United States-Ecuador Partnership Act of 2022
Sec. 5541. Short title.
Sec. 5542. Sense of Congress.
Sec. 5543. Facilitating economic and commercial ties.
Sec. 5544. Promoting inclusive economic development.
Sec. 5545. Combating illicit economies, corruption, and negative foreign influence.
Sec. 5546. Strengthening democratic governance.
Sec. 5547. Fostering conservation and stewardship.
Sec. 5548. Authorization to transfer excess Coast Guard vessels.
Sec. 5549. Reporting requirements.
Sec. 5550. Sunset.
Subtitle C—FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to illicit use of covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D—International Pandemic Preparedness
Sec. 5559. Short title.
Sec. 5560. Definitions.
Sec. 5561. Enhancing the United States’ international response to pandemics.
Sec. 5562. International pandemic prevention and preparedness.
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention, Preparedness, and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E—Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
Part 1—Matters relating to the conflict in Burma
Sec. 5569. Statement of policy.
Part 2—Sanctions and policy coordination with respect to Burma
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to Burma.
Sec. 5574. Sunset.
Part 3—Authorizations of appropriations for assistance for Burma
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.
Part 4—Efforts against human rights abuses
Sec. 5578. Authorization to provide technical assistance for efforts against human rights abuses.
Part 5—Sanctions exception relating to importation of goods
Sec. 5579. Sanctions exception relating to importation of goods.
Subtitle F—Promotion of freedom of information and countering of censorship and surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea’s repressive information environment.
Sec. 5584. Promoting freedom of information and countering censorship and surveillance in North Korea.
Subtitle G—Other matters
Sec. 5585. Congressional notification for rewards paid using cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef Conservation Act of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of 2022.
Subtitle H—Reports
Sec. 5594. Modification to peacekeeping operations report.
Sec. 5595. Report on Indo-Pacific region.
Sec. 5596. Report on humanitarian situation and food security in Lebanon.
Sec. 5597. Statement of policy and report on engaging with Niger.
Sec. 5598. Report on bilateral security and law enforcement cooperation with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in the international counterterrorism academy in Côte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family members in North Korea.
Subtitle I—Sense of Congress provisions
Sec. 5599C. Sense of Congress regarding the status of China.
Sec. 5599D. Sense of Congress regarding Israel.
Sec. 5599E. Sense of Congress relating to the NATO Parliamentary Assembly.
Sec. 5599F. Condemning detention and indictment of Russian opposition leader Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons by Iran.
Title LVI—Transportation and Infrastructure
Sec. 5601. Designation of small State and rural advocate.
Sec. 5602. Flexibility.
Sec. 5603. Preliminary damage assessment.
Sec. 5604. Letter of deviation authority.
Sec. 5605. Recognizing FEMA support.
Title LVII—Financial Services Matters
Sec. 5701. United States policy on World Bank Group and Asian Development Bank assistance to the People’s Republic of China.
Sec. 5702. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
Title LVIII—Financial Data Transparency
Sec. 5801. Short title.
Subtitle A—Data standards for covered agencies; Department of the Treasury rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B—Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange Commission.
Sec. 5822. Open data publication by the Securities and Exchange Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Office of the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bureau of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F—Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the Federal Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Reserve System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Subtitle G—National Credit Union Administration
Sec. 5871. Data standards.
Sec. 5872. Open data publication by the National Credit Union Administration.
Sec. 5873. Rulemaking.
Sec. 5874. No new disclosure requirements.
Subtitle H—Federal Housing Finance Agency
Sec. 5881. Data standards requirements for the Federal Housing Finance Agency.
Sec. 5882. Open data publication by the Federal Housing Finance Agency.
Sec. 5883. Rulemaking.
Sec. 5884. No new disclosure requirements.
Subtitle I—Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
Title LIX—Other Matters
Subtitle A—Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E–1 and E–2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors' bill of rights.
Sec. 5904. Extending the statute of limitations for certain money laundering offenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger technology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D—Judicial Security and Privacy
Sec. 5931. Short title.
Sec. 5932. Findings and purpose.
Sec. 5933. Definitions.
Sec. 5934. Protecting covered information in public records.
Sec. 5935. Training and education.
Sec. 5936. Vulnerability management capability.
Sec. 5937. Rules of construction.
Sec. 5938. Severability.
Sec. 5939. Effective date.
Subtitle E—Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain shortfalls and infrastructure needs at wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of Reclamation dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration property in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-binding instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
Division F—Intelligence Authorization Act for Fiscal Year 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
Title LXI—Intelligence activities
Sec. 6101. Authorization of appropriations.
Sec. 6102. Classified Schedule of Authorizations.
Sec. 6103. Intelligence Community Management Account.
Sec. 6104. Restriction on conduct of intelligence activities.
Sec. 6105. Increase in employee compensation and benefits authorized by law.
Title LXII—Central Intelligence Agency retirement and disability system
Sec. 6201. Authorization of appropriations.
Title LXIII—General intelligence community matters
Sec. 6301. Modification of requirements for certain employment activities by former intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for intelligence community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdiction to facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller General of the United States for the Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national security systems.
Sec. 6310. Review and briefing on intelligence community activities under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation and use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
Title LXIV—Matters relating to elements of the intelligence community
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director of National Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide protection for certain personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.
Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence Agency.
Sec. 6433. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program.
Sec. 6436. Briefing on coordination between intelligence community and Bureau of Industry and Security.
Title LXV—Matters relating to foreign countries
Subtitle A—Intelligence matters relating to the People's Republic of China
Sec. 6501. Report on wealth and corrupt activities of the leadership of the Chinese Communist Party.
Sec. 6502. Identification and threat assessment of companies with investments by the People's Republic of China.
Sec. 6503. Intelligence community working group for monitoring the economic and technological capabilities of the People’s Republic of China.
Sec. 6504. Annual report on concentrated reeducation camps in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.
Sec. 6505. Assessments of production of semiconductors by the People's Republic of China.
Subtitle B—Miscellaneous authorities, requirements, and limitations
Sec. 6511. Notice of deployment or transfer of containerized missile systems by Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities accountability.
Sec. 6513. Lead intelligence community coordinator for countering and neutralizing proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets.
Subtitle C—Reports and other matters
Sec. 6521. Report on assessing will to fight.
Sec. 6522. Report on threat from hypersonic weapons.
Sec. 6523. Report on ordnance of Russia and China.
Sec. 6524. Report on activities of China and Russia targeting Latin America and the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community for atrocity prevention and accountability.
Title LXVI—Intelligence community workforce matters
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted Workforce 2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information for certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space certified as sensitive compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligence community.
Title LXVII—Matters relating to emerging technologies
Subtitle A—General matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National Intelligence for artificial intelligence policies, standards, and guidance for the intelligence community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements relating to procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access by certain contractors; reports on expansion of security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Acquisition Regulation relating to commercially available off-the-shelf items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community relating to science, technology, engineering, and math, and related areas.
Subtitle D—Talent, education, and training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
Title LXVIII—Other matters
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemisphere.
Sec. 6806. Report on international norms, rules, and principles applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Russian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia's invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment of anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing requirements.
Sec. 6812. Increased intelligence-related engineering, research, and development capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in personnel vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence activities.
Sec. 6820. Report on declassification efforts of Central Intelligence Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
Division G—Homeland Security
Title LXXI—Homeland Security Matters
Subtitle A—Strengthening Security in our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit Security Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B—Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-protégé program.
Sec. 7116. DHS economic security council.
Subtitle C—Enhancing Cybersecurity Training and Operations
Sec. 7121. President’s Cup Cybersecurity Competition.
Sec. 7122. Industrial control systems cybersecurity training.
Sec. 7123. National Computer Forensics Institute reauthorization.
Sec. 7124. Report on cybersecurity roles and responsibilities of the Department of Homeland Security.
Subtitle D—Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages to advance traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection personnel on the use of containment devices to prevent secondary exposure to fentanyl and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug interdiction at and between ports of entry.
Subtitle E—Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
Title LXXII—Governmental Affairs
Subtitle A—Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A—Improving Government for America's Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority recommendations.
Subtitle B—Advancing American AI Act
Sec. 7221. Short title.
Sec. 7222. Purposes.
Sec. 7223. Definitions.
Sec. 7224. Principles and policies for use of artificial intelligence in Government.
Sec. 7225. Agency inventories and artificial intelligence use cases.
Sec. 7226. Rapid pilot, deployment and scale of applied artificial intelligence capabilities to demonstrate modernization activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Subtitle C—Strategic EV Management
Sec. 7231. Short Title.
Sec. 7232. Definitions.
Sec. 7233. Strategic guidance.
Sec. 7234. Study of Federal fleet vehicles.
Subtitle D—Congressionally mandated reports
Sec. 7241. Short title.
Sec. 7242. Definitions.
Sec. 7243. Establishment of online portal for congressionally mandated reports.
Sec. 7244. Federal agency responsibilities.
Sec. 7245. Changing or removing reports.
Sec. 7246. Withholding of information.
Sec. 7247. Implementation.
Sec. 7248. Determination of budgetary effects.
Title LXXIII—Transportation and Infrastructure Matters
Subtitle A—Global Catastrophic Risk Management Act of 2022
Sec. 7301. Short title.
Sec. 7302. Definitions.
Sec. 7303. Assessment of global catastrophic risk.
Sec. 7304. Report required.
Sec. 7305. Enhanced catastrophic incident annex.
Sec. 7306. Validation of the strategy through an exercise.
Sec. 7307. Recommendations.
Sec. 7308. Reporting requirements.
Sec. 7309. Rules of construction.
Subtitle B—Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological hazards and related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C—Other Matters
Sec. 7321. Crisis counseling assistance and training.
Division H—Water Resources
Title LXXXI—Water Resources Development Act of 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A—General Provisions
Sec. 8101. Federal breakwaters and jetties.
Sec. 8102. Emergency response to natural disasters.
Sec. 8103. Shoreline and riverbank protection and restoration mission.
Sec. 8104. Floodplain management services.
Sec. 8105. Public recreational amenities in ecosystem restoration projects.
Sec. 8106. Scope of feasibility studies.
Sec. 8107. Water supply conservation.
Sec. 8108. Managed aquifer recharge study and working group.
Sec. 8109. Updates to certain water control manuals.
Sec. 8110. National coastal mapping study.
Sec. 8111. Tribal partnership program.
Sec. 8112. Tribal Liaison.
Sec. 8113. Tribal assistance.
Sec. 8114. Cost sharing provisions for the territories and Indian Tribes.
Sec. 8115. Tribal and Economically Disadvantaged Communities Advisory Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities; outreach.
Sec. 8118. Pilot programs for certain communities.
Sec. 8119. Technical assistance.
Sec. 8120. Technical assistance for levee inspections.
Sec. 8121. Assessment of Corps of Engineers levees.
Sec. 8122. National low-head dam inventory.
Sec. 8123. Expediting hydropower at Corps of Engineers facilities.
Sec. 8124. Reserve component training at water resources development projects.
Sec. 8125. Payment of pay and allowances of certain officers from appropriation for improvements.
Sec. 8126. Maintenance dredging permits.
Sec. 8127. Environmental dredging.
Sec. 8128. Assessment of regional confined aquatic disposal facilities.
Sec. 8129. Studies for periodic nourishment.
Sec. 8130. Beneficial use of dredged material; management plans.
Sec. 8131. Criteria for funding operation and maintenance of small, remote, and subsistence harbors.
Sec. 8132. Additional projects for underserved community harbors.
Sec. 8133. Inland waterways regional dredge pilot program.
Sec. 8134. NEPA reporting.
Sec. 8135. Funding to process permits.
Sec. 8136. Lease durations.
Sec. 8137. Reforestation.
Sec. 8138. Emergency streambank and shoreline protection.
Sec. 8139. Lease deviations.
Sec. 8140. Policy and technical standards.
Sec. 8141. Corps records relating to harmful algal blooms in Lake Okeechobee, Florida.
Sec. 8142. Forecasting models for the Great Lakes.
Sec. 8143. Monitoring and assessment program for saline lakes in the Great Basin.
Sec. 8144. Chattahoochee River program.
Sec. 8145. Lower Mississippi River Basin demonstration program.
Sec. 8146. Washington Aqueduct.
Sec. 8147. Water infrastructure public-private partnership pilot program.
Sec. 8148. Advance payment in lieu of reimbursement for certain Federal costs.
Sec. 8149. Use of other Federal funds.
Sec. 8150. Non-Federal Interest Advisory Committee.
Sec. 8151. Materials, services, and funds for repair, restoration, or rehabilitation of certain public recreation facilities.
Sec. 8152. Rehabilitation of pump stations.
Sec. 8153. Report to Congress on Corps of Engineers reservoirs.
Sec. 8154. Temporary relocation assistance pilot program.
Sec. 8155. Continuation of construction.
Sec. 8156. Federal interest determination.
Sec. 8157. Inland waterway projects.
Sec. 8158. Corps of Engineers Western Water Cooperative Committee.
Sec. 8159. Support of Army civil works missions.
Sec. 8160. Civil works research and development.
Sec. 8161. Sense of Congress on operations and maintenance of recreation sites.
Sec. 8162. Sense of Congress relating to post-disaster repairs.
Subtitle B—Studies and Reports
Sec. 8201. Authorization of proposed feasibility studies.
Sec. 8202. Expedited completion.
Sec. 8203. Expedited modifications of existing feasibility studies.
Sec. 8204. Corps of Engineers reservoir sedimentation assessment.
Sec. 8205. Report and recommendations on dredge capacity.
Sec. 8206. Assessment of impacts from changing operation and maintenance responsibilities.
Sec. 8207. Maintenance dredging data.
Sec. 8208. Western infrastructure study.
Sec. 8209. Recreation and economic development at Corps facilities in Appalachia.
Sec. 8210. Ouachita River watershed, Arkansas and Louisiana.
Sec. 8211. Report on Santa Barbara streams, Lower Mission Creek, California.
Sec. 8212. Disposition study on Salinas Dam and Reservoir, California.
Sec. 8213. Excess lands report for Whittier Narrows Dam, California.
Sec. 8214. Comprehensive central and southern Florida study.
Sec. 8215. Northern estuaries ecosystem restoration, Florida.
Sec. 8216. Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Sec. 8217. Report on South Florida ecosystem restoration plan implementation.
Sec. 8218. Great Lakes recreational boating.
Sec. 8219. Hydraulic evaluation of Upper Mississippi River and Illinois River.
Sec. 8220. Disposition study on hydropower in the Willamette Valley, Oregon.
Sec. 8221. Houston Ship Channel Expansion Channel Improvement Project, Texas.
Sec. 8222. Sabine–Neches waterway navigation improvement project, Texas.
Sec. 8223. Norfolk Harbor and Channels, Virginia.
Sec. 8224. Coastal Virginia, Virginia.
Sec. 8225. West Virginia hydropower.
Sec. 8226. Electronic preparation and submission of applications.
Sec. 8227. Investments for recreation areas.
Sec. 8228. Automated fee machines.
Sec. 8229. Review of recreational hazards.
Sec. 8230. Assessment of coastal flooding mitigation modeling and testing capacity.
Sec. 8231. Report on socially and economically disadvantaged small business concerns.
Sec. 8232. Report on solar energy opportunities.
Sec. 8233. Report to Congress on economic valuation of preservation of open space, recreational areas, and habitat associated with project lands.
Sec. 8234. Report on corrosion prevention activities.
Sec. 8235. Report to Congress on easements related to water resources development projects.
Sec. 8236. GAO studies.
Sec. 8237. Assessment of forest, rangeland, and watershed restoration services on lands owned by the Corps of Engineers.
Subtitle C—Deauthorizations and Modifications
Sec. 8301. Deauthorization of inactive projects.
Sec. 8302. Watershed and river basin assessments.
Sec. 8303. Forecast-informed reservoir operations.
Sec. 8304. Lakes program.
Sec. 8305. Invasive species.
Sec. 8306. Maintenance of navigation channels.
Sec. 8307. Project reauthorizations.
Sec. 8308. Special rule for certain beach nourishment projects.
Sec. 8309. Columbia River Basin.
Sec. 8310. Evaluation of hydrologic changes in Souris River Basin.
Sec. 8311. Acequias irrigation systems.
Sec. 8312. Port of Nome, Alaska.
Sec. 8313. St. George, Alaska.
Sec. 8314. Unalaska (Dutch Harbor) Channels, Alaska.
Sec. 8315. Storm damage prevention and reduction, coastal erosion, and ice and glacial damage, Alaska.
Sec. 8316. St. Francis Lake Control Structure.
Sec. 8317. South Platte River and Tributaries, Adams and Denver Counties, Colorado.
Sec. 8318. Fruitvale Avenue Railroad Bridge, Alameda, California.
Sec. 8319. Los Angeles County, California.
Sec. 8320. Deauthorization of designated portions of the Los Angeles County Drainage Area, California.
Sec. 8321. Murrieta Creek, California.
Sec. 8322. Sacramento River Basin, California.
Sec. 8323. San Diego River and Mission Bay, San Diego County, California.
Sec. 8324. Additional assistance for Eastern Santa Clara Basin, California.
Sec. 8325. San Francisco Bay, California.
Sec. 8326. South San Francisco Bay Shoreline, California.
Sec. 8327. Delaware shore protection and restoration.
Sec. 8328. St. Johns River Basin, Central and Southern Florida.
Sec. 8329. Little Pass, Clearwater Bay, Florida.
Sec. 8330. Comprehensive Everglades Restoration Plan, Florida.
Sec. 8331. Palm Beach Harbor, Florida.
Sec. 8332. Port Everglades, Florida.
Sec. 8333. South Florida Ecosystem Restoration Task Force.
Sec. 8334. New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Sec. 8335. Little Wood River, Gooding, Idaho.
Sec. 8336. Chicago shoreline protection.
Sec. 8337. Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County, Illinois.
Sec. 8338. Southeast Des Moines, Southwest Pleasant Hill, Iowa.
Sec. 8339. City of El Dorado, Kansas.
Sec. 8340. Algiers Canal Levees, Louisiana.
Sec. 8341. Mississippi River Gulf Outlet, Louisiana.
Sec. 8342. Camp Ellis, Saco, Maine.
Sec. 8343. Lower Mississippi River comprehensive management study.
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and Illinois Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and New Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D—Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
Title LXXXV—Clean Water
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
Division I—Department of State Authorizations
Sec. 9001. Short title.
Sec. 9002. Definitions.
Title XCI—Organization and Operations of the Department of State
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance and the Bureau of International Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of State's Unit for Subnational Diplomacy.
Title XCII—Personnel issues
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to, harassment, discrimination, sexual assault, and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and technology fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional development for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain monthly workers' compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign Service.
Sec. 9220. Expanding scope of fellowship programs to include civil servants.
Title XCIII—Embassy security and construction
Sec. 9301. Amendments to Secure Embassy Construction and Counterterrorism Act of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands, Kiribati, and Tonga and a diplomatic presence in Vanuatu.
Title XCIV—A diverse workforce: recruitment, retention, and promotion
Sec. 9401. Report on barriers to applying for employment with the Department of State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department of State workforce.
Sec. 9405. Rule of construction.
Title XCV—Information security and cyber diplomacy
Sec. 9501. United States international cyberspace policy.
Sec. 9502. Bureau of Cyberspace and Digital Policy.
Sec. 9503. International cyberspace and digital policy strategy.
Sec. 9504. Government Accountability Office report on cyber diplomacy.
Sec. 9505. Report on diplomatic programs to detect and respond to cyber threats against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec. 9508. Establishment and expansion of Regional Technology Officer Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program report.
Title XCVI—Public diplomacy
Sec. 9601. United States participation in international fairs and expositions.
Sec. 9602. Under Secretary for Public Diplomacy and Public Affairs.
Sec. 9603. Report on public diplomacy.
Sec. 9604. Promoting peace, education, and cultural exchange through music diplomacy.
Title XCVII—Other matters
Sec. 9701. Supporting the employment of United States citizens by international organizations.
Sec. 9702. Increasing housing availability for certain employees assigned to the United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping operations not authorized by the United Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, and the Open Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available without approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources abroad.
Sec. 9711. Overseas United States strategic infrastructure development projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications through United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domestic Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
Title XCVIII—Extension of authorities
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of State.
Division J—Oceans and Atmosphere
Sec. 10000. Table of contents.
Title C—Coral Reef Conservation
Subtitle A—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Subtitle B—United States Coral Reef Task Force
Sec. 10011. Establishment.
Sec. 10012. Duties.
Sec. 10013. Membership.
Sec. 10014. Responsibilities of Federal agency members.
Sec. 10015. Working groups.
Sec. 10016. Definitions.
Subtitle C—Department of the Interior coral reef authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D—Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
Title CI—Bolstering Long-term Understanding and Exploration of the Great Lakes, Oceans, Bays, and Estuaries
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
Title CII—Regional Ocean Partnerships
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
Title CIII—National Ocean Exploration
Sec. 10301. Findings.
Sec. 10302. Definitions.
Sec. 10303. Ocean Policy Committee.
Sec. 10304. National Ocean Mapping, Exploration, and Characterization Council.
Sec. 10305. Modifications to the ocean exploration program of the National Oceanic and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the National Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
Title CIV—Marine Mammal Research and Response
Sec. 10401. Data collection and dissemination.
Sec. 10402. Stranding or entanglement response agreements.
Sec. 10403. Unusual mortality event activity funding.
Sec. 10404. Liability.
Sec. 10405. National Marine Mammal Tissue Bank and tissue analysis.
Sec. 10406. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.
Sec. 10407. Health MAP.
Sec. 10408. Reports to Congress.
Sec. 10409. Authorization of appropriations.
Sec. 10410. Definitions.
Sec. 10411. Study on marine mammal mortality.
Title CV—Volcanic Ash and Fumes
Sec. 10501. Modifications to National Volcano Early Warning and Monitoring System.
Title CVI—Learning Excellence and Good Examples from New Developers
Sec. 10601. Learning excellence and good examples from new developers.
Division K—Don Young Coast Guard Authorization Act of 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
Title CXI—Authorizations
Sec. 11101. Authorization of appropriations.
Sec. 11102. Authorized levels of military strength and training.
Sec. 11103. Authorization for certain programs and services.
Sec. 11104. Availability of amounts for acquisition of additional vessels.
Sec. 11105. Shoreside infrastructure and facilities.
Sec. 11106. Coast Guard yard resilient infrastructure and construction improvement.
Title CXII—Coast Guard
Subtitle A—Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.
Sec. 11202. Report and briefing on resourcing strategy for Western Pacific region.
Sec. 11203. Study and report on national security and drug trafficking threats in Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Subtitle B—Great Lakes
Sec. 11212. Great Lakes winter commerce.
Sec. 11213. Database on icebreaking operations in Great Lakes.
Sec. 11214. Center of expertise for Great Lakes oil spill search and response.
Sec. 11215. Great Lakes snowmobile acquisition plan.
Sec. 11216. Great Lakes barge inspection exemption.
Sec. 11217. Study on sufficiency of Coast Guard aviation assets to meet mission demands.
Subtitle C—Arctic
Sec. 11218. Establishment of medium icebreaker program office.
Sec. 11219. Arctic activities.
Sec. 11220. Study on Arctic operations and infrastructure.
Sec. 11221. Pribilof Island transition completion actions.
Sec. 11222. Report on shipyards of Finland and Sweden.
Sec. 11223. Acquisition of icebreaker.
Subtitle D—Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous control and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation system.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft and strategy for Coast Guard Aviation.
Subtitle F—Workforce Readiness
Sec. 11234. Authorized strength.
Sec. 11235. Continuation of officers with certain critical skills on active duty.
Sec. 11236. Number and distribution of officers on active duty promotion list.
Sec. 11237. Career incentive pay for marine inspectors.
Sec. 11238. Expansion of ability for selection board to recommend officers of particular merit for promotion.
Sec. 11239. Modification to education loan repayment program.
Sec. 11240. Retirement of Vice Commandant.
Sec. 11241. Report on resignation and retirement processing times and denial.
Sec. 11242. Calculation of active service.
Sec. 11243. Physical Disability Evaluation System procedure review.
Sec. 11244. Expansion of authority for multirater assessments of certain personnel.
Sec. 11245. Promotion parity.
Sec. 11246. Partnership program to diversify Coast Guard.
Sec. 11247. Expansion of Coast Guard Junior Reserve Officers’ Training Corps.
Sec. 11248. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members.
Sec. 11249. Strategy to enhance diversity through recruitment and accession.
Sec. 11250. Support for Coast Guard Academy.
Sec. 11251. Training for congressional affairs personnel.
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard personnel.
Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard Station South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities associated with Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing for fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims' Counsel program.
Title CXIII—Environment
Subtitle A—Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound region.
Sec. 11305. Monitoring ocean soundscapes.
Subtitle B—Oil Spills
Sec. 11306. Report on changing salvors.
Sec. 11307. Limited indemnity provisions in standby oil spill response contracts.
Sec. 11308. Improving oil spill preparedness.
Sec. 11309. Western Alaska oil spill planning criteria.
Sec. 11310. Coast Guard claims processing costs.
Sec. 11311. Calculation of interest on debt owed to national pollution fund.
Sec. 11312. Per-incident limitation.
Sec. 11313. Access to Oil Spill Liability Trust Fund.
Sec. 11314. Cost-reimbursable agreements.
Sec. 11315. Oil spill response review.
Sec. 11316. Additional exceptions to regulations for towing vessels.
Sec. 11317. Port Coordination Council for Point Spencer.
Subtitle C—Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established anchorage grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from development of renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fishing gear.
Subtitle D—Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and related stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E—Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.
Chapter 1—Combating Human Trafficking Through Seafood Import Monitoring
Sec. 11330. Enhancement of Seafood Import Monitoring Program Message Set in Automated Commercial Environment system.
Sec. 11331. Data sharing and aggregation.
Sec. 11332. Import audits.
Sec. 11333. Availability of fisheries information.
Sec. 11334. Report on Seafood Import Monitoring Program.
Sec. 11335. Authorization of appropriations.
Chapter 2—Strengthening International Fisheries Management To Combat Human Trafficking
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
Title CXIV—Support for Coast Guard Workforce
Subtitle A—Support for Coast Guard Members and Families
Sec. 11401. Coast Guard child care improvements.
Sec. 11402. Armed Forces access to Coast Guard child development services.
Sec. 11403. Cadet pregnancy policy improvements.
Sec. 11404. Combat-related special compensation.
Sec. 11405. Study on food security.
Subtitle B—Healthcare
Sec. 11406. Development of medical staffing standards for Coast Guard.
Sec. 11407. Healthcare system review and strategic plan.
Sec. 11408. Data collection and access to care.
Sec. 11409. Behavioral health policy.
Sec. 11410. Members asserting post-traumatic stress disorder or traumatic brain injury.
Sec. 11411. Improvements to Physical Disability Evaluation System and transition program.
Sec. 11412. Expansion of access to counseling.
Sec. 11413. Expansion of postgraduate opportunities for members of Coast Guard in medical and related fields.
Sec. 11414. Study on Coast Guard medical facilities needs.
Sec. 11415. Study on Coast Guard telemedicine program.
Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
Title CXV—Maritime
Subtitle A—Vessel Safety
Sec. 11501. Responses to safety recommendations.
Sec. 11502. Requirements for DUKW amphibious passenger vessels.
Sec. 11503. Exoneration and limitation of liability for small passenger vessels.
Sec. 11504. At-sea recovery operations pilot program.
Sec. 11505. Historic wood sailing vessels.
Sec. 11506. Certificates of numbers for undocumented vessels.
Sec. 11507. Comptroller General review and report on Coast Guard oversight of third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B—Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Subtitle C—Other Matters
Sec. 11516. Nonoperating individual.
Sec. 11517. Oceanographic research vessels.
Sec. 11518. Port access routes briefing.
Sec. 11519. Definition of stateless vessel.
Sec. 11520. Limitation on recovery for certain injuries incurred in aquaculture activities.
Sec. 11521. Report on securing vessels and cargo.
Sec. 11522. Report on enforcement of coastwise laws.
Sec. 11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 11524. Prohibition on entry and operation.
Sec. 11525. Floating dry docks.
Sec. 11526. Updated requirements for fishing crew agreements.
Title CXVI—Sexual Assault and Sexual Harassment Prevention and Response
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
Title CXVII—National Oceanic and Atmospheric Administration
Subtitle A—National Oceanic and Atmospheric Administration Commissioned Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B—Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and Atmospheric Administration in Juneau, Alaska.
Title CXVIII—Technical, Conforming, and Clarifying Amendments
Sec. 11801. Terms and vacancies.
Sec. 11802. Passenger vessel security and safety requirements.
Sec. 11803. Technical corrections.
Sec. 11804. Transportation worker identification credential technical amendments.
Sec. 11805. Reinstatement.
Sec. 11806. Determination of budgetary effects.
Sec. 11807. Technical amendment.
Sec. 11808. Lighthouse service amendments.
Congressional defense committees
In this Act, the term congressional defense committees
has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Budgetary effects of this Act
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation
for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.
Explanatory statement
The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about December 7, 2022, by the Chairman of the Committee on Armed Services of the House of Representatives and the Chairman of the Committee on Armed Services of the Senate, shall have the same effect with respect to the implementation of this Act as if it were a joint explanatory statement of a committee of conference.
DEPARTMENT OF DEFENSE AUTHORIZATIONS
PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration of E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment oiler ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker aircraft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–1 bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines for HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform for the Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use parts in certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion, power, and thermal management systems of F–35 aircraft.
Authorization of Appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2023 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.
Army Programs
Limitations on production of Extended Range Cannon Artillery howitzers
Limitations
In carrying out the acquisition of Extended Range Cannon Artillery howitzers, the Secretary of the Army shall—
limit production of prototype Extended Range Cannon Artillery howitzers to not more than 20;
compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach;
include in any cost analysis or comparison—
the monetary value of a Paladin howitzer that may be modified to produce an Extended Range Cannon Artillery howitzer; and
the monetary value of leveraging government-owned infrastructure to facilitate the modification;
use a full and open competitive approach using best value criteria for post-prototype production source selection; and
base any production strategy and source selection decisions on a full understanding of the cost of production, including—
the comparison of production approaches described in paragraph (2); and
any cost analysis or comparison described in paragraph (3).
Certification
Before issuing a request for proposal for the post-prototype production of an Extended Range Cannon Artillery howitzer, the Secretary of the Army shall—
certify to the congressional defense committees that the acquisition strategy upon which the request for proposal is based complies with the requirements of subsection (a); and
provide to the congressional defense committees a briefing on that acquisition strategy and the relevant cost and value comparison described in subsection (a)(2).
Inclusion of certain information in budget materials
The Secretary of the Army shall ensure that the cost of procuring Paladin howitzers to be modified for post-prototype production of Extended Range Cannon Artillery howitzers is included—
in the materials relating to the Extended Range Cannon Artillery program submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for each fiscal year in which such program is carried out; and
in any budget briefings concerning such program.
Navy Programs
Requirements relating to EA–18G aircraft of the Navy
Limitations and minimum inventory requirements
Section 8062 of title 10, United States Code, is amended—
by redesignating subsection (f) as subsection (g); and
by inserting after subsection (e) the following new subsection:
During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Navy may not—
retire an EA–18G aircraft;
reduce funding for unit personnel or weapon system sustainment activities for EA–18G aircraft in a manner that presumes future congressional authority to divest such aircraft;
place an EA–18G aircraft in active storage status or inactive storage status; or
keep an EA–18G aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions.
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.
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.
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.
In this paragraph, the term primary mission aircraft inventory
means aircraft assigned to meet the primary aircraft authorization—
to a unit for the performance of its wartime mission;
to a training unit for technical and specialized training for crew personnel or leading to aircrew qualification;
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
to meet requirements for missions not otherwise specified in clauses (i) through (iii).
.
Report required
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the congressional defense committees a report that includes a strategy and execution plan for continuously and effectively meeting the airborne electronic attack training and combat requirements of the joint force. At a minimum, the strategy and execution plan shall provide for—
the integration and utilization of both reserve and active duty component forces and resources within the Department of the Navy and the Department of the Air Force; and
the establishment or continuation of one or more joint service expeditionary, land-based electronic attack squadrons that equal or exceed the capacity and capability of such squadrons in effect as of the date of the enactment of this Act.
Navy shipbuilding workforce development special incentive
In general
Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:
Navy shipbuilding workforce development special incentive
Requirement
In general
The Secretary of the Navy shall include in any solicitation for a covered contract a special incentive for workforce development that funds one or more workforce development activities described in subsection (c).
Amount of special incentive
The amount of a special incentive required under subsection (a)(1) shall be equal to not less than one quarter of one percent and not more than one percent of the estimated cost of the covered contract.
Waiver
In general
The Secretary of the Navy may waive one or more of the requirements of this section if the Secretary determines—
unreasonable cost or delay would be incurred by complying with such requirements;
existing workforce development initiatives are sufficient to meet workforce needs;
there are minimal workforce development issues to be addressed; or
it is not in the national security interests of the United States to comply with such requirements.
Notice to Congress
Not less than 30 days prior to issuing a waiver under subparagraph (A), the Secretary of the Navy shall submit to the congressional defense committees written notice of the intent of the Secretary to issue such a waiver. Such notice shall specify the basis for such waiver and include a detailed explanation of the reasons for issuing the waiver.
Matching contribution requirement
In general
Funds for a special incentive for workforce development required under subsection (a)(1) may be expended only—
on or after the date on which the service acquisition executive of the Navy receives a written commitment from one or more entities described in paragraph (2) of separate and distinct cumulative monetary contributions to be made on or after the date of such commitment for workforce development; and
in an amount that is equal to the aggregate amount of all monetary contributions from entities that made commitments under subparagraph (A) not to exceed the amount of funding made available for the special incentive under subsection (a)(2).
Entities described
The entities described in this paragraph are the following:
The prime contractor that was awarded a covered contract.
A qualified subcontractor.
A State government or other State entity.
A county government or other county entity.
A local government or other local entity.
An industry association, organization, or consortium that directly supports workforce development.
Special rule
In a case in which the aggregate amount of all monetary contributions from entities that made commitments under paragraph (1)(A) is less than the minimum amount specified for the special incentive under subsection (a)(2), funds for the special incentive may be expended in an amount equal to such lesser amount.
Authorized activities
In general
Funds for a special incentive for workforce development required under subsection (a)(1) may be obligated or expended only to provide for the activities described in paragraph (2) in support of the production and production support workforce of the prime contractor concerned or a qualified subcontractor concerned.
Activities described
The activities described in this paragraph are the following:
The creation of short- and long-term workforce housing, transportation, and other support services to facilitate attraction, relocation, and retention of workers.
The expansion of local talent pipeline programs for both new and existing workers.
Investments in long-term outreach in middle school and high school programs, specifically career and technical education programs, to promote and develop manufacturing skills.
The development or modification of facilities for the primary purpose of workforce development.
Payment of direct costs attributable to workforce development.
Attraction and retention bonus programs.
On-the-job training to develop key manufacturing skills.
Approval requirement
The service acquisition executive of the Navy shall—
provide the final approval of the use of funds for a special incentive for workforce development required under subsection (a)(1); and
not later than 30 days after the date on which such approval is provided, certify to the congressional defense committees compliance with the requirements of subsections (b) and (c), including—
a detailed explanation of such compliance; and
the associated benefits to—
the Federal Government; and
the shipbuilding industrial base of the Navy.
Definitions
In this section:
The term covered contract
means a prime contract for the construction of a naval vessel funded using amounts appropriated or otherwise made available for Shipbuilding and Conversion, Navy.
The term qualified subcontractor
means a subcontractor that will deliver the vessel or vessels awarded under a covered contract to the Navy.
.
Clerical amendment
The table of sections at the beginning of chapter 863 of such title is amended by adding at the end the following new item:
8696. Navy shipbuilding workforce development special incentive.
.
Applicability
Section 8696 of title 10, United States Code, as added by subsection (a), shall apply with respect to—
a solicitation for a covered contract (as defined in subsection (e) of that section) made on or after June 1, 2023; and
a solicitation or award of a covered contract, if otherwise determined appropriate by the Secretary of the Navy.
Extension of prohibition on availability of funds for Navy port waterborne security barriers
In general
Subsection (a) of section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1570), is further amended by striking for fiscal years 2019, 2020, 2021, or 2022
and inserting for any of fiscal years 2019 through 2023
.
Technical amendment
Subsection (b)(4) of such section is amended by striking section 2304
and inserting sections 3201 through 3205
.
Limitation on authority to modify capabilities and fleet configuration of E–6B aircraft
Limitation
Until the date on which the certification described in subsection (b) is submitted to the congressional defense committees, the Secretary of the Navy—
may not retire, or prepare to retire, any E–6B aircraft;
shall maintain the fleet of E–6B aircraft in the configuration in effect as of the date of the enactment of this Act; and
shall ensure that E–6B aircraft continue to meet the operational requirements of the combatant commands that are met by such aircraft as of the date of the enactment of this Act.
Certification described
The certification described in this subsection is a written certification from the Chair of the Joint Requirements Oversight Council indicating that the replacement capability for the E–6B aircraft—
will be fielded at the same time or before the retirement of the first E–6B aircraft; and
at the time such replacement capability achieves initial operational capability, will have the ability to meet the operational requirements of the combatant commands that have been, or that are expected to be, assigned to such replacement capability.
Exception
The requirements of subsection (a) shall not apply to an individual E–6B aircraft otherwise required to be maintained by that subsection if the Secretary of the Navy determines, on a case-by-case basis, that such aircraft is no longer mission capable due to a mishap or other damage.
Multiyear procurement authority for Arleigh Burke class destroyers
Authority for multiyear procurement
Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.
Authority for advance procurement
The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.
Condition for out-year contract payments
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
Mandatory inclusion of pre-priced option in certain circumstances
In general
In the event the total base quantity of destroyers to be procured through all contracts entered into under subsection (a) is less than 15, the Secretary of the Navy shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional destroyers such that the sum of such base quantity and the number of destroyers that may be procured through the exercise of such options is equal to 15 destroyers.
Definitions
In this subsection:
The term base quantity
means the quantity of destroyers to be procured under a contract entered into under subsection (a) excluding any quantity of destroyers that may be procured through the exercise of an option that may be part of such contract.
The term pre-priced option
means a contract option for a contract entered into under subsection (a) that, if exercised, would allow the Secretary of the Navy to procure a destroyer at a predetermined price specified in such contract.
Limitation
The Secretary of the Navy may not modify a contract entered into under subsection (a) 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 for the destroyer under subsection (a).
Procurement authority for Ship-to-Shore Connector program
Contract authority
Beginning in fiscal year 2023, the Secretary of the Navy may enter into one or more contracts for the procurement of up to 25 Ship-to-Shore Connector class craft and associated material.
Liability
Any contract entered into under subsection (a) shall provide that—
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.
Certification required
A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the Ship-to-Shore Connector program:
The use of such a contract is consistent with the Chief of Naval Operations’ projected force structure requirements for Ship-to-Shore Connector class craft.
The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—
the estimated end cost and appropriated funds by fiscal year, by craft, without the authority provided in subsection (a);
the estimated end cost and appropriated funds by fiscal year, by craft, with the authority provided in subsection (a);
the estimated cost savings or increase by fiscal year, by craft, with the authority provided in subsection (a);
the discrete actions that will accomplish such cost savings or avoidance; and
the contractual actions that will ensure the estimated cost savings are realized.
There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation.
There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic, including a description of the basis for such estimates.
The use of such a contract will promote the national security of the United States.
During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year.
Milestone decision authority defined
In this section, the term milestone decision authority has the meaning given that term in section 4251(d) of title 10, United States Code.
Procurement authority for CH–53K heavy lift helicopter program
Contract authority
During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more fixed-price contracts for the procurement of airframes and engines in support of the CH–53K heavy lift helicopter program (in this section referred to as the program
).
Liability
Any contract entered into under subsection (a) shall provide that—
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.
Certification required
A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(d) of title 10, United States Code) for the program:
The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—
the estimated obligations and expenditures by fiscal year for the program without the authority provided in subsection (a);
the estimated obligations and expenditures by fiscal year for the program with the authority provided in subsection (a);
the estimated cost savings or increase by fiscal year for the program with the authority provided in subsection (a);
the discrete actions that will accomplish such cost savings or avoidance; and
the contractual actions that will ensure the estimated cost savings are realized.
There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation.
There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.
The use of such a contract will promote the national security of the United States.
During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation.
Procurement authorities for John Lewis-class fleet replenishment oiler ships
Contract authority
Procurement authorized
During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships.
Procurement in conjunction with existing contracts
The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering the John Lewis-class fleet replenishment oiler ship program.
Certification required
A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the John Lewis-class fleet replenishment oiler ship program:
The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships.
The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—
the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a);
the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a);
the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a);
the discrete actions that will accomplish such cost savings or avoidance; and
the contractual actions that will ensure the estimated cost savings are realized.
There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation.
There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.
The use of such a contract will promote the national security of the United States.
During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.
Authority for advance procurement
The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable.
Condition for out-year contract payments
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.
Milestone decision authority defined
In this section, the term milestone decision authority has the meaning given that term in section 4251(d) of title 10, United States Code.
Procurement authorities for certain amphibious shipbuilding programs
Contract authority
Procurement authorized
The Secretary of the Navy may enter into one or more contracts for the procurement of up to five covered ships.
Procurement in conjunction with existing contracts
The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering programs for covered ships.
Certification required
A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for the covered ship program concerned:
The use of such a contract is consistent with the Commandant of the Marine Corps’ projected force structure requirements for amphibious ships.
The use of such a contract will result in savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—
the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a);
the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a);
the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a); and
the contractual actions that will ensure the estimated cost savings are realized.
The Secretary of the Navy has a reasonable expectation that throughout the contemplated contract period funding will be available for the contract at the level required to avoid contract cancellation.
There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.
The use of such a contract will promote the national security of the United States.
During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year.
Authority for advance procurement
The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable.
Condition for out-year contract payments
A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.
Termination
The authority of the Secretary of the Navy to enter into contracts under subsection (a) shall terminate on September 30, 2026.
Definitions
In this section:
The term covered ship means a San Antonio-class or America-class ship.
The term milestone decision authority has the meaning given that term in section 4251(d) of title 10, United States Code.
Contracts for design and construction of the DDG(X) destroyer program
In general
If the milestone decision authority of the covered program elects to use source selection procedures for the detailed design and construction of the covered program other than those specified in section 3201 of title 10, United States Code, the Secretary of the Navy—
with respect to prime contracts for concept design, preliminary design, and contract design for the covered program—
shall award such contracts to eligible shipbuilders; and
may award such contracts to other contractors;
shall award prime contracts for detailed design and construction for the covered program only to eligible shipbuilders; and
shall allocate only one vessel in the covered program to each eligible shipbuilder that is awarded a prime contract under paragraph (2).
Collaboration requirement
The Secretary of the Navy shall maximize collaboration among the Federal Government and eligible shipbuilders throughout the design and development phases of the covered program, including—
using a common design tool; and
sharing production lessons learned.
Competitive incentive requirement
The Secretary of the Navy shall provide for competitive incentives for eligible shipbuilders and other contractors throughout the design, development, and production phases of the covered program, including the following:
Allocation of design labor hours, provided that no eligible shipbuilder has fewer than 30 percent of aggregate design labor hours for any phase of vessel design for the covered program.
Allocation of the lead ship in the covered program.
To the maximum extent practicable, competitive solicitations for vessel procurement under the covered program.
Technology maturation requirements
The Secretary of the Navy shall incorporate into the acquisition strategy of the covered program the requirements of the following:
Section 131 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).
Section 221 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599).
Transition requirement
The Secretary of the Navy shall ensure that the transition from the Arleigh Burke-class destroyer program to the covered program maintains predictable production workload for eligible shipbuilders.
Definitions
In this section:
The term covered program
means the program of the Department of the Navy to procure DDG(X) destroyer class vessels.
The term eligible shipbuilder
means a prime contractor designated by the milestone decision authority to perform detailed design and construction of the covered program.
The term milestone decision authority
has the meaning given in section 4211 of title 10, United States Code.
Tomahawk and Standard Missile–6 capability on FFG–62 class vessels
Before the first deployment of the vessel designated FFG–63 and that of each successive vessel in the FFG–62 class, the Secretary of the Navy shall ensure that such vessel is capable of carrying and employing Tomahawk and Standard Missile–6 missiles.
Report on advance procurement for CVN–82 and CVN–83
Report
Not later than March 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.
Elements
The report required by subsection (a) shall include an assessment of—
the value, cost, and feasibility of a two-year advance procurement period under a single-carrier acquisition strategy;
the value, cost, and feasibility of a three-year advance procurement period under a single-carrier acquisition strategy;
the value, cost, and feasibility of a two-year advance procurement period under a two-carrier acquisition strategy;
the value, cost, and feasibility of a three-year advance procurement period under a two-carrier acquisition strategy; and
the effect of a two-carrier acquisition strategy on force development and fleet capability.
Definitions
In this section:
The term single-carrier acquisition strategy
means a strategy for the procurement of the aircraft carriers designated CVN–82 and CVN–83 pursuant to which each aircraft carrier is procured separately under a different contract.
The term two-carrier acquisition strategy
means a strategy for the procurement of the aircraft carriers designated CVN–82 and CVN–83 pursuant to which both aircraft carriers are procured together under one contract.
Quarterly briefings on the CH–53K King Stallion helicopter program
In general
Not later than 30 days after the date of the enactment of this Act, and on a quarterly basis thereafter through the end of fiscal year 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.
Elements
Each briefing under subsection (a) shall include, with respect to the CH–53K King Stallion helicopter program, the following:
An overview of the program schedule.
A statement of the total cost of the program as of the date of the briefing, including the cost of development, testing, and production.
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.
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.
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.
Conforming repeal
Section 132 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1238) is repealed.
Air Force Programs
Modification of inventory requirements for aircraft of the combat air forces
Total fighter aircraft inventory requirements
Section 9062(i)(1) of title 10, United States Code, is amended by striking 1,970
and inserting 1,800
.
A–10 minimum inventory requirements
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
.
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
.
Modification of limitation on availability of funds for destruction of A–10 aircraft in storage status
Section 135(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2039) is amended by striking the report required under section 134(e)(2)
and inserting a report that includes the information described in section 134(e)(2)(C)
.
Inventory and other requirements relating to air refueling tanker aircraft
Minimum inventory requirement for air refueling tanker aircraft
Section 9062(j) of title 10, United States Code, is amended—
by striking effective October 1, 2019,
; and
by striking 479
each place it appears and inserting 466
.
Repeal of limitation on retirement of KC–135 aircraft
Section 137 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576) is amended—
by striking subsection (b); and
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.
Minimum number of air refueling tanker aircraft in PMAI of the Air Force
Section 135(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3431) is amended by striking 412
and inserting 400
.
Prohibition on reduction of KC–135 aircraft in PMAI of the reserve components
In general
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to reduce, by more than 12 aircraft, the number of KC–135 aircraft designated as primary mission aircraft inventory within the reserve components of the Air Force.
Primary mission aircraft inventory defined
In this subsection, the term primary mission aircraft inventory
has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.
Requirements relating to F–22 aircraft
Limitations and minimum inventory requirements
Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection:
During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023 and ending on September 30, 2027, the Secretary of the Air Force may not—
retire an F–22 aircraft;
reduce funding for unit personnel or weapon system sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft;
keep an F–22 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ
status); or
decrease the total aircraft inventory of F–22 aircraft below 184 aircraft.
The prohibition under paragraph (1) shall not apply to individual F–22 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft.
.
Report Required
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes a strategy and execution plan, approved by the Secretary, for conducting formal training for F–22 aircrews to ensure that combat capability, capacity, and availability at all F–22 operational units is not degraded.
Elements
The strategy and execution plan under paragraph (1) shall—
address how the Air Force will avoid—
diminishing the combat effectiveness of all block variants of F–22 aircraft;
exacerbating F–22 aircraft availability concerns; and
complicating F–22 aircraft squadron maintenance operations; and
include the plan of the Secretary for—
the basing of 184 F–22 aircraft; and
the reestablishment of one or more F–22 formal training units, including—
the planned location of such units;
the planned schedule for the reestablishment of such units; and
and the number of F–22 aircraft that are expected to be assigned to such units.
Comptroller General audit
Audit required
The Comptroller General of the United States shall conduct an audit to assess and validate data and information relating to—
the events and activities that would be necessary to upgrade Block 20 F–22 aircraft to a capability configuration comparable to or exceeding the existing or planned configuration of Block 30/35 F–22 aircraft;
the estimated costs of such upgrades; and
a schedule of milestones for such upgrades.
Availability of information
At the request of the Comptroller General, the Secretary of the Air Force shall promptly provide to the Comptroller General any data or other information that may be needed to conduct the audit under paragraph (1), including any data or information it may be necessary to obtain from the original equipment manufacturer of the F–22 aircraft.
Briefing
Not later than April 15, 2023, the Comptroller General shall provide to the congressional defense committees a briefing on the progress and any preliminary results of the audit conducted under paragraph (1).
Report
Following the briefing under paragraph (3), at such time as is mutually agreed upon by the congressional defense committees and the Comptroller General, the Comptroller General shall submit to the congressional defense committees a report on the final results of the audit conducted under paragraph (1).
Modification of exception to prohibition on certain reductions to B–1 bomber aircraft squadrons
Section 133(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574) is amended by striking an individual unit
and inserting a bomb wing
.
Repeal of Air Force E–8C force presentation requirement
Section 147 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669) is amended by striking subsection (f).
Minimum inventory of C–130 aircraft
Minimum inventory requirement
In general
During the covered period, the Secretary of the Air Force shall maintain a total inventory of C–130 aircraft of not less than 271 aircraft.
Exception
The Secretary of the Air Force may reduce the number of C–130 aircraft in the Air Force below the minimum number specified in paragraph (1) 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.
Covered period defined
In this subsection, the term covered period
means the period—
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
ending on September 30, 2023.
Prohibition on reduction of C–130 aircraft assigned to National Guard
In general
During fiscal year 2023, the Secretary of the Air Force may not reduce the total number of C–130 aircraft assigned to the National Guard below the number so assigned as of the date of the enactment of this Act.
Exception
The prohibition under paragraph (1) shall not apply to an individual C–130 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a mishap or other damage.
Prohibition on availability of funds for retirement of C–40 aircraft
Prohibition
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any C–40 aircraft.
Exception
In general
The limitation under subsection (a) shall not apply to an individual C–40 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap.
Certification required
If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons.
Prohibition on availability of funds for termination of production lines for HH–60W aircraft
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Air Force may be obligated or expended to terminate the operations of, or to prepare to terminate the operations of, a production line for HH–60W Combat Rescue Helicopters.
Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft
Prohibition
Except as provided in subsections (b) and (c), 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 in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 26.
Exception for acquisition strategy
If the Secretary of the Air Force submits to the congressional defense committees an acquisition strategy for the E–7 Wedgetail aircraft approved by the Service Acquisition Executive of the Air Force, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 21 after the date on which the strategy is so submitted.
Exception for contract award
If the Secretary of the Air Force awards a contract for the E–7 Wedgetail aircraft, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 18 after the date on which such contact is so awarded.
Designation as Primary Training Aircraft Inventory
The Secretary of the Air Force shall designate two E–3 aircraft as Primary Training Aircraft Inventory.
Limitation on divestment of F–15 aircraft
Limitation
Beginning on October 1, 2023, the 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).
Report required
The Secretary of the Air Force shall submit to the congressional defense committees a report on the following:
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 description of each proposed divestment by fiscal year and location;
an explanation of the anticipated effects of such divestments on the missions, personnel, force structure, and budgeting of the Air Force;
a description of the actions the Secretary intends to carry out—
to mitigate any negative effects identified under subparagraph (B); and
to modify or replace the missions and capabilities of any units and military installations affected by such divestments; and
an assessment of how such divestments may affect the ability of the Air Force to maintain minimum tactical aircraft inventories.
Any plans of the Secretary to procure covered F–15 aircraft.
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.
Covered F–15 aircraft defined
In this section, the term covered F–15 aircraft
means the following:
F–15C aircraft.
F–15D aircraft.
F–15E aircraft.
F–15EX aircraft.
Authority to procure upgraded ejection seats for certain T–38A aircraft
The Secretary of the Air Force is authorized to procure upgraded ejection seats for—
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
all T–38A aircraft of the Air Combat Command that have not received an upgraded ejection seat as part of such Program.
Procurement authority for digital mission operations platform for the Space Force
Procurement authority
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.
Required capabilities
A digital mission operations platform procured under subsection (a) shall include the following capabilities:
The platform shall be capable of providing systems operators with the ability to analyze system performance in a simulated mission environment.
The platform shall enable collaboration among such operators in an integrated, physics-based environment.
Digital transformation commercial software acquisition
Procurement authority
The Secretary of the Air Force may enter into one or more contracts for the procurement of commercial digital engineering and software tools to meet the digital transformation goals and objectives of the Department of the Air Force.
Inclusion of program element in budget materials
In the materials submitted by the Secretary of the Air Force in support of the budget of the President for fiscal year 2024 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), the Secretary shall include a program element dedicated to the procurement and management of the commercial digital engineering and software tools described in subsection (a).
Review
In carrying out subsection (a), the Secretary of the Air Force shall—
review the market for commercial digital engineering and software tools; and
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.
Report
Not later than March 1, 2023, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—
an analysis of specific digital engineering and software tool capability manufacturers that deliver high mission impact with broad reach into the weapon system enterprise of the Department of the Air Force; and
a prioritized list of programs and offices of the Department of the Air Force that could better utilize commercial digital engineering and software tools and opportunities for the implementation of such digital engineering and software tool capabilities within the Department.
Requirements study and strategy for the combat search and rescue mission of the Air Force
Requirements study
In general
The Secretary of the Air Force shall conduct a study to determine the requirements for the combat search and rescue mission of the Air Force in support of the objectives of the National Defense Strategy.
Elements
The study under paragraph (1) shall include the following:
Identification of anticipated combat search and rescue mission requirements necessary to meet the objectives of the most recent National Defense Strategy, including—
requirements for short-term, mid-term, and long-term contingency and steady-state operations against adversaries;
requirements under the Agile Combat Employment operational scheme of the Air Force;
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
the level of operational risk associated with each likely requirement and scenario.
An assessment of the rotary, tilt, and fixed wing aircraft and key combat search and rescue enabling capabilities that—
are needed to meet the requirements identified under subparagraph (A); and
have been accounted for in the budget of the Air Force as of the date of the study.
Identification of any combat search and rescue capability gaps, including an assessment of—
whether and to what extent such gaps may affect the ability of the Air Force to conduct combat search and rescue operations;
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
any capability gaps attributable to unfunded requirements.
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.
An assessment of each technology identified under subparagraph (D), including (as applicable) an assessment of—
technology maturity;
suitability to the combat search and rescue mission;
range;
speed;
payload capability and capacity;
radio frequency and infrared signatures;
operational conditions required for the use of such technology, such as runway availability;
survivability;
lethality;
potential to support combat missions other than combat search and rescue; and
estimated cost.
Submittal to congress
In general
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 the results of the study under paragraph (1).
Form
The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
Strategy required
In general
Based on the results of the study conducted under subsection (a), the Secretary of the Air Force shall develop a strategy to meet the requirements identified under such study.
Elements
The strategy under paragraph (1) shall include—
A prioritized list of the capabilities needed to meet the requirements identified under subsection (a).
The estimated costs of such capabilities, including—
any amounts already budgeted for such capabilities as of the date of the strategy, including amounts already budgeted for emerging and future technologies; and
any amounts not already budgeted for such capabilities as of such date.
An estimate of the date by which the capability is expected to become operational.
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 strategy and an explanation of the reasons such requirements cannot be met.
Submittal to congress
In general
Not later than July 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 strategy developed under paragraph (1).
Form
The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
Plan for transfer of KC–135 aircraft to the Air National Guard
Plan required
The Secretary of the Air Force shall develop a plan to transfer covered KC–135 aircraft to air refueling wings of the Air National Guard that are classic associations with active duty units of the Air Force.
Briefing
Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the 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; and
personnel; and
any costs associated with the plan.
Definitions
In this section:
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.
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.
Annual reports on T–7A Advanced Pilot Training System
Annual report
Not later than March 1, 2023, and annually thereafter through 2028, 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 Air Force with respect to the T–7A Advanced Pilot Training System (including any associated aircraft and ground training systems).
Elements
Each report under subsection (a) shall include the following:
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.
The cost and schedule estimates for the T–7 Advanced Pilot Training System program.
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.
The test and evaluation master plan for the program.
With respect to the testing program events completed in the year covered by the report—
the completion date of each event;
a summary of the event, including identification of—
the quantity of data points evaluated and subsequently considered complete and validated; and
the quantity of data points evaluated that remain incomplete or unvalidated and requiring further testing.
The logistics and sustainment strategy for the program and a description of any activities carried out to implement such strategy as of the date of the report.
An explanation of—
the causes of any engineering, manufacturing, development, testing, production, delivery, acceptance, and fielding delays incurred by the program as of the date of the report;
the effects of such delays; and
any subsequent efforts to address such delays.
The post-production aircraft basing and fielding strategy for the program.
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.
Defense-wide, Joint, and Multiservice Matters
Increase in Air Force and Navy use of used commercial dual-use parts in certain aircraft and engines
In general
Not later than 180 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—
the acquisition of used, overhauled, reconditioned, and remanufactured commercial dual-use parts; and
the use of such commercial dual-use parts in all—
commercial derivative aircraft and engines; and
aircraft used by the Air Force or Navy that are based on the design of commercial products.
Procurement of parts
The processes and procedures implemented under subsection (a) shall provide that commercial dual-use parts shall be acquired—
pursuant to competitive procedures (as defined in section 3012 of title 10, United States Code); and
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.
Definitions
In this section:
Commercial derivative
The term commercial derivative
means an item procured by the Department of Defense that is or was produced using the same or similar production facilities, a common supply chain, and the same or similar production processes that are used for the production of the item as predominantly used by the general public or by nongovernmental entities for purposes other than governmental purposes.
Commercial dual-use part
The term commercial dual-use part
means a product that is—
a commercial product;
dual-use;
described in subsection (b)(2); and
not a life-limited part.
Commercial product
The term commercial product
has the meaning given such term in section 103 of title 41, United States Code.
Dual-use
The term dual-use
has the meaning given such term in section 4801 of title 10, United States Code.
Assessment and strategy for fielding capabilities to counter threats posed by unmanned aerial system swarms
Assessment, analysis, and review
The Secretary of Defense shall conduct—
an assessment of the threats posed by unmanned aerial system swarms and unmanned aerial systems with swarm capabilities to installations and deployed Armed Forces;
an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of North Korea, and non-state actors;
an analysis of the national security implications of swarming technologies such as autonomous intelligence and machine learning;
a review of the capabilities used by the Department of Defense to counter threats posed by unmanned aerial systems and an assessment of the effectiveness of such capabilities at countering the threat of unmanned aerial system swarms; and
an overview of the efforts of the Department of Defense to develop and field test technologies that offer scalable, modular, and rapidly deployable capabilities with the ability to counter unmanned aerial system swarms.
Strategy development and implementation required
In general
The Secretary of Defense shall develop and implement a strategy to field capabilities to counter threats posed by unmanned aerial system swarms.
Elements
The strategy required by paragraph (1) shall include the following:
The development of a comprehensive definition of unmanned aerial system swarm
.
A plan to establish and incorporate requirements for the development, testing, and fielding of technologies and capabilities to counter unmanned aerial system swarms.
A plan to acquire and field adequate capabilities to counter unmanned aerial system swarms in defense of the Armed Forces, infrastructure, and other assets of the United States across land, air, and maritime domains.
An estimate of the resources needed by each Armed Force to implement the strategy.
An analysis, determination, and prioritization of legislative action required to ensure the Department of Defense has the ability to counter the threats posed by unmanned aerial system swarms.
Such other matters as the Secretary determines to be relevant to the strategy.
Incorporation into existing strategy
The Secretary of Defense may incorporate the strategy required by paragraph (1) into a comprehensive strategy of the Department of Defense to counter the threat of unmanned aerial systems.
Information to Congress
Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on—
the findings of the Secretary under subsection (a); and
the strategy developed and implemented by the Secretary under subsection (b).
Assessment and report on military rotary wing aircraft industrial base
Assessment required
The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the Army, Navy, and Air Force, shall conduct an assessment of the military rotary wing aircraft industrial base.
Elements
The assessment under subsection (a) shall include the following:
Identification of each rotary wing aircraft program of the Department of Defense that is in the research and development or procurement phase.
A description of any platform-specific or capability-specific facility or workforce technical skill requirements necessary for each program identified under subparagraph (A).
Identification of—
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
the technologies, facilities, and workforce skills necessary for the development of such capabilities.
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.
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.
An assessment of any risk resulting from the lack of other suppliers for such components, subcomponents, or equipment.
Analysis of the likelihood of future consolidation, contraction, or expansion, within the rotary wing aircraft industrial base, including—
identification of the most probable scenarios with respect to such consolidation, contraction, or expansion; and
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.
Such other matters the Under Secretary of Defense for Acquisition and Sustainment determines appropriate.
Report
Not later than June 1, 2023, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—
the results of the assessment conducted under subsection (a); and
based on such results, recommendations for reducing any risks identified with respect to the military rotary wing aircraft industrial base.
Rotary wing aircraft defined
In this section, the term rotary wing aircraft
includes rotary wing and tiltrotor aircraft.
Comptroller General audit of efforts to modernize the propulsion, power, and thermal management systems of F–35 aircraft
Audit required
The Comptroller General of the United States shall conduct an audit of the efforts of the Department of Defense to modernize the propulsion, power, and thermal management systems of F–35 aircraft.
Elements
The audit conducted under subsection (a) shall include the following:
An evaluation of the results of the business-case analysis conducted by the Director of the F–35 Joint Program Office, in which the Director assessed options to modernize the propulsion, power, and thermal management systems of the F–35 aircraft.
An assessment of the costs associated with each modernization option assessed in the business-case analysis described in paragraph (1), including any costs associated with development, production, retrofit, integration, and installation of the option (including any aircraft modifications required to accommodate such option), and an assessment of the sustainment infrastructure requirements associated with that option for each variant of F–35 aircraft.
An assessment of the progress made by the prototype engines developed under the Adaptive Engine Transition Program and the development and testing status of the other modernization options assessed in the business-case analysis described in paragraph (1).
An assessment of the timeline associated with modernizing the propulsion, power, and thermal management systems of F–35 aircraft to meet the capability performance requirements of the full Block 4 suite upgrade planned for each variant of such aircraft.
An assessment of the costs associated with modernizing the propulsion, power, and thermal management systems of F–35 aircraft to meet the capability performance requirements of the full Block 4 suite upgrade planned for each variant of such aircraft.
An assessment of the potential effects of each modernization option assessed in the business-case analysis described in paragraph (1) on life-cycle sustainment costs and the costs of spare parts for F–35 aircraft, including any participatory effects on international partners and foreign military sales customers.
Briefing
Not later than February 28, 2023, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary results of the audit conducted under subsection (a).
Report
Following the briefing under subsection (c), at such time as is mutually agreed upon by the congressional defense committees and the Comptroller General, the Comptroller General shall submit to the congressional defense committees a report on the final results of the audit conducted under subsection (a), including the findings of the Comptroller General with respect to each element specified in subsection (b).
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project authority.
Sec. 212. Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure at all military installations.
Sec. 222. Outreach to historically Black colleges and universities and other minority-serving institutions regarding National Security Innovation Network programs that promote entrepreneurship and innovation at institutions of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense research capacity at historically Black colleges and universities and other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in the Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test and Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and information technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation resources supporting certain major defense acquisition programs.
Authorization of Appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201.
Program Requirements, Restrictions, and Limitations
Modification of cooperative research and development project authority
In general
Section 2350a(a)(2) of title 10, United States Code, is amended by adding at the end the following:
The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations.
.
Conforming regulations
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2350a of title 10, United States Code, as amended by subsection (a).
Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning
Personnel management authority to attract experts in science and engineering
Section 4092 of title 10, United States Code, is amended—
in subsection (a)(6)—
by striking Director of the Joint Artificial Intelligence Center
and inserting official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)
;
by striking for the Center
and inserting to support the activities of such official under section 238 of such Act
; and
in the paragraph heading, by striking Center
;
in subsection (b)(1)(F)—
by striking Joint Artificial Intelligence Center
and inserting office of the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)
; and
by striking in the Center
and inserting in support of the activities of such official under section 238 of such Act
; and
in subsection (c)(2), by striking Joint Artificial Intelligence Center
and inserting the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)
.
Review of artificial intelligence applications and establishment of performance metrics
Section 226(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note) is amended—
in paragraph (3), 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)
;
in paragraph (4), 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)
; and
in paragraph (5), 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)
.
Modification of the Joint Common Foundation Program
Section 227(a) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note) is amended by striking Joint Artificial Intelligence Center
and inserting the office of the official designated under subsection (b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)
.
Pilot program on data repositories to facilitate the development of artificial intelligence capabilities for the department of defense
Section 232 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note) is amended—
in the section heading, by striking pilot program on data repositories
and inserting data repositories
;
by amending subsection (a) to read as follows:
Establishment of data repositories
The Secretary of Defense, acting through the official designated under subsection (b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) (and such other officials as the Secretary determines appropriate), shall—
establish data repositories containing Department of Defense data sets relevant to the development of artificial intelligence software and technology; and
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.
;
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
by amending subsection (c) to read as follows:
Briefing
Not later than July 1, 2023, the Secretary of Defense shall provide to the congressional defense committees a briefing on—
the types of information the Secretary determines are feasible and advisable to include in the data repositories established under subsection (a); and
the progress of the Secretary in establishing such data repositories.
.
Digital development infrastructure plan and working group
Section 1531(d)(2)(C) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 2051) is amended by striking The Joint Artificial Intelligence Center (JAIC)
and inserting The office of the official designated under subsection (b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)
.
Board of advisors for the office of the senior official with principal responsibility for artificial intelligence and machine learning
Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
in the section heading, by striking Joint Artificial Intelligence Center
and inserting office of the senior official with principal responsibility for artificial intelligence and machine learning
;
in subsection (a), by striking Joint Artificial Intelligence Center
and inserting 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
;Official
)
in subsection (b), by striking Director
each place in appears and inserting Official
;
in subsection (f), by striking September 30, 2024
and inserting September 30, 2026
; and
in subsection (g)—
by striking paragraphs (2) and (3); and
by redesignating paragraph (4) as paragraph (2).
Application of artificial intelligence to the defense reform pillar in the national defense strategy
Section 234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended by striking Director of the Joint Artificial Intelligence Center
and inserting official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)
.
Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions
Section 247(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. note prec. 1580) is amended—
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)
;
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
Acquisition authority of the director of the joint artificial intelligence center
Section 808 the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
in the section heading, by striking the Director of the Joint Artificial Intelligence Center
and inserting the senior official with principal responsibility for artificial intelligence and machine learning
;
in subsection (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
; andOfficial
)
by striking the Center
and inserting the office of such official (referred to in this section as the
;Office
)
in subsection (b)—
in the subsection heading, by striking JAIC
;
in paragraph (1)—
in the matter preceding subparagraph (A),
by striking staff of the Director
and inserting staff of the Official
; and
by striking the Director of the Center
and inserting such Official
;
in subparagraph (A), by striking the Center
and inserting the Office
;
in subparagraph (B), by striking the Center
and inserting the Office
;
in subparagraph (C), by striking the Center
each place it appears and inserting the Office
; and
in subparagraph (D), by striking the Center
each place it appears and inserting the Office
; and
in paragraph (2)—
by striking the Center
and inserting the Office
; and
by striking the Director
and inserting the Official
;
in subsection (c)(1)—
by striking the Center
and inserting the Office
; and
by striking the Director
and inserting the Official
;
in subsection (d), by striking the Director
and inserting the Official
;
in subsection (e)—
in paragraph (2)—
in subparagraph (B), by striking Center missions
and inserting the missions of the Office
; and
in subparagraph (D), by striking the Center
and inserting the Office
; and
in paragraph (3), by striking the Center
and inserting the Office
;
in subsection (f), by striking the Director
and inserting the Official
; and
in subsection (g)—
by striking paragraphs (1) and (3); and
by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively.
Biannual report on office of the senior official with principal responsibility for artificial intelligence and machine learning
Section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
in the section heading, by striking Joint Artificial Intelligence Center
and inserting office of the senior official with principal responsibility for artificial intelligence and machine learning
;
in subsection (a)—
by striking 2023
and inserting 2026
; and
by striking the Joint Artificial Intelligence Center (referred to in this section as the
and inserting Center
)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
)
in subsection (b)—
by striking Center
each place it appears and inserting Office
;
in paragraph (2), by striking the National Mission Initiatives, Component Mission Initiatives, and any other initiatives
and inserting any initiatives
; and
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
by striking subsection (c).
Chief data officer responsibility for Department of Defense data sets
Section 903(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223 note) is amended—
by striking paragraph (3); and
by redesignating paragraph (4) as paragraph (3).
Joint artificial intelligence research, development, and transition activities
Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061) is amended—
by amending subsection (c) to read as follows:
Organization and roles
In general
In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies.
Appropriate officials
The officials assigned roles and responsibilities under paragraph (1) shall include—
the Under Secretary of Defense for Research and Engineering;
the Under Secretary of Defense for Acquisition and Sustainment;
one or more officials in each military department;
officials of appropriate Defense Agencies; and
such other officials as the Secretary of Defense determines appropriate.
;
in subsection (e), by striking Director of the Joint Artificial Intelligence Center
and inserting official designated under subsection (b)
; and
by striking subsection (h).
References
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.
Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science and engineering
Section 4092 of title 10, United States Code, is amended—
in subsection (a), by adding at the end the following new paragraph:
Office of the Under Secretary of Defense for Research and Engineering
The Under Secretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office of the Under Secretary.
; and
in subsection (b)(1)—
in subparagraph (H), by striking ; and
and inserting a semicolon;
in subparagraph (I), by striking the semicolon and inserting ; and
; and
by adding at the end the following new subparagraph:
in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;
.
Modification of limitation on cancellation of designation of Executive Agent for a certain Defense Production Act program
Section 226 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1335) is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection:
Designation of other Executive Agents
Notwithstanding the requirements of this section or section 1792 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4531 note), the Secretary of Defense may designate one or more Executive Agents within the Department of Defense (other than the Executive Agent described in subsection (a)) to implement Defense Production Act transactions entered into under the authority of sections 4021, 4022, and 4023 of title 10, United States Code.
.
Support for research and development of bioindustrial manufacturing processes
Authorization
Subject to the availability of appropriations, the Secretary of Defense shall provide support for the development of a network of bioindustrial manufacturing facilities to conduct research and development to improve the ability of the industrial base to assess, validate, and scale new, innovative bioindustrial manufacturing processes for the production of chemicals, materials, and other products necessary to support national security or secure fragile supply chains.
Form of support
The support provided under subsection (a) may consist of—
providing funding to one or more existing facilities or the establishment of new facilities—
to support the research and development of bioindustrial manufacturing processes; or
to otherwise expand the bioindustrial manufacturing capabilities of such facilities;
the establishment of dedicated facilities within one or more bioindustrial manufacturing facilities to serve as regional hubs for the research, development, and the scaling of bioindustrial manufacturing processes and products to higher levels of production; or
designating a bioindustrial manufacturing facility to serve as the lead entity responsible for integrating a network of pilot and intermediate scale bioindustrial manufacturing facilities.
Activities
A facility 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—
research on the use of bioindustrial manufacturing to create materials such as polymers, coatings, resins, commodity chemicals, and other materials with fragile supply chains;
demonstration projects to evaluate bioindustrial manufacturing processes and technologies;
activities to scale bioindustrial manufacuring processes and products to higher levels of production;
strategic planning for infrastructure and equipment investments for bioindustrial manufacturing of defense-related materials;
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;
the selection, construction, and operation of pilot and intermediate scale bioindustrial manufacturing facilities;
development and management of a network of facilities to scale production of bioindustrial products;
activities to address workforce needs in bioindustrial manufacturing;
establishing an interoperable, secure, digital infrastructure for collaborative data exchange across entities in the bioindustrial manufacturing community, including government agencies, industry, and academia;
developing and implementing digital tools, process security and assurance capabilities, cybersecurity protocols, and best practices for data storage, sharing and analysis; and
such other activities as the Secretary of Defense determines appropriate.
Considerations
In determining the number, type, and location of facilities to support under subsection (a), the Secretary of Defense shall consider—
how the facilities may complement each other or increase production levels by functioning together as a network;
how to geographically distribute support to such facilities—
to maximize access to biological material needed as an input to bioindustrial manufacturing processes;
to leverage available industrial and academic expertise, including workforce and human capital;
to leverage relevant domestic infrastructure required to secure supply chains for chemicals and other materials;
to leverage access to venture capital and private sector finance expertise and funding instruments; and
to complement the capabilities of similar facilities; and
how the activities supported under this section can be coordinated with relevant activities of other departments and agencies of the Federal Government.
Initial concept plan required
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the National Security Commission on Emerging Biotechnology an initial concept plan for the implementation of this section that includes—
an assessment of capacity scaling needs to determine if, and what type of, additional bioindustrial manufacturing facilities may be needed to meet the needs of the Department of Defense;
a description of types, relative sizes, and locations of the facilities the Secretary intends to establish or support under this section;
a general description of the focus of each facility, including the types of bioindustrial manufacturing equipment, if any, that are expected to be procured for each such facility;
a general description of how the facilities will work as a network to maximize the diversity of bioindustrial products available to be produced by the network;
an explanation of how the network will support the establishment and maintenance of the bioindustrial manufacturing industrial base; and
an explanation of how the Secretary intends to ensure that bioindustrial manufacturing activities conducted under this section are modernized digitally, including through—
the use of data automation to represent processes and products as models and simulations; and
the implementation of measures to address cybersecurity and process assurance concerns.
Briefings
Not later than 180 days after the date of the submittal of the plan under paragraph (1), and annually thereafter for five years, the Secretary of Defense shall provide to the congressional defense committees a briefing on the Secretary’s progress in implementing the plan.
Bioindustrial manufacturing defined
In this section, 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.
Air-breathing and rocket booster testing capacity upgrades to support critical hypersonic weapons development
In general
Subject to the availability of appropriations for such purpose, the Secretary of the Air Force shall carry out activities to upgrade testing facilities of the Department of the Air Force that support the development of critical hypersonic weapons that—
use air-breathing or rocket booster capabilities; and
are expected to operate in sea-level or high-altitude operational domains.
Timeline for completion
The Secretary of the Air Force shall seek to complete any upgrade under subsection (a), subject to availability of appropriations for such upgrade, not later than 24 months after the upgrade is commenced.
Competitively awarded demonstrations and tests of electromagnetic warfare technology
Demonstrations and tests required
Not later than 270 days after the date of the enactment of this Act, the Director of the Air Force Rapid Capabilities Office, in coordination with the Air Force Life Cycle Management Center, shall select one or more qualified entities under competitive processes to conduct demonstrations and tests of commercial electronics technology to determine whether technology currently exists that could enable the following electromagnetic warfare capabilities:
The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling.
Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by controlled reception pattern antennas.
Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference.
Capabilities similar those described in paragraphs (1) through (3) in a live, virtual constructive simulation environment.
Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.
Oversight of tests
The Director of Operational Test and Evaluation shall—
provide oversight of the demonstrations and tests required by subsection (a);
review other applicable government or commercial demonstrations and tests; and
not later than 30 days after the completion of the demonstrations and tests under subsection (a), advise the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment of the outcomes of the demonstrations and tests.
Outcome-based actions required
If the Director of Operational Test and Evaluation and the Director of the Air Force Rapid Capabilities Office affirm that the demonstrations and tests under subsection (a) confirm that certain commercial electronics technology could enable one or more of the capabilities described in such subsection—
not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall jointly provide to the congressional defense committees a briefing on the outcomes of the tests;
the Director of the Air Force Rapid Capabilities Office may begin engineering form, fit, and function development and integration to incorporate technologies demonstrated and tested under subsection (a) into specific Department of Defense platforms and applications; and
not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall jointly provide to the congressional defense committees a briefing on any plans of the Department of Defense to further develop and deploy the technologies demonstrated and tested under subsection (a) to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan released on August 5, 2021.
Competitiveness requirements
A decision to commit, obligate, or expend funds for the purposes outlined in this section shall be based on merit-based selection procedures in accordance with the requirements of sections 3201(e) and 4024 of title 10, United States Code, or on competitive procedures.
Commercial electronics technology defined
The term commercial electronics technology
means electronics technology that is—
a commercial component (as defined in section 102 of title 41, United States Code);
a commercial product (as defined in section 103 such title);
a commercial service (as defined in section 103a of such title); or
a commercially available off-the-shelf item (as defined in section 104 of such title).
Administration of the Advanced Sensor Applications Program
Resource sponsors
In general
The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve as the resource sponsors for the Advanced Sensor Applications Program (commonly known as ASAP
and in this section referred to as the Program
).
Responsibilities
The resource sponsors of the Program shall be responsible for the following:
Developing budget requests relating to the Program.
Establishing priorities for the Program.
Approving the execution of funding and projects for the Program.
Coordination and joint planning with external stakeholders in matters relating to the Program.
Limitations
Only the Secretary of the Navy, the Under Secretary of the Navy, and the Commander of Naval Air Systems Command may—
provide direction and management for the Program;
set priorities for the Program;
regulate or limit the information available or accessible to the Program;
edit reports or findings generated under the Program; or
coordinate and manage interactions of the Program with external stakeholders.
Authority for program manager
The program manager for the Program may access, consider, act on, and apply information, at all levels of classification and from all sources and organizations, that is pertinent to the projects and activities that the Program is executing, or considering proposing for the future.
Quarterly briefings
Not less frequently than once every three months, the program manager for the Program shall provide to the congressional defense committees and congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the Program, including on the status of—
the implementation of this section;
the implementation of other congressional directives relating to the Program; and
any direction and oversight of the Program exercised by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy.
Strategic relationship
The program manager for the Program shall evaluate the feasibility and advisability of establishing a strategic relationship with the Naval Research Laboratory pursuant to which the Laboratory provides scientific and technical assistance and support for the Program.
Use of assets
The Commander of Naval Air Systems Command shall take all actions the Commander considers reasonable—
to enable the Program to use assets controlled within the Naval Air Systems Command enterprise, including sensor systems and platforms; and
to pursue the use of other assets that may further the mission of the Program.
Termination
This section shall have no force or effect after September 30, 2027.
Quantifiable assurance capability for security of microelectronics
Development and implementation of capability
The Secretary of Defense shall develop and implement a capability for quantifiable assurance to achieve practical, affordable, and risk-based objectives for security of microelectronics to enable the Department of Defense to access and apply state-of-the-art microelectronics for military purposes.
Establishment of requirements and schedule of support for development, test, and assessment
In general
Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Research and Engineering, establish requirements and a schedule for support from the National Security Agency to develop, test, assess, implement, and improve the capability required by subsection (a).
National Security Agency
The Director of the National Security Agency shall take such actions as may be necessary to satisfy the requirements established under paragraph (1).
Briefing
Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering and the Director of the National Security Agency shall jointly provide the congressional defense committees a briefing on the requirements and the schedule for support established under paragraph (1).
Assessment
In general
The Secretary of Defense shall assess whether the Department of Defense, to enable expanded use of unprogrammed application specific integrated circuits or other custom-designed integrated circuits manufactured by a supplier that is not using processes accredited by the Defense Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics technology using risk-based quantifiable assurance security methodology, should—
seek changes to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and Department of Defense Instruction 5200.44 (relating to protection of mission critical functions to achieve trusted systems and networks); and
expand the use of unprogrammed custom-designed integrated circuits that are not controlled by such regulations.
Briefing
Not later than April 1, 2023, the Secretary of Defense shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the assessment conducted under paragraph (1).
Government-Industry-Academia Working Group on Microelectronics
Establishment and designation
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a working group to facilitate coordination among industry, academia, and the Department of Defense on issues of mutual interest relating to microelectronics as described in subsection (c).
Designation
The working group established under paragraph (1) shall be known as the Government-Industry-Academia Working Group on Microelectronics
(referred to in this section as the Working Group
).
Composition
The Working Group shall be composed of representatives of organizations and elements of the Department of Defense, industry, and academia.
Scope
The Secretary shall ensure that the Working Group supports dialogue and coordination among industry, academia, and the Department of Defense on the following issues relating to microelectronics:
Research needs.
Infrastructure needs and shortfalls.
Technical and process standards.
Training and certification needs for the workforce.
Supply chain issues.
Supply chain, manufacturing, and packaging security.
Technology transition issues and opportunities.
Charter and policies
Not later than March 1, 2023, the Secretary of Defense shall develop a charter and issue policies for the functioning of the Working Group.
Administrative support
The joint federation of capabilities established under section 937 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) shall provide administrative support to the Working Group.
Rule of construction
Nothing in this section shall be construed to allow the Department of Defense to provide any competitive advantage to any participant in the Working Group.
Sunset
The provisions of this section shall terminate on December 31, 2030.
Target date for deployment of 5G wireless broadband infrastructure at all military installations
Target required
Not later than July 30, 2023, the Secretary of Defense shall—
establish a target date by which the Secretary plans to deploy 5G wireless broadband infrastructure at all military installations; and
establish metrics, which shall be identical for each of the military departments, to measure progress toward reaching the target required by paragraph (1).
Annual report
Not later than December 31, 2023, and on an annual basis thereafter until the date specified in subsection (c), the Secretary of Defense shall submit to the congressional defense committees a report that includes—
the metrics in use pursuant to subsection (a)(2); and
the progress of the Secretary in reaching the target required by subsection (a)(1).
Termination
The requirement to submit annual reports under subsection (b) shall terminate on the date that is five years after the date of the enactment of this Act.
Outreach to historically Black colleges and universities and other minority-serving institutions regarding National Security Innovation Network programs that promote entrepreneurship and innovation at institutions of higher education
Pilot program
The Under Secretary of Defense for Research and Engineering, acting through the National Security Innovation Network, may carry out a pilot program under which the Under Secretary conducts activities, including outreach and technical assistance, to better connect historically Black colleges and universities and other minority-serving institutions to the commercialization, innovation, and entrepreneurial activities of the Department of Defense.
Briefing
Not later than one year after commencing a pilot program under subsection (a), the Under Secretary of Defense for Research and Engineering shall provide to the congressional defense committees a briefing on the program, including—
an explanation of—
the results of any outreach efforts conducted under the pilot program;
the success of the pilot program in expanding National Security Innovation Network programs to historically Black colleges and universities and other minority-serving institutions; and
any potential barriers to the expansion of the pilot program; and
recommendations for how the Department of Defense can support historically Black colleges and universities and other minority-serving institutions to enable such institutions to successfully participate in Department of Defense commercialization, innovation, and entrepreneurship programs.
Termination
The authority to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act.
Definitions
In this section:
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)).
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)).
Report and pilot program based on recommendations regarding defense research capacity at historically Black colleges and universities and other minority-serving institutions
Report required
In general
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 recommendations set forth in the publication of the National Academies of Sciences, Engineering, and Medicine titled Defense Research Capacity at Historically Black Colleges and Universities and Other Minority Institutions: Transitioning from Good Intentions to Measurable Outcomes
and dated April 28, 2022.
Contents
The report required under paragraph (1) shall include the following:
With respect to the recommendations and subrecommendations set forth in the publication described in paragraph (1)—
a description of each recommendation and subrecommendation the Secretary has implemented as of the date of the report;
a description of each recommendation and subrecommendation the Secretary has commenced implementing as of the date of the report, including a justification for determining to commence implementing the recommendation; and
a description of each recommendation and subrecommendation the Secretary has not implemented or commenced implementing as of the date of the report and a determination as to whether or not to implement the recommendation.
For each recommendation or subrecommendation the Secretary determines to implement under subparagraph (A)(iii)—
a timeline for implementation;
a description of any additional resources or authorities required for implementation; and
the plan for implementation.
For each recommendation or subrecommendation the Secretary determines not to implement under subparagraph (A)(iii), a justification for the determination not to implement the recommendation.
Format
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Program to implement report recommendations and subrecommendations
Program required
The Secretary of Defense shall establish and carry out a program (referred to in this subsection as the Program
) under which the Secretary carries out activities to increase the capacity of eligible institutions to achieve very high research activity status.
Considerations
In establishing the Program the Secretary shall consider—
the recommendations and subrecommendations to be implemented under subsection (a);
the extent of nascent research capabilities and planned research capabilities at eligible institutions and the relevance of those capabilities to research areas of interest to the Department of Defense;
recommendations from previous studies for increasing the level of research activity at eligible institutions to very high research activity status, including measurable milestones such as growth in very high research activity status indicators and other relevant factors;
how institutions participating in the Program will evaluate and assess progress toward achieving very high research activity status;
how such institutions will sustain an increased level of research activity after the Program terminates; and
reporting requirements for institutions participating in the Program.
Consultation
In designing the Program, the Secretary may consult with the President’s Board of Advisors on historically Black colleges and universities.
Program activities
Activities
Under the Program, the Secretary shall carry out activities to build the capacity of eligible institutions to achieve very high research activity status, which may include—
activities to support—
faculty professional development;
stipends for undergraduate and graduate students and post-doctoral scholars;
recruitment and retention of faculty and graduate students;
the provision of laboratory equipment and instrumentation;
communication and dissemination of research products produced during the Program;
construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and
such other activities as the Secretary determines appropriate.
Identification of priority areas
The Secretary shall establish and update, on an annual basis, a list of research priorities for STEM and critical technologies appropriate for the Program to assist eligible institutions in identifying appropriate areas for research and related activities.
Termination
The Program shall terminate 10 years after the date on which the Secretary commences the Program.
Evaluation
Not later than two years after the date of the enactment of this Act and every two years thereafter until the date on which the Program terminates under paragraph (5), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report providing an update on the Program, including—
a description of the activities carried out under the Program;
an analysis of any growth in very high research activity status indicators of eligible institutions that participated in the Program; and
emerging research areas of interest to the Department of Defense that are being pursued by such institutions.
Report to congress
Not later than 180 days after the date on which the program terminates under paragraph (5), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Program that includes the following:
An analysis of the growth in very high research activity status indicators of eligible institutions that participated in the Program.
An evaluation on the effectiveness of the Program in increasing the research capacity of such institutions.
An explanation of how institutions that achieved very high research activity status plan to sustain that status after the termination of the Program.
An evaluation of the maintenance of very high research status by eligible institutions that participated in the Program.
An evaluation of the effectiveness of the Program in increasing the diversity of students conducting high quality research in unique areas.
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.
Recommendations as to whether the Program should be renewed or expanded.
Definitions
In this section:
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 participation in the program under subsection (b).
The term high research activity status
means R2 status, as classified by the Carnegie Classification of Institutions of Higher Education.
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).
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)).
The term Secretary
means the Secretary of Defense.
The term very high research activity status
means R1 status, as classified by the Carnegie Classification of Institutions of Higher Education.
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—
annual expenditures in science and engineering;
per-capita (faculty member) expenditures in science and engineering;
annual expenditures in non-science and engineering fields;
per-capita (faculty member) expenditures in non-science and engineering fields;
doctorates awarded in science, technology, engineering, and mathematics fields;
doctorates awarded in social science fields;
doctorates awarded in the humanities;
doctorates awarded in other fields with a research emphasis;
total number of research staff including postdoctoral researchers;
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
other categories utilized to determine classification.
Pilot program to support the development of patentable inventions in the Department of the Navy
In general
The Secretary of the Navy may carry out a pilot program to expand the support available to covered personnel who seek to engage in the development of patentable inventions that—
have applicablity to the job-related functions of such personnel; and
may have applicability in the civilian sector.
Activities
As part of the pilot program under subsection (a), the Secretary of the Navy may—
expand outreach to covered personnel regarding the availability of patent-related training, legal assistance, and other support for personnel interested in developing patentable inventions;
expand the availability of patent-related training to covered personnel, including by making such training available online;
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—
seek and receive support for the development of patentable inventions; and
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
carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot program.
Termination
The authority to carry out the pilot program under subsection (a) shall terminate three years after the date of the enactment of this Act.
Definitions
In this section:
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.
The term patentable invention
means an invention that is patentable under title 35, United States Code.
Pilot program to facilitate the development of battery technologies for warfighters
Establishment
In general
The Secretary of Defense may establish and carry out a pilot program to assess the feasibility and advisability of providing support to battery producers—
to facilitate the research and development of safe and secure battery technologies for existing and new or novel battery chemistry configurations, including through the research and development of new or updated manufacturing processes and technologies;
to assess commercial battery offerings within the marketplace for viability and utility for warfighter applications; and
to transition battery technologies, including technologies developed under other pilot programs, prototype projects, or other research and development programs, from the prototyping phase to manufacturing production.
Designation
The pilot program established under paragraph (1) shall be known as the Warfighter Electric Battery Transition Project
(referred to in this section as the Project
).
Administration
The Under Secretary of Defense for Research and Engineering shall administer the Project.
Grants, contracts, and other agreements
The Secretary of Defense may carry out the Project through the award of support, as described in subsection (a)(1), in the form of grants to, or contracts or other agreements with, battery producers.
Coordination
The Secretary of Defense shall ensure that activities under the Project are coordinated with the Strategic Environmental Research and Development Program under section 2901 of title 10, United States Code.
Use of grant and contract amounts
A battery producer who receives a grant, contract, or other agreement under the Project may use the amount of the grant, contract, or other agreement to carry out one or more of the following activities:
Conducting research and development to validate new or novel battery chemistry configurations, including through—
experimentation;
prototyping;
testing;
adapting battery technology to integrate with other technologies and systems; or
addressing manufacturing or other production challenges.
Providing commercially available battery technologies to each Secretary of a military department and the commanders of the combatant commands to support utility assessments or other testing by warfighters.
Expanding, validating, or assessing battery recycling capabilities that may provide operational utility to the Department of Defense.
Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to specific operational challenges of the Department relating to battery technology.
Priority of awards
In awarding grants, contracts, or other agreements under the Project, the Secretary shall give preference to battery producers that meet one or more of the following criteria:
The producer manufactures, designs, or develops battery cells, packs, modules, or other related capabilities in the United States.
The producer manufactures, designs, or develops battery cells, packs, modules, or other related capabilities in the national technology and industrial base (as defined in section 4801 of title 10, United States Code).
The technology made available by the producer provides modularity to support diverse applications.
The technology made available by the producer facilitates safety in tactical and combat applications by using battery chemistries and configurations that reduce thermal runaway and minimize oxygen liberation.
The producer demonstrates new or novel battery chemistry configurations, safety characteristics, or form-factor configurations.
The producer facilitates the domestic supply chain for raw materials needed for battery production.
The producer offers battery-related commercial products or commercial services.
Planning, reporting and data collection
Plan required before implementation
In general
The Secretary of Defense may not commence the Project until the Secretary has completed a plan for the implementation of the Project.
Elements
The plan under subparagraph (A) shall provide for—
collecting, analyzing, and retaining Project data;
developing and sharing best practices for achieving the objectives of the Project;
identification of any policy or regulatory impediments inhibiting the execution of the Project; and
sharing results from the Project across the Department of Defense and with other departments and agencies of the Federal Government and Congress.
Submittal to Congress
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the implementation plan developed under subparagraph (A).
Final report
Not later than one year after the date on which the Project terminates under subsection (g), the Secretary of Defense shall submit to the congressional defense committees a final report on the results of the Project. Such report shall include—
a summary of the objectives achieved by the Project; and
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.
Termination
The authority to carry out the Project shall terminate on December 31, 2028.
Plans, Reports, and Other Matters
Modification to annual reports of the Director of Operational Test and Evaluation
Section 139(h)(3) of title 10, United States Code, is amended—
by inserting or controlled unclassified
after classified
; and
by striking submit an unclassified version of the report to Congress
and inserting submit to Congress a version of the report that is unclassified and does not require safeguarding or dissemination controls
.
Extension of requirement for quarterly briefings on strategy for fifth generation information and communications technologies
Section 254(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note) is amended, in the matter preceding subparagraph (A), by striking March 15, 2022
and inserting December 1, 2026
.
Plan for investments to support the development of novel processing approaches for defense applications
Investment plans required
Not later than November 1, 2023, and not less frequently than once every three years thereafter until December 31, 2035, the Secretary of Defense shall submit to the congressional defense committees a plan for making investments to support the development of novel processing approaches for defense applications.
Elements
Each investment plan required by subsection (a) shall—
identify any investments the Secretary has made, and any future investments the Secretary intends to make, in research and technology development to support the use and fielding of novel processing approaches for defense applications;
identify any investments the Secretary has made, and any future investments the Secretary intends to make, to accelerate the development of novel processing approaches for defense applications, including investments in—
personnel and workforce capabilities;
facilities and infrastructure to host systems utilizing novel processing approaches;
algorithm developments necessary to expand the functionality of each novel processing approach;
other Federal agencies and federally funded laboratories; and
appropriate international and commercial sector organizations and activities;
describe mechanisms to coordinate and leverage investments in novel processing approaches within the Department and with non-Federal partners;
describe the technical goals to be achieved and capabilities to be developed under the plan; and
include recommendations for such legislative or administration actions as may support the effective execution of the investment plan.
Form
Each plan submitted under subsection (a) shall be submitted in such form as the Secretary considers appropriate, which may include classified, unclassified, and publicly releasable formats.
Novel processing approaches defined
In this section, the term novel processing approaches means—
emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and
associated algorithm and hardware development needed to implement such techniques.
Plans to accelerate the transition to 5G information and communications technology within the military departments
Three-year transition plan required
In general
Not later than 120 days after the date of the enactment of this Act, each Assistant Secretary concerned shall develop and submit to the congressional defense committees a plan that specifies—
the extent to which fifth generation information and communications technology (5G) infrastructure is expected to be implemented in the military department of the Assistant Secretary by the end of the three-year period following the date of the enactment of this Act; and
how the implementation of such technology is expected to be achieved during such period.
Elements
Each plan required under paragraph (1) shall include—
an operational needs assessment that identifies the highest priority areas in which the Assistant Secretary intends to implement fifth generation information and communications technologies during the three-year period described in paragraph (1);
an explanation of—
whether and to what extent the Assistant Secretary intends to use an open radio access network approach in implementing fifth generation information and communications technologies in the areas identified under subparagraph (A); and
if the Assistant Secretary does not intend to use such an open radio access network approach, an explanation of the reasons for such determination;
an investment plan that includes funding estimates, by fiscal year and appropriation account, to accelerate—
the maturation and acquisition of fifth generation information and communications capabilities that use the open radio access network approach; and
the deployment of such capabilities in the facilities and systems of the military department concerned;
metrics and reporting mechanisms to ensure progress in achieving the objectives of the plan within the three-year period described in paragraph (1);
identification and designation of a single point of contact at each military installation and within each armed force under the jurisdiction of the military department concerned to facilitate the deployment of fifth generation information and communications technologies;
actions the Assistant Secretary intends to carry out to streamline the process for establishing fifth generation wireless coverage at military installations, including actions to reduce delays caused by policies and processes relating to contracting, communications, and the use of real property;
identification of investments that are required to support the transition to fifth generation information and communications technology that uses an open radio access network approach; and
such other matters as the Assistant Secretary considers appropriate.
Coordination
In developing the plans required under paragraph (1), each Assistant Secretary concerned shall coordinate with—
the Chief Information Officer of the Department of Defense;
and the Under Secretary of Defense for Acquisition and Sustainment; and
the Under Secretary of Defense for Research and Engineering.
Form of plan
Each plan required under paragraph (1) shall be submitted in unclassified form.
Cross-functional team assessment
Assessment and briefing required
After all of the plans required by subsection (a)(1) have been submitted in accordance with such subsection and not later than 150 days after the date of the enactment of this Act, the cross-functional team established pursuant to section 224(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note) shall assess such plans and provide to the congressional defense committees a briefing on the findings of the team with respect to such assessment.
Elements
The briefing provided under paragraph (1) shall include the following:
Recommendations to further accelerate the deployment of fifth-generation information and communications technologies that use the open radio access network approach across the Department of Defense.
Recommendations to standardize and streamline the process for establishing fifth generation wireless coverage at military installations, including recommendations for reducing delays caused by policies and processes relating to contracting, communications, and the use of real property.
A plan for the inclusion of representatives of the Department of Defense in international wireless standards-setting bodies.
Such other matters as the cross-functional team described in paragraph (1) considers appropriate.
Definitions
In this section:
The term Assistant Secretary concerned
means—
the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, with respect to matters concerning the Department of the Army;
the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Department of the Navy; and
the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, with respect to matters concerning the Department of the Air Force.
The term open radio access network approach
means an approach to networking, such as the Open Radio Access Network (commonly known as Open RAN
), that uses open protocols and interfaces within a network so that components provided by different vendors can be interoperable.
Plan for Defense Advanced Research Projects Agency Innovation Fellowship Program
In general
The Director of the Defense Advanced Research Projects Agency shall develop a plan for the establishment of a fellowship program (to be known as the Innovation Fellowship Program
) to expand opportunities for early career scientists to participate in the programs, projects, and other activities of the Agency.
Elements
In developing the plan under subsection (a), the Director of the Defense Advanced Research Projects Agency shall—
review the types of programs, projects, and other activities of the Agency that may be open to participation from early career scientists to identify opportunities for the expansion of such participation;
identify criteria for evaluating applicants to the fellowship program described in subsection (a);
establish detailed plans for the implementation of the fellowship program;
conduct an assessment of the potential costs of the fellowship program;
define eligibility requirements for participants in the fellowship program; and
address such other matters as the Director determines appropriate.
Submittal to Congress
Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Advanced Research Projects Agency shall submit to the congressional defense committee a report that includes—
the plan developed under subsection (a); and
recommendations for expanding opportunities for early career scientists to participate in the programs, projects, and other activities of the Agency.
Early career scientist defined
The term early career scientist
means a scientist who is in an early stage of career development according to criteria determined by the Director of the Defense Advanced Research Projects Agency for purposes of this section.
Strategy and plan for fostering and strengthening the defense innovation ecosystem
Strategy and implementation plan required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop—
a strategy fostering and strengthening the defense innovation ecosystem; and
a plan for implementing such strategy.
Purposes
Strategy
The purpose of the strategy required by subsection (a)(1) is to provide a framework for identifying, assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and warfighting missions of the Department of Defense.
Implementation plan
The purpose of the implementation plan required by subsection (a)(2) is to provide—
concrete steps and measures of effectiveness to gauge the effect of the innovation ecosystems described in paragraph (1) on the Department; and
a means for assessing the effectiveness of the strategy developed under subsection (a)(1), including the approaches taken by the Department to grow, foster, and sustain such innovation ecosystems.
Elements
The strategy and the implementation plan required by subsection (a) shall include the following elements:
A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department of Defense.
Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to support or cease supporting identified ecosystems.
Identification of the authorities and Department of Defense research, development, test, and evaluation assets that can be used to identify, establish, sustain, and expand innovation ecosystems.
For each innovation ecosystem supported by the Department—
a description of the core competencies or focus areas of the ecosystem;
identification of any organizations or elements of the Department that engage with the ecosystem;
identification of the private sector assets that are being used to support, sustain, and expand the identified innovation ecosystem; and
a description of any challenges and successes associated with such ecosystem.
Such other elements as the Secretary considers appropriate.
Interim briefing
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the strategy and implementation plan developed under subsection (a).
Submittal of strategy and plan
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 the strategy and implementation plan developed under subsection (a).
Quadrennial updates
Not later than March 1, 2027, and not less frequently than once ever four years thereafter until December 31, 2039, the Secretary shall—
update the strategy and plan developed under subsection (a); and
submit the updated strategy and plan to the congressional defense committees.
Definitions
In this section:
The term Department of Defense research, development, test, and evaluation assets includes the following:
The Department of Defense science and technology reinvention laboratories designated under section 4121 of title 10, United States Code.
The Major Range and Test Facility Base (as defined in section 4173(i) of such title).
Department of Defense sponsored manufacturing innovation institutes.
The organic industrial base.
Defense Agencies and Department of Defense Field Activities (as defined in section 101(a) of title 10, United States Code) that carry out activities using funds appropriated for research, development, test, and evaluation.
Any other organization or element of the Department of Defense that carries out activities using funds appropriated for research, development, test, and evaluation.
The term innovation ecosystem refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors.
Assessment and strategy relating to hypersonic testing capacity of the Department of Defense
Assessment
The Secretary of Defense shall assess the capacity of the Department of Defense to test, evaluate, and qualify the hypersonic capabilities and related technologies of the Department.
Elements
The assessment under subsection (a) shall include the following:
An assumption, for purposes of evaluating the capacity described in subsection (a), that the Department of Defense will conduct at least one full-scale, operationally relevant, live-fire, hypersonic weapon test of each hypersonic weapon system that is under development each year by each of the Air Force, the Army, and the Navy, once such system reaches initial operational capability.
An identification of test facilities outside the Department of Defense that have potential to be used to expand the capacity described in subsection (a), including test facilities of other departments and agencies of the Federal Government, academia, and commercial test facilities.
An analysis of the capability of each test facility identified under paragraph (2) to simulate various individual and coupled hypersonic conditions to accurately simulate a realistic flight-like environment with all relevant aero-thermochemical conditions.
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.
An analysis of the test frequency, scheduling lead time, test cost, and capacity of each test facility identified under paragraph (2).
A review of test facilities identified under paragraph (2) 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.
An assessment of any cost savings and time savings that could result from using technologies identified in the strategy under subsection (c).
Strategy
Requirement
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a strategy to coordinate the potential use of test facilities and ranges identified under subsection (b)(2) to evaluate hypersonic technologies.
Elements
The strategy under paragraph (1) shall—
be based on the assessment under subsection (a);
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;
to the extent practicable, address in what cases the Secretary can use test facilities identified under subsection (b)(2) to fill any existing testing requirement gaps to enhance and accelerate flight qualification of critical hypersonic technologies of the Department;
identify—
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, including estimated costs for conducting at least one full-scale, operationally relevant, live-fire, hypersonic weapon test of each hypersonic weapon system that is under development each year by each of the Air Force, the Army, and the Navy, once such system reaches initial operational capability;
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;
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;
investments that the Secretary can make to incorporate test facilities identified under subsection (b)(2) into the overall hypersonic test infrastructure of the Department of Defense; and
the environmental conditions, testing sizes, and duration required for flight qualification of both hypersonic cruise and hypersonic boost-glide technologies of the Department; and
address all advanced or emerging technologies that could shorten timelines and reduce costs for hypersonic missile testing, including with respect to—
3D printing of hypersonic test missile components including the frame, warhead, and propulsion systems;
reusable hypersonic test beds, including air-launched, sea-launched, and ground-launched options;
additive manufacturing solutions;
the potential use of airborne platforms other than the B–52 aircraft to improve flight schedules for such testing; and
other relevant technologies.
Coordination
The Secretary of Defense shall develop the strategy under paragraph (1) in coordination with the Program Director of the Joint Hypersonics Transition Office, the Administrator of the National Aeronautics and Space Administration, the research laboratories of the military departments, and the Department of Defense Test Resource Management Center.
Report on estimated costs of conducting a minimum frequency of hypersonic weapons testing
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that includes an estimate of the costs of conducting at least one full-scale, operationally relevant, live-fire, hypersonic weapon test of each hypersonic weapon system that is under development each year by each of the Air Force, the Army, and the Navy, once such system reaches initial operational capability.
Appropriate congressional committees defined
The term appropriate congressional committees
means the following:
The congressional defense committees.
The Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Annual report on studies and reports of federally funded research and development centers
Annual report required
On an annual basis, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that identifies and provides information about the studies and reports undertaken for the Department of Defense by federally funded research and development centers.
Elements
Each report submitted under subsection (a) shall set forth the following:
A list identifying each study and report undertaken by a federally funded research center for the Department of Defense—
that has been completed during the period covered by the report under subsection (a); or
that is in progress as of the date of the report under subsection (a).
For each study and report listed under paragraph (1), the following:
The title of the study or report.
The federally funded research and development center undertaking the study or report.
The amount of funding provided to the federally funded research and development center under the contract or other agreement pursuant to which the study or report is being produced or conducted.
The completion date or anticipated completion date of the study or report.
Exceptions
The report required by subsection (a) shall not apply to the following:
Classified reports or studies.
Technical reports associated with scientific research or technical development activities.
Any report or study undertaken pursuant to a contract or other agreement between a federally funded research and development center and an entity outside the Department of Defense.
Reports or studies that are in draft form or that have not undergone a peer-review or prepublication security review process established by the federally funded research and development center concerned.
Special rule
Each report under subsection (a) shall be generated using the products and processes generated pursuant to section 908 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 111 note).
Termination
The requirement to submit annual reports under subsection (a) shall terminate on the date that is three years after the date of the enactment of this Act.
Report on recommendations from Army Futures Command Research Program Realignment Study
Report required
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the recommendations set forth in the publication of the National Academies of Sciences, Engineering, and Medicine titled Consensus Study Report: U.S. Army Futures Command Research Program Realignment
and dated April 23, 2022.
Contents
The report submitted under subsection (a) shall include the following:
A description of each recommendation described in such subsection that has already been implemented.
A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation.
A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation.
For each recommendation under paragraph (3) the Secretary determines to implement, the following:
A timeline for implementation.
A description of any additional resources or authorities required for implementation.
The plan for implementation.
For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the determination not to implement.
Format
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Report on potential for increased utilization of the Electronic Proving Grounds testing range
Report required
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Chair of the Electronic Warfare Executive Committee of the Department of Defense, shall submit to the congressional defense committees a report on the Electronic Proving Grounds testing range located at Fort Huachuca, Arizona.
Elements
The report under subsection (a) shall address—
the amount and types of testing activities conducted at the Electronic Proving Grounds testing range;
any shortfalls in the facilities and equipment of the range;
the capacity of the range to be used for additional testing activities;
the possibility of using the range for the testing activities of other Armed Forces, Federal agencies, and private-sector entities in the United States;
the capacity of the range to be used for realistic electronic warfare training;
electronic warfare training shortfalls at domestic military installations generally; and
the feasibility and advisability of providing a dedicated training area for electronic warfare capabilities.
Consultation
In preparing the report under subsection (a), the Chair of the Electronic Warfare Executive Committee shall consult with the following:
The Under Secretary of Defense for Research and Engineering.
The Chief Information Officer of the Department of Defense.
The Director of Operational Test and Evaluation of the Department of Defense.
The Commander of the United States Strategic Command.
The Secretary of the Army.
The Electromagnetic Spectrum Operations Cross-Functional Team established pursuant to section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note).
The governments of Cochise County and Sierra Vista, Arizona.
Study on costs associated with underperforming software and information technology
Study required
The Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on the challenges associated with the use of software and information technology in the Department of Defense, the effects of such challenges, and potential solutions to such challenges.
Elements
The independent study conducted under subsection (a) shall include the following:
A survey of members of each Armed Force 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 of working hours lost due to each challenge and the cost of such lost working hours;
the effects of each challenge on servicemember and employee retention; and
any negative effects of each challenge on a mission of the Armed Force or military department concerned.
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, which shall be determined based on interviews conducted with individuals who serve as a chief information officer (or an equivalent position) in a military department.
Development of a framework for assessing underperforming software and information technology, with an emphasis on foundational information technology to standardize the measurement and comparison of programs across the Department of Defense and its component organizations. Such a framework shall enable the assessment of underperforming software and information technology based on—
designs, interfaces, and functionality which prioritize user experience and efficacy;
costs due to lost productivity;
reliability and sustainability;
comparisons between—
outdated or outmoded information technologies, software, and applications; and
modern information technologies, software, and applications;
overhead costs for software and information technology in the Department compared to the overhead costs for comparable software and information technology in the private sector;
comparison of the amounts the Department planned to expend on software and information technology services versus the amounts actually spent for such software and services;
the mean amount of time it takes to resolve technical problems reported by users;
the average rate, expressed in time, for remediating or patching weaknesses or flaws in information technologies, software, and applications;
workforce training time; and
customer satisfaction.
The development of recommendations—
to address the challenges identified under paragraph (1); and
to improve the processes through which the Secretary provides software and information technology throughout the Department, including through—
business processes reengineering;
improvement of procurement or sustainment processes;
remediation of hardware and software technology gaps; and
the development of more detailed and effective cost estimates.
Report required
Not later than one year after the date of the enactment of this Act, the eligible entity that conducts the study under subsection (a) shall submit to the Secretary of Defense and the congressional defense committees a report on the results of such study.
Definitions
In this section:
The term eligible entity
means an independent entity not under the direction or control of the Secretary of Defense, which may include a department or agency of the Federal Government outside the Department of Defense.
The term software and information technology
does not include embedded software and information technology used for weapon systems.
Study and report on sufficiency of operational test and evaluation resources supporting certain major defense acquisition programs
Study
The Director of Operational Test and Evaluation of the Department of Defense shall conduct a study of at least one major defense acquisition program within each covered Armed Force to determine the sufficiency of the operational test and evaluation resources supporting such program.
Elements
The study under subsection (a) shall include, with respect to each major defense acquisition program evaluated as part of the study, the following:
Identification and assessment of the operational test and evaluation resources supporting the program—
as of the date of the study;
during the five-year period preceding the date of the study; and
over the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code.
For any operational test and evaluation resources determined to be insufficient to meet the needs of the program, an evaluation of the amount of additional funding and any other support that may be required to ensure the sufficiency of such resources.
The amount of Government-funded, contractor-provided operational test and evaluation resources—
provided for the program as of the date of the study; and
that are planned to be provided for the program after such date.
Such other matters as the Director of Operational Test and Evaluation determines to be relevant to the study.
Report
Not later than one year after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).
Definitions
In this section:
The term covered Armed Force
means the Army, the Navy, the Marine Corps, the Air Force, and the Space Force.
The term major defense acquisition program
has the meaning given that term in section 4201 of title 10, United States Code.
The term operational test and evaluation resources
means the facilities, specialized test assets, schedule, workforce, and any other resources supporting operational test and evaluation activities under a major defense acquisition program.
Operation and Maintenance
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions to mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implications of fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or polyfluoroalkyl substances.
Sec. 342. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.
Sec. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for perfluoroalkyl or polyfluoroalkyl substances on private property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of turnout gear for firefighters containing perfluoroalkyl substances or polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; 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. Inclusion of information regarding joint medical estimates in readiness reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration of public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support operations.
Sec. 358. Notification of modification to policy regarding retention rates for Navy ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United States and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribution points in United States Indo-Pacific Command area of responsibility.
Subtitle F—Matters relating to depots and ammunition production facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance and repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspecified minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibilities in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention and response.
Sec. 386. Interagency collaboration and extension of pilot program on military working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members of the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanitation and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.
Authorization of Appropriations
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.
Energy and Environment
Center for Excellence in Environmental Security
Chapter 7 of title 10, United States Code, is amended by inserting after section 182 the following new section (and conforming the table of sections at the beginning of such chapter accordingly):
Center for Excellence in Environmental Security
Establishment
The Secretary of Defense may operate a Center for Excellence in Environmental Security (in this section referred to as the Center
).
Missions
The Center shall be used to provide and facilitate education, training, and research in civil-military operations, particularly operations that require international assistance and operations that require coordination between the Department of Defense and other Federal agencies.
The Center shall be used to provide and facilitate education, training, interagency coordination, and research on the following additional matters:
Management of the consequences of environmental insecurity with respect to—
access to water, food, and energy;
related health matters; and
matters relating to when, how, and why environmental stresses to human safety, health, water, energy, and food will cascade to economic, social, political, or national security events.
Appropriate roles for the reserve components in response to environmental insecurity resulting from natural disasters.
Meeting requirements for information in connection with regional and global disasters, including through the use of advanced communications technology as a virtual library.
The Center shall perform such other missions as the Secretary of Defense may specify.
To assist the Center in carrying out the missions under this subsection, upon request of the Center, the head of any Federal agency may grant to the Center access to the data, archives, and other physical resources (including facilities) of that agency, and may detail any personnel of that agency to the Center, for the purpose of enabling the development of global environmental indicators.
Joint operation with educational institution authorized
The Secretary of Defense may enter into an agreement with appropriate officials of an institution of higher education to provide for the operation of the Center. Any such agreement shall provide for the institution to furnish necessary administrative services for the Center, including by directly providing such services or providing the funds for such services.
Acceptance of donations
Except as provided in paragraph (2), the Secretary of Defense may accept, on behalf of the Center, donations to be used to defray the costs of the Center or to enhance the operation of the Center. Such donations may be accepted from any agency of the Federal Government, any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any other private source in the United States or a foreign country.
The Secretary may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or appear to compromise—
the ability of the Department of Defense, any employee of the Department, or any member of the armed forces, to carry out any responsibility or duty of the Department or the armed forces in a fair and objective manner; or
the integrity of any program of the Department of Defense or of any person involved in such a program.
The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether or not the acceptance of a foreign donation under paragraph (1) would have a result described in paragraph (2).
Funds accepted by the Secretary under paragraph (1) as a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes and the same period as the appropriations with which merged.
.
Participation in pollutant banks and water quality trading
In general
Chapter 159 of title 10, United States Code, is amended by inserting after section 2694c the following new section:
Participation in pollutant banks and water quality trading
Authority to participate
The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
Treatment of Payments
Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
Discharge of pollutants defined
In this section, the term discharge of pollutants has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the Clean Water Act
).
.
Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694c following new item:
2694d. Participation in pollutant banks and water quality trading.
.
Consideration under Defense Environmental Restoration Program for State-owned facilities of the National Guard with proven exposure of hazardous substances and waste
Definition of State-owned National Guard facility
Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph:
The term State-owned National Guard facility includes land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.
.
Authority for Defense Environmental Restoration Program
Section 2701(a)(1) of such title is amended, in the first sentence, by inserting and at State-owned National Guard facilities
before the period.
Responsibility for response actions
Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph:
Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.
.
Renewal of annual environmental and energy reports of Department of Defense
Environmental report
Section 2711 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:
Report required
Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.
Elements
Each report under subsection (a) shall include, for the year covered by the report, the following:
With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—
the total number of sites at which such program was carried out;
the progress of remediation for sites that have not yet completed cleanup;
the remaining cost to complete cleanup of known sites; and
an assessment by the Secretary of Defense of the overall progress of such program.
An assessment by the Secretary of achievements for environmental conservation and planning by the Department.
An assessment by the Secretary of achievements for environmental compliance by the Department.
An assessment by the Secretary of achievements for climate resiliency by the Department.
An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.
Consolidation
The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental restoration, compliance, and resilience.
.
Energy report
In general
Section 2925 of such title is amended—
by amending the section heading to read as follows: Annual report on energy performance, resilience, and readiness of Department of Defense
; and
by striking subsections (a) and (b) and inserting the following new subsections:
Report required
Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations.
Elements
Each report under subsection (a) shall include the following:
For the year covered by the report, the following:
A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 (Public Law 110–140).
A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in subparagraph (A).
A description of and progress toward the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section 2911 of this title and requirements under section 2688(g) of this title.
An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiatives and technology investments related to operational energy demand and management.
Details of the amounts of any funds transferred by the Secretary of Defense pursuant to section 2912 of this title, including a detailed description of the purpose for which such amounts have been used.
Statistical information on operational energy demands of the Department, in terms of expenditures and consumption, for the preceding five fiscal years, including information on funding made available in regular defense appropriations Acts and any supplemental appropriations Acts.
A description of each initiative related to the operational energy strategy of the Department and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.
Such recommendations as the Secretary considers appropriate for additional changes in organization or authority within the Department to enable further implementation of the energy strategy and such other comments and recommendations as the Secretary considers appropriate.
Classified form
If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report.
Consolidation
The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.
.
Clerical amendment
The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:
2925. Annual report on energy performance, resilience, and readiness of Department of Defense.
.
Continuation of reporting requirements
In general
Section 1080(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the following reports:
The report required to be submitted to Congress under section 2711 of title 10, United States Code.
The report required to be submitted to Congress under section 2925 of title 10, United States Code.
Conforming repeal
Section 1061(c) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54).
Aggregation of energy conservation measures and funding
Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:
Aggregate energy conservation measures and funding
To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period.
In considering aggregate energy conservation measures under paragraph (1), the Secretary concerned shall incorporate all funding available to such Secretary for such measures, including—
appropriated funds, such as—
funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and
funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and
funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts.
.
Additional special considerations for energy performance goals and energy performance master plan
Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs:
The reliability and security of energy resources in the event of a military conflict.
The value of resourcing energy from partners and allies of the United States.
.
Purchase or lease of electric, zero emission, advanced-biofuel-powered, or hydrogen-powered vehicles for the Department of Defense
Requirement
Section 2922g of title 10, United States Code, is amended—
in the heading, by striking systems
and inserting systems; purchase or lease of certain electric and other vehicles
;
in subsection (a), by striking In leasing
and inserting During the period preceding October 1, 2035, in leasing
;
in subsection (c), by inserting , during the period specified in subsection (a),
after from authorizing
; and
by adding at the end the following new subsections:
Requirement
Except as provided in subsection (e), beginning on October 1, 2035, each covered nontactical vehicle purchased or leased by or for the use of the Department of Defense shall be—
an electric or zero emission vehicle that uses a charging connector type (or other means to transmit electricity to the vehicle) that meets applicable industry accepted standards for interoperability and safety;
an advanced-biofuel-powered vehicle; or
a hydrogen-powered vehicle.
Relation to other vehicle technologies that reduce consumption of fossil fuels
Notwithstanding the requirement under subsection (d), beginning on October 1, 2035, the Secretary of Defense may authorize the purchase or lease of a covered nontactical vehicle that is not described in such subsection if the Secretary determines, on a case-by-case basis, that—
the technology used in the vehicle to be purchased or leased reduces the consumption of fossil fuels compared to vehicles that use conventional internal combustion technology;
the purchase or lease of such vehicle is consistent with the energy performance goals and plan of the Department of Defense required by section 2911 of this title; and
the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.
Waiver
The Secretary of Defense may waive the requirement under subsection (d).
The Secretary of Defense may not delegate the waiver authority under paragraph (1).
Definitions
In this section:
The term advanced-biofuel-powered vehicle includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).
The term covered nontactical vehicle means any vehicle—
that is not a tactical vehicle designed for use in combat; and
that is purchased or leased by the Department of Defense pursuant to a contract entered into, renewed, modified, or amended on or after October 1, 2035.
The term hydrogen-powered vehicle means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.
.
Clerical amendment
The table of sections at the beginning of subchapter II of chapter 173 of such title is amended by striking the item relating to section 2922g and inserting the following new item:
2922g. Preference for motor vehicles using electric or hybrid propulsion systems; purchase or lease of certain electric and other vehicles.
.
Clarification and requirement for Department of Defense relating to renewable biomass and biogas
Section 2924 of title 10, United States Code, is amended—
in paragraph (6)—
by redesignating subparagraphs (D) through (I) as subparagraphs (E) through (J), respectively; and
by inserting after subparagraph (C) the following new subparagraph (D):
Biogas.
; and
by adding at the end the following new paragraphs:
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)).
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)).
.
Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors
Establishment
Subchapter III of chapter 173 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 subchapter accordingly):
Programs on reduction of fuel reliance and promotion of energy-aware behaviors
Establishment
Each Secretary of a military department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department.
Goals
The goals of the programs established under subsection (a) shall be as follows:
To increase operational energy resiliency.
To decrease energy-related strategic vulnerabilities and enhance military readiness.
To integrate sustainability features for new and existing military installations and other facilities of the Department.
Minimum required elements
Under the program of a military department under subsection (a), the Secretary of the military department shall carry out, with respect to the military department, and at a minimum, the following:
The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify operational inefficiencies and enable data-driven decision making with respect to fuel logistics and the reduction of fuel consumption.
The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through—
the incorporation of energy conservation and resiliency principles into training curricula and other training materials of the military department, including by updating such materials to include information on the effect of energy-aware behaviors on improving readiness and combat capability; and
the review of standard operating procedures, and other operational manuals and procedures, of the military department, to identify procedures that increase fuel consumption with no operational benefit.
The integration of operational energy factors into the wargaming of the military department and related training activities that involve the modeling of scenarios, in accordance with subsection (d), to provide to participants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics.
The implementation of data-driven procedures, operations planning, and logistics, to optimize cargo transport and refueling operations within the military department.
Wargaming elements
In integrating operational energy factors into the wargaming and related training activities of a military department under subsection (c)(3), the Secretary of the military department shall seek to ensure that the planning, design, and execution of such activities include—
coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the modeling of energy demand and network risk during such activities are accurate, taking into account potential shortfalls and the direct and indirect effects of the efforts of foreign adversaries to target fuel supply chains; and
a focus on improving integrated life-cycle management processes and fuel supply logistics.
.
Deadline for establishment
The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act.
Briefing
Not later than 180 days after the date of enactment of this Act, each Secretary of a military department shall provide to the congressional defense committees a briefing on the establishment of the program of the military department required under such section 2928.
Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense
Section 352 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1653) is amended by adding at the end the following new subsection:
Establishment of joint working group to determine joint requirements for future operational energy needs of Department of Defense
Establishment
The Secretary of Defense shall establish a joint working group (in this subsection referred to as the working group
) to determine joint requirements for future operational energy needs of the Department of Defense.
Executive agent
The Secretary of the Air Force shall serve as the executive agent of the working group.
Requirements specified
In general
In determining joint requirements under paragraph (1), the working group shall address the operational energy needs of each military department and combatant command to meet energy needs in all domains of warfare, including land, air, sea, space, cyberspace, subsea, and subterranean environments.
Priority for certain systems
Priority for joint requirements under paragraph (1) shall be given to independent operational energy systems that—
are capable of operating in austere and isolated environments with quick deployment capabilities; and
may reduce conventional air pollution and greenhouse gas emissions comparable to systems already in use.
Existing or new programs
The working group shall address the feasibility of meeting joint requirements determined under paragraph (1) through the existing energy programs of the Department and make recommendations for new programs to meet such requirements.
Focus areas
In carrying out the requirements under this subsection, the working group shall focus the efforts of the working group on operational energy, including—
micro-reactors and small modular reactors;
hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines;
battery storage;
renewable energy sources;
retrofits to existing platforms that shall increase efficiencies; and
other technologies and resources that meet joint requirements determined under paragraph (1).
Recommended plan of action
In general
Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to the congressional defense committees a report, and provide to the congressional defense committees a classified briefing, outlining recommendations for programs to meet joint requirements for future operational energy needs of the Department of Defense by 2025, 2030, and 2040.
Focus on readiness and flexibility
In submitting the report and providing the briefing under subparagraph (A), the Secretary shall—
address each element of the report or briefing, as the case may be, in the context of maintaining or increasing the readiness levels of the Armed Forces and the flexibility of operational elements within the Department; and
disregard energy sources that do not increase such readiness and flexibility, with an explanation for the reason such sources were disregarded.
Form
The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
Definitions
In this subsection:
The term advanced nuclear reactor has the meaning given that term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
The term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts that can be transported via land, air, or sea transport and can be redeployed.
The term small modular reactor means an advanced nuclear reactor—
with a rated capacity of less than 300 electrical megawatts; or
that can be constructed and operated in combination with similar reactors at a single site.
.
Amendment to budgeting of Department of Defense relating to extreme weather
Section 328(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is amended—
in paragraph (1), by striking ; and
and inserting a semicolon;
in paragraph (2), by striking the period at the end and inserting ; and
; and
by inserting after paragraph (2) the following new paragraph:
a calculation of the annual costs to the Department for—
assistance that is—
provided to the Federal Emergency Management Agency or any Federal land management agency (as such term is defined in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)) pursuant to a request for such assistance and in consultation with the National Interagency Fire Center; or
provided under title 10 or title 32, United States Code, to any State, territory, or possession of the United States, regarding extreme weather; and
resourcing required to support—
wildfire response, recovery, or restoration efforts occurring within military installations or other facilities of the Department; or
any Federal agency other than the Department (including the Federal Emergency Management Agency and the National Interagency Fire Center) with respect to wildfire response, recovery, or restoration efforts, where such resourcing is not reimbursed.
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Prototype and demonstration projects for energy resilience at certain military installations
In general
Subject to the availability of appropriations for such purpose, each Secretary of a military department shall ensure that covered prototype and demonstration projects are conducted at each military installation under the jurisdiction of that Secretary that is designated by the Secretary of Defense as an Energy Resilience Testbed
pursuant to subsection (b).
Selection of military installations
Nomination
Each Secretary of a military department shall nominate military installations under the jurisdiction of that Secretary for selection under paragraph (2), and submit to the Secretary of Defense a list of such nominations.
Selection
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select, from among the lists of nominated military installations provided by the Secretaries of the military departments under paragraph (1), at least one such nominated military installation per military department for designation pursuant to paragraph (4).
Considerations
In selecting military installations under paragraph (2), the Secretary of Defense shall, to the extent practicable, take into consideration the following:
The mission of the installation.
The geographic terrain of the installation and of the community surrounding the installation.
The energy resources available to support the installation.
An assessment of any extreme weather risks or vulnerabilities at the installation and the community surrounding the installation.
Designation as Energy Resilience Testbed
Each military installation selected under paragraph (2) shall be known as an Energy Resilience Testbed
.
Covered technologies
Covered prototype and demonstration projects conducted at military installations designated pursuant to subsection (b) shall include the prototype and demonstration of technologies in the following areas:
Energy storage technologies, including long-duration energy storage systems.
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.
Technologies to improve building energy management and control in a cyber-secure manner.
Tools and processes for design, assessment, and decision making on the installation with respect to all hazards resilience and hazard analysis, energy use, management, and the construction of resilient buildings and infrastructure.
Carbon sequestration technologies.
Technologies relating to on-site resilient energy generation, including the following:
Advanced geothermal technologies.
Advanced nuclear technologies, including small modular reactors.
Port electrification and surrounding defense community infrastructure.
Tidal and wave power technologies.
Distributed ledger technologies.
Briefing
Not later than one year after the date of 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:
An identification of each military installation so designated.
A justification as to why each military installation so designated was selected for such designation.
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.
Deadline for commencement of projects
Beginning not later than one year after the date of the enactment of this Act, covered prototype and demonstration projects shall be conducted at, and such conduct shall be incorporated into the mission of, each military installation designated pursuant to subsection (b).
Responsibility for administration and oversight
Notwithstanding the responsibility of the Secretary of Defense to select each military installation for designation pursuant to subsection (b)(2), the administration and oversight of the conduct of covered prototype and demonstration projects at a military installation so designated, as required under subsection (a), shall be the responsibility of the Secretary of the military department with jurisdiction over that military installation.
Consortiums
In general
Each Secretary of a military department may enter into a partnership with, or seek to establish, a consortium of industry, academia, and other entities described in paragraph (2) to conduct covered prototype and demonstration projects at a military installation that is under the jurisdiction of that Secretary and designated by the Secretary of Defense pursuant to subsection (b).
Consortium entities
The entities described in this paragraph are as follows:
National laboratories.
Industry entities the primary work of which relates to technologies and business models relating to energy resilience and all hazards resilience.
Authorities
In general
Covered prototype and demonstration projects required under this section may be conducted as part of the program for operational energy prototyping established under section 324(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including by using funds available under the Operational Energy Prototyping Fund established pursuant to such section), using the other transactions authority under section 4021 or 4022 of title 10, United States Code, or using any other available authority or funding source the Secretary of Defense determines appropriate.
Follow-on production contracts or transactions
Each Secretary of a military department shall ensure that, to the extent practicable, any transaction entered into under the other transactions authority under section 4022 of title 10, United States Code, for the conduct of a covered prototype and demonstration project under this section shall provide for the award of a follow-on production contract or transaction pursuant to subsection (f) of such section 4022.
Interagency collaboration
In carrying out this section, to the extent practicable, the Secretary of Defense shall collaborate with the Secretary of Energy and the heads of such other Federal departments and agencies as the Secretary of Defense may determine appropriate, including by entering into relevant memoranda of understanding.
Rule of construction
Nothing in this section shall be construed as precluding any Secretary of a military department from carrying out any activity, including conducting a project or making an investment, relating to the improvement of energy resilience or all hazards resilience under an authority other than this section.
Definitions
In this section:
The term appropriate congressional committees
means—
the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.
The term community infrastructure
has the meaning given that term in section 2391(e) of title 10, United States Code.
The term covered prototype and demonstration project
means a project to prototype and demonstrate advanced technologies to enhance energy resilience, including with respect to energy supply disruptions, and all hazards resilience at a military installation.
The term military installation
has the meaning given that term in section 2867 of title 10, United States Code.
Pilot program for development of electric vehicle charging solutions to mitigate grid stress
In general
The Secretary of Defense, in coordination with the Secretaries of the military departments, and in consultation with the Secretary of Energy, shall carry out a pilot program to develop and test covered infrastructure to mitigate grid stress caused by electric vehicles through the implementation and maintenance on certain military installations of charging stations, microgrids, and other covered infrastructure sufficient to cover the energy demand at such installations.
Selection of military installations
Selection
Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall—
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
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.
Considerations
In choosing a military installation for selection pursuant to paragraph (1), each Secretary of a military department shall take into account the following:
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.
Any required upgrades to covered infrastructure on the installation, including electrical wiring, anticipated by the Secretary.
The ownership, financing, operation, and maintenance models of existing and planned covered infrastructure on the installation.
An assessment of local grid needs, and any required updates relating to such needs anticipated by the Secretary.
Report
In general
Not later than one year after the date on which a Secretary of a military department submits a notification identifying a selected military installation under subsection (b), that Secretary shall submit to the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives and the Committee on Armed Services of the Senate a report on—
the covered infrastructure to be implemented under the pilot program at the installation;
the methodology by which each type of covered infrastructure so implemented shall be assessed for efficacy and efficiency at providing sufficient energy to cover the anticipated energy demand of the electric vehicle fleet at the installation and mitigating grid stress; and
the maintenance on the military installation of charging stations and other covered infrastructure, including a microgrid, that will be sufficient to—
cover the anticipated electricity demand of such fleet; and
improve installation energy resilience.
Elements
Each report under paragraph (1) shall include, with respect to the selected military installation for which the report is submitted, the following:
A determination of the type and number of charging stations to implement 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.
A determination of the optimal ownership model to provide charging stations on the installation, taking into account the following:
Use of Government-owned (purchased, installed, and maintained) charging stations.
Use of third-party financed, installed, operated, and maintained charging stations.
Use of financing models in which energy and charging infrastructure operations and maintenance are treated as a service.
Cyber and physical security considerations and best practices associated with different ownership, network, and control models.
A determination of the optimal power source to provide charging stations at the installation, taking into account the following:
Transformer and substation requirements.
Microgrids and distributed energy to support both charging requirements and energy storage.
Source of services
Each Secretary of a military department may use expertise within the military department or enter into a contract with a non-Department of Defense entity to make the determinations specified in paragraph (2).
Final report
Not later than January 1, 2025, the Secretary of Defense shall submit to the congressional committees specified in subsection (c)(1) a final report on the pilot program under subsection (a). Such report shall include the observations and findings of the Department relating to the charging stations and other covered infrastructure implemented and maintained under such pilot program, including with respect to the elements specified in subsection (c)(2).
Definitions
In this section:
The terms Armed Forces
and military departments
have the meanings given those terms in section 101 of title 10, United States Code.
The term charging station
means a collection of one or more electric vehicle supply equipment units serving the purpose of charging an electric vehicle battery.
The term covered infrastructure
—
means infrastructure that the Secretary of Defense determines may be used to—
charge electric vehicles, including by transmitting electricity to such vehicles directly; or
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
includes—
charging stations;
batteries;
battery-swapping systems;
microgrids;
off-grid charging systems; and
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.
The term electric vehicle
includes—
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
a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine or gas tank.
The term electric vehicle supply equipment unit
means the port that supplies electricity to one vehicle at a time.
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.
The term military installation has the meaning given that term in section 2801 of title 10, United States Code.
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.
Pilot program on use of sustainable aviation fuel
Pilot program required
In general
Subject to the availability of appropriations for such purpose, the Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense (in this section referred to as the pilot program
).
Design of program
The pilot program shall be designed to—
identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department;
promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and
engage nearby commercial airports to explore opportunities and challenges to partner on the increased use of sustainable aviation fuel.
Selection of facilities
Selection
In general
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than two geographically diverse facilities of the Department at which to carry out the pilot program.
Onsite refinery
Not fewer than one facility selected under subparagraph (A) shall be a facility with an onsite refinery that is located in proximity to not fewer than one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.
Notice to Congress
Upon the selection of each facility under paragraph (1), the Secretary shall submit to the appropriate congressional committees notice of the selection, including an identification of the facility selected.
Use of sustainable aviation fuel
Plans
For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—
develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel;
submit the plan developed under subparagraph (A) to the appropriate congressional committees; and
provide to the appropriate congressional committees a briefing on such plan that includes, at a minimum—
a description of any operational, infrastructure, or logistical requirements, and recommendations, for the blending and use of sustainable aviation fuel; and
a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.
Implementation of plans
For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel.
Criteria for sustainable aviation fuel
Sustainable aviation fuel used under the pilot program shall meet the following criteria:
Such fuel shall be produced in the United States from domestic feedstock sources.
Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.
Waiver
The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—
determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and
submits to the congressional defense committees notice of such waiver and the reasons for such waiver.
Final report
In general
At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the appropriate congressional committees a final report on the pilot program.
Elements
The report under paragraph (1) shall include each of the following:
An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.
A description of any operational, infrastructure, or logistical requirements, and recommendations, for the blending and use of sustainable aviation fuel, with a focus on scaling up adoption of such fuel throughout the Armed Forces.
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.
A description of the effects on performance and operation of aircraft using sustainable aviation fuel, including—
if used, considerations of various blending ratios and the associated benefits thereof;
efficiency and distance improvements of flights using sustainable aviation fuel;
weight savings on large transportation aircraft and other types of aircraft by using blended fuel with higher concentrations of sustainable aviation fuel;
maintenance benefits of using sustainable aviation fuel, including with respect to engine longevity;
the effect of the use of sustainable aviation fuel on emissions and air quality;
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
benefits with respect to job creation in the sustainable aviation fuel production and supply chain.
Definitions
In this section:
The term appropriate congressional committees
means the following:
The Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.
The Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.
The term sustainable aviation fuel
has the meaning given such term in section 40007(e) of the Act titled ‘An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14’ (Public Law 117–169).
Policy to increase disposition of spent advanced batteries through recycling
Policy required
Not later than one year after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Director of the Defense Logistics Agency, shall establish a policy to increase the disposition of spent advanced batteries of the Department of Defense through recycling (including by updating the Department of Defense Manual 4160.21, titled Defense Material Disposition: Disposal Guidance and Procedures
, or such successor document, accordingly), for the purpose of supporting the reclamation and return of precious metals, rare earth metals, and elements of strategic importance (such as cobalt and lithium) into the supply chain or strategic reserves of the United States.
Considerations
In developing the policy under subsection (a), the Assistant Secretary shall consider, at a minimum, the following recycling methods:
Pyroprocessing.
Hydroprocessing.
Direct cathode recycling, relithiation, and upcycling.
Guidance and target goal relating to formerly used defense sites programs
Guidance relating to site prioritization
The Assistant Secretary of Defense for Energy, Installations, and Environment shall issue guidance setting forth how, in prioritizing sites for activities funded under the Environmental Restoration Account, Formerly Used Defense Sites
account established under section 2703(a)(5) of title 10, United States Code, the Assistant Secretary shall weigh the relative risk or other factors between Installation Restoration Program sites and Military Munitions Response Program sites.
Target goal for Military Munitions Response Program
The Assistant Secretary of Defense for Energy, Installations, and Environment shall establish a target goal for the completion of the cleanup of all Military Munitions Response Program sites.
Analysis and plan