280 
ponent commander, as such term is defined in section 
1513 of title 10, United States Code, implementing 
the requirement. 
(2) The hardening requirements of the United 
States Indo-Pacific Command associated with the dis-
tribution of bulk fuel to support the proposed force 
laydown in the area of responsibility of such com-
mand. 
(3) A bulk fuels connector strategy to reposition 
fuels within the area of responsibility of such com-
mand, which shall include a specific assessment of the 
following: 
(A) The overall bulk fuel requirements for 
the force structure of the surface fleet tankers of 
the Navy and any specific requirements associ-
ated with the proposed force laydown specified in 
paragraph (2). 
(B) The intra-theater connector strategy of 
the Department of Defense to logistically support 
theater-specific bulk fuel requirements. 
(C) The bulk fuel requirements for light am-
phibious warfare ships. 
(4) An identification of the funding mechanisms 
used, or proposed to be used, to meet each of the re-
quirements specified in paragraphs (1) through (3), 
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including programmed and unfunded requirements, 
and a description of any additional staffing or re-
sources necessary to meet such requirements. 
(5) A risk assessment of the potential risk associ-
ated with the denial of access to bulk fuel storage fa-
cilities located in foreign countries, including a spe-
cific assessment of clauses in contracts entered into by 
the Director of the Defense Logistics Agency that pro-
vide for surety of access to such storage facilities, tak-
ing into account the insurance sought with respect to 
such surety and the anticipated penalties for failing 
to provide such surety. 
(b) INCLUSION IN SEPARATE REPORTS.—An element 
listed in paragraphs (1) through (5) of subsection (a) shall 
be deemed to be included in the report under subsection (a) 
if included in a separate report submitted to the congres-
sional defense committees on or before the date of the sub-
mission of the report under such subsection. 
(c) FORM.—The report under subsection (a) shall be 
submitted in an unclassified and publicly releasable form, 
but may contain a classified annex. 
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SEC. 334. PLACEMENT OF SENTINEL OR MONITORING 
WELLS IN PROXIMITY TO RED HILL BULK 
FUEL STORAGE FACILITY. 
(a) IN GENERAL.—Not later than April 1, 2023, the 
Secretary of the Navy, in coordination with the Director 
of the United States Geological Survey and the Adminis-
trator of the Environmental Protection Agency, shall sub-
mit to the congressional defense committees a report on the 
placement of sentinel or monitoring wells in proximity to 
the Red Hill Bulk Fuel Storage Facility for the purpose 
of monitoring and tracking the movement of fuel that has 
escaped the Facility. Such report shall include— 
(1) the number and location of new wells that 
have been established during the 12-month period pre-
ceding the date of the submission of the report; 
(2) an identification of any new wells proposed 
to be established; 
(3) an analysis of the need for any other wells; 
(4) the proposed number and location of any 
such additional wells; and 
(5) the priority level of each proposed well based 
on— 
(A) the optimal locations for new wells; and 
(B) the capability of a proposed well to as-
sist in monitoring and tracking the movement of 
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fuel toward the Halawa shaft, the Halawa Well, 
and the Aiea Well. 
(b) QUARTERLY BRIEFINGS.—Not later than 30 days 
after the submission of the report under subsection (a), and 
every 90 days thereafter for 12 months, the Secretary of the 
Navy shall provide to the congressional defense committees 
a briefing on the progress of the Department of the Navy 
toward installing the wells described in paragraphs (2) and 
(3) of subsection (a). 
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE 
ARMED FORCES ON OAHU. 
(a) STUDY ON FUTURE WATER NEEDS OF OAHU.— 
(1) IN GENERAL.—Not later than July 31, 2023, 
the Secretary of Defense shall conduct a study on how 
the Department of Defense may best address the fu-
ture water needs of the Armed Forces on the island 
of Oahu. Such study shall include consideration of— 
(A) the construction of a new water treat-
ment plant or plants; 
(B) the construction of a new well for use 
by members of the Armed Forces and the civilian 
population; 
(C) the construction of a new well for the 
exclusive use of members of the Armed Forces; 
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(D) transferring ownership and operation of 
existing Department of Defense utilities to a mu-
nicipality or existing publicly owned utility; 
(E) conveying certain Navy utilities to the 
Honolulu Board of Water Supply; and 
(F) any other water solutions the Secretary 
of Defense determines appropriate. 
(2) CONSULTATION.—In carrying out the study 
under paragraph (1), the Secretary of Defense shall 
consult with the Administrator of the Environmental 
Protection Agency, the State of Hawaii, the Honolulu 
Board of Water Supply, and any other entity the Sec-
retary of Defense determines appropriate. 
(3) REPORT; BRIEFING.—Upon completion of the 
study under paragraph (1), the Secretary of Defense 
shall— 
(A) submit to the appropriate congressional 
committees a report on the findings of the study; 
and 
(B) provide to the appropriate congressional 
committees a briefing on such findings. 
(b) HYDROLOGICAL STUDIES.— 
(1) GROUNDWATER FLOW MODEL STUDY.—Not 
later than July 31, 2023, the Secretary of the Navy, 
in consultation with the Administrator of the Envi-
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ronmental Protection Agency, the Director of the 
United States Geological Survey, and the State of 
Hawaii, shall commence the conduct of a new study, 
or continue an existing study, to further refine the 
modeling of groundwater flow in the area sur-
rounding the Red Hill Bulk Fuel Storage Facility. 
Such study shall be designed to— 
(A) seek to improve the understanding of 
the direction and rate of groundwater flow and 
dissolved fuel migration within the aquifers in 
the area surrounding the facility; 
(B) reflect site-specific data, including 
available data of the heterogeneous subsurface 
geologic system of such area; and 
(C) address previously identified defi-
ciencies in existing groundwater flow models. 
(2) DEADLINES FOR COMPLETION.— 
(A) GROUNDWATER FLOW MODEL STUDY.— 
The study under paragraph (1) shall be com-
pleted by not later than one year after the date 
of the enactment of this Act. 
(B) SUBSEQUENT STUDY.—Not later than 
one year after the date on which the study under 
paragraph (1) is completed, the Secretary of the 
Navy shall complete a subsequent study to model 
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contaminant fate and transport in the area sur-
rounding the Red Hill Bulk Fuel Storage Facil-
ity. 
(3) REPORTS; BRIEFINGS.—Upon completion of 
a study under this subsection, the Secretary of the 
Navy shall— 
(A) submit to the congressional defense com-
mittees a report on the findings of the study; and 
(B) provide to the congressional defense 
committees a briefing on such findings. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Energy and Commerce of 
the House of Representatives. 
(3) The Committee on Environment and Public 
Works of the Senate. 
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL 
BULK FUEL STORAGE FACILITY. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall seek to enter into an agreement with a 
federally funded research and development center that 
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meets the criteria specified in paragraph (2) under 
which such center will conduct a study to determine 
the range of feasible alternative Department of De-
fense uses for the Red Hill Bulk Fuel Storage Facility 
and provide to the Secretary a report on the findings 
of the study. The conduct of such study shall in-
clude— 
(A) engagement with stakeholders; 
(B) a review of historical alternative uses of 
facilities with similar characteristics; and 
(C) such other modalities as determined 
necessary to appropriately identify alternative 
use options, including data and information col-
lected from various stakeholders and through site 
visits to physically inspect the facility. 
(2) CRITERIA FOR FFRDC.—The federally funded 
research and development center with which the Sec-
retary seeks to enter into an agreement under para-
graph (1) shall meet the following criteria: 
(A) A primary focus on studies and anal-
ysis. 
(B) A record of conducting research and 
analysis using a multidisciplinary approach. 
(C) Demonstrated specific competencies 
in— 
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(i) life cycle cost-benefit analysis; 
(ii) military facilities and how such 
facilities support missions; and 
(iii) the measurement of environmental 
impacts. 
(D) A strong reputation for publishing pub-
licly releasable analysis to inform public debate. 
(b) COST-BENEFIT ANALYSIS.—An agreement entered 
into pursuant to subsection (a) shall specify that the study 
conducted under the agreement will include a cost-benefit 
analysis of the feasible Department of Defense alternative 
uses considered under the study. Such cost-benefit analysis 
shall cover each of the following for each such alternative 
use: 
(1) The design and construction costs. 
(2) Life-cycle costs, including the operation and 
maintenance costs of operating the facility, such as 
annual operating costs, predicted maintenance costs, 
and any disposal costs at the end of the useful life of 
the facility. 
(3) Any potential military benefits. 
(4) Any potential benefits for the local economy, 
including any potential employment opportunities for 
members of the community. 
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(5) A determination of environmental impact 
analysis requirements. 
(6) The effects of the use on future mitigation ef-
forts. 
(7) Any additional factors determined to be rel-
evant by the federally funded research and develop-
ment center in consultation with the Secretary. 
(c) DEADLINE FOR COMPLETION.—An agreement en-
tered into pursuant to subsection (a) shall specify that the 
study conducted under the agreement shall be completed by 
not later than February 1, 2024. 
(d) BRIEFING.—Upon completion of a study conducted 
under an agreement entered into pursuant to subsection (a), 
the Secretary shall provide to the Committees on Armed 
Services of the Senate and House of Representatives a brief-
ing on the findings of the study. 
(e) PUBLIC AVAILABILITY.— 
(1) FFRDC.—An agreement entered into pursu-
ant to subsection (a) shall specify that the federally 
funded research and development center shall make an 
unclassified version of the report provided to the Sec-
retary publicly available on an appropriate website of 
the center. 
(2) DEPARTMENT OF DEFENSE.—Upon receipt of 
such report, the Secretary shall make an unclassified 
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version of the report publicly available on an appro-
priate website of the Department of Defense. 
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EF-
FORTS TO TRACK HEALTH IMPLICATIONS OF 
FUEL LEAKS AT RED HILL BULK FUEL STOR-
AGE FACILITY. 
(a) BRIEFING.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of Health and Human 
Services, shall provide to the congressional defense commit-
tees a briefing on the efforts of the Secretary of Defense to 
appropriately track the health implications of fuel leaks at 
the Red Hill Bulk Fuel Storage Facility for members of 
the Armed Forces and dependents thereof, including mem-
bers of each Armed Force and dependents thereof. The brief-
ing shall include each of the following: 
(1) A plan to coordinate with the Director of the 
Centers for Disease Control and Prevention to align 
such efforts with the public health assessment and 
monitoring efforts of the Director. 
(2) A description of any potential benefits of co-
ordinating and sharing data with the State of Ha-
waii Department of Health. 
(3) An analysis of the extent to which data from 
the State of Hawaii Department of Health and data 
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from other non-Department of Defense sources can 
and should be used in any long-term health study re-
lating to fuel leaks at the Red Hill Bulk Fuel Storage 
Facility. 
(4) A description of the potential health implica-
tions of contaminants, including fuel, detected in the 
drinking water distribution system at the Red Hill 
Bulk Fuel Storage Facility during testing after the 
fuel leaks at such facility that occurred in May and 
November 2021, respectively. 
(5) A description of any contaminants, includ-
ing fuel, detected in the water supply at the Red Hill 
Bulk Fuel Storage Facility during the 12-month pe-
riod preceding the fuel leak at such facility that oc-
curred in November 2021. 
(6) A description of any potential benefits of 
broadening the tracing window to include indications 
of contaminants, including fuel, in the drinking 
water supply at the Red Hill Bulk Fuel Storage Fa-
cility prior to May 2021. 
(b) ARMED FORCES DEFINED.—In this section, the 
term ‘‘Armed Forces’’ has the meaning given that term in 
section 101 of title 10, United States Code. 
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Subtitle 
D—Treatment 
of 
Perfluoroalkyl Substances and 
Polyfluoroalkyl Substances 
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING 
TO 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL SUBSTANCES. 
(a) PUBLICATION OF INFORMATION.— 
(1) IN GENERAL.—Beginning not later than 180 
days after the date of the enactment of this Act, Sec-
retary of Defense shall publish on the publicly avail-
able 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 re-
search efforts of the Department of Defense relating to 
perfluoroalkyl substances or polyfluoroalkyl sub-
stances, which shall include the following: 
(A) A description of any research collabora-
tion or 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 of title 
5, United States Code), State, academic institu-
tion, nongovernmental organization, or other en-
tity. 
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(B) Regularly updated information on re-
search projects supported or conducted by the De-
partment of Defense pertaining to the develop-
ment, testing, and evaluation of a fluorine-free 
firefighting foam or any other alternative to 
aqueous film forming foam that contains 
perfluoroalkyl substances or polyfluoroalkyl sub-
stances, excluding any proprietary information 
that is business confidential. 
(C) Regularly updated information on re-
search projects supported or conducted by the De-
partment pertaining to the health effects of 
perfluoroalkyl substances or polyfluoroalkyl sub-
stances, including information relating to the 
impact of such substances on firefighters, vet-
erans, and military families, and excluding any 
personally identifiable information. 
(D) Regularly updated information on re-
search projects supported or conducted by the De-
partment pertaining to treatment options for 
drinking water, surface water, ground water, 
and the safe disposal of perfluoroalkyl substances 
or polyfluoroalkyl substances. 
(E) Budget information, including specific 
spending information for the research projects re-
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lating 
to 
perfluoroalkyl 
substances 
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 con-
ducted by the Department to address the use of 
perfluoroalkyl substances or polyfluoroalkyl sub-
stances 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 user- 
friendly format. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘military installation’’ in-
cludes active, inactive, and former military in-
stallations. 
(B) The term ‘‘perfluoroalkyl substance’’ 
means a man-made chemical of which all of the 
carbon atoms are fully fluorinated carbon atoms. 
(C) 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. 
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(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 sub-
stances. 
‘‘(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.’’. 
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUND-
ING OF STUDY AND ASSESSMENT ON HEALTH 
IMPLICATIONS 
OF 
PER- 
AND 
POLYFLUOROALKYL SUBSTANCES CONTAMI-
NATION IN DRINKING WATER BY AGENCY FOR 
TOXIC SUBSTANCES AND DISEASE REGISTRY. 
Section 316(a)(2)(B) of the National Defense Author-
ization 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 
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the William M. (Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021 (Public Law 116–283; 134 
Stat. 3533), and section 342 of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117–81; 
135 Stat. 1643), is further amended— 
(1) in clause (ii), by striking ‘‘2023’’ and insert-
ing ‘‘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 during 
fiscal year 2023 to the Secretary of Health and 
Human Services to pay for the study and assess-
ment required by this section.’’. 
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
TAINING TURNOUT GEAR. 
Section 330 of the National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3528; 
10 U.S.C. 2661 note prec.) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘of a non-PFAS-con-
taining’’ and inserting ‘‘of the following:’’ 
‘‘(1) A non-PFAS-containing’’; and 
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(B) by adding at the end the following new 
paragraph: 
‘‘(2) Covered personal protective firefighting 
equipment that does not contain an intentionally 
added perfluoroalkyl substance or polyfluoroalkyl sub-
stance.’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘perfluoroalkyl substance’ means a 
man-made chemical of which all of the carbon atoms 
are fully fluorinated carbon atoms. 
‘‘(2) The term ‘polyfluoroalkyl substance’ means 
a man-made chemical containing at least one fully 
fluorinated carbon atom and at least one non-fully 
fluorinated carbon atom. 
‘‘(3) The term ‘covered personal protective fire-
fighting equipment’’ means the following: 
‘‘(A) Turnout gear jacket or coat. 
‘‘(B) Turnout gear pants. 
‘‘(C) Turnout coveralls. 
‘‘(D) Any other personal protective fire-
fighting equipment, as determined by the Sec-
retary of Defense, in consultation with the Ad-
ministrator of the United States Fire Adminis-
tration.’’. 
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SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE 
OF 
RESULTS 
OF 
TESTING 
FOR 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL 
SUBSTANCES ON PRIVATE PROPERTY. 
Section 345(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 10 
U.S.C. 2715 note) is amended by inserting ‘‘personally 
identifiable information in connection with’’ after ‘‘publicly 
disclose’’. 
SEC. 
345. 
RESTRICTION 
ON 
PROCUREMENT 
OR 
PUR-
CHASING BY DEPARTMENT OF DEFENSE OF 
TURNOUT GEAR FOR FIREFIGHTERS CON-
TAINING PERFLUOROALKYL SUBSTANCES OR 
POLYFLUOROALKYL SUBSTANCES. 
(a) PROHIBITION
ON
PROCUREMENT
AND
PUR-
CHASING.—Subject to subsection (d), beginning on October 
1, 2026, the Secretary of Defense may not enter into a con-
tract to procure or purchase covered personal protective fire-
fighting equipment for use by Federal or civilian fire-
fighters 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 fire-
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fighting equipment for use by Federal or civilian fire-
fighters. 
(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 ab-
sence of perfluoroalkyl substances or polyfluoroalkyl 
substances. 
(c) EXISTING INVENTORY.—Nothing in this section 
shall impact existing inventories of covered personal protec-
tive firefighting equipment. 
(d) AVAILABILITY OF ALTERNATIVES.— 
(1) IN GENERAL.—The requirement under sub-
section (a) shall be subject to the availability of suffi-
ciently protective covered personal protective fire-
fighting equipment that does not contain inten-
tionally 
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 cov-
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ered personal protective firefighting equipment is 
available. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered personal protective fire-
fighting 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 fire-
fighting equipment, as determined by the Sec-
retary of Defense. 
(2) The term ‘‘perfluoroalkyl substance’’ means a 
man-made chemical of which all of the carbon atoms 
are fully fluorinated carbon atoms. 
(3) The term ‘‘polyfluoroalkyl substance’’ means 
a man-made chemical containing at least one fully 
fluorinated carbon atom and at least one non-fully 
fluorinated carbon atom. 
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT 
CERTAIN MILITARY INSTALLATIONS FROM 
SOURCES 
OTHER 
THAN 
AQUEOUS 
FILM- 
FORMING FOAM. 
Not later than one year after the date of the enactment 
of this Act, and annually thereafter for the following four 
years, the Under Secretary of Defense for Acquisition and 
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Sustainment shall submit to the congressional defense com-
mittees a report on any known or suspected contamination 
on or around military installations located in the United 
States resulting from the release of any perfluoroalkyl sub-
stance or polyfluoroalkyl substance originating from a 
source other than aqueous film-forming foam. 
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON 
DEPARTMENT OF DEFENSE PROCUREMENT 
OF CERTAIN ITEMS CONTAINING PFOS OR 
PFOA. 
(a) IDENTIFICATION OF CRITICAL USES.—Not later 
than June 1, 2023, the Secretary of Defense, in consultation 
with the Defense Critical Supply Chain Task Force and 
the Chemical and Material Risk Management Program of 
the Department of Defense, shall submit to the Committees 
on Armed Services of the House of Representatives and the 
Senate a report outlining the uses of perfluoroalkyl sub-
stances and polyfluoroalkyl substances that are critical to 
the national security of the United States, with a focus on 
such critical uses in— 
(1) the sectors outlined in the February 2022 re-
port of the Department of Defense titled ‘‘Securing 
Defense-Critical Supply Chains’’; and 
(2) sectors of strategic importance for domestic 
production and investment to build supply chain re-
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silience, including kinetic capabilities, energy storage 
and batteries, and microelectronics and semiconduc-
tors. 
(b) ANNUAL BRIEFINGS.—Not later than 270 days 
after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Representa-
tives and the Senate a briefing that includes a description 
of each of the following: 
(1) Steps taken to identify covered items pro-
cured by the Department of Defense that contain 
perfluorooctane sulfonate (PFOS) or perfluorooctanoic 
acid (PFOA). 
(2) Steps taken to identify products and vendors 
of covered items that do not contain PFOS or PFOA. 
(3) Steps taken to limit the procurement by the 
Department of covered items that contain PFOS or 
PFOA. 
(4) Steps the Secretary intends to take to limit 
the procurement of covered items that contain PFOS 
or PFOA. 
(c) COVERED ITEM DEFINED.—In this section, the 
term ‘‘covered item’’ means— 
(1) nonstick cookware or cooking utensils for use 
in galleys or dining facilities; and 
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(2) upholstered furniture, carpets, and rugs that 
have been treated with stain-resistant coatings. 
Subtitle E—Logistics and 
Sustainment 
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
RIEL READINESS METRICS AND OBJECTIVES 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) IN GENERAL.—Section 118 of title 10, United 
States Code, is amended: 
(1) in subsection (d)(2), by striking ‘‘objectives’’ 
and inserting ‘‘objectives, such as infrastructure, 
workforce, or supply chain considerations’’; 
(2) redesignating subsection (e) as subsection (f); 
and 
(3) inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) FUNDING ESTIMATES.—Not later than five days 
after the date on which the Secretary of Defense submits 
to Congress the materials in support of the budget of the 
President for a fiscal year, the Director of Cost Assessment 
and Performance Evaluation shall submit to the congres-
sional defense committees a comprehensive estimate of the 
funds necessary to meet the materiel readiness objectives re-
quired by subsection (c) through the period covered by the 
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most recent future-years defense program. At a minimum, 
the Director shall provide, for each major weapon system, 
by designated mission design series, variant, or class, a 
comprehensive estimate of the funds necessary to meet such 
objectives that— 
‘‘(1) have been obligated by subactivity group 
within the operation and maintenance accounts for 
the second fiscal year preceding the budget year; 
‘‘(2) the Director estimates will have been obli-
gated by subactivity group within the operation and 
maintenance accounts by the end of the fiscal year 
preceding the budget year; and 
‘‘(3) have been budgeted and programmed across 
the future years defense program within the operation 
and maintenance accounts by subactivity group.’’. 
(b) PHASED IMPLEMENTATION.—The Director of Cost 
Assessment and Performance Evaluation may meet the re-
quirements of subsection (e) of section 118 of title 10, 
United States Code, as added by subsection (a), through a 
phased submission of the funding estimates required under 
such subsection. In conducting a phased implementation, 
the Director shall ensure that— 
(1) for the budget request for fiscal year 2024, 
funding estimates are provided for a representative 
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sample by military department of at least one-third 
of the major weapon systems; 
(2) for the budget request for fiscal year 2025, 
funding estimates are provided for an additional one- 
third of the major weapon systems; and 
(3) full implementation for all major weapons 
systems is completed not later than five days after the 
date on which the Secretary of Defense submits to 
Congress the materials in support of the budget of the 
President for fiscal year 2026. 
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended— 
(1) in the heading, by inserting ‘‘, mainte-
nance, and modernization’’ after ‘‘construc-
tion’’; 
(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS.—In addition to the plan 
included under subsection (a)(1), the Secretary of Defense 
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shall include with the defense budget materials for a fiscal 
year each of the following: 
‘‘(1) A plan for the maintenance and moderniza-
tion of naval vessels that includes the following: 
‘‘(A) A forecast of the maintenance and 
modernization requirements for both the naval 
vessels in the inventory of the Navy and the ves-
sels required to be delivered under the naval ves-
sel construction plan under subsection (a)(1). 
‘‘(B) A description of the initiatives of the 
Secretary of the Navy to ensure that activities 
key to facilitating the maintenance and mod-
ernization of naval vessels (including with re-
spect to increasing workforce and industrial base 
capability and capacity, shipyard level-loading, 
and facility improvements) receive sufficient 
resourcing, and are including in appropriate 
planning, to facilitate the requirements specified 
in subparagraph (A). 
‘‘(2) A certification by the Secretary that both 
the budget for that fiscal year and the future-years de-
fense program submitted to Congress in relation to 
such budget under section 221 of this title provide for 
funding for the maintenance and modernization of 
naval vessels at a level that is sufficient for such 
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maintenance and modernization in accordance with 
the plan under paragraph (1).’’; and 
(4) in subsection (f), as redesignated by para-
graph (2), by inserting ‘‘ and the plan and certifi-
cation under subsection (d)’’ after ‘‘subsection (a)’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 9 of title 10, United States Code, 
is amended by striking the item relating to section 231 and 
inserting the following new item: 
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’. 
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT 
MEDICAL 
ESTIMATES 
IN 
READINESS 
RE-
PORTS. 
Section 482(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (11) as para-
graph (12); and 
(2) by inserting after paragraph (10) the fol-
lowing new paragraph: 
‘‘(11) A summary of the joint medical estimate 
under section 732(b)(1) of the John S. McCain Na-
tional 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 
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timeline, cost, and any legislative action required to 
correct any such problem or deficiency.’’. 
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR 
LIMITATION 
FOR 
RELIEF 
EFFORTS 
FOL-
LOWING 
MAJOR 
DISASTERS 
OR 
EMER-
GENCIES. 
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 sub-
paragraph: 
‘‘(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 emer-
gency under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).’’. 
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON 
TIME LIMITATIONS ON DURATION OF PUBLIC- 
PRIVATE COMPETITIONS. 
Section 322(c) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2252) is repealed. 
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SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATIONS REGARDING SHIPYARD 
INFRASTRUCTURE OPTIMIZATION PLAN OF 
THE NAVY. 
(a) IN GENERAL.—Not later than March 1, 2023, the 
Secretary of the Navy shall— 
(1) develop metrics for assessing progress of the 
Secretary toward improved shipyard capacity and 
performance in carrying out the Shipyard Infrastruc-
ture Optimization Plan of the Navy, including by 
measuring the effectiveness of capital investments; 
(2) ensure that the shipyard optimization pro-
gram office of the Navy— 
(A) includes all costs, such as inflation, pro-
gram office activities, utilities, roads, environ-
mental 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; 
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(v) a full assessment of risk and uncer-
tainty; and 
(vi) a sensitivity analysis; and 
(3) obtain independent cost estimates for projects 
under the shipyard optimization program that are es-
timated to exceed $250,000,000, to validate the cost 
estimates of the Navy developed for such projects pur-
suant to paragraph (2) and inform 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 Representa-
tives before such date on— 
(1) the current progress of the Secretary toward 
implementing those requirements; 
(2) any hindrance to implementing those re-
quirements; and 
(3) any additional resources necessary to imple-
ment those requirements. 
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR 
MILITARY 
INFORMATION 
SUPPORT 
OPER-
ATIONS. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for Operation and Mainte-
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nance, Defense-Wide, for military information support op-
erations, not more than 75 percent may be obligated or ex-
pended until the Secretary of Defense submits to the con-
gressional defense committees a plan for— 
(1) appropriately scoping and tailoring mes-
saging 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 En-
gagement Center of the Department of State and other 
relevant non-Department of Defense entities. 
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY RE-
GARDING RETENTION RATES FOR NAVY SHIP 
REPAIR CONTRACTS. 
(a) NOTIFICATION.—The Secretary of the Navy may 
not modify the general policy of the Department of the Navy 
regarding retention rates for contracts for Navy ship repair 
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until a period of 15 days has elapsed following the date 
on which the Assistant Secretary of the Navy for Research, 
Development, and Acquisition submits to the congressional 
defense committees a notification that includes, with respect 
to such modification, the following information: 
(1) An identification of any considerations that 
informed the decision to so modify. 
(2) A description of the desired effect of the 
modification on the Navy ship repair industrial base. 
(b) TERMINATION.—This section, and the requirements 
thereof, shall terminate on September 30, 2025. 
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRI-
VATE SHIPYARDS IN UNITED STATES AND EF-
FECT OF THOSE SHIPYARDS ON NAVAL FLEET 
READINESS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of the Navy 
shall seek to 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 re-
pair, 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: 
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(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 the fre-
quency of unplanned maintenance and the 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, including whether there 
are adequate ship repair facilities and a sufficiently 
trained workforce. 
(4) An identification of barriers limiting the 
success of intermediate-level and depot-level mainte-
nance availabilities, including constraints of adding 
private depot capacity and capability. 
(5) Recommendations based on the findings of 
paragraphs (1) through (4) regarding actions the Sec-
retary of the Navy can take to ensure there is an in-
dustrial base of private ship repair facilities to meet 
the needs of the Navy and ensure fleet readiness, in-
cluding whether the Secretary should institute a new 
force generation model, establish additional homeport 
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facilities, or establish new hub-type maintenance fa-
cilities. 
(c) INPUT FROM PRIVATE SHIPYARDS.—In conducting 
research and analysis under subsection (a), the nonprofit 
entity or federally funded research and development center 
with which the Secretary of the Navy enters into an agree-
ment under subsection (a) shall consult with private ship-
yards regarding— 
(1) the fleet maintenance needs of surface com-
batant and support ships of the Navy; 
(2) private shipyard capacity, including work-
force; 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 en-
tity or federally funded research and development cen-
ter with which the Secretary of the Navy enters 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) SUBMISSION TO CONGRESS.—Not later than 
30 days after the Secretary receives the report under 
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paragraph (1), the Secretary shall submit to the con-
gressional defense committees a copy of the report. 
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DIS-
TRIBUTION 
LOGISTICS 
ACROSS 
UNITED 
STATES INDO-PACIFIC COMMAND. 
(a) STUDY.—Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Defense shall seek 
to enter into a contract with a federally funded research 
and development center that meets the criteria under sub-
section (b) to conduct a study on fuel distribution logistics 
in the area of responsibility of the United States Indo-Pa-
cific Command. 
(b) CRITERIA FOR FFRDC.—The criteria under this 
subsection are the following: 
(1) A primary focus on the conduct of studies 
and analysis. 
(2) A demonstrated record of conducting research 
and analysis using a multidisciplinary approach. 
(3) A strong reputation for publishing publicly 
releasable analysis to inform public debate. 
(c) IDA STRATEGIC FUEL ASSESSMENT.—In con-
ducting the study pursuant to a contract under subsection 
(a), the federally funded research and development center 
shall use the results of the July 1, 2020, report of the Insti-
tute for Defense Analyses titled ‘‘INDOPACOM Strategic 
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Fuel Assessment’’ as a baseline to inform its analysis of 
fuel distribution logistics in the area of responsibility of the 
United States Indo-Pacific Command. 
(d) ELEMENTS.—A contract under subsection (a) shall 
provide that a study conducted under the contract shall in-
clude, with respect to the area of responsibility of the United 
States Indo-Pacific Command, the following: 
(1) An evaluation of the vulnerabilities associ-
ated with the production, refinement, and distribu-
tion of fuel by the Armed Forces during periods of 
conflict and in contested logistics environments with-
in the area, including with respect to the capability 
of the Armed Forces to sustain operational flights by 
aircraft and joint force distributed operations. 
(2) An assessment of potential adversary capa-
bilities to disrupt such fuel distribution in the area 
through a variety of means, including financial 
means, cyber means, and conventional kinetic attacks. 
(3) An assessment of any gaps in the capability 
or capacity of inter- or intra-theater fuel distribution, 
including any gaps relating to storage, transfer plat-
forms, manning for platforms, command and control, 
or fuel handling. 
(4) An evaluation of the positioning of defense 
fuel support points in the area, including with respect 
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to operational suitability and vulnerability to a vari-
ety of kinetic threats. 
(5) An assessment of the readiness of allies and 
partners of the United States to support the supply, 
storage, and distribution of fuel by the Armed Forces 
in the area, including a review of any relevant secu-
rity cooperation agreements entered into between the 
United States and such allies and partners. 
(6) An assessment of potential actions to miti-
gate any vulnerabilities identified pursuant to the 
study. 
(e) REPORT.— 
(1) SUBMISSION TO SECRETARY OF DEFENSE.— 
(A) IN GENERAL.—A contract under sub-
section (a) shall provide that a study conducted 
under the contract shall require that the federally 
funded research and development center submit 
to the Secretary a report containing the findings 
of such study. 
(B) FORM.—The report under subpara-
graph (A) shall be submitted in an unclassified 
and publicly releasable form, but may include a 
classified annex. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date on which the Secretary receives 
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the report under paragraph (1)(A), the Secretary 
shall submit to the appropriate congressional commit-
tees a copy of such report, submitted without change. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
(C) the Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The term ‘‘contested logistics environment’’ 
has the meaning given such term in section 2926 of 
title 10, United States Code. 
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR 
ESTABLISHMENT 
OF 
FUEL 
DISTRIBUTION 
POINTS IN UNITED STATES INDO-PACIFIC 
COMMAND AREA OF RESPONSIBILITY. 
(a) QUARTERLY BRIEFINGS.—On a quarterly basis 
until the date that is two years after the date of the enact-
ment of this Act, the Commander of United States Indo- 
Pacific Command shall provide to the congressional defense 
committees briefings on the use of the funds described in 
subsection (c). 
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(b) CONTENTS OF BRIEFINGS.—Each briefing under 
subsection (a) shall include an expenditure plan for the es-
tablishment of fuel distribution points in the area of respon-
sibility of United States Indo-Pacific Command relating to 
the defueling and closure of the Red Hill Bulk Fuel Storage 
Facility. 
(c) FUNDS DESCRIBED.—The funds described in this 
subsection are the amounts authorized to be appropriated 
or otherwise made available for fiscal year 2023 for Mili-
tary Construction, Defense-wide for Planning and Design 
for United States Indo-Pacific Command. 
Subtitle F—Matters Relating to De-
pots and Ammunition Produc-
tion Facilities 
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRO-
DUCTION FACILITY MAINTENANCE AND RE-
PAIR: ANNUAL REPORT. 
Chapter 9 of title 10, United States Code, is amended 
by adding at the end the following new section (and con-
forming the table of sections at the beginning of such chap-
ter accordingly): 
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‘‘§ 239d. Budgeting for depot and ammunition produc-
tion facility maintenance and repair: an-
nual report 
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in 
coordination with the Secretaries of the military depart-
ments, shall include with the defense budget materials for 
each fiscal year a report regarding the maintenance and 
repair of covered facilities. 
‘‘(b) ELEMENTS.—Each report required under sub-
section (a) shall include, at a minimum, the following 
(disaggregated by military department): 
‘‘(1) With respect to each of the three fiscal years 
preceding the fiscal year covered by the defense budget 
materials with which the report is included, revenue 
data for that fiscal year for the maintenance, repair, 
and overhaul workload funded at all the depots of the 
military department. 
‘‘(2) With respect to the fiscal year covered by 
the defense budget materials with which the report is 
included and each of the two fiscal years prior, an 
identification of the following: 
‘‘(A) The amount of appropriations budg-
eted for that fiscal year for depots, further 
disaggregated by the type of appropriation. 
‘‘(B) The amount budgeted for that fiscal 
year for working-capital fund investments by the 
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Secretary of the military department for the cap-
ital budgets of the covered depots of the military 
department, 
shown 
in 
total 
and 
further 
disaggregated by whether the investment relates 
to the efficiency of depot facilities, work environ-
ment, equipment, equipment (non-capital invest-
ment program), or processes. 
‘‘(C) The total amount required to be in-
vested by the Secretary of the military depart-
ment for that fiscal year for the capital budgets 
of covered depots pursuant to section 2476(a) of 
this title. 
‘‘(D) A comparison of the budgeted amount 
identified under subparagraph (B) with the total 
required amount identified under subparagraph 
(C). 
‘‘(E) For each covered depot of the military 
department, of the total required amount identi-
fied under subparagraph (C), the percentage of 
such amount allocated, or projected to be allo-
cated, to the covered depot for that fiscal year. 
‘‘(3) For each covered facility of the military de-
partment, the following: 
‘‘(A) Information on the average facility 
condition, average critical facility condition, res-
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toration and maintenance project backlog, and 
average equipment age, including a description 
of any changes in such metrics from previous 
years. 
‘‘(B) Information on the status of the imple-
mentation at the covered facility of the plans 
and strategies of the Department of Defense re-
lating to covered facility improvement, includ-
ing, as applicable, the implementation of the 
strategy required under section 359 of the Na-
tional Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 133 Stat. 1323; 10 
U.S.C. 2460 note). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘ammunition production facility’ 
means an ammunition organic industrial base pro-
duction facility. 
‘‘(2) The terms ‘budget’ and ‘defense budget ma-
terials’ have the meaning given those terms in section 
234 of this title. 
‘‘(3) The term ‘covered depot’ has the meaning 
given that term in section 2476 of this title. 
‘‘(4) The term ‘covered facility’ means a covered 
depot or an ammunition production facility.’’. 
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SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORK-
ING 
CAPITAL 
FUNDS 
FOR 
UNSPECIFIED 
MINOR MILITARY CONSTRUCTION. 
Section 2208(u)(4) of title 10, United States Code, is 
amended by striking ‘‘2023’’ and inserting ‘‘2025’’. 
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT 
AND AMMUNITION PRODUCTION FACILITY IN-
FRASTRUCTURE. 
Chapter 146 of title 10, United States Code, is amend-
ed by inserting after section 2742 the following new section 
(and conforming the table of sections at the beginning of 
such chapter accordingly): 
‘‘§ 2473. Annual five-year plans on improvement of 
depot infrastructure 
‘‘(a) SUBMISSION.—As part of the annual budget sub-
mission of the President under section 1105(a) of title 31, 
each Secretary of a military department shall submit to 
the congressional defense committees a plan describing the 
objectives of that Secretary to improve depot infrastructure 
during the five fiscal years following the fiscal year for 
which such budget is submitted. 
‘‘(b) ELEMENTS.—Each plan submitted by a Secretary 
of a military department under subsection (a) shall include 
the following: 
‘‘(1) With respect to the five-year period covered 
by the plan, an identification of the major lines of ef-
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fort, milestones, and specific goals of the Secretary 
over such period relating to the improvement of depot 
infrastructure and a description of how such goals 
support the goals outlined in section 359(b)(1)(B) of 
the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 133 Stat. 1324; 10 
U.S.C. 2476 note). 
‘‘(2) The estimated costs of necessary depot infra-
structure improvements and a description of how such 
costs would be addressed by the Department of De-
fense budget request submitted during the same year 
as the plan and the applicable future-years defense 
program. 
‘‘(3) Information regarding the plan of the Sec-
retary to initiate such environmental and engineering 
studies as may be necessary to carry out planned 
depot infrastructure improvements. 
‘‘(4) Detailed information regarding how depot 
infrastructure improvement projects will be paced and 
sequenced to ensure continuous operations. 
‘‘(c) INCORPORATION
OF RESULTS-ORIENTED MAN-
AGEMENT PRACTICES.—Each plan under subsection (a) 
shall incorporate the leading results-oriented management 
practices identified in the report of the Comptroller General 
of the United States titled ‘Actions Needed to Improve Poor 
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Conditions of Facilities and Equipment that Affect Mainte-
nance Timeliness and Efficiency’ (GAO–19–242), or any 
successor report, including— 
‘‘(1) analytically based goals; 
‘‘(2) results-oriented metrics; 
‘‘(3) the identification of required resources, 
risks, and stakeholders; and 
‘‘(4) regular reporting on progress to decision 
makers.’’. 
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVEST-
MENT FOR CERTAIN DEPOTS. 
(a) MODIFICATION.—Section 2476 of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Each fiscal year’’ and in-
serting ‘‘(1) Each fiscal year’’; 
(B) by striking ‘‘six’’ and inserting ‘‘eight’’; 
and 
(C) by inserting after paragraph (1), as 
designated by subparagraph (A), the following 
new paragraph: 
‘‘(2) Of the amount required to be invested in the cap-
ital budgets of the covered depots of a military department 
under paragraph (1) for each fiscal year— 
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‘‘(A) 75 percent shall be used for the moderniza-
tion or improvement of the efficiency of depot facili-
ties, equipment, work environment, or processes in di-
rect support of depot operations; and 
‘‘(B) 
percent 
shall 
be 
used 
for 
the 
sustainment, restoration, and modernization (as such 
terms are defined in the Department of Defense Fi-
nancial Management Regulation 7000.14–R, or suc-
cessor regulation) of existing facilities or infrastruc-
ture.’’; 
(2) in subsection (b), by striking ‘‘, but does not 
include funds spent for sustainment of existing facili-
ties, infrastructure, or equipment’’; 
(3) by redesignating subsections (c) through (e) 
as subsections (d) through (f); 
(4) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS RE-
LATING
TO PERSONNEL
AND TOTAL FORCE MANAGE-
MENT.—In identifying amounts to invest pursuant to the 
requirement under subsection (a)(1), the Secretary of a 
military department shall comply with all applicable re-
quirements of sections 129 and 129a of this title.’’; and 
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(5) in subsection (e)(2), as redesignated by para-
graph (3), by adding at the end the following new 
subparagraph: 
‘‘(F) A table enumerating, for the period covered 
by the report, the amounts invested to meet the re-
quirement under subsection (a)(1), disaggregated by 
funding source and whether the amount is allocated 
pursuant to subparagraph (A) or subparagraph (B) 
of subsection (a)(2).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN
GENERAL.—Such section is further 
amended in subsections (d) and (e), as redesignated 
by subsection (a)(3), by striking ‘‘subsection (a)’’ and 
inserting ‘‘subsection (a)(1)’’ each place it appears. 
(2) ADDITIONAL
TECHNICAL
AND
CONFORMING 
AMENDMENTS.—Section 2861(b) of title 10, United 
States Code, is amended— 
(A) by striking ‘‘subsection (e) of section 
2476’’ and inserting ‘‘subsection (f) of section 
2476’’; and 
(B) by striking ‘‘subsection (a) of such sec-
tion’’ and inserting ‘‘subsection (a)(1) of such 
section’’. 
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(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to fiscal years beginning 
on or after October 1, 2023. 
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL 
REPORT ON CORE DEPOT-LEVEL MAINTE-
NANCE AND REPAIR. 
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply 
to the report required to be submitted to Congress under 
section 2464(d) of title 10, United States Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is 
amended by striking paragraph (45). 
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL 
REPORT ON FUNDS EXPENDED FOR PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR WORKLOADS. 
(a) IN GENERAL.—Section 1080(a) of the National De-
fense Authorization Act for Fiscal Year 2016 (Public Law 
114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does not apply 
to the report required to be submitted to Congress under 
section 2466(d) of title 10, United States Code. 
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(b) CONFORMING REPEAL.—Section 1061(c) of the Na-
tional Defense Authorization Act for Fiscal Year 2017 (Pub-
lic Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 note) is 
amended by striking paragraph (46). 
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN 
WORKLOAD CARRYOVER OF DEPARTMENT OF 
THE ARMY. 
For purposes of calculating the amount of workload 
carryover with respect to the depots and arsenals of the De-
partment of the Army, the Secretary of Defense shall au-
thorize the Secretary of the Army to use a calculation for 
such carryover that applies a material end of period exclu-
sion. 
Subtitle G—Other Matters 
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DE-
FENSE ON ACTIVITIES OF JOINT SAFETY 
COUNCIL. 
Section 184(k) of title 10, United States Code is 
amended— 
(1) by striking ‘‘REPORT.—The Chair’’ and in-
serting ‘‘REPORTS.—(1) The Chair’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Not later than March 31, 2023, and not later than 
December 31 of each year thereafter, the Deputy Secretary 
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of Defense shall submit to the congressional defense commit-
tees a report containing— 
‘‘(A) a summary of the goals and priorities of 
the Deputy Secretary for the year following the date 
of the submission of the report with respect to the ac-
tivities of the Council; and 
‘‘(B) an assessment by the Deputy Secretary of 
the activities of the Council carried out during the 
year preceding the date of such submission.’’. 
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE 
CONTRACTORS USING MILITARY WORKING 
DOGS. 
(a) IN GENERAL.—Chapter 50 of title 10, United 
States Code, is amended by adding at the end the following 
new section (and conforming the table of sections at the be-
ginning of such chapter accordingly): 
‘‘§ 995. Accountability for contractors using military 
working dogs 
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
TRACTORS.—Each covered contract shall specify that the 
contractor is required to submit to the Under Secretary of 
Defense (Comptroller), on an annual basis for the duration 
of the covered contract, a report containing an identifica-
tion of— 
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‘‘(1) the number of military working dogs that 
are in the possession of the covered contractor and lo-
cated outside of the continental United States in sup-
port of a military operation, if any; and 
‘‘(2) the primary location of any such military 
working dogs. 
‘‘(b) COVERED CONTRACT DEFINED.—In this section 
the term ‘covered contract’ means a contract that the Sec-
retary of Defense determines involves military working 
dogs.’’. 
(b) APPLICABILITY.—Section 995 of title 10, United 
States Code, as added by subsection (a), shall apply with 
respect to a contract entered into on or after the date of 
the enactment of this Act. 
(c) BRIEFING REQUIREMENT.—Not later than March 
1, 2023, and annually thereafter for each of the subsequent 
three years, the Secretary of Defense shall provide to the 
congressional defense committees a briefing on the imple-
mentation of section 995 of title 10, United States Code, 
as added by subsection (a). 
(d) DEADLINE FOR GUIDANCE.—Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary of Defense (Comptroller) shall issue the guidance 
on the annual reporting requirement under section 995 of 
title 10, United States Code, as added by subsection (a). 
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(e) REGULATIONS TO PROHIBIT ABANDONMENT.—Not 
later than two years after the date of the enactment of this 
Act, the Secretary of Defense shall issue regulations to pro-
hibit the abandonment of military working dogs used in 
support of a military operation outside of the continental 
United States. 
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY 
COUNCIL. 
Section 184(b)(1) of title 10, United States Code, is 
amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) During periods in which the Coast Guard 
is not operating as a service in the Department of the 
Navy, an officer of the Coast Guard, appointed by the 
Secretary of Homeland Security.’’. 
SEC. 384. INCLUSION IN REPORT ON UNFUNDED PRIOR-
ITIES NATIONAL GUARD RESPONSIBILITIES 
IN CONNECTION WITH NATURAL AND MAN- 
MADE DISASTERS. 
(a) IN GENERAL.—In the report required under section 
222a of title 10, United States Code, for fiscal year 2024, 
the officer specified under subsection (b)(7) of such section 
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shall include as part of the National Guard unfunded prior-
ities described in subsection (c)(3) of such section unfunded 
priorities that relate to non-Federal National Guard re-
sponsibilities in connection with natural and man-made 
disasters. 
(b) TECHNICAL AMENDMENT.—Section 222a(c)(3) of 
title 10, United States Code, is amended by striking ‘‘sub-
section (b)(6)’’ both places it appears and inserting ‘‘sub-
section (b)(7)’’. 
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD 
PERSONNEL ON WILDFIRE PREVENTION AND 
RESPONSE. 
Section 351 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1367; 
32 U.S.C. 501 note) is amended to read as follows: 
‘‘SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON 
WILDFIRE PREVENTION AND RESPONSE. 
‘‘The Secretary of the Army and the Secretary of the 
Air Force, in consultation with the Chief of the National 
Guard Bureau, may provide support for the training of ap-
propriate personnel of the National Guard on wildfire pre-
vention and response. In carrying out this section, the Sec-
retaries— 
‘‘(1) shall give a preference to personnel assigned 
to military installations with the highest wildfire 
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suppression needs, as determined by the Secretaries; 
and 
‘‘(2) may consult with the Executive Board of 
the National Interagency Fire Center.’’. 
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION 
OF PILOT PROGRAM ON MILITARY WORKING 
DOGS AND EXPLOSIVES DETECTION. 
(a) EXTENSION OF PILOT PROGRAM.—Section 381(b) 
of the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062 
note) is amended by striking ‘‘2024’’ and inserting ‘‘2025’’. 
(b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT 
OF DEFENSE
AND DEPARTMENT
OF HOMELAND SECU-
RITY.— 
(1) REVIEW.—The Secretary of Defense, in co-
ordination with the Secretary of Homeland Security, 
shall conduct a review of the recent and ongoing re-
search, testing, and evaluation efforts of the Depart-
ment of Defense and the Department of Homeland Se-
curity, respectively, regarding explosives detection 
working dogs. 
(2) MATTERS.—The review under paragraph (1) 
shall include an analysis of the following: 
(A) Any recent or ongoing research efforts of 
the Department of Defense or the Department of 
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Homeland Security, respectively, relating to ex-
plosives detection working dogs, and any simi-
larities between such efforts. 
(B) Any recent or ongoing veterinary re-
search efforts of the Department of Defense or the 
Department of Homeland Security, respectively, 
relating to working dogs, canines, or other areas 
that may be relevant to the improvement of the 
breeding, health, performance, or training of ex-
plosives detection working dogs. 
(C) Any research areas relating to explo-
sives detection working dogs in which there is a 
need for ongoing research but no such ongoing 
research is being carried out by either the Sec-
retary of Defense or the Secretary of Homeland 
Security, particularly with respect to the health, 
domestic breeding, and training of explosives de-
tection working dogs. 
(D) How the recent and ongoing research ef-
forts of the Department of Defense and the De-
partment of Homeland Security, respectively, 
may improve the domestic breeding of working 
dogs, including explosives detection working 
dogs, and the health outcomes and performance 
of such domestically bred working dogs, includ-
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ing through coordination with academic or in-
dustry partners with experience in research re-
lating to working dogs. 
(E) Potential opportunities for the Sec-
retary of Defense to collaborate with the Sec-
retary of Homeland Security on research relat-
ing to explosives detection working dogs. 
(F) Any research partners of the Depart-
ment of Defense or the Department of Homeland 
Security, or both, that may be beneficial in as-
sisting with the research efforts and areas de-
scribed in this subsection. 
(c) PLAN REQUIRED.—Not later than 180 days of the 
date of the enactment of this Act, the Secretary of Defense, 
in coordination with the Secretary of Homeland Security, 
shall submit to the appropriate congressional committees a 
plan for the Secretary of Defense to collaborate, as appro-
priate, with the Secretary of Homeland Security on re-
search relating to explosives detection working dogs and 
other relevant matters. Such plan shall include the fol-
lowing: 
(1) An analysis of potential opportunities for 
collaboration between the Secretary of Defense and the 
Secretary of Homeland Security on the research ef-
forts and areas described in subsection (a)(2). 
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(2) An identification of specific programs or 
areas of research for such collaboration. 
(3) An identification of any additional agree-
ments or authorities necessary for the Secretaries to 
carry out such collaboration. 
(4) An identification of additional funding nec-
essary to carry out such collaboration. 
(5) An analysis of potential coordination on the 
research efforts and areas described in subsection 
(a)(2) with academic and industry partners with ex-
perience in research relating to working dogs, includ-
ing an identification of potential opportunities for 
such coordination in carrying out the collaboration 
described in paragraph (1). 
(6) A proposed timeline for the Secretary of De-
fense to engage in such collaboration, including spe-
cific proposed deadlines. 
(7) A description of how programs carried out 
pursuant to this section seek to address the health and 
welfare issues identified by the Comptroller General of 
the United States in the report titled ‘‘Working Dogs: 
Federal Agencies Need to Better Address Health and 
Welfare’’ published on October 19, 2022 (GAO-23- 
104489). 
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(8) Any other matters the Secretary of Defense 
considers appropriate. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Homeland Security 
of the House of Representatives. 
(C) The Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(2) The term ‘‘explosives detection working dog’’ 
means a canine that, in connection with the work du-
ties of the canine performed for a Federal department 
or agency, is certified and trained to detect odors in-
dicating the presence of explosives in a given object or 
area, in addition to the performance of such other du-
ties for the Federal department or agency as may be 
assigned. 
SEC. 387. AMENDMENT TO THE SIKES ACT. 
(a) 
USE
OF
NATURAL
FEATURES.—Section 
101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A)) is 
amended— 
(1) by redesignating clauses (ii) and (iii) as 
clauses (iii) and (iv), respectively; and 
(2) by inserting after clause (i) the following: 
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‘‘(ii) the use of natural and nature-based 
features to maintain or improve military instal-
lation resilience;’’. 
(b) EXPANDING AND MAKING PERMANENT THE PRO-
GRAM FOR INVASIVE SPECIES MANAGEMENT FOR MILITARY 
INSTALLATIONS.—Section 101(g) of the Sikes Act (16 
U.S.C. 670a(g)) is amended— 
(1) by striking the header and inserting ‘‘PRO-
GRAM
FOR INVASIVE SPECIES MANAGEMENT
FOR 
MILITARY INSTALLATIONS’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘During fiscal years 2009 
through 2014, the’’ and inserting ‘‘The’’; and 
(B) by striking ‘‘in Guam’’. 
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
TECTION AT MILITARY INSTALLATIONS. 
(a) STANDARDS REQUIRED.—Beginning not later 
than one year after the date of the enactment of this Act, 
the Secretary of Defense shall ensure that— 
(1) members of the Armed Forces and employees 
of Defense Agencies who provide fire protection serv-
ices to military installations comply with the na-
tional consensus standards developed by the National 
Fire Protection Association; 
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(2) the minimum staffing requirement for any 
firefighting vehicle responding to a structural build-
ing emergency at a military installation is not less 
than four firefighters per vehicle; and 
(3) the minimum staffing requirement for any 
firefighting vehicle responding to an aircraft or air-
field incident at a military installation is not less 
than three firefighters per vehicle. 
(b) REPORTS REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, each Secretary 
of a military department shall submit to the Committees 
on Armed Services of the House of Representatives and the 
Senate a report that— 
(1) details each instance in which the standards 
of that military department deviate from the national 
consensus standards specified in subsection (a)(1), 
and at what military installation; 
(2) includes, for each military installation under 
the jurisdiction of that Secretary, a detailed descrip-
tion of response times for emergency services and fire-
fighting vehicle staffing levels; and 
(3) includes an assessment of the feasibility of re-
quiring compliance with the national consensus 
standards specified in subsection (a)(1) in accordance 
with such subsection at each military installation 
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under the jurisdiction of that Secretary (without ex-
ception), the cost of requiring such compliance, and 
the estimated timeline for that Secretary to imple-
ment such requirement. 
(c) DEFINITIONS.—In this section: 
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense 
Agency’’ have the meanings given such terms in sec-
tion 101 of title 10, United States Code. 
(2) The term ‘‘firefighter’’ has the meaning given 
that term in section 707(b) of the National Defense 
Authorization Act for Fiscal Year 2020 (Pub. L. 116– 
92; 10 U.S.C. 1074m note). 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801 of title 10, 
United States Code. 
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFE-
TY DATA COLLECTION. 
(a) IN GENERAL.—Not later than October 1, 2023, the 
Secretary of the Army and the Secretary of the Navy shall 
each initiate a pilot program to evaluate the utility of using 
data recorders to monitor, assess, and improve readiness 
and the safe operation of military tactical vehicles in the 
Army and the Marine Corps, respectively. 
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(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 Sec-
retary of the Navy each shall— 
(1) select not fewer than one military installa-
tion in the United States under the jurisdiction of the 
Secretary that contains the necessary forces, equip-
ment, and maneuver training ranges to collect data 
on drivers and military tactical vehicles during 
training and routine operation at which to carry out 
the pilot program; 
(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 re-
corder; and 
(5) establish processes to leverage operation and 
event data to improve individual vehicle operator per-
formance, identify installation hazards that threaten 
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safe vehicle operation, and identify vehicle-type spe-
cific operating conditions that increase the risk of ac-
cidents or mishaps. 
(d) MILITARY TACTICAL VEHICLES SPECIFIED.—Mili-
tary tactical vehicles specified in this subsection are the fol-
lowing: 
(1) High Mobility Multipurpose Wheeled Vehi-
cles. 
(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) CYBER RISK EXEMPTION.—The Secretary of the 
Army or the Secretary of the Navy, as the case may be, 
may exempt from a pilot program under this section a mili-
tary tactical vehicle specified under subsection (d) if that 
Secretary submits to the Committees on Armed Services of 
the House of Representatives and the Senate a certification 
that, with respect to inclusion of the military tactical vehi-
cle, there is a high potential of cyber risk as a result of 
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the absence of a cross-domain solution capable of segre-
gating classified and unclassified data. 
(f) 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 pro-
grams under this section; and 
(2) provide to the congressional defense commit-
tees a briefing on those plans and the estimated cost 
of implementing those plans. 
(g) 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 commit-
tees a report on the respective pilot programs carried out 
under this section by the Secretaries, 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 im-
plementation plans developed under subsection (f); 
and 
(3) any other matters determined appropriate by 
the Secretaries. 
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(h) ASSESSMENT REQUIRED.—Not later than Decem-
ber 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 esti-
mated cost of such an enduring program; and 
(4) such other matters as the Secretary of the 
Army and the Secretary of the Navy determine ap-
propriate. 
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF 
OUT-OF-POCKET COSTS OF MEMBERS OF THE 
ARMED FORCES FOR UNIFORM ITEMS. 
(a) TRACKING REQUIREMENT.—The Secretary of De-
fense shall take such steps as may be necessary to track the 
expected useful life of uniform items for officers and enlisted 
members of the Armed Forces, for the purposes of— 
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(1) estimating the rate at which such uniform 
items are replaced; 
(2) determining the resulting out-of-pocket costs 
for such members over time; 
(3) determining the necessity of establishing a 
uniform replacement allowance for officers of the 
Armed Forces, based on the replacement rate esti-
mated pursuant to paragraph (1) and the out-of-pock-
et costs determined pursuant to paragraph (2); and 
(4) determining the adequacy of the uniform al-
lowance for enlisted members of the Armed Forces. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the expected useful life of required uniform items for mem-
bers of the Armed Forces, projected changes to such required 
uniform items, and related costs anticipated by the Sec-
retary (disaggregated by Armed Force). Such report shall 
include— 
(1) pricing information for each such item, in-
cluding items that are not considered uniquely mili-
tary; and 
(2) an assessment of the necessity of establishing 
a uniform replacement allowance for officers of the 
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Armed Forces, as determined pursuant to subsection 
(a)(3). 
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RE-
LATING TO ANIMAL FACILITY SANITATION 
AND PLAN FOR HOUSING AND CARE OF 
HORSES. 
(a) IMPLEMENTATION BY SECRETARY OF THE ARMY 
OF CERTAIN RECOMMENDATIONS RELATING TO ANIMAL FA-
CILITY SANITATION.—Not later than March 1, 2023, the 
Secretary of the Army shall implement the recommenda-
tions 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) PLAN FOR HOUSING AND CARE OF ALL HORSES 
WITHIN CARE OF OLD GUARD.— 
(1) IN GENERAL.—Not later than March 1, 2023, 
the Secretary of the Army shall submit to Congress a 
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 para-
graph (1) shall include— 
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(A) a description of each modification 
planned or underway at the Fort Myer Caisson 
Barns/Paddocks, the Fort Belvoir Caisson Pas-
ture Facility, and any other facility or location 
under consideration for stabling of the horses de-
scribed in paragraph (1); 
(B) an identification of adequate space at 
Fort Myer, Virginia, to properly care for the 
horses described in paragraph (1); 
(C) a prioritization of the allotment of the 
space identified under subparagraph (B) over 
other functions of Fort Myer that could be placed 
elsewhere; 
(D) projected timelines and resource re-
quirements to execute the plan; and 
(E) a description of— 
(i) immediate remedies for the unsani-
tary and unsafe conditions present at the 
locations described in subparagraph (A); 
and 
(ii) how long-term quality of life im-
provements will be provided for the horses 
described in paragraph (1). 
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SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF 
THE NAVY AS EXECUTIVE AGENT FOR NAVAL 
SMALL CRAFT INSTRUCTION AND TECHNICAL 
TRAINING SCHOOL. 
The Secretary of the Navy shall continue, through fis-
cal year 2023— 
(1) to perform the responsibilities of the Depart-
ment of Defense executive agent for the Naval Small 
Craft Instruction and Technical Training School pur-
suant to section 352(b) of title 10, United States 
Code; and 
(2) to provide such support as may be necessary 
for the continued operation of such school. 
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIRE-
MENT OF LEGACY MARITIME MINE COUNTER-
MEASURES PLATFORMS. 
(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 
by making a substantive reduction in training and oper-
ational employment, any element of the Marine Mammal 
Program of the Navy, that has been used, or is currently 
being used, for— 
(1) port security at Navy bases, known as Mark- 
6 systems; or 
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(2) mine search capabilities, 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, certifies in writing to the congressional defense 
committees that the Secretary has— 
(1) identified a replacement capability and the 
necessary quantity of such capability to meet all oper-
ational requirements currently being met by the Ma-
rine Mammal Program, including a detailed expla-
nation of such capability and quantity; 
(2) achieved initial operational capability of all 
capabilities referred to in paragraph (1), including a 
detailed explanation of such achievement; and 
(3) deployed a sufficient quantity of capabilities 
referred to in paragraph (1) that have achieved ini-
tial operational capability to continue to meet or ex-
ceed all operational requirements currently being met 
by Marine Mammal Program, including a detailed 
explanation of such deployment. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATION 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. End strength level matters. 
Sec. 403. Additional authority to vary Space Force end strength. 
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Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2023, as follows: 
(1) The Army, 452,000. 
(2) The Navy, 354,000. 
(3) The Marine Corps, 177,000. 
(4) The Air Force, 325,344. 
(5) The Space Force, 8,600. 
SEC. 402. END STRENGTH LEVEL MATTERS. 
(a) STRENGTH LEVELS TO SUPPORT NATIONAL DE-
FENSE STRATEGY.— 
(1) REPEAL.—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 amend-
ed by striking the item relating to section 691. 
(b) CERTAIN ACTIVE-DUTY AND SELECTED RESERVE 
STRENGTHS.—Section 115 of such title is amended— 
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(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 subpara-
graphs (A) and (B) and inserting the following 
new subparagraphs: 
‘‘(A) vary the end strength pursuant to sub-
section (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 two percent of such 
authorized end strength; and 
‘‘(B) vary the end strength pursuant to sub-
section (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 not more than one percent of such authorized 
end strength.’’; 
(B) in paragraph (2), by striking ‘‘in-
crease’’ each place it appears and inserting 
‘‘variance’’; and 
(C) by adding at the end the following new 
paragraph (3): 
‘‘(3) The Secretary of the military department con-
cerned shall promptly notify the congressional defense com-
mittees if such Secretary exceeds a variance under para-
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graph (1), and at least once every 90 days thereafter for 
so long as such end strength is outside such variance. Each 
such notification shall include the following: 
‘‘(A) Modified projected end strengths for active 
and reserve components of the armed force or forces 
for which such Secretary exceeds such variance. 
‘‘(B) An identification of any budgetary effects 
projected as a result of such modified end strength 
projections. 
‘‘(C) An explanation of any effects on readiness 
resulting from such modified end strength projec-
tions.’’. 
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE 
END STRENGTH. 
(a) IN GENERAL.—Notwithstanding section 115(g) of 
title 10, United States Code, upon determination by the 
Secretary of the Air Force that such action would enhance 
manning and readiness in essential units or in critical spe-
cialties, the Secretary may vary the end strength authorized 
by Congress for each fiscal year as follows: 
(1) Increase the end strength authorized pursu-
ant to section 115(a)(1)(A) of such title for a fiscal 
year for the Space Force by a number equal to not 
more than 5 percent of such authorized end strength. 
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(2) Decrease the end strength authorized pursu-
ant to section 115(a)(1)(A) of such title 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 sub-
section (a) shall terminate on December 31, 2023. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2023, as follows: 
(1) The Army National Guard of the United 
States, 325,000. 
(2) The Army Reserve, 177,000. 
(3) The Navy Reserve, 57,000. 
(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 orga-
nized to serve as units of the Selected Reserve of such 
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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 partici-
pation 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 in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2023, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
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(1) The Army National Guard of the United 
States, 30,845. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,077. 
(4) The Marine Corps Reserve, 2,388. 
(5) The Air National Guard of the United 
States, 25,333. 
(6) The Air Force Reserve, 6,003. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
(a) IN GENERAL.—The minimum number of military 
technicians (dual status) as of the last day of fiscal year 
2023 for the reserve components of the Army and the Air 
Force (notwithstanding section 129 of title 10, United 
States Code) shall be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 10,994. 
(4) For the Air Force Reserve, 7,111. 
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY 
TECHNICIANS (DUAL STATUS).—The number of temporary 
military technicians (dual-status) employed under the au-
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thority 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 au-
thority 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 tech-
nician (dual status) declines to participate in such realign-
ment or conversion, no further action will be taken against 
the individual or the individual’s position. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2023, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port 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. 
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(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2023 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2023. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Authorized strengths for Space Force officers on active duty in grades 
of major, lieutenant colonel, and colonel. 
Sec. 502. Distribution of commissioned officers on active duty in general officer 
and flag officer grades. 
Sec. 503. Redistribution of Naval officers serving on active duty in the grades of 
O-8 and O-9. 
Sec. 504. Authorized strength after December 31, 2022: general officers and flag 
officers on active duty. 
Sec. 505. Extension of grade retention for certain officers awaiting retirement. 
Sec. 506. Exclusion of officers serving as lead special trial counsel from limita-
tions on authorized strengths for general and flag officers. 
Sec. 507. Constructive service credit for certain officers of the Armed Forces. 
Sec. 508. Improvements to the selection of warrant officers in the military depart-
ments for promotion. 
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Sec. 509. Advice and consent requirement for waivers of mandatory retirement 
for Superintendents of military service academies. 
Sec. 509A. Modification of reports on Air Force personnel performing duties of 
a Nuclear and Missile Operations Officer (13N). 
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense and 
other Department of Defense headquarters offices. 
Sec. 509C. GAO review of certain officer performance evaluations. 
Sec. 509D. Study of chaplains. 
Subtitle B—Reserve Component Management 
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’ 
Training Corps in reports accompanying the national defense 
strategy. 
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve 
Officers’ Training Corps. 
Sec. 513. Backdating of effective date of rank for reserve officers in the National 
Guard due to undue delays in Federal recognition. 
Sec. 514. Inspections of the National Guard. 
Sec. 515. Authority to waive requirement that performance of Active Guard and 
Reserve duty at the request of a Governor may not interfere with 
certain duties. 
Sec. 516. Continued National Guard support for FireGuard program. 
Sec. 517. Enhancement of National Guard Youth Challenge Program. 
Sec. 518. Notice to Congress before certain actions regarding units of certain re-
serve components. 
Sec. 519. Independent study on Federal recognition of National Guard officers. 
Sec. 519A. Review and update of report on geographic dispersion of Junior Re-
serve Officers’ Training Corps. 
Sec. 519B. Briefing on duties of the Army Interagency Training and Education 
Center. 
Subtitle C—General Service Authorities and Military Records 
Sec. 521. Consideration of adverse information by special selection review boards. 
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of the 
Armed Forces and Department of Defense and Coast Guard em-
ployees and their families. 
Sec. 523. Limitation of extension of period of active duty for a member who ac-
cepts a fellowship, scholarship, or grant. 
Sec. 524. Expansion of mandatory characterizations of administrative discharges 
of certain members on the basis of failure to receive COVID-19 
vaccine. 
Sec. 525. Rescission of COVID-19 vaccination mandate. 
Sec. 526. Temporary exemption from end strength grade restrictions for the Space 
Force. 
Sec. 527. Notification to next of kin upon the death of a member of the Armed 
Forces: study; update; training; report. 
Sec. 528. Gender-neutral fitness physical readiness standards for military occu-
pational specialties of the Army. 
Sec. 529. Recurring report regarding COVID-19 mandate. 
Sec. 530. Sense of Congress regarding women involuntarily separated from the 
Armed Forces due to pregnancy or parenthood. 
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Subtitle D—Recruitment and Retention 
Sec. 531. Treatment of personally identifiable information regarding prospective 
recruits. 
Sec. 532. Revival and extension of temporary authority for targeted recruitment 
incentives. 
Sec. 533. Report on recruiting efforts of certain Armed Forces. 
Sec. 534. Review of marketing and recruiting of the Department of Defense. 
Sec. 535. Report on Department of Defense recruitment advertising to racial and 
ethnic minority communities. 
Sec. 536. Improving oversight of military recruitment practices in public sec-
ondary schools. 
Sec. 537. Best practices for the retention of certain female members of the Armed 
Forces. 
Sec. 538. Review of certain personnel policies of special operations forces. 
Sec. 539. Support for members who perform duties regarding remotely piloted 
aircraft: study; report. 
Sec. 539A. Retention and recruitment of members of the Army who specialize in 
air and missile defense systems. 
Subtitle E—Military Justice and Other Legal Matters 
Sec. 541. Matters in connection with special trial counsel. 
Sec. 542. Technical corrections relating to special trial counsel. 
Sec. 543. Randomization of court-martial panels. 
Sec. 544. Jurisdiction of Courts of Criminal Appeals. 
Sec. 545. Special trial counsel of the Department of the Air Force. 
Sec. 546. Independent investigation of sexual harassment. 
Sec. 547. Primary prevention research agenda and workforce. 
Sec. 548. Limitation on availability of funds for relocation of Army CID special 
agent training course. 
Sec. 549. Review of titling and indexing practices of the Army and certain other 
organizations. 
Sec. 549A. Briefing and report on resourcing required for implementation of 
military justice reform. 
Sec. 549B. Report on sharing information with counsel for victims of offenses 
under the Uniform Code of Military Justice. 
Sec. 549C. Dissemination of civilian legal services information. 
Subtitle F—Member Education 
Sec. 551. Authorization of certain support for military service academy founda-
tions. 
Sec. 552. Individuals from the District of Columbia who may be considered for 
appointment to military service academies. 
Sec. 553. Agreement by a cadet or midshipman to play professional sport con-
stitutes a breach of agreement to serve as an officer. 
Sec. 554. Naval Postgraduate School and United States Air Force Institute of 
Technology: terms of Provosts and Chief Academic Officers. 
Sec. 555. Naval Postgraduate School: attendance by enlisted members. 
Sec. 556. Modification of annual report on demographics of military service 
academy applicants. 
Sec. 557. Study and report on professional military education. 
Sec. 558. Report on treatment of China in curricula of professional military edu-
cation. 
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Subtitle G—Member Training and Transition 
Sec. 561. Codification of Skillbridge program. 
Sec. 562. Pilot program on remote personnel processing in the Army. 
Sec. 563. Annual report on members separating from active duty who file claims 
for disability benefits. 
Sec. 564. Female members of certain Armed Forces and civilian employees of the 
Department of Defense in STEM. 
Subtitle H—Military Family Readiness and Dependents’ Education 
Sec. 571. Clarification and expansion of authorization of support for chaplain- 
led programs for members of the Armed Forces. 
Sec. 572. Pilot program to expand eligibility for enrollment at domestic depend-
ent elementary and secondary schools: extension; report. 
Sec. 573. Commercial air waiver for next of kin regarding transportation of re-
mains of casualties. 
Sec. 574. Certain assistance to local educational agencies that benefit dependents 
of military and civilian personnel. 
Sec. 575. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces with enrollment changes due to base 
closures, force structure changes, or force relocations. 
Sec. 576. Pilot program on hiring of special needs inclusion coordinators for De-
partment of Defense child development centers. 
Sec. 577. Promotion of certain child care assistance. 
Sec. 578. Industry roundtable on military spouse hiring. 
Sec. 579. Recommendations for the improvement of the Military Interstate Chil-
dren’s Compact. 
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide finan-
cial assistance to members of the Armed Forces for in-home child 
care. 
Sec. 579B. Briefing on policies regarding single parents serving as members of 
the Armed Forces. 
Sec. 579C. Public reporting on certain military child care programs. 
Sec. 579D. Briefing on verification of eligible federally connected children for 
purposes of Federal impact aid programs. 
Sec. 579E. Sense of Congress on rights of parents of children attending schools 
operated by the Department of Defense Education Activity. 
Subtitle I—Decorations, Awards, and Other Honors 
Sec. 581. Clarification of procedure for boards for the correction of military 
records to review determinations regarding certain decorations. 
Sec. 582. Authorizations for certain awards. 
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of the 
Armies of the United States. 
Sec. 584. Enhanced information related to awarding of the Purple Heart. 
Subtitle J—Miscellaneous Reports and Other Matters 
Sec. 591. Report on non-citizen members of the Armed Forces. 
Sec. 592. Notification on manning of afloat naval forces: modifications; codifica-
tion. 
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Ar-
lington National Cemetery. 
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National 
Cemetery. 
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Sec. 595. Pilot program on safe storage of personally owned firearms. 
Sec. 596. Pilot program on car sharing on remote or isolated military installa-
tions. 
Sec. 597. Briefing on the effects of economic inflation on members of the Armed 
Forces. 
Sec. 598. Study on improvement of access to voting for members of the Armed 
Forces overseas. 
Sec. 599. Report on incidence of military suicides by military job code. 
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the 
Navy. 
Sec. 599B. Report on officer personnel management and the development of the 
professional military ethic of the Space Force. 
Subtitle A—Officer Personnel Policy 
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OF-
FICERS ON ACTIVE DUTY IN GRADES OF 
MAJOR, LIEUTENANT COLONEL, AND COLO-
NEL. 
The table in subsection (a)(1) of section 523 of title 
10, United States Code, is amended by inserting after the 
items relating to the Marine Corps new items relating to 
the total number of commissioned officers (excluding officers 
in categories specified in subsection (b) of such section) serv-
ing on active duty in the Space Force in the grades of 
major, lieutenant colonel, and colonel, respectively, as fol-
lows: 
‘‘3,900 
1,016 
782 
234
4,300 
1,135 
873 
262
5,000 
1,259 
845 
315
7,000 
1,659 
1,045 
415
10,000 
2,259 
1,345 
565’’. 
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SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON 
ACTIVE DUTY IN GENERAL OFFICER AND 
FLAG OFFICER GRADES. 
Section 525 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘as follows:’’ and inserting an em 
dash; 
(B) in paragraph (4)(C), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) in the Space Force, if that appointment 
would result in more than— 
‘‘(A) 2 officers in the grade of general; 
‘‘(B) 7 officers in a grade above the grade 
of major general; or 
‘‘(C) 6 officers in the grade of major gen-
eral.’’;’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘and 
Marine Corps’’ and inserting ‘‘Marine Corps, 
and Space Force’’; and 
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port of a contingency operation, not for more 
than 90 days.’’. 
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPE-
CIAL TRIAL COUNSEL FROM LIMITATIONS ON 
AUTHORIZED STRENGTHS FOR GENERAL AND 
FLAG OFFICERS. 
During the two-year period beginning on the date of 
the enactment of this Act, the limitations in section 526a(a) 
of title 10, United States Code, as amended by section 504, 
shall not apply to a general or flag officer serving in the 
position of lead special trial counsel pursuant to an ap-
pointment under section 1044f(a)(2) of such title. 
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN 
OFFICERS OF THE ARMED FORCES. 
(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT 
OFFICERS.—Section 572 of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) The Secretary concerned shall credit a person who 
is receiving an original appointment as a warrant officer 
in the regular component of an armed force under the juris-
diction of such Secretary concerned, and who has advanced 
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education or training or special experience, with construc-
tive service for such education, training, or experience, as 
follows: 
‘‘(1) For special training or experience in a par-
ticular warrant officer field designated by the Sec-
retary concerned, if such training or experience is di-
rectly related to the operational needs of the armed 
force concerned, as determined by such Secretary con-
cerned. 
‘‘(2) For advanced education in a warrant offi-
cer field designated by the Secretary concerned, if 
such education is directly related to the operational 
needs of the armed force concerned, as determined by 
such Secretary concerned.’’. 
(b) REPORT.—Not later than February 1, 2027, the 
Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives 
a report on the amendments made by subsection (a). Such 
report shall include— 
(1) the evaluation of such amendments by the 
Secretary; 
(2) the estimate of the Secretary regarding how 
many individuals are eligible for credit under sub-
section (b) of such section, as added by subsection (a); 
and 
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(3) the determination of the Secretary whether 
existing special pay for such members is adequate. 
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT 
OFFICERS IN THE MILITARY DEPARTMENTS 
FOR PROMOTION. 
(a) PROMOTION
BY
SELECTION
BOARDS: REC-
OMMENDATION; EXCLUSION FROM CONSIDERATION.—Sec-
tion 575 of title 10, United States Code, is amended by add-
ing at the end the following new subsections: 
‘‘(e)(1) In selecting the warrant officers to be rec-
ommended for promotion, a selection board shall, when au-
thorized by the Secretary concerned, recommend warrant 
officers of particular merit, pursuant to guidelines and pro-
cedures prescribed by the Secretary concerned, from among 
those warrant officers selected for promotion, to be placed 
higher on the promotion list contained in the report of such 
board under section 576(c) of this title. 
‘‘(2) A selection board may recommend that a warrant 
officer be placed higher on a promotion list under para-
graph (1) only if the warrant officer receives the rec-
ommendation of at least a majority of the members of the 
board, unless the Secretary concerned establishes an alter-
native requirement. Any such alternate requirement shall 
be furnished to the board as part of the guidelines furnished 
to the board under section 576 of this title. 
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‘‘(3) For the warrant officers recommended to be 
placed higher on a promotion list under paragraph (1), the 
board shall recommend the order in which those warrant 
officers should be placed on the list. 
‘‘(f)(1) Upon the request of a warrant officer, the Sec-
retary concerned may exclude the warrant officer from con-
sideration for promotion under this section. 
‘‘(2) The Secretary concerned may approve a request 
of a warrant officer under paragraph (1) only if— 
‘‘(A) the basis for the request is to allow the offi-
cer to complete— 
‘‘(i) an assignment in support of career 
progression; 
‘‘(ii) advanced education; 
‘‘(iii) an assignment such Secretary deter-
mines is of significant value to the Armed Force 
concerned; or 
‘‘(iv) a career progression requirement de-
layed by an assignment or education; 
‘‘(B) such Secretary determines that such exclu-
sion from consideration is in the best interest of the 
Armed Force concerned; and 
‘‘(C) the officer has not previously failed of selec-
tion for promotion to the grade for which the officer 
requests exclusion from consideration.’’. 
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(b) PRIORITY FOR PROMOTION OF WARRANT OFFICERS 
IN REPORT OF SELECTION BOARD.—Subsection (c) of sec-
tion 576 of such title is amended to read as follows: 
‘‘(c) The names of warrant officers selected for pro-
motion under this section shall be arranged in the report 
of such board in the following order of priority: 
‘‘(1) Warrant officers recommended under section 
575(e) of this title to be placed higher on the pro-
motion list, in the order in which the board deter-
mines. 
‘‘(2) Warrant officers otherwise recommended for 
promotion, in the order of seniority on the warrant 
officer active-duty list.’’. 
(c) PROMOTIONS: HOW MADE; EFFECTIVE DATE.— 
Section 578(a) of such title is amended by striking ‘‘of the 
seniority of such officers on the warrant officer active-duty 
list’’ and inserting ‘‘set forth in section 576(c) of this title’’. 
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIV-
ERS OF MANDATORY RETIREMENT FOR SU-
PERINTENDENTS 
OF 
MILITARY 
SERVICE 
ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
7321(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under 
this subsection is granted, the subsequent nomination and 
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appointment of such officer having served as Super-
intendent of the Academy to a further assignment in lieu 
of retirement shall be subject to the advice and consent of 
the Senate.’’. 
(b) UNITED
STATES
NAVAL
ACADEMY.—Section 
8371(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under 
this subsection is granted, the subsequent nomination and 
appointment of such officer having served as Super-
intendent of the Academy to a further assignment in lieu 
of retirement shall be subject to the advice and consent of 
the Senate.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9321(b) of title 10, United States Code, is amended by add-
ing at the end the following: ‘‘In the event a waiver under 
this subsection is granted, the subsequent nomination and 
appointment of such officer having served as Super-
intendent of the Academy to a further assignment in lieu 
of retirement shall be subject to the advice and consent of 
the Senate.’’. 
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SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PER-
SONNEL PERFORMING DUTIES OF A NUCLEAR 
AND MISSILE OPERATIONS OFFICER (13N). 
Section 506(b) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1682) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph (8): 
‘‘(8) A staffing plan for managing personnel in 
the 13N career field as the Air Force transitions from 
the Minuteman III weapon system to the Sentinel 
weapon system.’’. 
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF 
THE SECRETARY OF DEFENSE AND OTHER 
DEPARTMENT OF DEFENSE HEADQUARTERS 
OFFICES. 
(a) OFFICE OF THE SECRETARY OF DEFENSE.—The 
Secretary of Defense shall conduct an assessment of staffing 
of the Office of the Secretary of Defense. Such assessment 
shall including the following elements: 
(1) A validation of every military staff billet as-
signed to the Office of the Secretary of Defense against 
existing military personnel requirements. 
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(2) The estimated effect of returning 15 percent 
of such military staff billets to operational activities 
of the Armed Forces concerned, over a period of 36 
months, would have on the office of the Secretary of 
Defense and other Department of Defense Head-
quarters Offices. 
(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for 
such reductions, and the process by which the billets 
would be returned to the operational activities of the 
Armed Forces concerned. 
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The 
Chairman of the Joint Chiefs of Staff shall conduct an as-
sessment of staffing of the Office of the Joint Chiefs of Staff. 
Such assessment shall including the following elements: 
(1) A validation of every military staff billet as-
signed to the Office of the Joint Chiefs of Staff 
against existing military personnel requirements. 
(2) The estimated effect of returning 15 percent 
of such military staff billets to operational activities 
of the Armed Forces concerned, over a period of 36 
months, would have on the office of the Joint Staff 
and the Chairman’s Controlled Activities and other 
related Joint Staff Headquarters Offices. 
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(3) A plan and milestones for how reductions de-
scribed in paragraph (2) would occur, a schedule for 
such reductions, and the process by which the billets 
would be returned to the operational activities of the 
Armed Forces concerned. 
(c) INTERIM BRIEFING AND REPORT.— 
(1) INTERIM BRIEFING.—Not later than April 1, 
2023, the Secretary shall provide to the Committees 
on Armed Services of the Senate and House of Rep-
resentatives an interim briefing on the assessments 
under subsections (a) and (b). 
(2) FINAL
REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a re-
port on the assessments under subsections (a) and (b). 
Such report shall include the following: 
(A) A validation of every military staff bil-
let assigned to the Office of the Secretary of De-
fense and the Joint Staff to include the Chair-
man’s Controlled Activities against existing 
military personnel requirements. 
(B) The methodology and process through 
which such validation was performed. 
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(C) Relevant statistical analysis on mili-
tary billet fill rates against validated require-
ments. 
(D) An analysis of unvalidated military 
billets currently performing staff support func-
tions, 
(E) The rationale for why unvalidated mili-
tary billets may be required. 
(F) The cost of military staff filling both 
validated and unvalidated billets. 
(G) Lessons learned through the military 
billet validation process and statistical analysis 
under subparagraphs (B) through (F). 
(H) Any other matters the Secretary deter-
mines relevant to understanding the use of mili-
tary staff billets described in subsections (a) and 
(b). 
(I) Any legislative, policy or budgetary rec-
ommendations of the Secretary related to the 
subject matter of the report. 
SEC. 509C. GAO REVIEW OF CERTAIN OFFICER PERFORM-
ANCE EVALUATIONS. 
(a) REVIEW REQUIRED.—Not later than one year after 
the enactment of this Act, the Comptroller General of the 
United States shall review the officer performance reports 
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of each Armed Force under the jurisdiction of a Secretary 
of a military department in order to— 
(1) study the fitness report systems used for the 
performance evaluation of officers; and 
(2) provide to the Secretary of Defense and the 
Secretaries of the military departments recommenda-
tions regarding how to improve such systems. 
(b) ELEMENTS.—The review required under subsection 
(a) shall include the following: 
(1) An analysis of the effectiveness of the fitness 
report systems at evaluating and documenting the 
performance of officers. 
(2) A comparison of the fitness report systems for 
officers of each Armed Force described in subsection 
(a) with best practices for performance evaluations 
used by public- and private-sector organizations. 
(3) An analysis of the value of fitness reports in 
providing useful information to officer promotion 
boards. 
(4) An analysis of the value of fitness reports in 
providing useful feedback to officers being evaluated. 
(5) Recommendations to improve the fitness re-
port systems to— 
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(A) increase its effectiveness at accurately 
evaluating and documenting the performance of 
officers; 
(B) provide more useful information to offi-
cer promotion boards; and 
(C) provide more useful feedback regarding 
evaluated officers. 
(c) ACCESS TO DATA AND RECORDS.—The Secretaries 
of the military departments shall provide to the Comptroller 
General sufficient resources and access to technical data, 
individuals, organizations, and records that the Comp-
troller General requires to complete the review under this 
section. 
(d) SUBMISSION TO SECRETARIES.—Upon completing 
the review under subsection (a), the Comptroller General 
shall submit to the Secretary of Defense and the Secretaries 
of the military departments a report on the results of the 
review. 
(e) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Secretary of Defense and 
the Secretaries of the military departments receive the re-
port under subsection (d), the Secretary of Defense shall 
submit to the congressional defense committees— 
(1) an unaltered copy of such report; and 
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(2) any comments of the Secretary regarding 
such report. 
SEC. 509D. STUDY OF CHAPLAINS. 
(a) STUDY REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a study 
of the roles and responsibilities of chaplains. 
(b) ELEMENTS.—The study under subsection (a) shall 
include the following: 
(1) The resources (including funding, adminis-
trative support, and personnel) available to support 
religious programs. 
(2) Inclusion of chaplains in resiliency, suicide 
prevention, wellness, and other related programs. 
(3) The role of chaplains in embedded units, 
headquarters activities. and military treatment facili-
ties. 
(4) Recruitment and retention of chaplains. 
(5) An analysis of the number of hours chaplains 
spend in roles including pastoral care, religious serv-
ices, counseling, and administration. 
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(6) The results of any surveys that have assessed 
the roles, responsibilities and satisfaction of chap-
lains. 
(7) A review of the personnel requirements for 
chaplains during fiscal years 2013 through 2022. 
(8) Challenges to the abilities of chaplains to 
offer ministry services. 
Subtitle B—Reserve Component 
Management 
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON 
THE SENIOR RESERVE OFFICERS’ TRAINING 
CORPS IN REPORTS ACCOMPANYING THE NA-
TIONAL DEFENSE STRATEGY. 
Section 113(m) of title 10, United States Code, is 
amended— 
(1) by redesignating the second paragraph (8) as 
paragraph (11); 
(2) by redesignating the first paragraph (8), as 
paragraph (10); 
(3) by redesignating paragraphs (5), (6), and (7) 
paragraphs (7), (8), and (9), respectively; and 
(4) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) The number of Senior Reserve Officers’ 
Training Corps scholarships awarded during the fis-
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cal year covered by the report, disaggregated by gen-
der, race, and ethnicity, for each military depart-
ment. 
‘‘(6) The program completion rates and program 
withdrawal rates of Senior Reserve Officers’ Training 
Corps scholarship recipients during the fiscal year 
covered by the report, disaggregated by gender, race, 
and ethnicity, for each military department.’’. 
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN IN-
STRUCTOR IN THE JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS. 
(a) IN GENERAL.—Section 2031 of title 10, United 
States Code, is amended— 
(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (e) the following 
new subsection: 
‘‘(f)(1) Instead of, or in addition to, detailing officers 
and noncommissioned officers on active duty under sub-
section (c)(1) or authorizing the employment of retired offi-
cers and noncommissioned officers under subsection (d) or 
(e), the Secretary of the military department concerned may 
authorize qualified institutions to employ as administrators 
and instructors in the program officers or noncommissioned 
officers who— 
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‘‘(A)(i) receive honorable discharges— 
‘‘(I) after completing at least eight years of 
service; and 
‘‘(II) not longer than five years before ap-
plying for such employment; or 
‘‘(ii)(I) are in an active status; and 
‘‘(II) who are not yet eligible for retired pay; 
and 
‘‘(B) apply for such employment. 
‘‘(2) The Secretary of the military department con-
cerned shall pay to the institution an amount equal to one- 
half of the amount to be paid to an instructor pursuant 
to the JROTC Instructor Pay Scale for any period. 
‘‘(3) Notwithstanding the limitation in paragraph (2), 
the Secretary of the military department concerned may 
pay to the institution more than one-half of the amount 
paid to the member by the institution if, as determined by 
such Secretary— 
‘‘(A) the institution is in an educationally and 
economically deprived area; and 
‘‘(B) such action is in the national interest. 
‘‘(4) Payments under this subsection shall be made 
from funds appropriated for that purpose. 
‘‘(5) The Secretary of the military department con-
cerned may require an officer or noncommissioned officer 
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382 
employed under this subsection to transfer to the Individual 
Ready Reserve as a condition of such employment.’’. 
(b) BRIEFING.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a briefing regarding— 
(1) the number of instructors employed pursuant 
to the amendment made by subsection (a); and 
(2) costs to the Federal Government arising from 
such employment. 
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR 
RESERVE 
OFFICERS 
IN 
THE 
NATIONAL 
GUARD DUE TO UNDUE DELAYS IN FEDERAL 
RECOGNITION. 
Paragraph (2) of section 14308(f) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) If there is a delay in extending Federal recogni-
tion in the next higher grade in the Army National Guard 
or the Air National Guard to a reserve commissioned officer 
of the Army or the Air Force that exceeds 100 days from 
the date the National Guard Bureau deems such officer’s 
application for Federal recognition to be completely sub-
mitted by the State and ready for review at the National 
Guard Bureau, and the delay was not attributable to the 
action or inaction of such officer— 
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‘‘(A) in the event of State promotion with an ef-
fective date before January 1, 2024, the effective date 
of the promotion concerned under paragraph (1) may 
be adjusted to a date determined by the Secretary 
concerned, but not earlier than the effective date of the 
State promotion; and 
‘‘(B) in the event of State promotion with an ef-
fective date on or after January 1, 2024, the effective 
date of the promotion concerned under paragraph (1) 
shall be adjusted by the Secretary concerned to the 
later of— 
‘‘(i) the date the National Guard Bureau 
deems such officer’s application for Federal rec-
ognition to be completely submitted by the State 
and ready for review at the National Guard Bu-
reau; and 
‘‘(ii) the date on which the officer occupies 
a billet in the next higher grade.’’. 
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD. 
(a) ELEMENT.—Subsection (a) of section 105 of title 
32, United States Code, is amended— 
(1) in paragraph (6), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by adding at the end the following new para-
graph: 
‘‘(8) the units and members of the Army Na-
tional Guard or Air National Guard comply with 
Federal law and policy applicable to the National 
Guard, including policies issued by the Secretary of 
Defense, the Secretary of the military department 
concerned, or the Chief of the National Guard Bu-
reau.’’. 
(b) REPORT.—Not later than six months after the date 
of the enactment of this Act, the Secretary of the Army and 
the Secretary of the Air Force shall submit to the Commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a report on the implementation of paragraph 
(8) of such subsection, as added by subsection (a). Such re-
port shall include the following: 
(1) The number of inspections conducted that in-
cluded determinations under such paragraph. 
(2) With regard to each such inspection— 
(A) the date; 
(B) the unit of the Army National Guard or 
the Air National Guard inspected; 
(C) the officer who conducted such inspec-
tion; and 
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(D) the determination of the officer whether 
the unit was in compliance with Federal law 
and policy applicable to the National Guard. 
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PER-
FORMANCE OF ACTIVE GUARD AND RESERVE 
DUTY AT THE REQUEST OF A GOVERNOR MAY 
NOT INTERFERE WITH CERTAIN DUTIES. 
(a) IN GENERAL.—Section 328(b) of title 32, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(c) WAIVER AUTHORITY.—(1) Notwithstanding sec-
tion 101(d)(6)(A) of title 10 and subsection (b) of this sec-
tion, the Governor of a State or the Commonwealth of Puer-
to Rico, Guam, or the Virgin Islands, or the commanding 
general of the District of Columbia National Guard, as the 
case may be, may, at the request of the Secretary concerned, 
order a member of the National Guard to perform Active 
Guard and Reserve duty for purposes of performing train-
ing of the regular components of the armed forces as the 
primary duty. 
‘‘(2) Training performed under paragraph (1) must 
be in compliance with the requirements of section 
502(f)(2)(B)(i) of this title. 
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‘‘(3) No more than 100 personnel may be granted a 
waiver by a Secretary concerned under paragraph (1) at 
a time. 
‘‘(4) The authority under paragraph (1) shall termi-
nate on October 1, 2024.’’. 
(b) BRIEFING ON PERFORMANCE OF TRAINING AS PRI-
MARY DUTY.—Not later than March 1, 2023, the Secretary 
of the Army and the Secretary of the Air Force shall each 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Rep-
resentatives a briefing describing how many members of the 
National Guard are performing Active Guard and Reserve 
duty for purposes of performing training of the regular 
components of the Armed Forces as primary duty. 
(c) BRIEFING ON END STRENGTH REQUIREMENTS.— 
Not later than October 1, 2024, the Secretary of the Army 
and the Secretary of the Air Force shall each submit to the 
Committee on Armed Services of the Senate and the Com-
mittee on Armed Services of the House of Representatives 
a briefing outlining the end strength requirement going for-
ward for Active Guard and Reserve forces of the National 
Guard impacted by subsection (c) of section 328(b) of title 
32, United States Code, as added by subsection (a) of this 
section. 
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SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR 
FIREGUARD PROGRAM. 
Section 515 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81), is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Until’’; 
(2) by striking ‘‘September 30, 2026’’ and insert-
ing ‘‘September 30, 2029’’; 
(3) by striking ‘‘support’’ and inserting ‘‘carry 
out’’; 
(4) by striking ‘‘personnel of the California Na-
tional Guard’’ and inserting ‘‘National Guard per-
sonnel (including from the Colorado National Guard 
and the California National Guard)’’; and 
(5) by adding at the end the following: 
‘‘(b) TRANSFER.—Until the date specified in sub-
section (a), no component (including any analytical re-
sponsibility) of the FireGuard program may be transferred 
from the Department of Defense to another entity. If the 
Secretary seeks to make such a transfer, the Secretary shall, 
at least three years before such transfer, provide to the ap-
propriate congressional committees a written report and 
briefing that detail— 
‘‘(1) plans of the Secretary for such transfer; and 
‘‘(2) how such transfer will sustain and improve 
detection and monitoring of wildfires. 
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‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The Committee on Armed Services of the 
Senate. 
‘‘(2) The Committee on Armed Services of the 
House of Representatives. 
‘‘(3) The Select Committee on Intelligence of the 
Senate. 
‘‘(4) The Permanent Select Committee on Intel-
ligence of the House of Representatives.’’. 
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
Section 516 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81) is amended, in 
subsection (a), by striking ‘‘fiscal year 2022’’ and inserting 
‘‘fiscal years 2022 and 2023’’. 
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS 
REGARDING UNITS OF CERTAIN RESERVE 
COMPONENTS. 
(a) NOTICE REQUIRED; ELEMENTS.—The Secretary of 
a military department may not take any covered action re-
garding a covered unit until the day that is 60 days after 
the Secretary of a military department submits to Congress 
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notice of such covered action. Such notice shall include the 
following elements: 
(1) An analysis of how the covered action would 
improve readiness. 
(2) A description of how the covered action 
would align with the National Defense Strategy and 
the supporting strategies of each military depart-
ments. 
(3) A description of any proposed organizational 
change associated with the covered action and how the 
covered action will affect the relationship of adminis-
trative, operational, or tactical control responsibilities 
of the covered unit. 
(4) The projected cost and any projected long- 
term cost savings of the covered action. 
(5) A detailed description of any requirements 
for new infrastructure or relocation of equipment and 
assets necessary for the covered action. 
(6) A description of how the covered activity will 
affect the ability of the covered Armed Force to ac-
complish its current mission. 
(b) APPLICABILITY.—This section shall apply to any 
step to perform covered action regarding a covered unit on 
or after the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
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(1) The term ‘‘covered action’’ means any of the 
following: 
(A) To deactivate. 
(B) To reassign. 
(C) To move the home station. 
(2) The term ‘‘covered Armed Force’’ means the 
following: 
(A) The Army. 
(B) The Navy. 
(C) The Marine Corps. 
(D) The Air Force. 
(E) The Space Force. 
(3) The term ‘‘covered unit’’ means a unit of a 
reserve component of a covered Armed Force. 
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNI-
TION OF NATIONAL GUARD OFFICERS. 
(a) INDEPENDENT STUDY.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall seek to enter into a contract with a fed-
erally funded research and development center to con-
duct a study on the National Guard commissioned of-
ficer and warrant officer promotion system and pro-
vide recommendations to the Department of Defense, 
the Department of the Air Force, the Department of 
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the Army, the National Guard Bureau, and indi-
vidual State National Guard commands. 
(2) ELEMENTS.—The study referred to in para-
graph (1) shall include a comprehensive review and 
assessment of the following: 
(A) Reasons for delays in processing per-
sonnel actions for Federal recognition of State 
National Guard member promotions. 
(B) The Federal recognition process used to 
extend Federal recognition to State promotions. 
(C) Best practices among the various State 
National Guards for managing their require-
ments under the existing National Guard pro-
motion system. 
(D) Possible improvements to requirements, 
policies, procedures, workflow, or resources to re-
duce the processing time for Federal recognition 
of state promotions. 
(E) An assessment of the feasibility of devel-
oping or adopting a commercially available solu-
tion for an integrated enterprise information 
technology system for managing National Guard 
officer and warrant officer promotions that al-
lows seamless transition for promotions as they 
move through review at the National Guard Bu-
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reau, the Department of the Army, the Depart-
ment of the Air Force, and the Department of 
Defense. 
(F) Possible metrics to evaluate effectiveness 
of any recommendations made. 
(G) Possible remedies for undue delays in 
Federal recognition, including adjustment to the 
effective date of promotion beyond current statu-
tory authorities. 
(H) Any other matters the federally funded 
research and development center determines rel-
evant. 
(3) REPORT.— 
(A) IN
GENERAL.—The contract under 
paragraph (1) shall require the federally funded 
research and development center that conducts 
the study under the contract to submit to the 
Secretary of Defense, the Secretary of the Army, 
the Secretary of the Air Force, and the Chief of 
the National Guard Bureau a report on the re-
sults of the study. 
(B) SUBMISSION TO CONGRESS.—Upon re-
ceiving the report required under subparagraph 
(A), the Secretary of Defense shall submit an un-
edited copy of the report results to the congres-
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sional defense committees within 30 days of re-
ceiving the report from the federally funded re-
search and development corporation. 
(b) REPORTING REQUIREMENT.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter until the date specified in paragraph (3), 
the Secretary of Defense, in consultation with the Sec-
retary of the Army and the Secretary of the Air Force 
as appropriate, shall submit to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a re-
port detailing the current status of the Federal rec-
ognition process for National Guard promotions. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) An update on efforts to transition to 
fully digital processes in accordance with rec-
ommendations made pursuant to subsection (a). 
(B) The average processing time for per-
sonnel actions related to Federal recognition of 
reserve commissioned officer promotions in the 
Army and Air National Guards, respectively, in-
cluding the time in days from the date at which 
the National Guard Bureau received the pro-
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motion until the date at which Federal recogni-
tion was granted. 
(C) The average time it took during the pre-
vious fiscal year to extend Federal recognition. 
(D) The number of Army and Air National 
Guard officers who experienced Federal recogni-
tion delays greater than 90 days in the previous 
fiscal year. 
(E) A summary of any additional resources 
or authorities needed to further streamline the 
Federal recognition processes to reduce average 
Federal recognition processing time to 90 days 
or fewer. 
(F) Any other information that the Secre-
taries concerned deem relevant. 
(3) EXPIRATION
OF
ANNUAL
REPORTING
RE-
QUIREMENT.—The date referred to in paragraph (1) 
is such time as the average processing time for per-
sonnel actions described under this subsection is re-
duced to 90 days or fewer for each of the Army and 
Air National Guards. 
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SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEO-
GRAPHIC DISPERSION OF JUNIOR RESERVE 
OFFICERS’ TRAINING CORPS. 
(a) REPORT: REVIEW; UPDATE.—The Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall review and update the 2017 report from 
the RAND Corporation titled ‘‘Geographic and Demo-
graphic Representativeness of Junior Reserve Officer Train-
ing Corps’’ (Library of Congress Control Number: 
2017950423). 
(b) ELEMENTS.—The report updated under subsection 
(a) shall include the following: 
(1) An assessment of whether there is adequate 
representation in, and reasonable access to, units of 
the Junior Reserve Officers’ Training Corps (herein-
after, ‘‘JROTC’’) for students in all regions of the of 
the United States. 
(2) The estimated cost and time to increase the 
number of units of JROTC to ensure adequate rep-
resentation and reasonable access described in para-
graph (1). 
(3) Recommendations to increase adequate rep-
resentation and reasonable access described in para-
graph (1) in areas of the United States that the Sec-
retary of Defense determines lack such adequate rep-
resentation and reasonable access. 
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(c) SUBMISSION.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives the report updated 
under this section. 
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTER-
AGENCY TRAINING AND EDUCATION CENTER. 
Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense, in consultation with 
the Assistant Secretary of Defense for Homeland Defense 
and Global Security and the Chief of the National Guard 
Bureau, shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a briefing that 
includes— 
(1) an organizational plan and an estimate of 
the annual costs necessary for the Army Interagency 
Training and Education Center to carry out duties 
assigned to it by the Chief of the National Guard Bu-
reau; and 
(2) the staffing requirements needed to ade-
quately staff such duties. 
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Subtitle C—General Service 
Authorities and Military Records 
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY 
SPECIAL SELECTION REVIEW BOARDS. 
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 sub-
paragraph: 
‘‘(B) Nothing in this section shall be construed to pre-
vent a Secretary concerned from deferring consideration of 
adverse information concerning an officer subject to this 
section until the next regularly scheduled promotion board 
applicable to such officer, in lieu of furnishing such adverse 
information to a special selection review board under this 
section.’’. 
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPT-
ANCE OF GIFTS BY MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE AND 
COAST GUARD EMPLOYEES AND THEIR FAMI-
LIES. 
Section 2601a of title 10, United States Code, is 
amended— 
(1) in subsection (b)— 
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(A) in paragraph (2), by striking ‘‘; or’’ 
and inserting a semicolon; 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) that results in enrollment in a Warriors in 
Transition program, as defined in section 738(e) of 
the National Defense Authorization Act for Fiscal 
Year 2013 (Public Law 112–239; 10 U.S.C. 1071 
note); or’’; and 
(2) in subsection (c), by striking ‘‘paragraph (1), 
(2) or (3) of’’. 
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF AC-
TIVE DUTY FOR A MEMBER WHO ACCEPTS A 
FELLOWSHIP, SCHOLARSHIP, OR GRANT. 
(a) LIMITATION.—Subsection (b) of section 2603 of 
title 10, United States Code, is amended by striking ‘‘at 
least’’. 
(b) MODERNIZATION.—Subsection (a) of such section 
is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘or his designee’’ and in-
serting ‘‘(or an individual designated by the 
President)’’; and 
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(B) by striking ‘‘him’’ and inserting ‘‘the 
member’’; 
(2) in paragraph (1), by striking ‘‘his field’’ and 
inserting ‘‘the field of the member’’; 
(3) in paragraph (3), by striking ‘‘his recognized 
potential for future career service’’ and inserting ‘‘the 
recognized potential for future career service of the 
member’’; and 
(4) in the matter following paragraph (3)— 
(A) by striking ‘‘his’’ both places it appears 
and inserting ‘‘the member’s’’; and 
(B) by striking ‘‘him’’ and inserting ‘‘the 
member’’. 
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZA-
TIONS OF ADMINISTRATIVE DISCHARGES OF 
CERTAIN MEMBERS ON THE BASIS OF FAIL-
URE TO RECEIVE COVID-19 VACCINE. 
Section 736(a) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
1161 note) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘During the period of time beginning on Au-
gust 24, 2021, and ending on the date that is two 
years after the date of the enactment of this Act, any’’ 
and inserting ‘‘Any’’; 
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(2) in paragraph (1) by striking ‘‘; or’’ and in-
serting a semicolon; 
(3) in paragraph (2), by striking the period and 
inserting ‘‘; or’’; and 
(4) by adding at the end the following new para-
graph: 
‘‘(3) in the case of a covered member receiving 
an administrative discharge before completing the 
first 
180 
continuous 
days 
of 
active 
duty, 
uncharacterized.’’. 
SEC. 525. RESCISSION OF COVID-19 VACCINATION MAN-
DATE. 
Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall rescind the man-
date that members of the Armed Forces be vaccinated 
against COVID-19 pursuant to the memorandum dated Au-
gust 24, 2021, regarding ‘‘Mandatory Coronavirus Disease 
2019 Vaccination of Department of Defense Service Mem-
bers’’. 
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH 
GRADE 
RESTRICTIONS 
FOR 
THE 
SPACE 
FORCE. 
Section 517 and section 523 (as amended by section 
501 of this Act) of title 10, United States Code, shall not 
apply to the Space Force until January 1, 2024. 
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SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH 
OF A MEMBER OF THE ARMED FORCES: 
STUDY; UPDATE; TRAINING; REPORT. 
(a) STUDY.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
conduct a study on the notification processes of the next 
of kin upon the death of a member of the Armed Forces. 
In conducting the study, the Secretary shall identify the 
following elements: 
(1) The time it takes for such notification to 
occur after such death, recovery of remains, and iden-
tification of remains. Such time shall be determined 
through an analysis of data regarding cases involving 
such notifications. 
(2) The effect of media (including social media) 
and other forms of communication on such processes. 
(3) Means by which the Secretary may improve 
such processes to reduce the time described in para-
graph (1). 
(4) Any legislative recommendations of the Sec-
retary to improve such processes to reduce the time 
described in paragraph (1). 
(b) UPDATE.—Upon completion of the study under 
subsection (a), the Secretary shall review and update train-
ing and education materials regarding such processes, im-
plementing means described in subsection (a)(3). 
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(c) OPERATIONAL TRAINING.—The Secretary of the 
military department concerned shall include a training ex-
ercise, using materials updated (including lessons learned) 
under subsection (b), regarding a death described in this 
section in each major exercise conducted by such Secretary 
or the Secretary of Defense. 
(d) REPORT.—Not later one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives a report containing— 
(1) the results of the study; 
(2) a description of the update under subsection 
(b); and 
(3) lessons learned, as described in subsection (c). 
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READI-
NESS STANDARDS FOR MILITARY OCCUPA-
TIONAL SPECIALTIES OF THE ARMY. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of the Army shall— 
(1) establish gender-neutral physical readiness 
standards that ensure soldiers can perform the duties 
of their respective military occupational specialties; 
and 
(2) provide to the Committees on Armed Services 
of the Senate and House of Representatives a briefing 
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describing the methodology used to determine the 
standards established under paragraph (1). 
SEC. 529. RECURRING REPORT REGARDING COVID-19 MAN-
DATE. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a recurring report re-
garding the requirement that a member of the Armed Forces 
shall receive a vaccination against COVID-19. Each such 
report may not contain any personally identifiable infor-
mation, and shall contain the following: 
(1) With regard to religious exemptions to such 
requirement— 
(A) the number of such exemptions for 
which members applied; 
(B) the number of such religious exemptions 
denied; 
(C) the reasons for such denials; 
(D) the number of members denied such a 
religious exemption who complied with the re-
quirement; and 
(E) the number of members denied such a 
religious exemption who did not comply with the 
requirement who were separated, and with what 
characterization. 
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(2) With regard to medical exemptions to such 
requirement— 
(A) the number of such medical exemptions 
for which members applied; 
(B) the number of such medical exemptions 
denied; 
(C) the reasons for such denials; 
(D) the number of members denied such a 
medical exemption who complied with the re-
quirement; and 
(E) the number of members denied such a 
medical exemption who did not comply with the 
requirement who were separated, and with what 
characterization. 
(b) FREQUENCY; TERMINATION.—The Secretary shall 
submit the first such report not later than 90 days after 
the date of the enactment of this Act and every 90 days 
thereafter until the first of the following to occur: 
(1) The Secretary of Defense lifts such require-
ment. 
(2) The day that is two years after the date of 
the enactment of this Act. 
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SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOL-
UNTARILY SEPARATED FROM THE ARMED 
FORCES DUE TO PREGNANCY OR PARENT-
HOOD. 
(a) FINDINGS.—Congress finds the following: 
(1) In June 1948, Congress enacted the Women’s 
Armed Services Integration Act of 1948, which for-
mally authorized the appointment and enlistment of 
women in the regular components of the Armed 
Forces. 
(2) With the expansion of the Armed Forces to 
include women, the possibility arose for the first time 
that members of the regular components of the Armed 
Forces could become pregnant. 
(3) The response to such possibilities and actual-
ities was Executive Order 10240, signed by President 
Harry S. Truman in 1951, which granted the Armed 
Forces the authority to involuntarily separate or dis-
charge a woman if she became pregnant, gave birth 
to a child, or became a parent by adoption or a step-
parent. 
(4) The Armed Forces responded to the Executive 
order by systematically discharging any woman in 
the Armed Forces who became pregnant. 
(5) The Armed Forces were required to offer 
women who were involuntarily separated or dis-
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406 
charged due to pregnancy the opportunity to request 
retention in the military. 
(6) The Armed Forces may not have provided re-
quired separation benefits, counseling, or assistance to 
the members of the Armed Forces who were separated 
or discharged due to pregnancy. 
(7) Thousands of members of the Armed Forces 
were involuntarily separated or discharged from the 
Armed Forces as a result of pregnancy. 
(8) Such involuntary separation or discharge 
from the Armed Forces on the basis of pregnancy was 
challenged in Federal district court by Stephanie 
Crawford in 1975, whose legal argument stated that 
this practice violated her constitutional right to due 
process of law. 
(9) The Court of Appeals for the Second Circuit 
ruled in Stephanie Crawford’s favor in 1976 and 
found that Executive Order 10240 and any regula-
tions relating to the Armed Forces that made separa-
tion or discharge mandatory due to pregnancy were 
unconstitutional. 
(10) By 1976, all regulations that permitted in-
voluntary separation or discharge of a member of the 
Armed Forces because of pregnancy or any form of 
parenthood were rescinded. 
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(11) Today, women comprise 17 percent of the 
Armed Forces, and many are parents, including 12 
percent of whom are single parents. 
(12) While military parents face many hard-
ships, today’s Armed Forces provide various lengths of 
paid family leave for mothers and fathers, for both 
birth and adoption of children. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that women who served in the Armed Forces before Feb-
ruary 23, 1976, should not have been involuntarily sepa-
rated or discharged due to pregnancy or parenthood. 
Subtitle D—Recruitment and 
Retention 
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE IN-
FORMATION REGARDING PROSPECTIVE RE-
CRUITS. 
(a) TREATMENT OF PERSONALLY IDENTIFIABLE IN-
FORMATION.—Section 503(a) of title 10, United States 
Code, is amended adding at the end the following new para-
graphs: 
‘‘(3) PII regarding a prospective recruit collected 
or compiled under this subsection shall be kept con-
fidential, and a person who has had access to such 
PII may not disclose the information except for pur-
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poses of this section or other purpose authorized by 
law. 
‘‘(4) In the course of conducting a recruiting 
campaign, the Secretary concerned shall— 
‘‘(A) notify a prospective recruit of data 
collection policies of the armed force concerned; 
and 
‘‘(B) permit the prospective recruit to elect 
not to participate in such data collection. 
‘‘(5) In this subsection, the term ‘PII’ means per-
sonally identifiable information.’’. 
(b) PILOT PROGRAM ON RECRUITING.— 
(1) AUTHORITY.—The Secretary of Defense may 
conduct a pilot program (such a program shall be re-
ferred to as a ‘‘Military Recruiting Modernization 
Program’’) to evaluate the feasibility and effectiveness 
of collecting and using PRI with modern technologies 
to allow the Secretary to more effectively and effi-
ciently use recruiting resources. 
(2) TREATMENT OF PROSPECTIVE RECRUIT IN-
FORMATION.—PRI collected under a pilot program 
under this subsection— 
(A) may be used by the Armed Forces and 
entities into which the Secretary has entered into 
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an agreement regarding military recruitment 
only for purposes of military recruitment; 
(B) shall be kept confidential. 
(C) may not be maintained more than three 
years after collection; and 
(3) OPT-OUT.—A pilot program under this sub-
section may allow a prospective recruit to opt-out of 
the collection of PRI regarding such prospective re-
cruit. 
(4) TERMINATION.—Any such pilot program 
shall terminate three years after implementation. 
(5) INTERIM BRIEFING.—Not later than 90 days 
after the implementing a pilot program under this 
subsection, the Secretary shall provide to the Commit-
tees on Armed Services of the Senate and the House 
of Representatives a briefing on the pilot program. 
Such briefing shall include the following: 
(A) The definition, prescribed by the Sec-
retary, of PRI. 
(B) How the Secretary intends to handle 
privacy concerns related to the collection of PRI. 
(C) Legal concerns over the collection, use, 
and maintenance of PRI. 
(6) FINAL REPORT.—Not later than 120 days 
after the completion of a pilot program under this 
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subsection, the Under Secretary of Defense for Per-
sonnel and Readiness shall submit to the Committees 
on Armed Services of the Senate and the House of 
Representatives a report on the pilot program. Such 
report shall include the following: 
(A) A summary of whether and how the 
pilot program modernized recruiting efforts. 
(B) A description of any efficiencies identi-
fied under the pilot program. 
(C) Any violations of privacy laws arising 
from the pilot program. 
(D) Legislative recommendations of the 
Under Secretary arising from this pilot pro-
gram. 
(7) DEFINITIONS.—In this section: 
(A) The term ‘‘PRI’’ means information, 
prescribed by the Secretary of Defense, regarding 
a prospective recruit. 
(B) The term ‘‘prospective recruit’’ means 
an individual who is eligible to join the Armed 
Forces and is— 
(i) 17 years of age or older; or 
(ii) in the eleventh grade (or its equiv-
alent) or higher. 
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SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AU-
THORITY FOR TARGETED RECRUITMENT IN-
CENTIVES. 
Section 522(h) of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
503 note) is— 
(1) is revived to read as it did immediately be-
fore its expiration on December 31, 2020; and 
(2) is amended— 
(A) by striking the semicolon and inserting 
a comma; and 
(B) by striking ‘‘2020’’ and inserting 
‘‘2025’’. 
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN 
ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this act, the Secretary 
of Defense, in coordination with the Secretaries of the mili-
tary departments, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port on recruiting efforts of the covered Armed Forces. 
(b) ELEMENTS.—The report shall contain, with re-
gards to the covered Armed Forces during fiscal years 2018 
through 2022, the following elements: 
(1) A comparison of— 
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(A) the number of active duty enlistments 
from each geographic region; 
(B) the number of recruiters stationed in 
each geographic region; and 
(C) advertising dollars spent in each geo-
graphic region, including annual numbers and 
averages. 
(2) A comparison of the number of active duty 
enlistments produced by each recruiting battalion, re-
cruiting district, or recruiting region, the number of 
recruiters stationed in each battalion, and advertising 
dollars spent in support of each battalion, including 
annual numbers and averages. 
(3) An analysis of the geographic dispersion of 
enlistments by military occupational specialty. 
(4) An analysis of the amount of Federal funds 
spent on advertising per active duty enlistment by re-
cruiting battalion, recruiting district, or recruiting 
region, and a ranked list of those battalions from 
most efficient to least efficient. 
(5) A comparison of the race, religion, sex, edu-
cation levels, military occupational specialties, and 
waivers for enlistment granted to enlistees by geo-
graphic region and recruiting battalion, recruiting 
district, or recruiting region of responsibility. 
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(6) An assessment of obstacles that recruiters face 
in the field, including access to schools and adminis-
trative support. 
(7) Efforts the Secretary of the military depart-
ment concerned is taking to mitigate obstacles de-
scribed in paragraph (6). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means an 
Armed Force under the jurisdiction of the Secretary 
of a military department. 
(2) The term ‘‘geographic region’’ means a re-
gion used for the 2020 decennial census. 
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Not later that September 30, 2023, 
the Comptroller General of the United States, in consulta-
tion with experts determined by the Secretary of Defense, 
shall evaluate the marketing and recruiting efforts of the 
Department of Defense to determine how to use social media 
and other technology platforms to convey to young people 
the opportunities and benefits of service in the covered 
Armed Forces. 
(b) COVERED ARMED FORCE DEFINED.—In this sec-
tion, the term ‘‘covered Armed Force’’ means the following: 
(1) The Army. 
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(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force. 
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUIT-
MENT ADVERTISING TO RACIAL AND ETHNIC 
MINORITY COMMUNITIES. 
Not later than June 1, 2023, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the efforts of the Department of Defense to increase 
marketing and advertising to adequately reach racial and 
ethnic minority communities. 
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUIT-
MENT PRACTICES IN PUBLIC SECONDARY 
SCHOOLS. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on military recruitment practices 
in public secondary schools during calendar years 2018 
through 2022, including— 
(1) the zip codes of public secondary schools vis-
ited by military recruiters; and 
(2) the number of recruits from public secondary 
schools by zip code and local education agency. 
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SEC. 537. BEST PRACTICES FOR THE RETENTION OF CER-
TAIN FEMALE MEMBERS OF THE ARMED 
FORCES. 
The Secretaries of the military departments shall share 
and implement best practices regarding the use of retention 
and exit survey data to identify barriers and lessons learned 
to improve the retention of female members of the Armed 
Forces under the jurisdiction of such Secretaries. 
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF 
SPECIAL OPERATIONS FORCES. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall direct the covered officials to review (and, if a covered 
official determines it necessary, update guidance and proc-
esses) matters described in section 167(e)(2)(J) of title 10, 
United States Code. The covered officials shall complete 
such review (and update) not later than 180 days after the 
date of the enactment of this Act. 
(b) ELEMENTS OF REVIEW.—The review and updates 
under subsection (a) shall address the respective roles of the 
military departments and the United States Special Oper-
ations Command with respect to the following: 
(1) Coordination between special operations com-
mand and the military departments regarding re-
cruiting and retention to ensure that personnel re-
quirements of special operations forces and the mili-
tary departments are met appropriately. 
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(2) Opportunities for members of special oper-
ations forces to enroll in professional military edu-
cation. 
(3) Promotion opportunities for members of spe-
cial operations forces and an assessment of whether 
such opportunities are adequate to fulfill staffing re-
quirements of special operations forces. 
(4) Data sharing between the military depart-
ments and special operations command with respect 
to special operations forces personnel. 
(5) Any other matter the Secretary of Defense de-
termines appropriate. 
(c) REPORT REQUIRED.—Not later than 90 days after 
completing the review (and any updates) under subsection 
(a), the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representa-
tives a report on such review and any resulting updates 
to guidance and processes. The report shall also include any 
recommendations of the Secretary regarding matters de-
scribed in subsection (a) or (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered officials’’ means— 
(A) the Secretaries of the military depart-
ments; 
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(B) the Assistant Secretary of Defense for 
Special Operations and Low Intensity Conflict; 
and 
(C) the Commander of special operations 
command. 
(2) The term ‘‘special operations command’’ has 
the meaning given that term in section 167(a) of title 
10, United States Code. 
(3) The term ‘‘special operations forces’’ means 
the forces described in section 167(j) of title 10, 
United States Code. 
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES 
REGARDING REMOTELY PILOTED AIRCRAFT: 
STUDY; REPORT. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study to identify opportunities to provide more support 
services to, and greater recognition of combat accomplish-
ments of, RPA crew. Such study shall identify the following 
with respect to each covered Armed Force: 
(1) Safety policies applicable to crew of tradi-
tional aircraft that apply to RPA crew. 
(2) Personnel policies, including crew staffing 
and training practices, applicable to crew of tradi-
tional aircraft that apply to RPA crew. 
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(3) Metrics the Secretaries of the military de-
partments use to evaluate the health of RPA crew. 
(4) Incentive pay, retention bonuses, promotion 
rates, and career advancement opportunities for RPA 
crew. 
(5) Combat zone compensation available to RPA 
crew. 
(6) Decorations and awards for combat available 
to RPA crew. 
(7) Mental health care available to crew of tradi-
tional aircraft and RPA crew who conduct combat 
operations. 
(8) Whether RPA crew receive post-separation 
health (including mental health) care equivalent to 
crew of traditional aircraft. 
(9) An explanation of any difference under para-
graph (8). 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the fol-
lowing: 
(1) The results of the study conducted under this 
section. 
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(2) Any policy recommendations of the Secretary 
regarding such results. 
(3) Progress made by the Secretary of the Air 
Force in implementing the recommendations of the 
Comptroller General of the United States in the fol-
lowing reports: 
(A) GAO-19-155, titled ‘‘Unmanned Aerial 
Systems: Air Force Pilot Promotion Rates Have 
Increased but Oversight Process of Some Posi-
tions Could Be Enhanced’’. 
(B) GAO-20-320, titled ‘‘Unmanned Aerial 
Systems: Air Force Should Take Additional 
Steps to Improve Aircrew Staffing and Sup-
port’’. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means an 
Armed Force under the jurisdiction of the Secretary 
of a military department. 
(2) The term ‘‘RPA crew’’ means members of 
covered Armed Forces who perform duties relating to 
remotely piloted aircraft. 
(3) The term ‘‘traditional aircraft’’ means fixed 
or rotary wing aircraft operated by an onboard pilot. 
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SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS 
OF THE ARMY WHO SPECIALIZE IN AIR AND 
MISSILE DEFENSE SYSTEMS. 
(a) STUDY.—The Comptroller General of the United 
States shall study efforts to retain and recruit members 
with military occupational specialties regarding air and 
missile defense systems of the Army. 
(b) INTERIM BRIEFING.—Not later than 180 days after 
the date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a briefing on the 
status of the study. 
(c) FINAL REPORT.—Not later than 18 months after 
the date of the enactment of this Act, the Comptroller Gen-
eral shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report that iden-
tifies steps the Secretary of the Army may take to improve 
such retention and recruitment. 
Subtitle E—Military Justice and 
Other Legal Matters 
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL 
COUNSEL. 
(a) DEFINITION OF COVERED OFFENSE.— 
(1) IN GENERAL.—Section 801(17)(A) of title 10, 
United States Code (article 1(17)(A) of the Uniform 
Code of Military Justice), as added by section 533 of 
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the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81; 135 Stat. 1695), is 
amended by striking ‘‘section 920 (article 120)’’ and 
inserting ‘‘section 919a (article 119a), section 920 
(article 120), section 920a (article 120a)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect immediately after 
the coming into effect of the amendments made by sec-
tion 533 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1695) as provided in section 539C of that Act (10 
U.S.C. 801 note) and shall apply with respect to of-
fenses that occur after that date. 
(b) INCLUSION OF SEXUAL HARASSMENT AS COVERED 
OFFENSE.— 
(1) IN GENERAL.—Section 801(17)(A) of title 10, 
United States Code (article 1(17)(A) of the Uniform 
Code of Military Justice), as added by section 533 of 
the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81; 135 Stat. 1695) and 
amended by subsection (a) of this section, is further 
amended— 
(A) by striking ‘‘or’’; and 
(B) by striking ‘‘of this title’’ and inserting 
‘‘, or the standalone offense of sexual harassment 
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punishable under section 934 (article 134) of this 
title in each instance in which a formal com-
plaint is made and such formal complaint is 
substantiated in accordance with regulations 
prescribed by the Secretary concerned’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on January 1, 
2025, and shall apply with respect to offenses that 
occur after that date. 
(c) RESIDUAL PROSECUTORIAL DUTIES AND OTHER 
JUDICIAL FUNCTIONS OF CONVENING AUTHORITIES IN COV-
ERED CASES.—The President shall prescribe regulations to 
ensure that residual prosecutorial duties and other judicial 
functions of convening authorities, including granting im-
munity, ordering depositions, and hiring experts, with re-
spect to charges and specifications over which a special trial 
counsel exercises authority pursuant to section 824a of title 
10, United States Code (article 24a of the Uniform Code 
of Military Justice) (as added by section 531 of the Na-
tional Defense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81; 135 Stat. 1692)), are transferred to the 
military judge, the special trial counsel, or other authority 
as appropriate in such cases by no later than the effective 
date established in section 539C of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117–81; 
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10 U.S.C. 801 note), in consideration of due process for all 
parties involved in such a case. 
(d) AMENDMENT TO THE RULES FOR COURTS-MAR-
TIAL.—The President shall prescribe in regulation such 
modifications to Rule 813 of the Rules for Courts-Martial 
and other Rules as appropriate to ensure that at the begin-
ning of each court-martial convened, the presentation of or-
ders does not in open court specify the name, rank, or posi-
tion of the convening authority convening such court, unless 
such convening authority is the Secretary concerned, the 
Secretary of Defense, or the President. 
(e) BRIEFING REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a brief-
ing on the progress of the Department of Defense in imple-
menting this section, including an identification of— 
(1) the duties to be transferred under subsection 
(c); 
(2) the positions to which those duties will be 
transferred; and 
(3) any provisions of law or Rules for Courts 
Martial that must be amended or modified to fully 
complete the transfer. 
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(f) ADDITIONAL REPORTING RELATING TO IMPLEMEN-
TATION OF SUBTITLE D OF TITLE V OF THE NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022.—Not 
later than February 1, 2025, and annually thereafter for 
five years, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House of 
Representatives a report assessing the holistic effect of the 
reforms contained in subtitle D of title V of the National 
Defense Authorization Act for Fiscal Year 2022 (Public 
Law 117–81) on the military justice system. The report 
shall include the following elements: 
(1) An overall assessment of the effect such re-
forms have had on the military justice system and the 
maintenance of good order and discipline in the 
ranks. 
(2) The percentage of caseload and courts-mar-
tial assessed as meeting, or having been assessed as 
potentially meeting, the definition of ‘‘covered offense’’ 
under section 801(17) of title 10, United States Code 
(article 1(17) of the Uniform Code of Military Jus-
tice) (as added by section 533 of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 
117–81; 135 17 Stat. 1695)), disaggregated by offense 
and military service where possible. 
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(3) An assessment of prevalence and data con-
cerning disposition of cases by commanders after dec-
lination of prosecution by special trial counsel, 
disaggregated by offense and military service when 
possible. 
(4) Assessment of the effect, if any, the reforms 
contained in such subtitle have had on non-judicial 
punishment concerning covered and non-covered of-
fenses. 
(5) A description of the resources and personnel 
required to maintain and execute the reforms made 
by such subtitle during the reporting period relative 
to fiscal year 2022. 
(6) A description of any other factors or matters 
considered by the Secretary to be important to a ho-
listic assessment of those reforms on the military jus-
tice system. 
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL 
TRIAL COUNSEL. 
(a) TECHNICAL CORRECTIONS.—Section 824a(c)(3) of 
title 10, United States Code (article 24a(c)(3) of the Uni-
form Code of Military Justice), is amended— 
(1) by striking ‘‘Subject to paragraph (4)’’ and 
inserting ‘‘Subject to paragraph (5)’’; and 
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(2) in subparagraph (D), by striking ‘‘an or-
dered rehearing’’ and inserting ‘‘an authorized re-
hearing’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by section 531 of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1692) as provided in section 
539C of that Act (10 U.S.C. 801 note). 
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS. 
(a) IN GENERAL.—Section 825(e) of title 10, United 
States Code (article 25(e) of the Uniform Code of Military 
Justice), is amended by adding at the end the following new 
paragraph: 
‘‘(4) When convening a court-martial, the convening 
authority shall detail as members thereof members of the 
armed forces under such regulations as the President may 
prescribe for the randomized selection of qualified personnel, 
to the maximum extent practicable.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date that is two years 
after the date of the enactment of this Act and shall apply 
with respect to courts-martial convened on or after that ef-
fective date. 
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(c) REGULATIONS.—Not later than the effective date 
specified in subsection (b), the President shall prescribe reg-
ulations implementing the requirement under paragraph 
(4) of section 825(e) of title 10, United States Code (article 
25(e) of the Uniform Code of Military Justice), as added 
by subsection (a) of this section. 
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL AP-
PEALS. 
(a) WAIVER OF RIGHT TO APPEAL; WITHDRAWAL OF 
APPEAL.—Section 861(d) of title 10, United States Code 
(article 61(d) of the Uniform Code of Military Justice), is 
amended by striking ‘‘A waiver’’ and inserting ‘‘Except as 
provided by section 869(c)(2) of this title (article 69(c)(2)), 
a waiver’’. 
(b) JURISDICTION.—Section 866 of title 10, United 
States Code (article 66 of the Uniform Code of Military Jus-
tice), is amended— 
(1) in subsection (b)(1), by striking ‘‘shall have 
jurisdiction over’’ and all that follows through the pe-
riod at the end of subparagraph (D) and inserting the 
following: ‘‘shall have jurisdiction over— 
‘‘(A) a timely appeal from the judgment of a 
court-martial, entered into the record under section 
860c(a) of this title (article 60c(a)), that includes a 
finding of guilty; and 
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‘‘(B) a summary court-martial case in which the 
accused filed an application for review with the Court 
under section 869(d)(1) of this title (article 69(d)(1)) 
and for which the application has been granted by the 
Court.’’; and 
(2) in subsection (c), by striking ‘‘is timely if’’ 
and all that follows through the period at the end of 
paragraph (2) and inserting the following: ‘‘is timely 
if— 
‘‘(1) in the case of an appeal under subpara-
graph (A) of such subsection, it is filed before the later 
of— 
‘‘(A) the end of the 90-day period beginning 
on the date the accused is provided notice of ap-
pellate rights under section 865(c) of this title 
(article 65(c)); or 
‘‘(B) the date set by the Court of Criminal 
Appeals by rule or order; and 
‘‘(2) in the case of an appeal under subpara-
graph (B) of such subsection, an application for re-
view with the Court is filed not later than the earlier 
of the dates established under section 869(d)(2)(B) of 
this title (article 69(d)(2)(B)).’’. 
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(c) REVIEW BY JUDGE ADVOCATE GENERAL.—Section 
869 of title 10, United States Code (article 69 of the Uni-
form Code of Military Justice), is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—Upon application by the accused 
or receipt of the record pursuant to section 864(c)(3) of this 
title (article 64(c)(3)) and subject to subsections (b), (c), 
and (d), the Judge Advocate General may— 
‘‘(1) with respect to a summary court-martial, 
modify or set aside, in whole or in part, the findings 
and sentence; or 
‘‘(2) with respect to a general or special court- 
martial, order such court-martial to be reviewed 
under section 866 of this title (article 66).’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ before ‘‘To qualify’’; 
and 
(B) by striking ‘‘not later than one year 
after’’ and all that follows through the period at 
the end and inserting the following: ‘‘not later 
than— 
‘‘(A) for a summary court-martial, one year 
after the date of completion of review under section 
864 of this title (article 64); or 
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‘‘(B) for a general or special court-martial, one 
year after the end of the 90-day period beginning on 
the date the accused is provided notice of appellate 
rights under section 865(c) of this title (article 65(c)), 
unless the accused submitted a waiver or withdrawal 
of appellate review under section 861 of this title (ar-
ticle 61) before being provided notice of appellate 
rights, in which case the application must be sub-
mitted to the Judge Advocate General not later than 
one year after the entry of judgment under section 
860c of this title (article 60c). 
‘‘(2) The Judge Advocate General may, for good cause 
shown, extend the period for submission of an application, 
except that— 
‘‘(A) in the case of an application for review of 
a summary court martial, the Judge Advocate may 
not consider an application submitted more than 
three years after the completion date referred to in 
paragraph (1)(A); and 
‘‘(B) in case of an application for review of a 
general or special court-martial, the Judge Advocate 
may not consider an application submitted more than 
three years after the end of the applicable period 
under paragraph (1)(B).’’; 
(3) in subsection (c)— 
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(2) any matter that was submitted before the 
date of the enactment of this Act to a Judge Advocate 
General under section 869 of such title (article 69 of 
the Uniform Code of Military Justice). 
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT 
OF THE AIR FORCE. 
(a) IN GENERAL.—Section 1044f of title 10, United 
States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘The policies shall’’ and 
inserting ‘‘Subject to subsection (c), the policies 
shall’’; 
(2) by redesignating subsection (c) as subsection 
(d); and 
(3) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF 
THE AIR FORCE.—In establishing policies under subsection 
(a), the Secretary of Defense shall— 
‘‘(1) in lieu of providing for separate offices for 
the Air Force and Space Force under subsection 
(a)(1), provide for the establishment of a single dedi-
cated office from which office the activities of the spe-
cial trial counsel of the Department of the Air Force 
shall be supervised and overseen; and 
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‘‘(2) in lieu of providing for separate lead spe-
cial trial counsels for the Air Force and Space Force 
under subsection (a)(2), provide for the appointment 
of one lead special trial counsel who shall be respon-
sible for the overall supervision and oversight of the 
activities of the special trial counsel of the Depart-
ment of the Air Force.’’. 
(b) EFFECTIVE DATE.—The amendments made sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by section 532 of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1694) as provided in section 
539C of that Act (10 U.S.C. 801 note). 
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HAR-
ASSMENT. 
(a) DEFINITIONS.—Subsection (e) of section 1561 of 
title 10, United States Code, as amended by section 543 
of the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81; 135 Stat. 1709), is amended to 
read as follows: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘independent investigator’ means 
a civilian employee of the Department of Defense or 
a member of the Army, Navy, Marine Corps, Air 
Force, or Space Force who— 
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‘‘(A) is outside the immediate chain of com-
mand of the complainant and the subject of the 
investigation; and 
‘‘(B) is trained in the investigation of sex-
ual harassment, as determined by— 
‘‘(i) the Secretary of Defense, in the 
case of a civilian employee of the Depart-
ment of Defense; 
‘‘(ii) the Secretary of the Army, in the 
case of a member of the Army; 
‘‘(iii) the Secretary of the Navy, in the 
case of a member of the Navy or Marine 
Corps; or 
‘‘(iv) the Secretary of the Air Force, in 
the case of a member of the Air Force or 
Space Force. 
‘‘(2) The term ‘sexual harassment’ means con-
duct that constitutes the offense of sexual harassment 
as punishable under section 934 of this title (article 
134) pursuant to the regulations prescribed by the 
Secretary of Defense for purposes of such section (ar-
ticle).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by section 543 of the 
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National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1709) as provided in sub-
section (c) of that section. 
SEC. 547. PRIMARY PREVENTION RESEARCH AGENDA AND 
WORKFORCE. 
(a) ANNUAL PRIMARY PREVENTION RESEARCH AGEN-
DA.—Section 549A(c) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1722) is amended— 
(1) by redesignating paragraphs (2), (3), and (4) 
as paragraphs (5), (6), and (7), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) include a focus on whether and to what ex-
tent sub-populations of the military community may 
be targeted for interpersonal violence more than oth-
ers; 
‘‘(3) seek to identify factors that influence the 
prevention, perpetration, and victimization of inter-
personal and self-directed violence; 
‘‘(4) seek to improve the collection and dissemi-
nation of data on hazing and bullying related to 
interpersonal and self-directed violence;’’; and 
(3) by amending paragraph (6), as redesignated 
by paragraph (1) of this section, to read as follows: 
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‘‘(6) incorporate collaboration with other Federal 
departments and agencies, including the Department 
of Health and Human Services and the Centers for 
Disease Control and Prevention, State governments, 
academia, industry, federally funded research and de-
velopment centers, nonprofit organizations, and other 
organizations outside of the Department of Defense, 
including civilian institutions that conduct similar 
data-driven studies, collection, and analysis; and’’. 
(b) PRIMARY
PREVENTION
WORKFORCE.—Section 
549B of the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81; 135 Stat. 1722) is amend-
ed— 
(1) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘sub-
section (a)’’ and inserting ‘‘paragraph (1)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) COMPTROLLER
GENERAL
REPORT.—Not 
later than one year after the date of the enactment of 
this paragraph, the Comptroller General of the United 
States shall submit to the congressional defense com-
mittees a report that— 
‘‘(A) compares the sexual harassment and 
prevention training of the Department of Defense 
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with similar programs at other departments and 
agencies of the Federal Government; and 
‘‘(B) includes relevant data collected by col-
leges and universities and other relevant outside 
entities on hazing and bullying and inter-
personal and self-directed violence.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) INCORPORATION OF RESEARCH AND FINDINGS.— 
The Secretary of Defense shall ensure that the findings and 
conclusions from the primary prevention research agenda 
established under section 549A are regularly incorporated, 
as appropriate, within the primary prevention workforce 
established under subsection (a).’’. 
SEC. 548. LIMITATION ON AVAILABILITY OF FUNDS FOR RE-
LOCATION OF ARMY CID SPECIAL AGENT 
TRAINING COURSE. 
(a) LIMITATION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
fiscal year 2023 for the Army may be obligated or expended 
to relocate an Army CID special agent training course 
until— 
(1)(A) the Secretary of the Army submits to the 
Committees on Armed Services of the Senate and the 
House of Representatives— 
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(i) the evaluation and plan required by sub-
section (a) of section 549C of the National De-
fense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1724); 
(ii) the implementation plan required by 
subsection (b) of such section; and 
(iii) a separate report on any plans of the 
Secretary to relocate an Army CID special agent 
training course, including an explanation of the 
business case for any transfer of training per-
sonnel proposed as part of such plan; 
(B) the Secretary provides to the Committee on 
Armed Services of the House of Representatives a 
briefing on the contents of each report specified in 
subparagraph (A); and 
(C) a period of 90 days has elapsed following the 
briefing under subparagraph (B); and 
(2) the Secretary submits a written certification 
to the Committees on Armed Services of the Senate 
and the House of Representatives indicating that the 
Army has fully complied with subsection (c) of section 
549C of the National Defense Authorization Act for 
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1724) with regard to locations at which military 
criminal investigative training is conducted. 
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(b) DEFINITIONS.—In this section: 
(1) The term ‘‘relocate’’, when used with respect 
to an Army CID special agent training course, means 
the transfer of such course to a location different than 
the location used for such course as of the date of the 
enactment of this Act. 
(2) The term ‘‘Army CID special agent training 
course’’ means a training course provided to members 
of the Army to prepare such members for service as 
special agents in the Army Criminal Investigation 
Division. 
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES 
OF THE ARMY AND CERTAIN OTHER ORGANI-
ZATIONS. 
(a) REVIEW OF TITLING AN INDEXING DECISIONS.— 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of the Army shall review the case 
file of each member or former member of the Army, the 
Army Reserve, or the Army National Guard who was titled 
or indexed in connection with the Guard Recruiting Assist-
ance Program, the Army Reserve Recruiting Assistance 
Program, or any related activity to determine the appro-
priateness of the titling or indexing decision that was made 
with respect to such member or former member. 
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(b) FACTORS TO BE CONSIDERED.—In reviewing a ti-
tling or indexing decision under subsection (a), the Sec-
retary of the Army shall consider— 
(1) the likelihood that the member or former 
member to whom the decision pertains will face future 
criminal prosecution or other adverse action on the 
basis of the facts in the record at the time of the re-
view; 
(2) the appropriate evidentiary standard to 
apply to the review of the decision; and 
(3) such other circumstances or factors as the 
Secretary determines are in the interest of equity and 
fairness. 
(c) NOTIFICATION AND APPEAL.— 
(1) IN GENERAL.—Upon the completion of each 
review under subsection (a), the Secretary of the 
Army shall notify the member or former member con-
cerned of such review, the disposition of the relevant 
instance of titling or indexing, and the mechanisms 
the member or former member may pursue to seek 
correction, removal, or expungement of that instance 
of titling or indexing. 
(2) NOTIFICATION OF NEXT OF KIN.—In a case 
in which a member or former member required to be 
notified under paragraph (1) is deceased, the Sec-
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