This Act may be cited as the “James M. Inhofe National Defense Authorization Act for Fiscal Year 2023”.

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

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.

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.

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.

(a) Limitations.—In carrying out the acquisition of Extended Range Cannon Artillery howitzers, the Secretary of the Army shall—

(1) limit production of prototype Extended Range Cannon Artillery howitzers to not more than 18;

(2) compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach;

(3) include in any cost analysis or comparison—

(A) the value of a Paladin howitzer that may be modified to produce an Extended Range Cannon Artillery howitzer; and

(B) the production value of government-owned infrastructure that would be leveraged to facilitate the modification;

(4) use a full and open competitive approach using best value criteria for post-prototype production source selection; and

(5) base any production strategy and source selection decisions on a full understanding of the cost of production, including—

(A) the comparison of production approaches described in paragraph (2); and

(B) any cost analysis or comparison described in paragraph (3).

(b) Certification.—Before issuing a request for proposal for the post-prototype production of an Extended Range Cannon Artillery howitzer, the Secretary of the Army shall—

(1) certify to the congressional defense committees that the acquisition strategy upon which the request for proposal is based complies with the requirements of subsection (a); and

(2) provide a briefing to the congressional defense committees on that acquisition strategy and the relevant cost and value comparison described in subsection (a)(2).

(a) In general.—Notwithstanding subsection (e)(1) of section 3201 of title 10, United States Code, and in accordance with subsection (e)(3) of such section, the Secretary of the Navy, for the covered program, shall—

(1) award prime contracts for concept design, preliminary design, and contract design to eligible shipbuilders;

(2) award prime contracts for detailed design and construction only to eligible shipbuilders; and

(3) allocate not less than one vessel and not more than two vessels in the covered program to each eligible shipbuilder before making a competitive contract award for the construction of vessels in the covered program.

(b) Collaboration requirement.—The Secretary of the Navy shall maximize collaboration between the Federal Government and eligible shipbuilders throughout the design, development, and production of the covered program.

(c) Competitive incentive requirement.—The Secretary of the Navy shall provide for competitive incentives throughout the design, development, and production of the covered program, including the following:

(1) Design labor hours, provided neither eligible shipbuilder has fewer than 30 percent of aggregate design labor hours in any phase of vessel design.

(2) Competitive solicitations for vessel procurement following the actions required by subsection (a)(3).

(d) Technology maturation requirements.—The Secretary of the Navy shall incorporate into the acquisition strategy of the covered program the requirements of the following:

(1) Section 131 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).

(2) Section 221 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599).

(e) Transition requirement.—The Secretary of the Navy shall ensure a transition from the Arleigh Burke-class destroyer program to the covered program that maintains predictable production workload at eligible shipbuilders.

(f) Definitions.—In this section:

(1) COVERED PROGRAM.—The term “covered program” means the DDG(X) destroyer program.

(2) ELIGIBLE SHIPBUILDER.—The term “eligible shipbuilder” means any of the following:

(A) General Dynamics Bath Iron Works.

(B) Huntington Ingalls Incorporated, Ingalls Shipbuilding division.

(3) PREDICTABLE PRODUCTION WORKLOAD.—The term “predictable production workload” means production workload that is not less than 70 percent of the average production workload of the Arleigh Burke-class destroyer program over the most recent five-fiscal year period throughout the transition from the Arleigh Burke-class destroyer program to the covered program.

(a) Authority for multiyear procurement.—Subject to section 3501 of title 10, United States Code, the Secretary of the Navy may enter into one or more multiyear contracts for the procurement of up to 15 Arleigh Burke class Flight III guided missile destroyers.

(b) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2023, for advance procurement associated with the destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems and subsystems associated with such destroyers in economic order quantities when cost savings are achievable.

(c) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2023 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(d) Contract requirement.—

(1) IN GENERAL.—The Secretary of the Navy shall ensure that a contract entered into under subsection (a) includes a priced option to procure an additional such destroyer in each of fiscal years 2023 through 2027.

(2) OPTION DEFINED.—In this subsection, the term “option” has the meaning given that term in section 2.101 of the Federal Acquisition Regulation (or any successor regulation).

(a) Block buy contract authority.—Beginning in fiscal year 2023, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of up to 10 Ship-to-Shore Connector class craft and associated material.

(b) Liability.—Any contract entered into under subsection (a) shall provide that—

(1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and

(2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.

(c) Certification required.—A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program:

(1) The use of such a contract is consistent with the Chief of Naval Operations’ projected force structure requirements for such craft.

(2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

(A) the estimated end cost and appropriated funds by fiscal year, by craft, without the authority provided in subsection (a);

(B) the estimated end cost and appropriated funds by fiscal year, by craft, with the authority provided in subsection (a);

(C) the estimated cost savings or increase by fiscal year, by craft, with the authority provided in subsection (a);

(D) the discrete actions that will accomplish such cost savings or avoidance; and

(E) the contractual actions that will ensure the estimated cost savings are realized.

(3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

(4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic, including a description of the basis for such estimates.

(5) The use of such a contract will promote the national security of the United States.

(d) Milestone decision authority defined.—In this section, the term “milestone decision authority” has the meaning given the term in section 4251(d) of title 10, United States Code.

(a) Contract authority.—

(1) PROCUREMENT AUTHORIZED.—In fiscal year 2023 or 2024, the Secretary of the Navy may enter into one or more contracts for the procurement of not more than eight John Lewis-class fleet replenishment oiler ships.

(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The ships authorized to be procured under paragraph (1) may be procured as additions to existing contracts covering such program.

(b) Certification required.—A contract may not be entered into under subsection (a) unless the Secretary of the Navy certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority for such program:

(1) The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for such ships.

(2) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

(A) the estimated end cost and appropriated funds by fiscal year, by hull, without the authority provided in subsection (a);

(B) the estimated end cost and appropriated funds by fiscal year, by hull, with the authority provided in subsection (a);

(C) the estimated cost savings or increase by fiscal year, by hull, with the authority provided in subsection (a);

(D) the discrete actions that will accomplish such cost savings or avoidance; and

(E) the contractual actions that will ensure the estimated cost savings are realized.

(3) There is a reasonable expectation that throughout the contemplated contract period the Secretary of the Navy will request funding for the contract at the level required to avoid contract cancellation.

(4) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

(5) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

(6) The use of such a contract will promote the national security of the United States.

(7) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.

(c) Authority for advance procurement.—The Secretary of the Navy may enter into one or more contracts for advance procurement associated with a ship or ships for which authorization to enter into a contract is provided under subsection (a), and for systems and subsystems associated with such ships in economic order quantities when cost savings are achievable.

(d) Condition for out-year contract payments.—A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year is subject to the availability of appropriations for that purpose for such fiscal year.

(e) Milestone decision authority defined.—In this section, the term “milestone decision authority” has the meaning given the term in section 4251(d) of title 10, United States Code.

Before accepting delivery of any FFG–62 class vessel, the Secretary of the Navy shall require that the vessel be capable of carrying and employing Tomahawk cruise missiles.

(a) In general.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section:

(b) Clerical amendment.—The table of sections at the beginning of chapter 863 of such title is amended by adding at the end the following new item:

“8696. Navy shipbuilding workforce development initiative.”.

(c) Applicability.—Section 8696 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts and contract modifications entered into on or after June 1, 2023.

(a) In general.—Subsection (a) of section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1665), as most recently amended by section 122 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1570), is further amended by striking “for fiscal years 2019, 2020, 2021, or 2022” and inserting “for any of fiscal years 2019 through 2023”.

(b) Technical amendment.—Subsection (b)(4) of such section is amended by striking “section 2304” and inserting “sections 3201 through 3205”.

The Secretary of the Navy may take no action that would prevent the Navy from maintaining the fleet of E–6B aircraft in the configuration and capability in effect as of the date of the enactment of this Act until the date on which the Chair of the Joint Requirements Oversight Council certifies in writing to the congressional defense committees that the replacement capability for the E–6B aircraft will—

(1) be fielded at the same time or before the retirement of the E–6B aircraft; and

(2) result in equal or greater capability available to the commanders of the combatant commands.

(a) Prohibition.—None of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Navy may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any EA–18G aircraft.

(b) Transfer of aircraft.—The Secretary of the Navy shall transfer the EA–18G aircraft associated with the expeditionary land-based electronic attack squadrons to the Navy Reserve.

(c) Establishment of squadrons.—The Secretary of the Air Force shall designate one or more units from the Air National Guard or the Air Force Reserve to join with the Navy Reserve to establish one or more joint service expeditionary, land-based electronic attack squadrons to match the capability of such squadrons assigned to Naval Air Station Whidbey Island, Washington, as of the date of the enactment of this Act.

(d) Report on implementation plan.—Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the congressional defense committees a report on the plan of the Secretaries to implement this section.

(a) Block buy contract authority.—During fiscal years 2023 and 2024, the Secretary of the Navy may enter into one or more block buy contracts for the procurement of airframes and engines in support of the CH–53K heavy lift helicopter program (in this section referred to as the “program”).

(b) Liability.—Any contract entered into under subsection (a) shall provide that—

(1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and

(2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.

(c) Certification required.—A contract may not be entered into under subsection (a) unless the Secretary of Defense certifies to the congressional defense committees, in writing, not later than 30 days before entry into the contract, each of the following, which shall be prepared by the milestone decision authority (as defined in section 4251(d) of title 10, United States Code) for the program:

(1) The use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts. In certifying cost savings under the preceding sentence, the Secretary shall include a written explanation of—

(A) the estimated obligations and expenditures by fiscal year for the program without the authority provided in subsection (a);

(B) the estimated obligations and expenditures by fiscal year for the program with the authority provided in subsection (a);

(C) the estimated cost savings or increase by fiscal year for the program with the authority provided in subsection (a);

(D) the discrete actions that will accomplish such cost savings or avoidance; and

(E) the contractual actions that will ensure the estimated cost savings are realized.

(2) There is a reasonable expectation that throughout the contemplated contract period the Secretary of Defense will request funding for the contract at the level required to avoid contract cancellation.

(3) There is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.

(4) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of a contract authorized under subsection (a) are realistic.

(5) The use of such a contract will promote the national security of the United States.

(6) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for such fiscal year will include the funding required to execute the program without cancellation.

(7) The contract will be a fixed price type contract.

(a) Prohibition.—Except as provided in subsections (b) and (c), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 26.

(b) Exception for acquisition strategy.—If the Secretary of the Air Force submits to the congressional defense committees an acquisition strategy for the E–7 Wedgetail approved by the Service Acquisition Executive of the Air Force, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 21 after the date on which the strategy is so submitted.

(c) Exception for contract award.—If the Secretary of the Air Force awards a contract for the E–7 Wedgetail aircraft, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to 16 after the date on which such contact is so awarded.

(a) Modification of general requirement.—Section 135(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3431) is amended by striking “412” and inserting “400”.

(b) Modification of limitation on retirement of KC–135 aircraft.—Section 137(b)(1) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576) is amended by striking “18” and inserting “31”.

(a) Prohibition.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2023 for the Air Force may be obligated to retire, prepare to retire, or place in storage or in backup aircraft inventory any F–22 Block 20 aircraft.

(b) Expiration of prohibition.—The prohibition under subsection (a) shall cease to have effect on the date on which the Secretary of the Air Force submits to the congressional defense committees—

(1) a detailed plan approved by the Secretary to conduct formal training for F–22 aircrews to ensure that the combat capability at operational units would not be degraded if the Air Force were to retire all F–22 Block 20 aircraft; and

(2) a report on how the Secretary intends to avoid—

(A) diminishing the combat effectiveness of remaining F–22 aircraft;

(B) exacerbating F–22 aircraft availability concerns; and

(C) complicating F–22 aircraft squadron maintenance issues.

(a) In general.—The Secretary of the Air Force and the Secretary of the Navy shall—

(1) include covered parts in supply chain solutions to provide for replacement or increased inventories for—

(A) all commercial derivative aircraft and engines of the Department of Defense; and

(B) all aircraft of the Department that are based on commercial design;

(2) conduct the acquisition of all follow-on covered parts on a competitive basis, based on price and quality; and

(3) procure covered parts only from suppliers that provide covered parts that possess a FAA Authorized Release Certificate, FAA Form 8130–3 Airworthy Approval Tag, from a repair station certified pursuant to part 145 of title 14, Code of Federal Regulations (or successor regulation).

(b) Covered parts defined.—In this section, the term “covered parts”—

(1) means used, overhauled, reconditioned, or re-manufactured common or dual use parts certified as airworthy by the Federal Aviation Administration; and

(2) does not include life limited parts.

(a) Assessment, analysis, and review.—The Secretary of Defense shall conduct—

(1) an assessment of the threats posed by unmanned aerial system (UAS) swarms or unmanned aerial systems with indicative swarm capabilities to installations and deployed armed forces;

(2) an analysis of the use or potential use of unmanned aerial system swarms by adversaries, including China, Russia, Iran, North Korea, and non-state actors;

(3) an analysis of the implication of swarming technologies such as autonomous intelligence and machine learning;

(4) a review of current fielded systems and whether they effectively counter a wide range of potential unmanned aerial system swarm threats; and

(5) an overview of development efforts and field tests of technologies that offer scalable, modular, and rapidly deployable systems that could counter unmanned aerial system swarms.

(b) Strategy development and implementation required.—

(1) IN GENERAL.—The Secretary shall develop and implement a strategy to field systems to counter threats posed by unmanned aerial system swarms.

(2) ELEMENTS.—The strategy required by paragraph (1) shall include the following:

(A) The development of a comprehensive definition of “unmanned aerial system swarm”.

(B) A plan to establish and incorporate requirements for development, testing, and fielding of counter unmanned aerial system swarm capabilities.

(C) A plan to acquire and field adequate organic capabilities to counter unmanned aerial system swarms in defense of United States armed forces, assets, and infrastructure across land, air, and maritime domains.

(D) An estimate of resources needed by the Army, the Navy, and the Air Force to implement the plan required by paragraph (3).

(E) An analysis, determination, and prioritization of legislative action required to ensure the Department has the ability to counter the threats described in subsection (a)(1).

(F) Such other matters as the Secretary considers pertinent.

(3) INCORPORATION INTO EXISTING STRATEGY.—The Secretary may incorporate the strategy required by paragraph (1) into a strategy that was in effect on the day before the date of the enactment of this Act.

(c) Information to Congress.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on—

(1) the findings of the Secretary under subsection (a); and

(2) the strategy developed and implemented by the Secretary under subsection (b).

(a) Sense of Senate.—It is the sense of the Senate that—

(1) the United States is entering into an unprecedented period of strategic competition with two potential adversaries, each of which now possesses, or will acquire, nuclear and missile forces equal to or greater than such forces possessed by the United States;

(2) ensuring the continued deterrence of the growing threat of the nuclear capabilities of such adversaries requires—

(A) safe, secure, effective, and credible nuclear forces, with a range of flexible employment options, available to the President; and

(B) robust missile forces capable of overcoming current and future missile defenses;

(3) such forces can only be achieved through the rapid and complete modernization of legacy nuclear capabilities of the United States and the timely development of a range of ballistic, cruise, and hypersonic boost-glide missiles;

(4) ongoing Department of Defense and National Nuclear Security Administration programs and projects to achieve the modernization of United States nuclear forces enjoy virtually no scheduled margin for delivery prior to the expected retirement or decommissioning of legacy systems and facilities, even as the People's Republic of China, the Russian Federation, and North Korea work to rapidly modernize and expand their nuclear arsenals;

(5) the People's Republic of China, the Russian Federation, and North Korea are—

(A) engaged in a variety of missile programs intended to defeat the missile defense capabilities of the United States and its allies; and

(B) expected to field such capabilities in greater volumes than the United States;

(6) imbalances in such capabilities are inherently destabilizing and represent profound risks to the security of the United States and its allies and to global stability at large;

(7) the Secretary of Defense and the Secretary of Energy should leverage all available tools to reduce the risk of schedule delays in nuclear modernization and hypersonic missile programs and projects, including by—

(A) universally applying the authorities provided by the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) to each such program or project; and

(B) assigning a DX priority rating under part 700 of title 15, Code of Federal Regulations, to each such program or project;

(8) the assignment of DX priority ratings would help minimize the risk that such programs and projects are unnecessarily delayed due to misallocations of industrial materials, services, or facilities; and

(9) the Secretary of Defense and the Secretary of Energy should promptly inform Congress of any additional opportunities to further reduce risks relating to such programs and projects or the schedules for such programs and projects that could be achieved through the adjustment of existing authorities.

(b) Report and certification.—

(1) IN GENERAL.—Not later than January 1, 2023, the Secretary of Defense and the Secretary of Energy shall jointly submit to the congressional defense committees a report including—

(A) with respect to each nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration, a determination of whether such program or project should be assigned a DX priority rating under part 700 of title 15, Code of Federal Regulations;

(B) for any such program or project that the respective Secretary determines under subparagraph (A) should be assigned a DX priority rating, a confirmation that such program or project has been assigned a DX rating; and

(C) for any such program or project that has not been assigned a DX priority rating as of January 1, 2023—

(i) an explanation for any delay in assigning such a rating; and

(ii) a timeline for the assignment of such a rating.

(2) ANNUAL CERTIFICATION.—For any nuclear weapons delivery system, missile warning system, hypersonic boost-glide missile system program, or weapon program or nuclear security enterprise infrastructure project of the National Nuclear Security Administration that the respective Secretary determines under paragraph (1)(A) should not be assigned a DX priority rating , the Secretary shall, until such program reaches full operational capability, annually submit to the congressional defense committees a certification that the lack of assignment of such rating will not negatively affect the delivery of operational capabilities by such program or project.

(3) NONDELEGATION.—The Secretary may not delegate a determination under paragraph (1)(A) to any other official.

(a) In general.—Not later than February 28, 2023, the Comptroller General of the United States shall conduct an assessment of efforts to modernize propulsion systems of the F–35 aircraft.

(b) Elements.—The findings of the assessment required by subsection (a) shall set forth the following:

(1) The results of a comparative analysis and independent cost assessment, conducted by the Comptroller General, of options to modernize propulsion systems of the F–35 aircraft, including—

(A) modernizing the existing F135 engine; and

(B) the development and insertion of the Adaptive Engine Transition Program engine.

(2) The costs of the alternatives associated with development, production, retrofit, integration, and installation, including air vehicle modifications, and sustainment infrastructure requirements of the Adaptive Engine Transition Program engine for the F–35A aircraft.

(3) An assessment of progress made by prototype aircraft in the Adaptive Engine Transition Program effort.

(4) The timeline associated with modernizing the F135 engine to meet Block 4 upgrade requirements for the F–35A aircraft.

(5) The costs associated with modernizing the F135 engine to meet Block 4 upgrade requirements.

(6) An assessment of the potential impact of the modernization alternatives described in this subsection on life cycle sustainment and sparing contracts, including the impact on international partners.

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.

(a) In general.—Chapter 301 of title 10, United States Code, is amended by inserting after section 4026 the following new section:

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4026 the following new item:

“4027. Disclosure requirements for recipients of research and development funds.”.

(a) In general.—Section 2350a of title 10, United States Code, is amended—

(1) in subsection (a)(2), by adding at the end the following:

“(F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations.”; and

(2) in subsection (i), by amending paragraph (1) to read as follows:

“(1) The term ‘cooperative research and development project’ means a project—

“(A) involving joint participation by—

“(i) the United States and—

“(ii) (I) one or more countries and organizations referred to in subsection (a)(2) under a memorandum of understanding (or other formal agreement); or

“(II) one or more parties in the national technology and industrial base (as defined in section 4801 of this title) under a memorandum of understanding (or other formal agreement); and

“(B) to carry out a joint research and development program—

“(i) to develop new conventional defense equipment and munitions; or

“(ii) to modify existing military equipment to meet United States military requirements.”.

(b) Conforming regulations.—Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulations to conform with section 2350a of title 10, United States Code, as amended by subsection (a).

(a) Resource sponsor.—

(1) IN GENERAL.—The Commander of Naval Air Systems Command (NAVAIR) shall, in conjunction with the Director of Air Warfare (OPNAV N98), serve as the resource sponsor for the Advanced Sensor Applications Program (known as “ASAP” and in this section referred to as the “Program”).

(2) RESPONSIBILITIES.—The resource sponsor of the Program shall be responsible for the following:

(A) Developing budget requests relating to the Program.

(B) Establishing priorities for the Program.

(C) Approving the execution of funding and projects for the Program.

(D) Coordination and joint planning with external stakeholders in matters relating to the Program.

(b) Limitations.—No other entity in the Department of the Navy may—

(1) serve as a resource sponsor for the Program;

(2) provide direction and management for the Program;

(3) set priorities for the Program;

(4) regulate or limit the information available or accessible to the Program;

(5) edit reports or findings generated under the Program; or

(6) coordinate and manage interactions of the Program with external stakeholders.

(c) Authority for Program manager.—The program manager for the Program may access, consider, act on, and apply information, at all levels of classification and from all sources and organizations, that is pertinent to the projects and activities that the Program is executing, or considering proposing for the future.

(d) Quarterly briefings.—Not less frequently than once every three months, the program manager for the Program shall provide the congressional defense committees and congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the Program, including on the implementation of this section, other congressional direction, and direction and oversight from the Commander of Naval Air Systems Command and other higher headquarters.

(e) Strategic relationship.—The program manager for the Program shall evaluate the feasibility and advisability of establishing a strategic relationship with the Naval Research Laboratory for scientific and technical assistance and support for the Program.

(f) Use of assets.—The Commander shall take all actions the Commander considers reasonable—

(1) to enable the Program to utilize assets controlled within the Naval Air Systems Command enterprise, including sensor systems and platforms; and

(2) to pursue the use of other assets that may further the mission of the Program.

Section 4022 of title 10, United States Code, is amended—

(1) in subsection (a)(2)—

(A) by striking “, and any follow-on production contract or transaction that is awarded pursuant to subsection (f),” both places it appears;

(B) in subparagraph (A)(ii), by striking “; and” and inserting a semicolon;

(C) in subparagraph (B)(ii), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following new subparagraph:

“(C) may be exercised for a transaction for a follow-on production contract or transaction that is awarded pursuant to subsection (f) and expected to cost the Department of Defense in excess of $100,000,000 (including all options) only if a covered official—

“(i) determines in writing that—

“(I) the requirements of subsection (d) will be met; and

“(II) the use of the authority of this section is essential to meet critical national security objectives; and

“(ii) notifies the congressional defense committees in writing of the findings required under clause (i) at the time such authority is exercised.”; and

(2) in subsection (e)—

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively;

(B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph:

“(1) The term ‘covered official’ means—

“(A) a service acquisition executive;

“(B) the Director of the Defense Advanced Research Projects Agency;

“(C) the Director of the Missile Defense Agency;

“(D) the Undersecretary of Defense for Acquisition and Sustainment; or

“(E) the Undersecretary of Defense for Research and Engineering.”; and

(C) by inserting after paragraph (2), as so redesignated, the following new paragraph:

“(3) The term ‘service acquisition executive’ has the meaning given the term in section 101 of this title.”.

(a) Demonstrations and tests required.—Not later than 270 days after the date of the enactment of this Act, the Director of the Air Force Rapid Capabilities Office (RCO) shall conduct competitively awarded demonstrations and tests of commercial electronics technology to determine whether technology currently exists that could enable the following electromagnetic warfare capabilities:

(1) The operation of multiple emitters and receivers in the same frequency at the same time and in the same location without mutual interference and without using adaptive beam forming or nulling.

(2) Protecting the reception of Global Positioning System and other vulnerable low-power signals from multiple high-power jammers at a level that is significantly better than the protection afforded by Controlled Reception Pattern Antennas.

(3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in the same frequency and are transmitted and received at the same time without interference.

(4) Capabilities similar to paragraphs (1) through (3) in a live, virtual constructive simulation environment.

(5) Other capabilities that might satisfy or support needs set forth in the Electromagnetic Spectrum Superiority Strategy Implementation Plan.

(b) Oversight of tests.—The Director of Operational Test and Evaluation shall—

(1) provide oversight of the demonstrations and tests required by subsection (a);

(2) review other applicable government or commercial demonstrations and tests; and

(3) not later than 30 days after the completion of the demonstrations and tests under subsection (a), independently advise the Chief Information Officer (CIO) of the Department of Defense, the Under Secretary of Defense for Research and Engineering (USD R&E), and the Under Secretary of Defense for Acquisition and Sustainment (USD A&S) of the outcomes of the demonstrations and tests.

(c) Outcome-based actions required.—If the Director of Operational Test and Evaluation and the Director of the Air Force Rapid Capabilities Office affirm that the demonstrations and tests under subsection (a) confirm that current technology could enable the capabilities described in paragraphs (1) through (3) of such subsection—

(1) not later than 45 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office and the Director of Operational Test and Evaluation shall brief the congressional defense committees on the outcomes of the tests;

(2) the Director of the Air Force Rapid Capabilities Office may commit additional funds to begin engineering form, fit, and function development and integration for specific Department of Defense platforms and applications; and

(3) not later than 90 days after the conclusion of the tests under subsection (a), the Director of the Air Force Rapid Capabilities Office, the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment shall brief the congressional defense committees on a plan to further develop and deploy the demonstrated and tested technologies to support the Electromagnetic Spectrum Superiority Strategy Implementation Plan.

(a) Establishment.—

(1) IN GENERAL.—The Secretary of Defense shall establish a working group for industry, academia, and Department of Defense components to coordinate on microelectronics issues of mutual interest as specified in subsection (b).

(2) COMPOSITION.—The working group established under paragraph (1) shall be composed of representatives of industry, academia, and Department of Defense components.

(3) DESIGNATION.—The working group established under paragraph (1) shall be referred to as the “Government-Industry Working Group on Microelectronics” (in this section referred to as the “Working Group”).

(b) Scope.—The Secretary shall ensure that the Working Group supports dialogue and coordination on the following topic areas relating to microelectronics:

(1) Future research needs.

(2) Infrastructure needs and shortfalls.

(3) Technical and process standards.

(4) Training and certification needs for the workforce.

(5) Supply chain issues.

(6) Supply chain, manufacturing, and packaging security.

(c) Administrative support framework.—

(1) CHARTER AND POLICIES.—Not later than March 1, 2023, the Secretary of Defense shall develop a charter and issue policies for the functioning of the Working Group.

(2) SUPPORT.—The joint federation of capabilities established under section 937 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) shall provide administrative support to the Working Group.

(d) Rule of construction.—Nothing in this section shall be construed to give a competitive advantage to any participant in the Working Group.

(e) Sunset.—The provisions of this section shall terminate on December 31, 2030.

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

(1) in subsection (a), by adding at the end the following new paragraph:

“(10) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.—The Undersecretary of Defense for Research and Engineering may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Office.”; and

(2) in subsection (b)(1)—

(A) in subparagraph (H), by striking “; and” and inserting a semicolon;

(B) in subparagraph (I), by striking the semicolon and inserting “; and”; and

(C) by adding at the end the following new subparagraph:

“(J) in the case of the Office of the Under Secretary of Defense for Research and Engineering, appoint scientists and engineers to a total of not more than 10 scientific and engineering positions in the Office;”.

(a) Investment plans required.—Not later than November 1, 2023, and not less frequently than once every three years thereafter until December 31, 2035, the Secretary of Defense shall submit to the congressional defense committees an investment plan for foundational capabilities needed to develop novel processing approaches for future defense applications.

(b) Purpose.—The purpose of the investment plan required by subsection (a) is to establish an integrated approach to the identification, prioritization, development, and leveraging of Department of Defense investments from the research, development, test, and evaluation accounts of the Department.

(c) Elements.—The investment plan required by subsection (a) shall—

(1) identify current and projected investments in research and technology development to support fielding and use of novel processing approaches;

(2) identify current and projected investments supporting the acceleration of novel processing approaches, including investments in—

(A) personnel and workforce capabilities;

(B) facilities and infrastructure to host systems utilizing novel processing approaches;

(C) algorithm developments necessary to expand the functionality from each novel processing approach;

(D) other Federal agencies and federally sponsored laboratories; and

(E) appropriate international and commercial sector organizations and activities;

(3) describe mechanisms to coordinate and leverage investments within the Department and with non-Federal partners;

(4) describe the technical goals to be achieved and capabilities to be developed under the strategy; and

(5) include recommendations for such legislative or administration action as may support the effective execution of the investment plan.

(d) Form.—Each plan submitted under subsection (a) shall be submitted in such form as the Secretary considers appropriate, which may include classified, unclassified, and publicly releasable formats.

(e) Novel processing approaches defined.—In this section, the term “novel processing approaches” means—

(1) new, emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing; and

(2) associated algorithm and hardware development needed to instantiate such techniques.

(a) Three-year transition plan required.—

(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, the Assistant Secretary of the Navy for Research, Development, and Acquisition, and the Assistant Secretary of the Air Force for Acquisition and Research, in coordination with and under the oversight of the Chief Information Officer, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment, shall each develop and submit to the congressional defense committees an unclassified three-year transition plan for fifth generation information and communications technology (5G) infrastructure for their respective military department.

(2) ELEMENTS.—The transition plans identified under paragraph (1) shall include—

(A) an operational needs assessment that identifies the highest priority areas where fifth generation information and communications technologies should be deployed;

(B) an investment plan that includes funding estimates, by fiscal year and appropriation account, to accelerate the maturation, acquisition, and deployment of fifth generation information and communications capabilities that use the open radio access network approach on Department of Defense facilities and systems;

(C) metrics and reporting mechanisms to drive progress towards the three-year transition goal;

(D) identification and designation of a single point of contact at each installation, and within each of the services to facilitate the deployment of fifth generation information and communications technologies;

(E) planned efforts to streamline the real estate, contracting, and communications policies and processes to field wireless infrastructure that has resulted in a lengthy approval processes for industry to provide on-air wireless coverage on an installation;

(F) identification of other areas of concern that require investment to support the transition to fifth generation information and communications technology that uses the open radio access network approach; and

(G) such other matters as the Secretary of Defense considers appropriate.

(b) Cross-functional team assessment.—

(1) ASSESSMENT AND BRIEFING REQUIRED.—Not later than 150 days after the date of the enactment of this Act and after all of the plans required by subsection (a)(1) have been submitted in accordance with such subsection, the cross-functional team established pursuant to section 224(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note) shall assess such plans and provide the congressional defense committees with a briefing on the findings of the cross functional team with respect to such assessment.

(2) ELEMENTS.—The briefing provided under paragraph (1) shall include the following:

(A) Recommendations to further accelerate the deployment of fifth-generation information and communications technologies that use the open radio access network approach across the Department of Defense.

(B) Recommendations to standardize and streamline the real estate, contracting, and communications policies and processes to field wireless infrastructure on an installation.

(C) An engagement plan for Department participants in international wireless standards setting bodies.

(D) Such other matters as the cross functional team described in paragraph (1) considers appropriate.

(c) Open radio access network approach defined.—In this section the term “open radio access network approach” means an approach to networking that uses a disaggregated or virtualized radio access network and core in which components can be provided by different vendors and interoperate through open protocols and interfaces, including those protocols and interfaces utilizing the Open Radio Access Network (commonly known as “Open RAN”’) approach.

(a) Establishment.—

(1) IN GENERAL.—The Secretary of Defense may establish and carry out a pilot program to assess the feasibility and advisability of providing support to domestic battery producers, particularly those producing lithium-ion cells and battery packs—

(A) to facilitate the research and development of safe and secure battery technologies for existing as well as new or novel battery chemistry configurations;

(B) to assess existing commercial battery offerings within the marketplace for viability and utility for warfighter applications; and

(C) to transition such technologies, including technologies developed from pilot programs, prototype projects, or other research and development programs, from the prototyping phase to production.

(2) DESIGNATION.—The pilot program established under paragraph (1) shall be known as the “Warfighter Electric Battery Transition Project” (referred to in this section as the “Project”).

(b) Grants, contracts, and other agreements.—The Secretary may carry out the Project through the award of support, as described in subsection (a)(1), in the form of grants to, or contracts or other agreements with, battery producers, particularly those producing lithium-ion cells and battery packs.

(c) Use of grant and contract amounts.—A recipient of a grant, contract, or other agreement under the Project may use the amount of the grant, contract, or other agreement to carry out the following:

(1) Conducting research and development to validate new or novel battery chemistry configurations, including through experimentation, prototyping, testing, integration or manufacturing feasibility assessment.

(2) Providing commercially available technologies to each Secretary of a military department and the commanders of combatant commands to support utility assessments or other testing by warfighters.

(3) Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in the technology industry that may have unused or underused solutions to the specific operational challenges of the Department.

(d) Priority of awards.—In awarding grants, contracts, or other agreements under the Project, the Secretary shall give preference to technology producers that—

(1) manufacture battery cells, packs, and modules in the United States;

(2) manufacture battery cells, packs, and modules in the national technology industrial base (NTIB);

(3) provide modularity to support diverse applications;

(4) facilitate safety in tactical and combat applications by using chemistries that reduce thermal runaway and minimize oxygen liberation;

(5) facilitate optimal use in light- medium- and heavy-duty applications by providing a minimum of 400 Wh/L of volumetric energy density;

(6) demonstrate new or novel battery chemistry configurations, safety characteristics, or form-factor configurations;

(7) facilitate the domestic supply chain for raw materials; and

(8) offer commercial products or commercial services and maintains customers with verified purchase orders.

(e) Reporting and data collection.—

(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—The Secretary may not commence the Project until the Secretary has completed a plan for the implementation of the Project, including—

(A) collecting, analyzing, and retaining Project data;

(B) developing and sharing best practices for achieving the objectives of the Project;

(C) identification of any policy or regulatory impediments inhibiting the execution of the program; and

(D) sharing results from the program across the Department, and with elements of the Federal Government, including the legislative branch of the Federal Government.

(f) Administration.—The Under Secretary of Defense for Research and Engineering shall administer the Project.

(g) Termination.—The Project shall terminate on December 31, 2028.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the recommendations made by the National Academies in the Army Futures Command Research Program Realignment Study.

(b) Contents.—The report submitted under subsection (a) shall include the following:

(1) A description of each recommendation described in such subsection that has already been implemented.

(2) A description of each recommendation described in such subsection that the Secretary has commenced implementing, including a justification for determining to commence implementing the recommendation.

(3) A description of each recommendation described in such subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or not to implement the recommendation.

(4) For each recommendation under paragraph (3) the Secretary determines to implement, the following:

(A) A timeline for implementation.

(B) A description of any additional resources or authorities required for implementation.

(C) The plan for implementation.

(5) For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the determination not to implement.

(c) Format.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(a) Strategy and implementation plan required.—Not later than March 1, 2023, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a strategy and an implementation plan for the defense innovation ecosystem.

(b) Purposes.—

(1) STRATEGY.—The purpose of the strategy required by subsection (a) is to provide a framework for identifying, assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and warfighting missions of the Department of Defense.

(2) IMPLEMENTATION PLAN.—The purpose of the implementation plan required by subsection (a) is to provide—

(A) concrete steps and measures of effectiveness to gauge the effect of the innovation ecosystems described in paragraph (1) on the Department; and

(B) a means for assessing the effectiveness of approaches taken by the Department to grow, foster, and sustain such innovation ecosystems.

(c) Elements.—The strategy and the implementation plan required by subsection (a) shall include the following elements:

(1) A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department.

(2) Metrics for measuring the performance and health of innovation ecosystems being supported by the Department, including identification of criteria to determine when to establish or cease supporting identified ecosystems.

(3) Identification of Department of Defense research, development, test, and evaluation assets and authorities that can be engaged in identifying, establishing, sustaining, and expanding innovation ecosystems.

(4) For each innovation ecosystem designated or established by the Department—

(A) a listing of such innovation ecosystems with a description of core competencies or focus areas;

(B) identification of Department research, development, test, and evaluation organizations engaged with such innovation ecosystems;

(C) identification of the private sector assets and authorities that are being used to support, sustain, and expand the identified innovation ecosystem; and

(D) a description of challenges and successes associated with each innovation ecosystem.

(5) Such other elements as the Secretary considers appropriate.

(d) Interim briefing.—Not later than December 1, 2022, the Secretary shall provide the congressional defense committees a briefing on the strategy and implementation plan developed under subsection (a).

(e) Submittal of strategy and plan.—Not later than March 1, 2023, the Secretary shall submit to the congressional defense committees the strategy and implementation plan developed under subsection (a).

(f) Quadrennial updates.—Not later than March 1, 2027, and not less frequently than once ever four years thereafter until December 31, 2039, the Secretary shall—

(1) update the strategy and plan developed under subsection (a); and

(2) submit the updated strategy and plan to the congressional defense committees.

(g) Authorities.—The strategy and implementation plan developed under subsection (a) may incorporate the use of the following authorities or programs:

(1) Section 1746a of title 10, United States Code, relating to acquisition workforce educational partnerships.

(2) Section 2194 of such title, relating to education partnerships.

(3) Section 2474 of such title, relating to centers of industrial and technical excellence.

(4) Section 4001 of such title, relating to research and development projects.

(5) Section 4010 of such title, relating to the Defense established program to stimulate competitive research.

(6) Sections 4021 and 4022 of such title, relating to transactions other than contracts and grants and authority of the Department of Defense to carry out certain prototype projects, respectively.

(7) Section 4023 of such title, relating to procurement for experimental purposes.

(8) Section 4025 of such title, relating to prizes for advanced technology achievements.

(9) Section 4123 of such title, relating to mechanisms to provide funds for defense laboratories for research and development of technologies for military missions.

(10) Section 4144 of such title, relating to research and educational programs at historically black colleges and universities and minority serving institutions.

(11) Section 4832 of such title, relating to the encouragement of technology transfer at the Department of Defense.

(12) Section 252 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239), relating to regional advanced technology clusters.

(13) Section 801(e) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law113–66; 10 U.S.C. 4832 note), relating to enhanced transfer of technology development at Department of Defense laboratories.

(14) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), relating to defense pilot program for authority to acquire innovative commercial products, technologies, and services using general solicitation competitive procedures.

(15) Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public 115–91; 10 U.S.C. 4001 note), relating to mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.

(16) Section 833 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note), relating to a pilot program on acquisition practices for emerging technologies.

(17) Other such authorities as the Secretary deems appropriate.

(h) Definitions.—In this section:

(1) The term “Department of Defense research, development, test, and evaluation assets” includes the following:

(A) The Department of Defense science and technology reinvention laboratories designated under section 4121 of title 10, United States Code.

(B) The Major Range and Test Facility Base (as defined in section 4173(i) of such title).

(C) Department of Defense sponsored manufacturing innovation institutes.

(D) The organic industrial base.

(E) Department of Defense agencies and field activities that execute research, development, test, and evaluation funded activities.

(2) The term “innovation ecosystem” refers to a regionally based network of private sector, academic, and government institutions in a network of formal and informal institutional relationships that contribute to technological and economic development in a defined technology sector or sectors.

Section 139(h)(3) of title 10, United States Code, is amended by inserting “or controlled unclassified” after “classified”.

Section 254(d)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note) is amended, in the matter before subparagraph (A), by striking “March 15, 2022” and inserting “December 1, 2026”.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on estimated costs for conducting not fewer than one full-scale, operationally relevant, live-fire, hypersonic weapon test of the systems currently under development each year by each of the Air Force, the Army, and the Navy, once such systems reach initial operational capability.

Section 4126 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) Annual report.— (1) Each year, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an annual report on all studies and reports being undertaken for the Department of Defense as of the date of the report by federally funded research and development centers.

“(2) Each report submitted under paragraph (1) shall set forth, for the period covered by the report, the following:

“(A) A list of each study and report described by paragraph (1).

“(B) For each study or report listed under subparagraph (A) the following:

“(i) The title of the study or report.

“(ii) The federally funded research and development center undertaking the study or report.

“(iii) The amount of the contract or other agreement pursuant to which the study or report is being produced or conducted.

“(iv) The anticipated completion date of the study or report.

“(3) The report required by paragraph (1) shall not apply to the following:

“(A) Classified reports or studies.

“(B) Technical reports associated with scientific research or technical development activities.

“(C) Reports or studies that are deliverables under contract for non-Defense Department entities.

“(D) Reports or studies that are draft, or have not undergone a peer-review or prepublication security review process established by the federally funded research and development centers.”

“(4) The report required by paragraph (1) shall be generated using the products and processes generated pursuant to section 908 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 111 note).

“(5) The requirements of this subsection shall terminate on the date that is five years after the date of the enactment of this subsection.”.

(a) Development and implementation of capability.—The Secretary of Defense shall develop and implement a capability for quantifiable assurance to achieve practical, affordable, and risk-based objectives for security of microelectronics to enable the Department of Defense to access and apply state-of-the-art microelectronics for military purposes.

(b) Establishment of requirements and schedule of support for development, test, and assessment.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall, in consultation with the Under Secretary of Defense for Research and Engineering, establish requirements and a schedule for support from the National Security Agency to develop, test, assess, implement, and improve the capability required by subsection (a).

(2) NATIONAL SECURITY AGENCY.—The Director of the National Security Agency shall take such actions as may be necessary to satisfy the requirements established under paragraph (1).

(3) BRIEFING.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering and the Director of the National Security Agency shall provide the congressional defense committees a briefing on the requirements and the schedule for support established under paragraph (1).

(c) Assessment.—

(1) IN GENERAL.—The Secretary of Defense shall assess whether the Department of Defense, to enable expanded use of unprogrammed application specific integrated circuits or other custom-designed integrated circuits manufactured by a supplier that is not using processes accredited by the Defense Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics technology using risk-based quantifiable assurance security methodology, should—

(A) seek changes to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and Department of Defense Instruction 5200.44 (relating to protection of mission critical functions to achieve trusted systems and networks); and

(B) expand the use of unprogrammed custom-designed integrated circuits that are not controlled by such regulations.

(2) BRIEFING.—Not later than April 1, 2023, the Secretary shall provide the congressional defense committees a briefing on the findings of the Secretary with respect to the assessment conducted under paragraph (1).

(a) Personnel management authority to attract experts in science and engineering.—Section 4092 of title 10, United States Code, is amended—

(1) in subsection (a)(6)—

(A) by striking “Director of the Joint Artificial Intelligence Center” and inserting “official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.)”;

(B) by striking “for the Center” and inserting “to support the activities of such official under section 238 of such Act”; and

(C) in the paragraph heading, by striking “Center”;

(2) in subsection (b)(1)(F)—

(A) by striking “Joint Artificial Intelligence Center” and inserting “official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.)”;

(B) by striking “in the Center” and inserting “in support of the activities of such official under section 238 of such Act”;

(3) in subsection (c)(2), by striking “Joint Artificial Intelligence Center” and inserting “the activities under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.)”.

(b) Joint artificial intelligence research, development, and transition activities.—Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) is amended—

(1) by amending subsection (c) to read as follows:

“(c) Organization and roles.—

“(1) IN GENERAL.—In addition to designating an official under subsection (b), the Secretary of Defense shall assign to appropriate officials within the Department of Defense roles and responsibilities relating to the research, development, prototyping, testing, procurement of, requirements for, and operational use of artificial intelligence technologies.

“(2) APPROPRIATE OFFICIALS.—The officials assigned roles and responsibilities under paragraph (1) shall include—

“(A) the Under Secretary of Defense for Research and Engineering;

“(B) the Under Secretary of Defense for Acquisition and Sustainment;

“(C) one or more officials in each military department;

“(D) officials of appropriate Defense Agencies; and

“(E) such other officials as the Secretary of Defense determines appropriate.”;

(2) in subsection (e), by striking “Director of the Joint Artificial Intelligence Center” and inserting “official designated under subsection (b)”; and

(3) by striking subsection (h).

(c) Biannual report on activities of the Chief Digital and Artificial Intelligence Office.—

(1) IN GENERAL.—Section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—

(A) in the section heading, by striking “Joint Artificial Intelligence Center” and inserting “activities of the Chief Digital and Artificial Intelligence Office”;

(B) in subsection (a)—

(i) by striking “2023” and inserting “2025”; and

(ii) by striking “Joint Artificial Intelligence Center (referred to in this section as the ‘Center’)” and inserting “Chief Digital and Artificial Intelligence Office (referred to in this section as the ‘Office’)”;

(C) in subsection (b)—

(i) in paragraph (1), by striking “Center” and inserting “Office”;

(ii) in paragraph (2), by striking “National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center” and inserting “initiatives of the Office”;

(iii) in paragraphs (3) through (6), by striking “Center” each place it appears and inserting “Office”;

(iv) in paragraph (7), by striking “Center and the Center's investments in the National Mission Initiatives and Component Mission Initiatives” and inserting “Office and the Office's investments”;

(v) in paragraph (8), by striking “Chief Information Officer” and inserting “Chief Digital Artificial Intelligence Officer”; and

(vi) in paragraph (10), by striking “Center” and inserting “Officer”; and

(D) by striking subsection (c).

(2) CLERICAL AMENDMENT.—The table of contents in section 2(b) of such Act is amended by striking the item relating to section 260 and inserting the following new item:

“Sec. 260. Biannual report on the activities of the Chief Digital and Artificial Intelligence Office.”.

(d) Chief data officer responsibility for Department of Defense data sets.—Section 903(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223 note) is amended—

(1) by striking paragraph (3); and

(2) by redesignating paragraph (4) as paragraph (3).

(e) Board of advisors for the office of the Chief Digital and Artificial Intelligence Office.—

(1) IN GENERAL.—Section 233 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—

(A) in the section heading, by striking “Joint Artificial Intelligence Center” and inserting “Chief Digital and Artificial Intelligence Office”;

(B) in subsection (a), by striking “Joint Artificial Intelligence Center” and inserting “Chief Digital and Artificial Intelligence Office”;

(C) in subsection (b), by striking “Director” each place in appears and inserting “Chief Digital and Artificial Intelligence Officer”;

(D) in subsection (f), by striking “September 30, 2024” and inserting “September 30, 2026”; and

(E) in subsection (g)—

(i) by striking paragraphs (2) and (3); and

(ii) by redesignating paragraph (4) as paragraph (2).

(2) CLERICAL AMENDMENT.—The table of contents in section 2(b) of such Act is amended by striking the item relating to section 233 and inserting the following new item:

“Sec. 233. Board of advisors for the Chief Digital and Artificial Intelligence Office.”.

(f) Application of artificial intelligence to the Defense reform pillar in the National Defense Strategy.—Section 234(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note) is amended by striking “Director of the Joint Artificial Intelligence Center” and inserting “official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.)”.

(g) Pilot program on the use of electronic portfolios to evaluate certain applicants for technical positions.—Section 247(c) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1580 note prec.) is amended—

(1) by striking paragraphs (1) and (2);

(2) by inserting before paragraph (3) the following new paragraph (1):

“(3) the Chief Digital and Artificial Intelligence Office;”; and

(3) by redesignating paragraphs (3) and (4) and paragraphs (2) and (3), respectively.

(h) References to Joint Artificial Intelligence Center in law.—Any reference in any law, regulation, guidance, instruction, or other document of the Federal Government to the Director of the Joint Artificial Intelligence Center of the Department of Defense or to the Joint Artificial Intelligence Center shall be deemed to refer to the official designated under section 238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) or the office of such official, as the case may be.

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.

Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(j) Aggregate energy conservation measures and funding.— (1) To the maximum extent practicable, the Secretary concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and shall consider aggregate energy conservation measures, including energy conservation measures with quick payback, with energy resilience enhancement projects and other projects that may have a longer payback period.

“(2) In considering aggregate energy conservation measures under paragraph (1), the Secretary concerned shall incorporate all funding available to such Secretary for such measures, including—

“(A) appropriated funds, such as—

“(i) funds appropriated for the Energy Resilience and Conservation Investment Program of the Department; and

“(ii) funds appropriated for the Facilities Sustainment, Restoration, and Modernization program of the Department; and

“(B) funding available under performance contracts, such as energy savings performance contracts and utility energy service contracts.”.

(a) Establishment.—The Secretary of Defense shall establish a joint working group (in this section referred to as the “working group”) to determine joint requirements for future operational energy needs of the Department of Defense.

(b) Executive agent.—The Secretary of the Air Force shall serve as the executive agent of the working group.

(c) Requirements specified.—

(1) IN GENERAL.—In determining joint requirements under subsection (a), the working group shall address the operational energy needs of each military department and combatant command to meet energy needs in all domains of warfare, including land, air, sea, space, cyberspace, subsea, and subterranean environments.

(2) PRIORITY FOR CERTAIN SYSTEMS.—Priority for joint requirements under subsection (a) shall be given to independent operational energy systems that—

(A) are capable of operating in austere and isolated environments with quick deployment capabilities; and

(B) may reduce conventional air pollution and greenhouse gas emissions comparable to currently used systems.

(d) Existing or new programs.—The working group shall address the feasibility of meeting joint requirements determined under subsection (a) through the existing energy programs of the Department and make recommendations for new programs to meet such requirements.

(e) Focus areas.—In carrying out the requirements under this section, the working group shall focus its efforts on operational energy, to include—

(1) micro-reactors and small modular reactors;

(2) hydrogen-based fuel systems, including hydrogen fuel cells and hydrogen-based combustion engines;

(3) battery storage;

(4) renewable energy sources;

(5) retrofits to existing platforms that will increase efficiencies; and

(6) other technologies and resources that meet joint requirements determined under subsection (a).

(f) Recommended plan of action.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees an unclassified and classified report and provide to the congressional defense committees a classified briefing outlining recommendations for programs to meet joint requirements for future operational energy needs of the Department of Defense by 2025, 2030, and 2040.

(2) FOCUS ON READINESS AND FLEXIBILITY.—In submitting the report and providing the briefing required by paragraph (1), the Secretary shall—

(A) address each element of the report or briefing, as the case may be, in the context of maintaining or increasing—

(i) the readiness levels of the Armed Forces; and

(ii) the flexibility of operational elements within the Department; and

(B) disregard energy sources that do not increase such readiness and flexibility, with an explanation for the reason such sources were disregarded.

(g) Definitions.—In this section:

(1) ADVANCED NUCLEAR REACTOR.—The term “advanced nuclear reactor” has the meaning given that term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).

(2) MICRO-REACTOR.—The term “micro-reactor” means an advanced nuclear reactor that has an electric power production capacity that is not greater than 50 megawatts that can be transported via land, air, or sea transport and can be redeployed.

(3) SMALL MODULAR REACTOR.—The term “small modular reactor” means an advanced nuclear reactor—

(A) with a rated capacity of less than 300 electrical megawatts; or

(B) that can be constructed and operated in combination with similar reactors at a single site.

Section 2911(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

“(14) The reliability and security of energy resources in the event of a military conflict.

“(15) The value of resourcing energy from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States.”.

(a) In general.—Chapter 159 of title 10, United States Code, is amended by inserting after section 2694c the following new section:

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2694c following new item:

“2694d. Participation in pollutant banks and water quality trading.”.

(a) Definition of State-owned National Guard facility.—Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(4) The term ‘State-owned National Guard facility’ means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.”.

(b) Authority for Defense Environmental Restoration Program.—Section 2701(a)(1) of such title is amended, in the first sentence, by inserting “and at State-owned National Guard facilities” before the period.

(c) Responsibility for response actions.—Section 2701(c)(1) of such title is amended by adding at the end the following new subparagraph:

“(D) Each State-owned National Guard facility being used for training the National Guard pursuant to chapter 5 of title 32 with funds provided by the Secretary of Defense or the Secretary of a military department at the time of actions leading to contamination by hazardous substances or pollutants or contaminants.”.

(a) In general.—The Secretary of Defense may close the Red Hill bulk fuel storage facility of the Department of Defense in Hawaii (in this section referred to as the “Facility”).

(b) Plan for closure and post-closure care.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan for—

(A) closure of the Facility;

(B) cleanup of the Facility;

(C) monitoring of the Facility following such closure;

(D) maintenance of the Facility following such closure;

(E) optimal post-closure care for the Facility, specifically addressing—

(i) monitoring and maintenance of liners;

(ii) final covers;

(iii) leachate collection and removal systems;

(iv) leak detection system; and

(v) gas collection systems to protect against releases of hazardous elements;

(F) environmental remediation of groundwater at the Facility, to include a description of environmental remediation plans, including necessary resources for the Secretary of the Navy to conduct remediation actions at the Facility in the following year;

(G) coordination and communication with applicable Federal and State regulatory authorities, the local water utility authority, applicable State environmental agencies, and surrounding communities on remediation activities conducted by the Navy at the Facility;

(H) improvements to processes, procedures, organization, training, leadership, education, facilities, and policy of the Department of Defense related to best practices for the remediation and closure of the Facility; and

(I) measures to ensure that future strategic level assets of the Department of Defense are properly maintained and critical environmental assets are protected.

(2) PREPARATION OF PLAN.—The Secretary shall prepare the plan required under paragraph (1) in consultation with—

(A) the Administrator of the Environmental Protection Agency;

(B) the head of the Hawaii Department of Health;

(C) the Director of the United States Geological Survey; and

(D) the heads of such other relevant Federal and State agencies as the Secretary considers appropriate.

(c) Identification of point of contact at Department of Defense.—Not later than 60 days after the date of the enactment of this Act, to ensure clear and consistent communication related to the defueling, cleanup, closure, and remediation of the Facility, the Secretary of Defense shall identify a single point of contact within the Office of the Secretary of Defense to oversee and communicate with the public and members of Congress regarding the status of the Facility at each phase of defueling, cleanup, closure, and remediation.

(d) Water monitoring program.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a water monitoring program—

(1) to monitor movement of the fuel plume in the aquifer surrounding the Facility;

(2) to monitor long-term impacts to such aquifer and local water bodies resulting from water contamination from the Facility; and

(3) to coordinate with the Agency for Toxic Substances and Disease Registry of the Department of Health and Human Services as the Agency conducts a follow up to the previously conducted voluntary survey of individuals and entities impacted by water contamination from the Facility.

(a) Gas insulated switchgear.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall modify the Unified Facilities Guide Specifications to include a distinct specification for medium voltage gas insulated switchgear.

(b) Microgrids.—Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall—

(1) modify the Unified Facilities Criteria to include criteria for microgrids; and

(2) modify the Unified Facilities Guide Specifications to include specifications for microgrids and microgrid controllers.

(a) In general.—Subject to the availability of appropriations for such purpose, the Secretary of the Navy shall pay the reasonable costs to transfer all customers off of the electrical utility system of the Navy located at former Naval Air Station Barber’s Point, Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated by Hawaii Electric.

(b) Cooperative agreement or other instruction.—The Secretary of the Navy may enter into a cooperative agreement or other appropriate instrument with a third party—

(1) to make amounts available to pay the reasonable costs of transfers described in subsection (a); and

(2) to reimburse the third party for the reasonable costs that it may incur to carry out paragraph (1).

(c) Facilitation of transfer.—To facilitate the transfer of customers described in subsection (a), the Secretary of the Navy shall provide the following to the State of Hawaii:

(1) A load analysis and design necessary to complete such transfer.

(2) Such rights of way and easements as may be necessary to support the construction of replacement electrical infrastructure.

(d) Disposal of Navy electrical system.—Subject to the availability of appropriations for such purpose, after all customers have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the Navy located at former Naval Air Station Barber’s Point, Hawaii.

(a) Pilot program required.—

(1) IN GENERAL.—The Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense.

(2) DESIGN OF PROGRAM.—The pilot program shall be designed to—

(A) identify any logistical challenges with respect to the use of sustainable aviation fuel by the Department;

(B) promote understanding of the technical and performance characteristics of sustainable aviation fuel when used in a military setting; and

(C) engage nearby commercial airports to explore opportunities and challenges to partner on increased use of sustainable aviation fuel.

(b) Selection of facilities.—

(1) SELECTION.—

(A) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall select not fewer than two geographically diverse facilities of the Department at which to carry out the pilot program.

(B) ONSITE REFINERY.—Not fewer than one facility selected under subparagraph (A) shall be a facility with an onsite refinery that is located in proximity to not fewer than one major commercial airport that is also actively seeking to increase the use of sustainable aviation fuel.

(2) NOTICE TO CONGRESS.—Upon the selection of each facility under paragraph (1), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives notice of the selection, including an identification of the facility selected.

(c) Use of sustainable aviation fuel.—

(1) PLANS.—For each facility selected under subsection (b), not later than one year after the selection of the facility, the Secretary shall—

(A) develop a plan on how to implement, by September 30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel;

(B) submit the plan developed under subparagraph (A) to the Committees on Armed Services of the Senate and the House of Representatives; and

(C) provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on such plan that includes, at a minimum—

(i) a description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel; and

(ii) a description of any stakeholder engagement in the development of the plan, including any consultations with nearby commercial airport owners or operators.

(2) IMPLEMENTATION OF PLANS.—For each facility selected under subsection (b), during the period beginning on a date that is not later than September 30, 2028, and for five years thereafter, the Secretary shall require, in accordance with the respective plan developed under paragraph (1), the exclusive use at the facility of aviation fuel that is blended to contain not less than 10 percent sustainable aviation fuel.

(d) Criteria for sustainable aviation fuel.—Sustainable aviation fuel used under the pilot program shall meet the following criteria:

(1) Such fuel shall be produced in the United States from domestic feedstock sources.

(2) Such fuel shall constitute drop-in fuel that meets all specifications and performance requirements of the Department of Defense and the Armed Forces.

(e) Waiver.—The Secretary may waive the use of sustainable aviation fuel at a facility under the pilot program if the Secretary—

(1) determines such use is not feasible due to a lack of domestic availability of sustainable aviation fuel or a national security contingency; and

(2) submits to the congressional defense committees notice of such waiver and the reasons for such waiver.

(f) Final report.—

(1) IN GENERAL.—At the conclusion of the pilot program, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the pilot program.

(2) ELEMENTS.—The report required by paragraph (1) shall include each of the following:

(A) An assessment of the effect of using sustainable aviation fuel on the overall fuel costs of blended fuel.

(B) A description of any operational, infrastructure, or logistical requirements and recommendations for the blending and use of sustainable aviation fuel, with a focus on scaling up adoption of such fuel throughout the Armed Forces.

(C) Recommendations with respect to how military installations can leverage proximity to commercial airports and other jet fuel consumers to increase the rate of use of sustainable aviation fuel, for both military and non-military use, including potential collaboration on innovative financing or purchasing and shared supply chain infrastructure.

(D) A description of the effects on performance and operation of aircraft using sustainable aviation fuel, including—

(i) if used, considerations of various blending ratios and their associated benefits;

(ii) efficiency and distance improvements of flights using sustainable aviation fuel;

(iii) weight savings on large transportation aircraft and other types of aircraft with using blended fuel with higher concentrations of sustainable aviation fuel;

(iv) maintenance benefits of using sustainable aviation fuel, including engine longevity;

(v) the effect of the use of sustainable aviation fuel on emissions and air quality;

(vi) the effect of the use of sustainable aviation fuel on the environment and on surrounding communities, including environmental justice factors that are created by the demand for and use of sustainable aviation fuel by the Department of Defense; and

(vii) benefits with respect to job creation in the sustainable aviation fuel production and supply chain.

(g) Sustainable aviation fuel defined.—In this section, the term “sustainable aviation fuel” means liquid fuel that—

(1) consists of synthesized hydrocarbon;

(2) meets the requirements of ASTM International Standard D7566 (or successor standard);

(3) is derived from biomass (as such term is defined in section 45K(c)(3) of the Internal Revenue Code of 1986), waste streams, renewable energy sources, or gaseous carbon oxides; and

(4) is not derived from palm fatty acid distillates.

(a) Environmental report.—Section 2711 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Report required.—Not later than March 31 of each year, the Secretary of Defense shall submit to Congress a report on progress made by environmental programs of the Department of Defense during the preceding fiscal year.

“(b) Elements.—Each report under subsection (a) shall include, for the year covered by the report, the following:

“(1) With respect to environmental restoration activities of the Department of Defense, and for each of the military departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—

“(A) the total number of sites at which such program was carried out;

“(B) the progress of remediation for sites that have not yet completed cleanup;

“(C) the remaining cost to complete cleanup of known sites; and

“(D) an assessment by the Secretary of Defense of the overall progress of such program.

“(2) An assessment by the Secretary of achievements for environmental conservation and planning by the Department.

“(3) An assessment by the Secretary of achievements for environmental compliance by the Department.

“(4) An assessment by the Secretary of achievements for climate resiliency by the Department.

“(5) An assessment by the Secretary of the progress made by the Department in achieving the objectives and goals of the Environmental Technology Program of the Department.

“(c) Consolidation.—The Secretary of Defense may consolidate or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing, environmental restoration, compliance, and resilience.”.

(b) Energy report.—

(1) IN GENERAL.—Section 2925 of such title is amended—

(A) by amending the section heading to read as follows: “Annual report on energy performance, resilience, and readiness of Department of Defense”; and

(B) by striking subsections (a) and (b) and inserting the following new subsections:

“(a) Report required.—Not later than 240 days after the end of each fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements under sections 2688, 2911, 2912, 2920, and 2926 of this title, including progress on energy resilience at military installations and the use of operational energy in combat platforms and at contingency locations.

“(b) Elements.—Each report under subsection (a) shall include the following:

“(1) For the year covered by the report, the following:

“(A) A description of the progress made to achieve the goals of the Energy Policy Act of 2005 (Public Law 109–58), section 2911(g) of this title, and the Energy Independence and Security Act of 2007 (Public Law 110–140).

“(B) A description of the energy savings, return on investment, and enhancements to installation mission assurance realized by the fulfillment of the goals described in paragraph (1).

“(C) A description of and progress towards the energy security, resilience, and performance goals and master planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section 2911 of this title and requirements under section 2688(g) of this title.

“(D) An evaluation of progress made by the Department in implementing the operational energy strategy of the Department, including the progress of key initiatives and technology investments related to operational energy demand and management.

“(E) Details of the amounts of any funds transferred by the Secretary of Defense pursuant to section 2912 of this title, including a detailed description of the purpose for which such amounts have been used.

“(2) Statistical information on operational energy demands of the Department, in terms of expenditures and consumption, for the preceding five fiscal years, including information on funding made available in regular defense appropriations Acts and any supplemental appropriation Acts.

“(3) A description of each initiative related to the operational energy strategy of the Department and a summary of funds appropriated for each initiative in the previous fiscal year and current fiscal year and requested for each initiative for the next five fiscal years.

“(4) Such recommendations as the Secretary considers appropriate for additional changes in organization or authority within the Department to enable further implementation of the energy strategy and such other comments and recommendations as the Secretary considers appropriate.

“(c) Classified form.—If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report.

“(d) Consolidation.—The Secretary of Defense may consolidate or attach with or otherwise include in any report required under subsection (a) any annual report or other requirement that is aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by striking the item relating to section 2925 and inserting the following new item:

“2925. Annual report on energy performance, resilience, and readiness of Department of Defense.”.

(c) Treatment of termination of reporting requirements.—

(1) IN GENERAL.—Section 1061(c) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54).

(2) RULE OF CONSTRUCTION.—The reports required by sections 2711 and 2925 of title 10, United States Code, as amended by this section, shall not be considered to be covered reports for purposes of section 1080 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 111 note).

(a) In general.—Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the feasibility and advisability of terminating energy procurement by the Department of Defense from foreign entities of concern.

(b) Elements.—The report required under subsection (a) shall include the following:

(1) An assessment of the reliance by the Department of Defense on foreign entities of concern for the procurement of energy.

(2) An identification of the number of energy contracts in force between the Director of the Defense Logistics Agency and a foreign entity of concern or an entity headquartered in a country that is a foreign entity of concern.

(3) Such proposals as the Assistant Secretary of Defense for Energy, Installations, and Environment may have for divestment of resourcing of energy for the Department of Defense from entities described in subparagraph (B) and reconfiguring such resourcing instead from allies of the United States in the North Atlantic Treaty Organization and other major allies of the United States.

(c) Foreign entity of concern defined.—In this section, the term “foreign entity of concern” has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651).

Section 316(a)(2)(B) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3533), and section 342 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643), is further amended—

(1) in clause (ii), by striking “2023” and inserting “2022”; and

(2) by adding at the end the following new clause:

“(iii) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $20,000,000 in fiscal year 2023 to the Secretary of Health and Human Services to pay for the study and assessment required by this section.”.

Section 345(a)(2) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note) is amended by inserting “personally identifiable information in connection with” after “publicly disclose”.

(a) Publication of information.—

(1) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, Secretary of Defense shall publish on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 note) timely and regularly updated information on the research efforts of the Department of Defense relating to perfluoroalkyl or polyfluoroalkyl substances, which shall include the following:

(A) A description of any research collaborations and data sharing by the Department with the Department of Veterans Affairs, the Agency for Toxic Substances and Disease Registry, or any other agency (as defined in section 551 title 5, United States Code), States, academic institutions, nongovernmental organizations, or any other entity.

(B) Regularly updated information on research projects supported or conducted by the Department of Defense pertaining to the development, testing, and evaluation of a fluorine-free firefighting foam or any other alternative to aqueous film forming foam that contains perfluoroalkyl or polyfluoroalkyl substances, excluding any proprietary information that is business confidential.

(C) Regularly updated information on research projects supported or conducted by the Department pertaining to the health effects of perfluoroalkyl or polyfluoroalkyl substances, including information relating to the impact of such substances on firefighters, veterans, and military families and excluding any personally identifiable information.

(D) Regularly updated information on research projects supported or conducted by the Department pertaining to treatment options for drinking water, surface water, ground water, and the safe disposal of perfluoroalkyl or polyfluoroalkyl substances.

(E) Budget information, including specific spending information for the research projects relating to perfluoroalkyl or polyfluoroalkyl substances that are supported or conducted by the Department.

(F) Such other matters as may be relevant to ongoing research projects supported or conducted by the Department to address the use of perfluoroalkyl or polyfluoroalkyl substances and the health effects of the use of such substances.

(2) FORMAT.—The information published under paragraph (1) shall be made available in a downloadable, machine-readable, open, and a user-friendly format.

(3) DEFINITIONS.—In this subsection:

(A) MILITARY INSTALLATION.—The term “military installation” includes active, inactive, and former military installations.

(B) PERFLUOROALKYL SUBSTANCE.—The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(C) POLYFLUOROALKYL SUBSTANCE.—The term “polyfluoroalkyl substance” means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(b) Inclusion of research duties in Perfluoroalkyl Substances and Polyfluoroalkyl Substances Task Force.—Section 2714(e) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

“(5) Supporting research efforts relating to perfluoroalkyl substances or polyfluoroalkyl substances.

“(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.”.

(a) In general.—Not later than March 1, 2023, the Secretary of the Navy shall—

(1) develop metrics for assessing progress of the Secretary toward improved shipyard capacity and performance in carrying out the Shipyard Infrastructure Optimization Plan of the Navy, including by measuring the effectiveness of capital investments;

(2) ensure that the shipyard optimization program office of the Navy—

(A) includes all costs, such as inflation, program office activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and

(B) uses cost estimating best practices in developing a detailed cost estimate, including—

(i) a program baseline;

(ii) a work breakdown structure;

(iii) a description of the methodology and key assumptions;

(iv) a consideration of inflation;

(v) a full assessment of risk and uncertainty; and

(vi) a sensitivity analysis; and

(3) obtain an independent cost estimate for the shipyard optimization program before starting the prioritization of projects under such program.

(b) Briefing.—If the Secretary of the Navy is unable to implement the requirements under subsection (a) by March 1, 2023, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives before such date on—

(1) the current progress of the Secretary towards implementing those requirements;

(2) any hindrance to implementing those requirements; and

(3) any additional resources necessary to implement those requirements.

(a) In general.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with a nonprofit entity or a federally funded research and development center to conduct research and analysis regarding the capacity and capability of private shipyards in the United States to repair, maintain, and modernize surface combatants and support ships of the Navy to ensure fleet readiness.

(b) Elements.—The research and analysis conducted under subsection (a) shall include the following:

(1) An assessment of the maintenance needs of the Navy during the five-year period preceding the date of the enactment of this Act, including frequency of unplanned maintenance and average time it takes to repair ships.

(2) An assessment of the projected maintenance needs of the Navy during the 10-year period following such date of enactment.

(3) An assessment of whether current private shipyards in the United States have the capacity to meet current and anticipated needs of the Navy to maintain and repair ships, include whether there are adequate ship repair facilities and a sufficient trained workforce.

(4) An identification of barriers limiting success of intermediate-level and depot-level maintenance availabilities, including constraints of adding private depot capacity and capability.

(5) Recommendations based on the findings of paragraphs (1) through (4) regarding actions the Secretary of the Navy can take to ensure there is an industrial base of private ship repair facilities to meet the needs of the Navy and ensure fleet readiness, including whether the Secretary should institute a new force generation model, establish additional homeport facilities, or establish new hub-type maintenance facilities.

(c) Input from private shipyards.—In conducting research and analysis under subsection (a), the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall consult with private shipyards regarding—

(1) the fleet maintenance needs of surface combatant and support ships of the Navy;

(2) private shipyard capacity, including workforce; and

(3) additional investment in private shipyards necessary to meet the needs of the Navy.

(d) Report.—

(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the nonprofit entity or federally funded research and development center with whom the Secretary of the Navy entered into an agreement under subsection (a) shall submit to the Secretary a report on the results of the research and analysis undertaken under such subsection.

(2) TRANSMITTAL TO CONGRESS.—Not later than 30 days after the Secretary receives the report under paragraph (1), the Secretary shall transmit to the congressional defense committees a copy of the report.

Not more than 50 percent of the amount authorized to be appropriated for the Joint Military Information Support Operations Web Operations Center for Operation and Maintenance, Defense-Wide, may be obligated and expended until the Secretary of Defense submits to the congressional defense committees a plan for—

(1) appropriately scoping and tailoring messaging activities to foreign target audiences;

(2) ensuring messages serve a valid military purpose;

(3) effectively managing risk associated with web-based military information support operations;

(4) maintaining alignment with policies and procedures of the Department of Defense;

(5) adequately overseeing and approving the work of contractors;

(6) ensuring alignment with policy guidance and procedures of the Department; and

(7) coordinating activities with the Global Engagement Center of the Department of State and other relevant non-Department of Defense entities.

(a) In general.—Not later than 30 days before making a change to increase the level of retention rates for a Navy ship repair contract, the Secretary of the Navy shall notify the congressional defense committees.

(b) Matters To be included.—A notification under subsection (a) with respect to a change to increase the level of retention rates for a Navy ship repair contract shall include the following information:

(1) An identification of any considerations that informed the decision to increase such rates.

(2) The desired effect the change will have on the Navy ship repair industrial base.

Section 2208(l)(3) of title 10, United States Code, is amended—

(1) by striking “The total” and inserting “(A) Except as provided in subparagraph (B), the total”; and

(2) by adding at the end the following new subparagraph:

“(B) The dollar limitation under subparagraph (A) shall not apply with respect to advance billing for relief efforts following a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).”.

Subsection (c) of section 322 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2252) is repealed.

Section 482(b) of title 10, United States Code, is amended—

(1) by redesignating paragraph (11) as paragraph (12); and

(2) by inserting after paragraph (10) the following new paragraph:

“(11) A summary of the joint medical estimate under section 732(b)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) prepared by the Joint Staff Surgeon with a mitigation plan to correct any readiness problem or deficiency and the timeline, cost, and any legislative action required to correct any such problem or deficiency.”.

(a) Implementation by Secretary of the Army of certain recommendations relating to animal facility sanitation.—Not later than March 1, 2023, the Secretary of the Army shall implement the recommendations contained in the memorandum of the Department of the Army dated February 25, 2022, the subject of which is “Animal Facility Sanitation Inspection Findings for the Fort Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson Pasture Facility” (MHCB–RN).

(b) Master plan for the housing and care of all horses within the care of the Old Guard.—

(1) IN GENERAL.—Not later than March 1, 2023, the Secretary of the Army shall submit to Congress a master plan for the housing and care of all horses within the care of the 3rd United States Infantry (commonly known as the “Old Guard”).

(2) ELEMENTS.—The plan required by paragraph (1) shall—

(A) describe all modifications planned or underway at the Fort Myer Caisson Barns/Paddocks, the Fort Belvoir Caisson Pasture Facility, and any other facility or location under consideration for stabling of the horses described in paragraph (1);

(B) identify adequate space at Fort Myer, Virginia, to properly care for the horses described in paragraph (1);

(C) prioritize the allotment of the space identified under subparagraph (B) over other functions of Fort Myer that could be placed elsewhere;

(D) include projected timelines and resource requirements to execute the plan; and

(E) describe—

(i) immediate remedies for the unsanitary and unsafe conditions present at the locations described in subparagraph (A); and

(ii) how long-term quality of life improvements will be provided for the horses described in paragraph (1).

Section 2391(e)(4)(A)(i) of title 10, United States Code, is amended by inserting before the semicolon the following: “or on land under the jurisdiction of a Secretary of a military department subject to a long-term real estate agreement, such as a lease or an easement”.

(a) Prohibition on procurement and purchasing.—Beginning on October 1, 2026, the Secretary of Defense may not enter into a contract to procure or purchase covered personal protective firefighting equipment for use by Federal or civilian firefighters if such equipment contains an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.

(b) Implementation.—

(1) INCLUSION IN CONTRACTS.—The Secretary of Defense shall include the prohibition under subsection (a) in any contract entered into by the Department of Defense to procure covered personal protective firefighting equipment for use by Federal or civilian firefighters.

(2) NO OBLIGATION TO TEST.—In carrying out the prohibition under subsection (a), the Secretary shall not have an obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances.

(c) Existing inventory.—Nothing in this section shall impact existing inventories of covered personal protective firefighting equipment.

(d) Availability of alternatives.—

(1) IN GENERAL.—The requirement under subsection (a) shall be subject to the availability of sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances.

(2) EXTENSION OF EFFECTIVE DATE.—If the Secretary of Defense determines that no sufficiently protective covered personal protective firefighting equipment that does not contain intentionally added perfluoroalkyl substances or polyfluoroalkyl substances is available, the deadline under subsection (a) shall be extended until the Secretary determines that such covered personal protective firefighting equipment is available.

(e) Definitions.—In this section:

(1) COVERED PERSONAL PROTECTIVE FIREFIGHTING EQUIPMENT.—The term “covered personal protective firefighting equipment” means—

(A) any product that provides protection to the upper and lower torso, arms, legs, head, hands, and feet; or

(B) any other personal protective firefighting equipment, as determined by the Secretary of Defense.

(2) PERFLUOROALKYL SUBSTANCE.—The term “perfluoroalkyl substance” means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(3) POLYFLUOROALKYL SUBSTANCE.—The term “polyfluoroalkyl substance” means a man-made chemical containing at least one fully fluorinated carbon atom and at least one non-fully fluorinated carbon atom.

The Secretary of the Navy shall continue, through fiscal year 2023—

(1) to perform the responsibilities of the Department of Defense executive agent for the Naval Small Craft Instruction and Technical Training School pursuant to section 352(b) of title 10, United States Code; and

(2) to provide such support, as necessary, for the continued operation of such school.

(a) Prohibition.—Except as provided in subsection (b), the Secretary of the Navy may not obligate or expend funds to discontinue or prepare to discontinue, including through substantive reduction in training and operational employment, the Marine Mammal System program that has been or is currently being used for—

(1) port security at installations of the Navy, commonly known as Mark–6 systems; or

(2) mine search capabilities, commonly known as Mark–7 systems.

(b) Waiver.—The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence of the Director of Operational Test and Evaluation of the Department of Defense, certifies to the congressional defense committees in writing that the Secretary has—

(1) identified a replacement capability and the necessary quantity of systems to carry out such capability to meet all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such capability and quantity;

(2) achieved initial operational capability of all systems described in paragraph (1) with a detailed explanation of such achievement; and

(3) deployed a sufficient quantity of systems described in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements currently being met by the Marine Mammal System program with a detailed explanation of such deployment.

(a) In general.—Until the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and House of Representatives the report described in subsection (b), the Secretary may not enter into an indefinite delivery indefinite quantity contract to procure and replace the existing non-tactical vehicle fleet of the Department of Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles.

(b) Elements.—The report described in this subsection shall include the following:

(1) A complete cost estimate for the acquisition by the Department of Defense, or through contract mechanisms used by the Department, such as energy savings performance contracts, of electric non-tactical vehicles to replace the existing non-tactical vehicle fleet of the Department, which shall include—

(A) the cost per unit and number of units to be procured of each type of electric non-tactical vehicle (trucks, buses, vans, etc.);

(B) the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements;

(C) a per-unit lifecycle cost comparison between electric vehicles and combustion engine vehicles of each type (electric truck versus conventional truck, etc.);

(D) maintenance requirements of electric vehicles compared to combustion engine vehicles; and

(E) for each military department, a cost comparison over periods of three, five, 10, and 15 years of pursuing an electric non-tactical vehicle fleet versus continuing with combustion engine non-tactical vehicles.

(2) An assessment of the current and projected sourcing shortfalls for lithium, cobalt, and nickel from Taiwan, India, member countries of the North Atlantic Treaty Organization, and major allies of the North Atlantic Treaty Organization.

(3) An assessment of the current and projected supply chain shortfalls for electric vehicles, set forth by industry.

(4) An assessment of the cost associated with building the required infrastructure to support electric non-tactical vehicles, including charging stations and electric grid requirements.

(5) An assessment of the security risks associated with data collection conducted with respect to electric vehicles and related computer systems.

(6) An assessment of the current range requirements for electric vehicle compared to combustion engine vehicles and the average life of vehicles of the Department necessary to maintain current readiness requirements of the Department.

(7) An assessment of maintenance requirements of electric vehicles compared to combustion engine vehicles.

(8) A cost-benefit analysis of the cost, time, and manpower associated with maintenance of electric non-tactical vehicles compared to combustion engine non-tactical vehicles.

(9) An assessment of the effect transitioning to electric non-tactical vehicles would have on the National Defense Stockpile administered by the Defense Logistics Agency and current and future requirements relating to such stockpile.

(10) An identification of components for electric non-tactical vehicles that are currently being sourced from the People’s Republic of China.

(11) An assessment of the long-term cost and benefit to the Department of being an early adopter of hydrogen-powered vehicles and advanced-biofuel-powered vehicles.

(12) An assessment of the long-term availability to the Department of internal combustion engines and spare parts for such engines, including whether or not they will be manufactured in the United States or repairable with parts made in the United States and labor in the United States.

(13) A comparison of the relative risk to personnel of the Department, budgetary impacts, and impacts on the supply chain between different fuel types to determine the tradeoffs associated with the adoption and use of any particular fuel type.

(c) Additional prohibition.—No funds may be obligated or expended for the Department of Defense for the procurement of non-tactical electric vehicles, advanced-biofuel-powered vehicles, hydrogen-powered vehicles, or any components or spare parts associated with such vehicles that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code (or any successor regulations), on the Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor.

(d) Definitions.—In this section:

(1) ADVANCED-BIOFUEL-POWERED VEHICLE.—The term “advanced-biofuel-powered vehicle” includes a vehicle that uses a fuel described in section 9001(3)(A) of the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 8101(3)(A)).

(2) CHARGING STATION.—The term “charging station” means a parking space with electric vehicle supply equipment that supplies electric energy for the recharging of electric vehicles with at least a level 2 charger.

(3) ELECTRIC GRID REQUIREMENTS.—The term “electric grid requirements” means the power grid and infrastructure requirements needed to support plug-in electric vehicles and vehicle-to-grid requirements.

(4) HYDROGEN-POWERED VEHICLE.—The term “hydrogen-powered vehicle” means a vehicle that uses hydrogen as the main source of motive power, either through a fuel cell or internal combustion.

(5) NON-TACTICAL VEHICLE.—The term “non-tactical vehicle” means any commercial motor vehicle, trailer, material handling equipment, or engineering equipment that carries passengers or cargo acquired for the administrative, direct mission, or operational support of military functions.

The Secretary of Defense may not permit the charging of personal electric vehicles through the use of charging stations provided by the Department of Defense unless the charging infrastructure for such stations allows for the receipt of payment for such charging.

(a) In general.—Not later than October 1, 2023, the Secretary of the Army and the Secretary of the Navy shall each initiate a pilot program to evaluate the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles in the Army and the Marine Corps, respectively.

(b) Duration.—Each pilot program initiated under subsection (a) shall be carried out for a period of not less than two years.

(c) Requirements.—In carrying out a pilot program under this section, the Secretary of the Army and the Secretary of the Navy shall—

(1) carry out the pilot program at not fewer than one military installation in the United States selected by the Secretary concerned that contains the necessary forces, equipment, and maneuver training ranges to collect data on drivers and military tactical vehicles during training and routine operation;

(2) install data recorders on a sufficient number of each type of military tactical vehicle specified in subsection (d) to gain statistically significant results;

(3) select a data recorder capable of collecting and exporting telemetry data, event data, and driver identification data during operation and accidents;

(4) establish and maintain a data repository for operation and event data captured by the data recorder; and

(5) establish processes to leverage operation and event data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation, and identify vehicle-type specific operating conditions that increase the risk of accidents or mishaps.

(d) Military tactical vehicles specified.—Military tactical vehicles specified in this subsection are the following:

(1) High Mobility Multipurpose Wheeled Vehicles.

(2) Family of Medium Tactical Vehicles.

(3) Medium Tactical Vehicle Replacements.

(4) Heavy Expanded Mobility Tactical Trucks.

(5) Light Armored Vehicles.

(6) Stryker armored combat vehicles.

(7) Such other military tactical vehicles as the Secretary of the Army or the Secretary of the Navy considers appropriate.

(e) Implementation plan.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army and the Secretary of the Navy shall each—

(1) develop plans for implementing the pilot programs under this section; and

(2) provide to the congressional defense committees a briefing on those plans and the estimated cost of implementing those plans.

(f) Report required.—Not later than December 15, 2024, the Secretary of the Army and the Secretary of the Navy shall each submit to the congressional defense committees a report on the pilot program carried out under this section by the Secretary concerned, including—

(1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

(2) adjustments made, or to be made, to the implementation plans developed under subsection (e); and

(3) any other matters as determined appropriate by the Secretary concerned.

(g) Assessment required.—Not later than December 15, 2025, the Secretary of the Army and the Secretary of the Navy shall jointly submit to the congressional defense committees an assessment of the pilot programs carried out under this section, including—

(1) insights and findings regarding the utility of using data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

(2) an assessment of the utility of establishing an enduring program to use data recorders to monitor, assess, and improve readiness and the safe operation of military tactical vehicles;

(3) an assessment of the scope, size, and estimated cost of such an enduring program; and

(4) such other matters as the Secretary of the Army and the Secretary of the Navy determine appropriate.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2023, as follows:

(1) The Army, 473,000.

(2) The Navy, 354,000.

(3) The Marine Corps, 177,000.

(4) The Air Force, 325,344.

(5) The Space Force, 8,600.

(a) Strength levels to support National Defense Strategy.—

(1) IN GENERAL.—Section 691 of title 10, United States Code, is repealed.

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691.

(b) Certain active-duty and Selected Reserve strengths.—Section 115 of such title is amended—

(1) in subsection (f), by striking “increase” each place it appears and inserting “vary”; and

(2) in subsection (g)—

(A) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

“(A) vary the end strength pursuant to subsection (a)(1)(A) for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than 2 percent of such authorized end strength; and

“(B) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to nor more than 2 percent of such authorized end strength.”; and

(B) in paragraph (2), by striking “increase” each place it appears and inserting “variance”.

(a) In general.—Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows:

(1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength.

(2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength.

(b) Termination.—The authority provided under subsection (a) shall terminate on December 31, 2023.

(a) In general.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2023, as follows:

(1) The Army National Guard of the United States, 336,000.

(2) The Army Reserve, 189,500.

(3) The Navy Reserve, 57,700.

(4) The Marine Corps Reserve, 33,000.

(5) The Air National Guard of the United States, 108,400.

(6) The Air Force Reserve, 70,000.

(7) The Coast Guard Reserve, 7,000.

(b) End strength reductions.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

(c) End strength increases.—Whenever units or individual members of the Selected Reserve for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2023, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,845.

(2) The Army Reserve, 16,511.

(3) The Navy Reserve, 10,077.

(4) The Marine Corps Reserve, 2,388.

(5) The Air National Guard of the United States, 25,333.

(6) The Air Force Reserve, 6,003.

(a) In general.—The minimum number of military technicians (dual status) as of the last day of fiscal year 2023 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 22,294.

(2) For the Army Reserve, 6,492.

(3) For the Air National Guard of the United States, 10,994.

(4) For the Air Force Reserve, 7,111.

(b) Limitation on number of temporary military technicians (dual status).—The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection.

(c) Limitation.—Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position.

During fiscal year 2023, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

(a) Authorization of appropriations.—Funds are hereby authorized to be appropriated for fiscal year 2023 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.

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

Section 628a(a)(1) of title 10, United States Code, is amended—

(1) by inserting “(A)” before “If the Secretary concerned”; and

(2) by adding at the end the following new subparagraph:

“(B) Nothing in this section shall be construed to prevent a Secretary concerned from deferring consideration of adverse information concerning an officer subject to this section until the next regularly scheduled promotion board applicable to such officer, in lieu of furnishing such adverse information to a special selection review board under this section.”.

Section 601(b)(5) of title 10, United States Code, is amended by striking “retirement, but not for more than 60 days.” and inserting the following: “retirement, but—

“(A) subject to subparagraph (B), not for more than 60 days; and

“(B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment outside of the United States to a combat zone (as defined in section 112(c) of the Internal Revenue Code of 1986) or in support of a contingency operation, not for more than 90 days.”.

Section 525(a)(3) of title 10, United States Code, is amended—

(1) in subparagraph (B), by striking “33” and inserting “34”; and

(2) in subparagraph (C), by striking “50” and inserting “49”.