899 
(c) FLEXIBILITY
IN CONTRACTING AWARD PRO-
GRAM.—Section 834 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2285; 10 U.S.C. 1701a note) is repealed. 
SEC. 835. ACQUISITION WORKFORCE INCENTIVES RELAT-
ING TO TRAINING ON AND AGREEMENTS 
WITH CERTAIN SOFTWARE BUSINESSES. 
(a) TRAINING.— 
(1) CURRICULA.—Not later than one year after 
the date of the enactment of this Act, the head of 
the Acquisition Innovation Research Center shall de-
velop one or more curricula for members of the ac-
quisition workforce on financing and operations of 
start-up businesses, with a focus on covered start-up 
businesses. 
(2) ELEMENTS.—Courses under curricula devel-
oped under paragraph (1) shall be offered with vary-
ing course lengths and level of study. 
(3) INCENTIVES.—The Secretary of Defense 
shall develop a program to offer incentives to a 
member of the acquisition workforce that completes 
a curriculum developed under paragraph (1). 
(4) ADDITIONAL TRAINING MATERIALS.—In de-
veloping curricula required under paragraph (1), the 
head of the Acquisition Innovation Research Center
900 
shall consider and incorporate appropriate training 
materials from curricula in business, law, or public 
policy. 
(b) EXCHANGES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish a pilot program under which the Sec-
retary shall, in accordance with section 1599g of 
title 10, United States Code, arrange for the tem-
porary assignment of one or more members of the 
acquisition workforce to a covered start-up business, 
or from a covered start-up business to an office of 
the Department of Defense. 
(2) PRIORITY.—The Secretary shall prioritize 
for participation in the pilot program established 
under this subsection members of the acquisition 
workforce who have completed a curricula required 
under paragraph (1). 
(3) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
section after the date that is three years after the 
date of the enactment of this Act. 
(c) CONFERENCES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall organize a conference, to take place not less 
frequently than biannually, to facilitate discussion
901 
between participants listed in subsection (b) on the 
following: 
(A) Best practices relating to acquisition of 
software. 
(B) Methods of effective collaboration be-
tween such participants. 
(2) PARTICIPANTS.—Participants in a con-
ference organized under paragraph (1) may include 
the following: 
(A) Members of the acquisition workforce. 
(B) Employees of and investors in covered 
start-up businesses. 
(d) PILOT PROGRAM.— 
(1) ESTABLISHMENT.—Not later than 18 
months after the date of the enactment of this Act, 
the Secretary of Defense shall establish a pilot pro-
gram to test the feasibility of unique approaches to 
negotiating and establishing software data rights in 
agreements for the procurement of software. 
(2) AUTHORITY.—To the maximum extent 
practicable, the Secretary shall— 
(A) ensure that a member of the acquisi-
tion workforce who has completed a curricula 
required under subsection (a) is able to exercise
902 
authority to apply an approach described in 
paragraph (1); and 
(B) provide incentives to such member to 
exercise such authority. 
(3) ELEMENTS.—An agreement described in 
paragraph (1) shall include the following: 
(A) Flexible requirements relating to the 
acquisition or licensing of intellectual property 
based on the software to be acquired under the 
agreement. 
(B) An identification and definition of the 
technical interoperability standards required for 
such software. 
(C) Flexible mechanisms for delivery of 
code for such software, where each such mecha-
nism includes documentation of the costs and 
benefits of such mechanism. 
(4) PARAMETERS.—The United States shall 
seek to avoid asserting unlimited rights or govern-
ment purpose rights to software acquired under an 
agreement entered into pursuant to the pilot pro-
gram established under this section. 
(5) TERMINATION.—The Secretary may not 
carry out the pilot program authorized by this sub-
903 
section after the date that is 5 years after the date 
of the enactment of this Act. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Acquisition Innovation Research 
Center’’ means the acquisition research organization 
within a civilian college or university that is de-
scribed under section 4142(a) of title 10, United 
States Code. 
(2) The term ‘‘acquisition workforce’’ has the 
meaning given in section 101 of title 10, United 
States Code. 
(3) The term ‘‘covered start-up businesses’’ 
means a start-up business that is a party to, or is 
seeking to enter into, an agreement with the Depart-
ment of Defense, the products and services of which 
include software as a substantial component of the 
offer for such agreement. 
(4) The term ‘‘start-up business’’ means a busi-
ness that is not publicly traded and that has not 
been acquired by a prime contractor.
904 
Subtitle D—Provisions Relating to 
Software and Technology 
SEC. 841. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVE-
MENTS. 
Section 4025 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘that have’’ and inserting 
‘‘that—’’ 
‘‘(1) have’’; 
(B) by striking ‘‘Defense.’’ and inserting 
‘‘Defense; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) demonstrate management practices that 
improve the schedule or performance, reduce the 
costs, or otherwise support the transition of tech-
nology into acquisition programs or operational 
use.’’; 
(2) in subsection (b), by striking ‘‘of research 
results, technology developments, and prototypes’’; 
(3) in subsection (d), by striking ‘‘to acquire, 
support, or stimulate basic, advanced and applied re-
search, 
technology 
development, 
or 
prototype 
projects’’;
905 
(4) in subsection (f), by striking ‘‘section 2304’’ 
and inserting ‘‘chapter 221’’; and 
(5) in subsection (g)(2)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following new subparagraphs: 
‘‘(B) if applicable, a summary of the man-
agement practice that contributed to an im-
provement to schedule or performance or a re-
duction in cost relating to the transition of 
technology; 
‘‘(C) an identification of any program exec-
utive officer (as defined in section 1737 of this 
title) responsible for implementation or over-
sight of research results, technology develop-
ment, prototype development, or management 
practices (as applicable) for which an award 
was made under this section, and a brief sum-
mary of lessons learned by such program execu-
tive officer in carrying out such implementation 
or oversight;’’.
906 
SEC. 842. CONGRESSIONAL NOTIFICATION FOR PILOT PRO-
GRAM TO ACCELERATE THE PROCUREMENT 
AND 
FIELDING 
OF 
INNOVATIVE 
TECH-
NOLOGIES. 
Section 834 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1835; 10 U.S.C. 4061 note) is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
‘‘(f) CONGRESSIONAL
NOTIFICATION.—The Sec-
retary of Defense shall notify congressional defense com-
mittees within 30 days after funding has been provided 
for a proposal selected for an award under the pilot pro-
gram established under this section.’’. 
SEC. 843. CURRICULA ON SOFTWARE ACQUISITIONS AND 
CYBERSECURITY SOFTWARE OR HARDWARE 
ACQUISITIONS FOR COVERED INDIVIDUALS. 
(a) CURRICULA.—The President of the Defense Ac-
quisition University, shall develop training curricula re-
lated to software acquisitions and cybersecurity software 
or hardware acquisitions and offer such curricula to cov-
ered individuals to increase digital literacy related to such 
acquisitions by developing the ability of such covered indi-
viduals to use technology to identify, critically evaluate,
907 
and synthesize data and information related to such acqui-
sitions. 
(b) ELEMENTS.—Curricula developed pursuant to 
subsection (a) shall provide information on— 
(1) cybersecurity, information technology sys-
tems, computer networks, cloud computing, artificial 
intelligence, machine learning, distributed ledger 
technologies, and quantum technologies; 
(2) cybersecurity threats and capabilities; 
(3) operational efforts of United States Cyber 
Command to combat cyber threats; 
(4) 
mission 
requirements 
and 
current 
capabilites and systems of United States Cyber 
Command; 
(5) activities that encompass the full range of 
threat reduction, vulnerability reduction, deterrence, 
incident response, resiliency, and recovery policies 
and activities, including activities relating to com-
puter network operations, information assurance, 
military missions, and intelligence missions to the 
extent such activities relate to the security and sta-
bility of cyberspace; and 
(6) the industry best practices relating to soft-
ware acquisitions and cybersecurity software or 
hardware acquisitions.
908 
(c) PLAN.—Not later than 180 days after enactment 
of this Act, the Secretary of Defense, in consultation with 
the President of the Defense Acquisition University, shall 
submit to Congress a comprehensive plan to implement 
the curricula developed under subsection (a). Such plan 
shall include a list of resources required for and costs asso-
ciated with such implementation, including— 
(1) curriculum development; 
(2) hiring instructors to teach the curriculum; 
(3) facilities; or 
(4) website development. 
(d) IMPLEMENTATION.—Not later than one year 
after the date on which the plan described in subsection 
(d) is submitted to Congress, the President of the Defense 
Acquisition University shall offer the curricula developed 
under subsection (a) to covered individuals. 
(e) REPORT.—Not later than one year after the date 
on which the plan described in subsection (d) is submitted 
to Congress, Secretary of Defense, in consultation with the 
President of the Defense Acquisition University, shall sub-
mit to Congress a report assessing the costs and benefits 
of requiring all covered individuals to complete the cur-
ricula developed under subsection (a). 
(f) COVERED INDIVIDUALS DEFINED.—In this sec-
tion, the term ‘‘covered individuals’’ means—
909 
(1) a contracting officer of the Department of 
Defense with responsibilities are related to software 
acquisitions or cybersecurity software or hardware 
acquisitions; or 
(2) a individual serving in a position designated 
under section 1721(b) of title 10, United States 
Code, who is regularly consulted for software acqui-
sitions or cybersecurity software or hardware acqui-
sitions. 
SEC. 844. REPORT ON COVERED SOFTWARE DEVELOP-
MENT. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter 
through December 31, 2028, the Under Secretary of De-
fense for Acquisition and Sustainment, in consultation 
with the Chief Information Officer of the Department of 
Defense and the Chief Digital and Artificial Intelligence 
Officer, shall submit to the congressional defense commit-
tees a report on the following: 
(1) A description of covered software delivered 
during the fiscal year preceding the date of the re-
port that is being developed using iterative develop-
ment, including a description of the capabilities de-
livered for operational use.
910 
(2) For such covered software not developed 
using iterative development, an explanation for not 
using iterative development and a description of the 
development method used. 
(3) For each such covered software being devel-
oped using iterative development, the frequency with 
which capabilities of such covered software were de-
livered, disaggregated as follows: 
(A) Covered software for which capabilities 
were delivered during period of less than three 
months. 
(B) Covered software for which capabilities 
were delivered during period of more than three 
months and less than six months. 
(C) Covered software for which capabilities 
were delivered during period of more than six 
months and less than nine months. 
(D) Covered software for which capabilities 
were delivered during period of more than nine 
months and less than 12 months. 
(4) With respect to covered software described 
in paragraph (2) for which capabilities of such cov-
ered software were not delivered in fewer than 12 
months, an explanation of why such delivery was not 
possible.
911 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘Chief Digital and Artificial Intel-
ligence Officer’’ means— 
(A) the official designated as the Chief 
Digital and Artificial Intelligence Officer of the 
Department of Defense pursuant to the memo-
randum of the Secretary of Defense titled ‘‘Es-
tablishment of the Chief Digital and Artificial 
Intelligence Officer’’ dated December 8, 2021; 
or 
(B) if there is no official designated as 
such Officer, the official within the Office of the 
Secretary of Defense with primary responsi-
bility for digital and artificial intelligence mat-
ters. 
(2) The term ‘‘covered software’’ means soft-
ware that is being developed that— 
(A) was acquired using a software acquisi-
tion pathway established under section 800 of 
the National Defense Authorization Act for Fis-
cal Year 2020 (Public Law 116–92); 
(B) is a covered defense business system, 
as defined in section 2222(i) of title 10, United 
States Code;
912 
(C) is a major defense acquisition pro-
gram, as defined in section 4201 of such title; 
or 
(D) is a major system, as defined in sec-
tion 3041 of such title. 
(3) The term ‘‘iterative development’’ has the 
meaning given the term ‘‘agile or iterative develop-
ment’’ in section 891 of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 
115–91; 131 Stat. 1509; 10 U.S.C. 1746 note). 
SEC. 845. OTHER TRANSACTION AUTHORITY CLARIFICA-
TION. 
Section 4022 of title 10, United States Code, is 
amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘military personnel and the 
supporting’’ and inserting ‘‘personnel of the De-
partment of Defense or improving’’; and 
(B) by striking ‘‘or materials in use’’ and 
inserting ‘‘materials, or installations in use’’; 
and 
(2) in subsection (e), by adding at the end the 
following new paragraph: 
‘‘(3) The term ‘prototype project’ means a 
project that addresses—
913 
‘‘(A) a proof of concept, model, or process, 
including a business process; 
‘‘(B) reverse engineering to address obso-
lescence; 
‘‘(C) a pilot or novel application of com-
mercial technologies for defense purposes; 
‘‘(D) agile development activity, creation, 
design, development, or demonstration of oper-
ational utility; or 
‘‘(E) any combination of subparagraphs 
(A) through (D).’’. 
SEC. 846. EXISTING AGREEMENT LIMITS FOR OPERATION 
WARP SPEED. 
(a) IN GENERAL.—Any award made to a consortium 
under section 4022 of title 10, United States Code, by 
the Department of Defense on or after March 1, 2020, 
to address the COVID–19 pandemic through vaccines and 
other therapeutic measures using funds made available 
under a covered award shall not be counted toward any 
limit established prior to March 1, 2020, on the total esti-
mated amount of all projects to be issued for a specified 
fiscal year (except that such funds shall count toward 
meeting any guaranteed minimum value).
914 
(b) FOLLOW-ON CONTRACTS.—The Secretary of De-
fense may not award a follow-on contract, agreement, or 
grant for any award described in subsection (a)— 
(1) until the limit described in subsection (a) 
has been reached; 
(2) until the term of the award described in 
subsection (a) has expired; or 
(3) unless such follow-on contract, agreement, 
or grant is made accordance with the terms and con-
ditions of the award described in subsection (a). 
(c) COVERED AWARD DEFINED.—In this section, the 
term ‘‘covered award’’ means an award made in support 
of the efforts led by the Department of Health and 
Human Services and the Department of Defense, known 
as Operation Warp Speed, to accelerate the development, 
acquisition, and distribution of vaccines and other thera-
pies to address the COVID–19 pandemic, and any suc-
cessor efforts. 
Subtitle E—Industrial Base Matters 
SEC. 851. RECOGNITION OF AN ASSOCIATION OF ELIGIBLE 
ENTITIES 
THAT 
PROVIDE 
PROCUREMENT 
TECHNICAL ASSISTANCE. 
(a) REGULATIONS.—Section 4953 of title 10, United 
States Code, is amended by inserting ‘‘, and shall consult 
with an association recognized under section 4954(f) re-
915 
garding any revisions to such regulations’’ before the pe-
riod at the end. 
(b) COOPERATIVE AGREEMENTS.—Section 4954 of 
title 10, United States Code, is amended by adding at the 
end the following new subsections: 
‘‘(f) ASSOCIATION RECOGNITION AND DUTIES.—Eli-
gible entities that provide procurement technical assist-
ance pursuant to this chapter may form an association to 
pursue matters of common concern. If more than a major-
ity of such eligible entities are members of such an asso-
ciation, the Secretary shall— 
‘‘(1) recognize the existence and activities of 
such an association; and 
‘‘(2) jointly develop with such association a 
model cooperative agreement that may be used at 
the option of the Secretary and an eligible entity.’’. 
(c) FUNDING.—Section 4955(a)(1) of title 10, United 
States Code, is amended by striking ‘‘$1,000,000’’ and in-
serting ‘‘$1,500,000’’. 
(d) ADMINISTRATIVE
AND
OTHER
LOGISTICAL 
COSTS.—Section 4961 of title 10, United States Code, is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Director of the Defense Logistics Agency’’ 
and inserting ‘‘Secretary’’;
916 
(2) in paragraph (1), by striking ‘‘three’’ and 
inserting ‘‘four’’; and 
(3) in paragraph (2)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘Director’’ and insert-
ing ‘‘Secretary’’; and 
(ii) by striking ‘‘entities —’’ and in-
serting ‘‘entities—’’; and 
(B) in subparagraph (A), by inserting ‘‘, 
including meetings of an association recognized 
under section 4954(f),’’ after ‘‘meetings’’. 
SEC. 852. UPDATE TO PLAN ON REDUCTION OF RELIANCE 
ON SERVICES, SUPPLIES, OR MATERIALS 
FROM COVERED COUNTRIES. 
Section 847 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1843; 10 U.S.C. 4811 note) is amended— 
(1) in subsection (b), by adding at the end the 
following: ‘‘The report shall— 
‘‘(1) identify the services, supplies, or materials 
described in subsection (a) that are necessary to 
meet critical defense requirements in the event of a 
crisis or conflict;
917 
‘‘(2) assess the priority of such services, sup-
plies, and materials; and 
‘‘(3) provide options for reducing the reliance of 
the United States on services, supplies, or materials 
obtained from sources located in geographic areas 
controlled by covered countries.’’; 
(2) by redesignating subsection (c) as sub-
section (e); and 
(3) by inserting after subsection (b) the fol-
lowing new subsections: 
‘‘(c) BIENNIAL REVIEW.— 
‘‘(1) IN GENERAL.—Not later than two years 
after the date on which the Secretary of Defense 
submits the report under subsection (b), and every 
two years thereafter, the Secretary shall review and 
update the plan required under subsection (a) to en-
sure that the plan continues to accomplish the goals 
described in such subsection. 
‘‘(2) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 90 
days after the Secretary of Defense completes a 
review under paragraph (1), the Secretary shall 
submit to the congressional defense committees 
a report on such review, including—
918 
‘‘(i) a description of the steps taken to 
implement the plan required under sub-
section (a); 
‘‘(ii) a description of, and explanation 
for, any updates made to such plan under 
paragraph (1); and 
‘‘(iii) an updated assessment of the 
priority of the services, supplies, or mate-
rials described in subsection (a) that are 
necessary to meet critical defense require-
ments in the event of a crisis or conflict. 
‘‘(B) SUNSET.—This paragraph shall ter-
minate on the date that is six years after the 
date on which the Secretary submits the first 
report required under subparagraph (A). 
‘‘(d) REPORT FORM.—The reports required under 
subsection (b) and (c)(2) shall be submitted in an unclassi-
fied form, but may contain a classified annex.’’. 
SEC. 853. MODIFICATION TO PROHIBITION ON CERTAIN 
PROCUREMENTS 
FROM 
THE 
XINJIANG 
UYGHUR AUTONOMOUS REGION. 
Section 848(a) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
4651 note prec.; 135 Stat. 1843) is amended by striking 
‘‘for fiscal year 2022’’.
919 
SEC. 854. CODIFICATION OF THE DEPARTMENT OF DE-
FENSE MENTOR–PROTEGE PROGRAM. 
(a) IN GENERAL.—Section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (10 U.S.C. 
4901 note prec.) is transferred to subchapter I of chapter 
387 of title 10, United States Code, inserted after section 
4901, and redesignated as section 4902. 
(b) AMENDMENTS.—Section 4902 of title 10, United 
States Code, as so transferred and redesignated, is amend-
ed— 
(1) in the heading, by striking ‘‘MENTOR-PRO-
TEGE PILOT’’ and inserting ‘‘DEPARTMENT OF 
DEFENSE MENTOR-PROTEGE’’; 
(2) in subsections (a) and (c), by striking the 
term ‘‘pilot’’ each place it appears; 
(3) in subsection (d)(1)(B)(iii)— 
(A) 
in 
subclause 
(I), 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$25,000,000’’; 
and 
(B) in subclause (II), by striking ‘‘sub-
section (k)’’ and inserting ‘‘subsection (j)’’; 
(4) in subsection (e)(2), by striking ‘‘two years’’ 
each place it appears and inserting ‘‘three years’’; 
(5) in subsection (f)(1)(B), by inserting ‘‘manu-
facturing, test and evaluation,’’ after ‘‘inventory con-
trol,’’;
920 
(6) in subsection (g)(3)(C), by striking ‘‘sub-
section (k)’’ and inserting ‘‘subsection (j)’’; 
(7) by striking subsection (j); 
(8) by redesignating subsections (k) through 
(n) as subsections (j) through (m), respectively; 
(9) in subsection (j), as so redesignated— 
(A) by striking the term ‘‘pilot’’ each place 
it appears; 
(B) by striking ‘‘by which mentor firms’’ 
and inserting ‘‘by which the parties’’; and 
(C) by striking ‘‘The Secretary shall pub-
lish’’ and all that follows through ‘‘270 days 
after the date of the enactment of this Act.’’; 
(10) in subsection (l), as so redesignated, by 
striking ‘‘subsection (l)’’ and inserting ‘‘subsection 
(k)’’; 
(11) by amending subsection (m), as so redesig-
nated, to read as follows: 
‘‘(m) TRANSITION REPORT.—Not later than July 1, 
2023, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the implementa-
tion of the amendments to the Mentor-Protege Program 
made in the National Defense Authorization Act for Fiscal 
Year 2023, including the efforts made to establish per-
formance goals and outcome-based metrics and an evalua-
921 
tion of whether the Mentor-Protege Program is achieving 
such performance goals and outcome-based metrics.’’; and 
(12) by inserting after subsection (m), as so re-
designated, the following new subsection: 
‘‘(n) PROTEGE TECHNICAL REIMBURSEMENT PILOT 
PROGRAM.— 
‘‘(1) IN
GENERAL.—Not later than July 1, 
2023, the Director of the Office of Small Business 
Programs of the Department of Defense shall estab-
lish a pilot program under which a protege firm may 
receive up to 25 percent of the reimbursement for 
which the mentor firm of such protege firm is eligi-
ble under the Mentor-Protege Program for engineer-
ing, 
software 
development, 
or 
manufacturing 
customization that the protege firm must perform 
for a technology solution of the protege firm to be 
ready for integration with programs or systems of 
the Department of Defense. 
‘‘(2) TERMINATION.—The pilot program estab-
lished under paragraph (1) shall terminate on the 
date that is five years after the date on which the 
pilot program is established.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for subchapter I of chapter 387 of title 10, United States
922 
Code, is amended by adding at the end the following new 
item: 
‘‘4902. Department of Defense Mentor–Protege Program.’’. 
(d) CONFORMING AMENDMENT.— 
(1) BUY INDIAN ACT.—Section 23(a)(2) of the 
Act of June 25, 1910 (commonly known as the 
‘‘Buy Indian Act’’) (36 Stat. 861, 25 U.S.C. 
47(a)(2)) is amended by striking ‘‘section 831(c) of 
the National Defense Authorization Act for Fiscal 
Year 1991 (10 U.S.C. 2302 note; Public Law 101– 
510)’’ and inserting ‘‘section 4902(c) of title 10, 
United States Code’’. 
(2) SMALL BUSINESS ACT.—Section 8(d)(12) of 
the Small Business Act (15 U.S.C. 637(d)(12)) is 
amended— 
(A) by striking ‘‘the pilot Mentor-Protege 
Program established pursuant to section 831 of 
the National Defense Authorization Act for Fis-
cal Year 1991 (Public Law 101–510; 10 U.S.C. 
2301 note)’’ and inserting ‘‘the Mentor-Protege 
Program established under section 4902 of title 
10, United States Code,’’; and 
(B) by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsection (f)’’. 
(e) REGULATIONS.—Not later than December 31, 
2023, the Secretary of Defense shall issue regulations for
923 
carrying out section 4902 of title 10, United States Code, 
as amended by this section. 
(f) AGREEMENTS UNDER PILOT PROGRAM.—The 
amendments made by this section shall not apply with re-
spect to any agreement entered into under the program 
as established under section 831 of the National Defense 
Authorization Act for Fiscal Year 1991 (Public Law 101– 
510; 104 Stat. 1607) prior to the date of the enactment 
of this Act. 
SEC. 855. MICROLOAN PROGRAM; DEFINITIONS. 
Paragraph (11) of section 7(m) of the Small Business 
Act (15 U.S.C. 636(m)(11)) is amended— 
(1) in clause (ii) of subparagraph (C), by strik-
ing ‘‘rural’’ and all that follows to the end of the 
clause and inserting ‘‘rural;’’; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) the term ‘State’ means each of the 
several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Is-
lands of the United States, Guam, the Com-
monwealth of the Northern Mariana Islands, 
and American Samoa.’’.
924 
SEC. 856. SMALL BUSINESS INNOVATION PROGRAM EXTEN-
SION. 
Section 9 of the Small Business Act (15 U.S.C. 638) 
is amended by striking ‘‘2022’’ each place it appears and 
inserting ‘‘2024’’. 
SEC. 857. PROHIBITION ON COVERED AIRPORT CONTRACTS 
WITH CERTAIN ENTITIES. 
(a) IN GENERAL.—The Secretary of Defense may not 
award a contract for the procurement of infrastructure or 
equipment for a passenger boarding bridge at a covered 
airport to a covered contractor. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered airport’’ means a mili-
tary airport designated by the Secretary of Trans-
portation under section 47118(a) of title 49, United 
States Code. 
(2) The term ‘‘covered contractor’’ means a 
contractor of the Department of Defense— 
(A) that— 
(i) is owned, directed, or subsidized by 
the People’s Republic of China; and 
(ii) has been determined by a Federal 
court to have misappropriated intellectual 
property or trade secrets from an entity 
organized under the laws of the United
925 
States or any jurisdiction within the 
United States; and 
(B) that— 
(i) owns or controls, is owned or con-
trolled by, is under common ownership or 
control with, or is a successor to an entity 
described in subparagraph (A); or 
(ii) has entered into an agreement, 
partnership, or other contractual arrange-
ment with such an entity; or 
(iii) has accepted funding (regardless 
of whether such funding is in the form of 
minority investment interest or debt) from 
such an entity. 
SEC. 858. RISK MANAGEMENT FOR DEPARTMENT OF DE-
FENSE SUPPLY CHAINS. 
(a) RISK MANAGEMENT FOR ALL DEPARTMENT OF 
DEFENSE SUPPLY CHAINS.—Not later than 180 days 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Acquisition and Sustainment 
shall— 
(1) develop and issue implementing guidance 
for risk management for Department of Defense 
supply chains for materiel for the Department, in-
cluding pharmaceuticals;
926 
(2) identify, in coordination with the Commis-
sioner of Food and Drugs, supply chain information 
gaps regarding reliance on foreign suppliers of 
drugs, including active pharmaceutical ingredients 
and final drug products; and 
(3) submit to Congress a report regarding— 
(A) existing information streams, if any, 
that may be used to assess the reliance by the 
Department of Defense on high-risk foreign 
suppliers of drugs; 
(B) vulnerabilities in the drug supply 
chains of the Department of Defense; and 
(C) any recommendations to address— 
(i) information gaps identified under 
paragraph (2); and 
(ii) any risks related to such reliance 
on foreign suppliers. 
(b) RISK MANAGEMENT FOR DEPARTMENT OF DE-
FENSE PHARMACEUTICAL SUPPLY CHAIN.—The Director 
of the Defense Health Agency shall— 
(1) not later than one year after the issuance 
of the guidance required by subsection (a)(1), de-
velop and publish implementing guidance for risk 
management for the Department of Defense supply 
chain for pharmaceuticals; and
927 
(2) establish a working group— 
(A) to assess risks to the pharmaceutical 
supply chain; 
(B) to identify the pharmaceuticals most 
critical to beneficiary care at military treatment 
facilities; and 
(C) to establish policies for allocating 
scarce pharmaceutical resources in case of a 
supply disruption. 
(c) RESPONSIVENESS TESTING OF DEFENSE LOGIS-
TICS AGENCY PHARMACEUTICAL CONTRACTS.—The Di-
rector of the Defense Logistics Agency shall modify De-
fense 
Logistics 
Agency 
Instructions 
5025.03 
and 
3110.01— 
(1) to require Defense Logistics Agency Troop 
Support to coordinate annually with customers in 
the military departments to conduct responsiveness 
testing of the Defense Logistics Agency’s contin-
gency contracts for pharmaceuticals; and 
(2) to include the results of that testing, as re-
ported by customers in the military departments, in 
the annual reports of the Warstopper Program.
928 
SEC. 859. REVIEW OF ADVANCES IN DOMESTIC PRODUC-
TION OF CARBON FIBER. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of the Department of Defense car-
bon fiber requirements necessary for current and future 
weapon system production and sustainment, including— 
(1) an examination of the access to domestically 
produced carbon fiber to meet the requirements of 
the Department; and 
(2) a review of developments in advanced car-
bon fiber production processes that can— 
(A) lower embedded energy consumption 
and improve sustainability; 
(B) enable scalable production of carbon 
fiber and lower production costs; and 
(C) enhance competition and resilience in 
the United States industrial base. 
(b) REPORT.—Not later than June 1, 2023, the Sec-
retary of Defense shall provide to the congressional de-
fense committees a report of the findings of the review 
described in subsection (a), including any recommenda-
tions the Secretary may have for ensuring the Department 
of Defense access to sustainable, affordable, and domesti-
cally produced carbon fiber.
929 
SEC. 859A. EXTENSION OF TRANSFER DATE FOR THE 
VERIFICATION OF SMALL BUSINESS CON-
CERNS OWNED AND CONTROLLED BY VET-
ERANS OR SERVICE-DISABLED VETERANS TO 
THE SMALL BUSINESS ADMINISTRATION. 
Section 862(a) of the National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 
657f) by striking ‘‘means’’ and all that follows through 
the period at the end and inserting ‘‘means January 1, 
2024.’’. 
SEC. 859B. APPLICATION OF PRICE EVALUATION PREF-
ERENCE FOR QUALIFIED HUBZONE SMALL 
BUSINESS 
CONCERNS 
TO 
CERTAIN 
CON-
TRACTS. 
(a) IN GENERAL.—Section 31(c)(3) of the Small 
Business Act (15 U.S.C. 657a(c)(3)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(E) APPLICATION
TO
CERTAIN
CON-
TRACTS.—The requirements of subparagraph 
(A) shall apply to an unrestricted order issued 
under an unrestricted multiple award contract 
or the unrestricted portion of a contract that is 
partially set aside for competition restricted to 
small business concerns.’’. 
(b) RULEMAKING.—Not later than 90 days after the 
date of the enactment of this section, the Administrator
930 
of the Small Business Administration shall revise any rule 
or guidance to implement the requirements of this section. 
SEC. 859C. CODIFICATION OF SMALL BUSINESS ADMINIS-
TRATION SCORECARD. 
(a) IN GENERAL.—Section 868(b) of the National 
Defense Authorization Act for Fiscal Year 2016 (15 
U.S.C. 644 note) is transferred to section 15 of the Small 
Business Act (15 U.S.C. 644), inserted after subsection 
(x), redesignated as subsection (y), and amended— 
(1) by striking paragraphs (1), (6), and (7); 
(2) by redesignating paragraph (2), (3), and (4) 
as paragraphs (1), (2), and (3), respectively; 
(3) by redesignating paragraph (8) as para-
graph (6); 
(4) in paragraph (1) (as so redesignated), by 
striking ‘‘Beginning in’’ and all that follows through 
‘‘to evaluate’’ and inserting ‘‘The Administrator 
shall use a scorecard to annually evaluate’’; 
(5) in paragraph (2) (as so redesignated)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘developed under para-
graph (1)’’; and 
(ii) by inserting ‘‘and Government-
wide’’ after ‘‘each Federal agency’’; and
931 
(B) in subparagraph (A), by striking ‘‘sec-
tion 15(g)(1)(B) of the Small Business Act (15 
U.S.C. 644(g)(1)(B))’’ and inserting ‘‘sub-
section (g)(1)(B)’’; 
(6) in paragraph (3) (as so redesignated)— 
(A) in subparagraph (A), by striking 
‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph 
(2)(A)’’; and 
(B) in subparagraph (B), by striking 
‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(2)’’; 
(7) by inserting after paragraph (3) (as so re-
designated) the following new paragraph: 
‘‘(4) ADDITIONAL REQUIREMENTS FOR SCORE-
CARDS.—The scorecard shall include, for each Fed-
eral agency and Governmentwide, the following in-
formation with respect to prime contracts: 
‘‘(A) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by women through sole source contracts and 
competitions restricted to small business con-
cerns owned and controlled by women under 
section 8(m).
932 
‘‘(B) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by qualified HUBZone small business concerns 
through sole source contracts and competitions 
restricted to qualified HUBZone small business 
concerns under section 31(c)(2). 
‘‘(C) The number (expressed as a percent-
age) and total dollar amount of awards made to 
small business concerns owned and controlled 
by service-disabled veterans through sole source 
contracts and competitions restricted to small 
business concerns owned and controlled by serv-
ice-disabled veterans under section 36. 
‘‘(D) The number (expressed as a percent-
age) and total dollar amount of awards made to 
socially and economically disadvantaged small 
business concerns under section 8(a) through 
sole source contracts and competitions re-
stricted to socially and economically disadvan-
taged small business concerns, disaggregated by 
awards made to such concerns that are owned 
and controlled by individuals and awards made 
to such concerns that are owned and controlled 
by an entity.’’;
933 
(8) in paragraph (5), by striking ‘‘section 
15(h)(2) of the Small Business Act (15 U.S.C. 
644(h)(2))’’ and inserting ‘‘subsection (h)(2)’’; and 
(9) by amending paragraph (6) (as so redesig-
nated) to read as follows: 
‘‘(6) SCORECARD DEFINED.—In this subsection, 
the term ‘scorecard’ means any summary using a 
rating system to evaluate the efforts of a Federal 
agency to meet goals established under subsection 
(g)(1)(B) that— 
‘‘(A) includes the measures described in 
paragraph (2); and 
‘‘(B) assigns a score to each Federal agen-
cy evaluated.’’. 
(b) CONFORMING AMENDMENT.—Section 15(x)(2) of 
the Small Business Act is amended by striking ‘‘scorecard 
described in section 868(b) of the National Defense Au-
thorization Act for Fiscal Year 2016 (15 U.S.C. 644 
note)’’ and inserting ‘‘scorecard (as defined in subsection 
(y))’’. 
SEC. 859D. MODIFICATIONS TO THE NONMANUFACTURER 
RULE. 
(a) IN GENERAL.—Section 8(a)(17) of the Small 
Business Act (15 U.S.C. 637(a)(17)) is amended by add-
ing at the end the following new subparagraphs:
934 
‘‘(D) DENIALS.—Upon denial of a waiver under 
subparagraph (B)(iv)(I), the Administrator shall 
provide a justification of such denial, and if appro-
priate, make recommendations (including examples) 
for resubmitting a request for a waiver. 
‘‘(E) INFORMATION REQUIRED FOR GRANTED 
WAIVERS.—A waiver granted under subparagraph 
(B)(iv)(I) shall include the following information: 
‘‘(i) The date on which the waiver termi-
nates. 
‘‘(ii) A statement specifying that the con-
tract to supply any product for which the waiv-
er was granted must be awarded prior to the 
termination date in clause (i). 
‘‘(iii) The total dollar value of the products 
that are subject to the waiver. 
‘‘(iv) An exclusive list of specific products 
identified by the Administrator that are subject 
to the waiver, regardless of the determination of 
the contracting officer submitted under such 
subparagraph. 
‘‘(v) A list of actions taken by the con-
tracting Federal agency for which a new such 
determination shall be required, including—
935 
‘‘(I) modifications to the scope of the 
contract for which the waiver was granted; 
and 
‘‘(II) modifications to the contract 
type of such contract. 
‘‘(F) MODIFICATIONS.—If a Federal agency 
modifies a contract for which a waiver was granted 
under subparagraph (B)(iv)(I) in a manner de-
scribed in subparagraph (E)(v), the head of such 
Federal agency shall notify the Administrator and 
seek a new waiver under subparagraph (B)(iv)(I).’’. 
(b) CONGRESSIONAL NOTIFICATION AND PUBLICA-
TION.—Not later than 15 days after the date of the enact-
ment of this Act, the Administrator of the Small Business 
Administration shall publish on a website of the Adminis-
tration and submit to the Committee on Small Business 
of the House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate any 
program guidance or standard operating procedures of the 
Administration relating to the process by which the Ad-
ministrator 
grants 
waivers 
under 
section 
8(a)(17)(B)(iv)(I) of the Small Business Act (15 U.S.C. 
637(a)(17)(B)(iv)(I)).
936 
SEC. 859E. STUDY ON SMALL BUSINESS ASSISTANCE TO 
FOREIGN-BASED COMPANIES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to determine the amount of 
small business assistance that has been received by for-
eign-based small business concerns during the period be-
ginning on March 1, 2020, and ending on the date of the 
enactment of this Act. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Comptroller General shall submit to Congress a re-
port on the findings of the study conducted under 
subsection (a), including the amount of small busi-
ness assistance that has been received by foreign- 
based 
small 
business 
concerns 
in 
total 
and 
disaggregated by country of origin. 
(2) IDENTIFIABLE OR PROPRIETARY INFORMA-
TION.—The Comptroller General shall ensure that 
the report submitted under paragraph (1) does not 
include any identifiable or proprietary information of 
any foreign-based small business concern. 
(c) DEFINITIONS.—In this section: 
(1) COUNTRY OF ORIGIN.—The term ‘‘country 
of origin’’ means the country, other than the United 
States—
937 
(A) in which a foreign-based small business 
concern is headquartered; 
(B) under the laws of which an entity own-
ing or holding, directly or indirectly, not less 
than 25 percent of the economic interest of a 
foreign-based small business concern is orga-
nized; or 
(C) of which a person owning or holding, 
directly or indirectly, not less than 25 percent 
of the economic interest of a foreign-based 
small business concern is a citizen. 
(2) FOREIGN-BASED
SMALL
BUSINESS
CON-
CERN.—The term ‘‘foreign-based small business con-
cern’’ means a small business concern— 
(A) that is headquartered in a country 
other than the United States; or 
(B) for which an entity organized under 
the laws of a country other than the United 
States, or a citizen of such a country, owns or 
holds, directly or indirectly, not less than 25 
percent of the economic interest of the small 
business concern, including as equity shares or 
a capital or profit interest in a limited liability 
company or partnership.
938 
(3) SMALL BUSINESS ASSISTANCE.—The term 
‘‘small business assistance’’ means any Federal 
funds and other benefits available to small business 
concerns under programs administered by the Small 
Business Administration, including— 
(A) loans, whether directly or indirectly 
made; 
(B) grants; and 
(C) contracting preferences. 
(4) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
such term under section 3 of the Small Business Act 
(15 U.S.C. 632). 
SEC. 859F. REPORT ON STRATEGIC AND CRITICAL MATE-
RIALS. 
(a) FINDINGS.—Congress finds that the annex pro-
vided by the Department of Defense under section 851 
of the William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (Public Law 116- 
283; 134 Stat. 3773) did not contain every element re-
quired under such section. 
(b) REPORT REQUIRED.—Not later than June 1, 
2023, the Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives
939 
a report describing strategic and critical materials require-
ments of the Department of Defense, including the gaps 
and vulnerabilities in supply chains of such materials. 
(c) ELEMENTS.—The Under Secretary of Defense for 
Acquisition and Sustainment shall include in the report 
required by subsection (b) the following: 
(1) The overall annual tonnage of each strategic 
or critical material used by the Department of De-
fense during the 10-year period ending on December 
31, 2021. 
(2) An evaluation of the benefits of a robust do-
mestic supply chain for strategic and critical mate-
rials. 
(3) An evaluation of the effects of the use of 
waivers by the Strategic Materials Protection Board 
established under section 187 of title 10, United 
States Code, on the domestic supply of strategic and 
critical materials. 
(4) An identification of the improvements to the 
National Defense Stockpile that are required to fur-
ther ensure that the Department of Defense has ac-
cess to strategic and critical materials, aligning the 
goals of the stockpile with those of the Department 
and prioritize existing and future needs for emerging 
technologies.
940 
(5) An evaluation of the domestic processing 
and manufacturing capacity required to supply stra-
tegic and critical materials to the Department of De-
fense, including identifying, in consultation with the 
Director of the United States Geological Survey, do-
mestic locations of proven sources of such strategic 
and critical materials with existing commercial man-
ufacturing capabilities. 
(6) An identification of all minerals that are 
strategic and critical materials, and supply chains 
for such minerals, that originate in or pass through 
the Russian Federation. 
(7) An evaluation of the process required to im-
mediately halt the procurement of minerals de-
scribed in paragraph (6) or products by the Govern-
ment without adversely affecting national security. 
(8) Any limits on the availability of information 
preventing or limiting the Under Secretary from 
fully addressing an element described in paragraphs 
(1) through (7) in the report. 
(9) Any legislative recommendations, statutory 
authority, or appropriations necessary to improve 
the ability of the Department to monitor and ad-
dress its strategic and critical materials require-
ments.
941 
(d) FORM.—The report required in subsection (b) 
shall be submitted in unclassified form but may include 
a classified annex. 
(e) STRATEGIC
AND
CRITICAL
MATERIALS
DE-
FINED.—In this section, the term ‘‘strategic and critical 
materials’’ has the meaning given such term in section 12 
of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. §98h–3). 
SEC. 859G. REPORT AND MODIFICATION TO THE NATIONAL 
TECHNOLOGY AND INDUSTRIAL BASE. 
(a) MODIFICATION TO THE NATIONAL TECHNOLOGY 
AND INDUSTRIAL BASE.—Section 4801(1) of title 10, 
United States Code, is amended by inserting ‘‘New Zea-
land,’’ after ‘‘Australia,’’. 
(b) REPORT REQUIRED.—Not later than March 1, 
2023, the Secretary of Defense (or a designee) shall brief 
the Committees on Armed Services of the House of Rep-
resentatives and the Senate on integration of the national 
technology and industrial base (as defined in section 4801 
of title 10, United States Code). The report shall include, 
at a minimum, the following elements: 
(1) Progress towards implementation of the 
plan to increase integration of the national tech-
nology and industrial base developed pursuant to 
section 881(a) of the National Defense Authoriza-
942 
tion Act for Fiscal Year 2017 (Public Law 114–328; 
10 U.S.C. 2501 note). 
(2) Examples of successful cross border integra-
tion under the national technology and industrial 
base that has enhanced national security and re-
duced barriers to collaboration. 
(3) Recommendations for improving the inte-
gration of the national technology and industrial 
base. 
SEC. 859H. SENSE OF CONGRESS ON MODERNIZING DE-
FENSE SUPPLY CHAIN MANAGEMENT. 
(a) FINDINGS.—Congress finds the following: 
(1) The continued modernize Department of 
Defense supply chain management using private sec-
tor best practices where applicable is imperative to 
run effective domestic and overseas operations, en-
sure timely maintenance, and sustain military forces. 
(2) Congress supports the continued develop-
ment and integration by the Secretary of Defense of 
advanced digital supply chain management and ca-
pabilities. These capabilities should include tools 
that digitize data flows in order to transition from 
older, inefficient manual systems, modernize ware-
house operations of the Department of Defense to 
use digitized data management and inventory con-
943 
trol, and maximize cybersecurity protection of logis-
tics processes. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, to meet the unique needs of the Department 
of Defense regarding continuity of supply chain manage-
ment in both garrison and deployed or austere environ-
ments, the Department must prioritize digital supply 
chain management solutions that use durable devices and 
technologies designed to operate in remote regions with 
limited network connectivity. 
SEC. 859I. PROHIBITION ON THE USE OF LOGINK. 
(a) PROHIBITION.— 
(1) IN GENERAL.—The Secretary of Defense, 
each Secretary of a military department, and a de-
fense contractor may not use LOGINK. 
(2) APPLICABILITY.—With respect to defense 
contractors, the prohibition in subsection (a) shall 
apply— 
(A) with respect to any contract of the De-
partment of Defense entered into on or after 
the date of the enactment of this section; 
(B) with respect to the use of LOGINK in 
the performance of such contract. 
(b) CONTRACTING PROHIBITION.—
944 
(1) IN
GENERAL.—The Secretary of Defense 
and each Secretary of a military department may 
not enter into any contract with an entity that uses 
LOGINK and shall prohibit the use of LOGINK in 
any contract entered into by the Department of De-
fense. 
(2) DEFENSE CONTRACTOR.—With respect to 
any contract of the Department of Defense, a de-
fense contractor may not enter into a subcontract 
with an entity that uses LOGINK. 
(3) APPLICABILITY.—This subsection applies 
with respect to any contract entered into on or after 
the date of the enactment of this section. 
(c) LOGINK DEFINED.—In this section, the term 
‘‘LOGINK’’ means the public, open, shared logistics infor-
mation network known as the National Public Information 
Platform for Transportation & Logistics by the Ministry 
of Transport of China. 
SEC. 859J. REPORT ON TRANSITION TO PHASE III FOR 
SMALL BUSINESS INNOVATION RESEARCH 
AND SMALL BUSINESS TECHNOLOGY TRANS-
FER PROGRAM AWARDS. 
(a) REPORT REQUIRED.—On an annual basis, each 
Secretary of a military department (as defined in section 
101 of title 10, United States Code) shall collect and sub-
945 
mit to the President for inclusion in each budget sub-
mitted to Congress under section 1105 of title 31, United 
States Code, data on the Phase I, Phase II, and Phase 
III awards under the SBIR and STTR programs of the 
military department of the Secretary for the immediately 
preceding five fiscal years, including— 
(1) the aggregate funding amount for Phase III 
awards in relevant program offices, as selected by 
the each Secretary of a military department; 
(2) the change in Phase III funding during the 
period covered by the report such selected program 
offices; 
(3) the number of SBIR awards made by such 
selected program offices in under 180 days during 
the period covered by the report; and 
(4) where possible, an identification of specific 
recommendations from each Secretary of a military 
department on opportunities to identify and expand 
best practices that demonstrate growth in Phase III 
award funding. 
(b) DEFINITIONS.—In this section, the terms ‘‘Phase 
I’’, ‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have 
the meanings given those terms, respectively, in section 
9(e) of the Small Business Act (15 U.S.C. 638(e)).
946 
SEC. 859K. EXTENSION OF PARTICIPATION IN 8(A) PRO-
GRAM. 
(a) IN GENERAL.—A covered small business concern 
may, subject to the regulations issued by the Adminis-
trator of the Small Business Administration under sub-
section (b), elect to extend the period in which such cov-
ered small business concern participates in the program 
established under section 8(a) of such Act (15 U.S.C. 
637(a)) by one year. 
(b) EMERGENCY RULEMAKING AUTHORITY.—Not 
later than 45 days after the date of enactment of this Act, 
the Administrator of the Small Business Administration 
shall issue regulations to carry out this section without 
regard to the notice requirements under section 553(b) of 
title 5, United States Code. 
(c) COVERED
SMALL
BUSINESS
CONCERN
DE-
FINED.— 
(1) IN
GENERAL.—In this section, the term 
‘‘covered small business concern’’ means a small 
business concern (as defined under section 3 of the 
Small Business Act (15 U.S.C. 632)) that— 
(A) participated in the program established 
under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)) at any point during the pe-
riod beginning on September 10, 2020, and 
ending on the date of the enactment of this Act,
947 
including a small business concern that grad-
uated during such period; 
(B) was not terminated or early graduated 
from such program during such period; and 
(C) did not voluntarily elect to cease par-
ticipating in such program during such period 
as an alternative to termination or early grad-
uation from such program, as determined by 
the Administrator of the Small Business Ad-
ministration. 
SEC. 859L. ACCESS TO CONTRACT BUNDLING DATA. 
Section 15(p) of the Small Business Act (15 U.S.C. 
644(p)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) BUNDLED
CONTRACT.—The term 
‘bundled contract’ has the meaning given such 
term in section 3(o) of the Small Business Act 
(15 U.S.C. 632(o)). 
‘‘(B) 
CONSOLIDATED
CONTRACT.—The 
term ‘consolidated contract’ means a contract 
resulting from the consolidation of contracting 
requirements (as defined in section 44(a) of the 
Small Business Act (15 U.S.C. 657q(a))).’’;
948 
(2) in paragraph (4)— 
(A) in the heading, by inserting ‘‘AND CON-
SOLIDATION’’ after ‘‘BUNDLING’’; 
(B) in subparagraph (A), by inserting 
‘‘and consolidation’’ after ‘‘contract bundling’’; 
and 
(C) in subparagraph (B)— 
(i) in clause (i), by inserting ‘‘or con-
solidated’’ after ‘‘of bundled’’; and 
(ii) in clause (ii)— 
(I) in the matter preceding sub-
clause (I), by inserting ‘‘or consoli-
dated’’ after ‘‘previously bundled’’; 
(II) in subclause (I), by inserting 
‘‘or consolidated’’ after ‘‘were bun-
dled’’; and 
(III) in subclause (II)— 
(aa) by inserting ‘‘or consoli-
dated’’ after ‘‘to each bundled’’; 
(bb) in item (aa), by insert-
ing ‘‘or consolidation’’ after ‘‘the 
bundling’’; 
(cc) in item (bb), by insert-
ing ‘‘or consolidating’’ after ‘‘by 
bundling’’;
949 
(dd) in item (cc), by insert-
ing ‘‘or consolidated’’ after ‘‘the 
bundled’’; 
(ee) in item (dd), by insert-
ing ‘‘or consolidating’’ after ‘‘the 
bundling’’; and 
(ff) in item (ee)— 
(AA) by inserting ‘‘or 
consolidating’’ 
after 
‘‘the 
bundling’’; and 
(BB) 
by 
inserting 
‘‘bundled 
or’’ 
after 
‘‘as 
prime contractors for the’’; 
and 
(3) in paragraph (5)(B), by striking ‘‘provide, 
upon request’’ and all that follows and inserting the 
following: ‘‘provide to the Administration procure-
ment information referred to in this subsection for 
the contracting agency, including the data and infor-
mation described in paragraph (2) and the informa-
tion described in paragraph (4).’’.
950 
SEC. 859M. REPORT ON SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY WOMEN. 
(a) IN GENERAL.—Section 8(m) of the Small Busi-
ness Act (15 U.S.C. 637(m)) is amended by adding at the 
end the following new paragraph: 
‘‘(9) REPORT.—Not later than May 1, 2023, 
and annually thereafter, the Administrator shall sub-
mit to the Committee on Small Business of the 
House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate 
a report on small business concerns owned and con-
trolled by women. Such report shall include, for the 
fiscal year preceding the date of the report, the fol-
lowing: 
‘‘(A) The total number of concerns cer-
tified as small business concerns owned and 
controlled by women, disaggregated by the 
number of concerns certified by— 
‘‘(i) the Administrator; or 
‘‘(ii) a national certifying entity ap-
proved by the Administrator. 
‘‘(B) The amount of fees, if any, charged 
by each national certifying entity for such cer-
tification. 
‘‘(C) The total dollar amount and total 
percentage of prime contracts awarded to small
951 
business concerns owned and controlled by 
women pursuant to paragraph (2) or pursuant 
to a waiver granted under paragraph (3). 
‘‘(D) The total dollar amount and total 
percentage of prime contracts awarded to small 
business concerns owned and controlled by 
women pursuant to paragraphs (7) and (8). 
‘‘(E) With respect to a contract incorrectly 
awarded pursuant to this subsection because it 
was awarded based on an industry in which 
small business concerns owned and controlled 
by women are not underrepresented— 
‘‘(i) the number of such contracts; 
‘‘(ii) the Federal agencies that issued 
such contracts; and 
‘‘(iii) any steps taken by Adminis-
trator to train the personnel of such Fed-
eral agency on the use of the authority 
provided under this subsection. 
‘‘(F) With respect to an examination de-
scribed in paragraph (5)(B)— 
‘‘(i) the number of examinations due 
because of recertification requirements and 
the actual number of such examinations 
conducted; and
952 
‘‘(ii) the number of examinations con-
ducted for any other reason. 
‘‘(G) The number of small business con-
cerns owned and controlled by women that were 
found to be ineligible to be awarded a contract 
under this subsection as a result of an examina-
tion conducted pursuant to paragraph (5)(B) or 
failure to request an examination pursuant to 
section 127.400 of title 13, Code of Federal 
Regulations (or a successor rule). 
‘‘(H) The number of small business con-
cerns owned and controlled by women that were 
decertified. 
‘‘(I) Any other information the Adminis-
trator determines necessary.’’. 
(b) TECHNICAL AMENDMENT.—Section 8(m)(2)(C) 
of the Small Business Act is amended by striking ‘‘para-
graph (3)’’ and inserting ‘‘paragraph (4)’’. 
SEC. 859N. NATIVE HAWAIIAN ORGANIZATIONS. 
(a) COMPETITIVE THRESHOLDS.—Section 8020 of 
title VIII of division A of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hur-
ricanes in the Gulf of Mexico, and Pandemic Influenza 
Act, 2006 (15 U.S.C. 637 note) is amended by striking 
‘‘with agencies of the Department of Defense’’ and insert-
953 
ing ‘‘with agencies and departments of the Federal Gov-
ernment’’. 
(b) RULEMAKING.—Not later than 180 days after the 
date of enactment of this Act, in order to carry out the 
amendments made by subsection (a)— 
(1) the Administrator of the Small Business 
Administration, in consultation with the Adminis-
trator for Federal Procurement Policy, shall promul-
gate regulations; and 
(2) the Federal Acquisition Regulatory Council 
established under section 1302(a) of title 41, United 
States Code, shall amend the Federal Acquisition 
Regulation. 
Subtitle F—Other Matters 
SEC. 861. TECHNICAL CORRECTION TO EFFECTIVE DATE 
OF THE TRANSFER OF CERTAIN TITLE 10 AC-
QUISITION PROVISIONS. 
(a) IN GENERAL.—The amendments made by section 
1701(e) and paragraphs (1) and (2) of section 802(b) of 
the National Defense Authorization Act for Fiscal Year 
2022 (Public Law 117–81) shall be deemed to have taken 
effect immediately before the amendments made by section 
1881 of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283; 134 Stat. 4293).
954 
(b) TREATMENT
OF
SECTION
4027 REQUIRE-
MENTS.—An individual or entity to which the require-
ments under section 4027 of title 10, United States Code, 
were applicable during the period beginning on January 
1, 2022, and ending on the date of the enactment of this 
Act pursuant to subsection (a) shall be deemed to have 
complied with such requirements during such period. 
SEC. 862. REGULATIONS ON USE OF FIXED-PRICE TYPE 
CONTRACTS FOR MAJOR DEFENSE ACQUISI-
TION PROGRAMS. 
(a) MODIFICATION
OF REGULATIONS.—Not later 
than 120 days after the date of the enactment of this Act, 
the Secretary of Defense shall revise the Department of 
Defense Supplement to the Federal Acquisition Regula-
tion and any regulations issued pursuant to section 818 
of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2329) regarding the use of fixed-price type contracts for 
a major defense acquisition program. 
(b) ELEMENTS.—The revisions described in sub-
section (a) shall require the following: 
(1) That the number of low-rate initial produc-
tion lots associated with a major defense acquisition 
program may not be more than one if—
955 
(A) the milestone decision authority au-
thorizes the use of a fixed-price type contract at 
the time of a decision on Milestone B approval; 
and 
(B) the scope of work of the fixed-price 
type contract includes both the development 
and low-rate initial production of items for such 
major defense acquisition program. 
(2) The limitation in paragraph (1) may be 
waived on a case-by-case basis by the applicable 
service acquisition executive. This waiver authority 
may not be delegated below the level of service ac-
quisition executive. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘low-rate initial production’’ has 
the meaning given under section 4231 of title 10, 
United States Code. 
(2) The term ‘‘milestone decision authority’’ 
has the meaning given in section 4211 of title 10, 
United States Code. 
(3) The term ‘‘major defense acquisition pro-
gram’’ has the meaning given in section 4201 of title 
10, United States Code.
956 
(4) The term ‘‘Milestone B approval’’ has the 
meaning given in section 4172(e) of title 10, United 
States Code. 
SEC. 863. NOTIFICATION ON RETENTION RATE POLICY. 
(a) NOTICE AND WAIT.—A determination of the Sec-
retary of the Navy that a contract for non-nuclear surface 
ship repair and maintenance made to a private entity re-
quires the Secretary of the Navy to retain more than 1 
percent of the overall contract value may only be carried 
out after the end of a 30-day period beginning on the date 
on which the congressional defense committees receive the 
notification from the Secretary of the Navy under sub-
section (b). 
(b) CONTENTS.—The notification described in sub-
section (a) shall include the following: 
(1) A description of the rationale for making 
such determination. 
(2) A description of the potential impact on the 
defense industrial base because of such determina-
tion. 
(3) A description of how the Navy plans to use, 
to a greater extent, the flexibility on retention rates 
pursuant to chapter 277 of title 10, United States 
Code.
957 
(c) TERMINATION.—This section and the require-
ments of this section shall terminate on the later of— 
(1) the date on which the National Defense Au-
thorization Act for Fiscal Year 2024 is enacted; or 
(2) September 30, 2023. 
SEC. 864. SECURITY CLEARANCE BRIDGE PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Director of National Intelligence, shall 
conduct a pilot program to enable employees of innovative 
technology companies to begin work under contracts more 
quickly by allowing the Defense Counterintelligence and 
Security Agency to administer the personal security clear-
ances of the employees of innovative technology companies 
while the Government completes the adjudication of the 
facility clearance application of the innovative technology 
company. 
(b) PERSONAL
SECURITY
CLEARANCE
AUTHOR-
ITY.— 
(1) IN
GENERAL.—Under the pilot program, 
the Defense Counterintelligence and Security Agency 
may nominate and administer the personal security 
clearances of the employees of an innovative tech-
nology company while the Government completes the 
adjudication of the facility clearance application of 
the innovative technology company if the innovative
958 
technology company is a contractor of the Depart-
ment of Defense under a contract the performance 
of which requires that the innovative technology 
company have access to classified information. 
(2) LIMITATION.—Under the pilot program, the 
Defense Counterintelligence and Security Agency 
may administer the personal security clearances of 
employees of not more than— 
(A) 25 innovative technology companies in 
Fiscal Year 2023; 
(B) 50 innovative technology companies in 
Fiscal Year 2024; 
(C) 75 innovative technology companies in 
Fiscal Year 2025; 
(D) 100 innovative technology companies 
in Fiscal Year 2026; and 
(E) 125 innovative technology companies 
in Fiscal Year 2027. 
(c) CLEARANCE TRANSFER.— 
(1) IN GENERAL.—Not later than 30 days after 
an innovative technology company is granted facility 
clearance, the Defense Counterintelligence and Secu-
rity Agency shall transfer any personal clearances of 
employees of the innovative technology company held 
by the Defense Counterintelligence and Security
960 
(i) the extent to which the authority 
under the pilot program has been used; 
and 
(ii) the usefulness of such authority; 
(B) the number of innovative technology 
companies for which the Defense Counterintel-
ligence and Security Agency administered a 
personal security clearance of an employee 
under the pilot program; 
(C) the number of programs of the Depart-
ment of Defense affected by the pilot program; 
(D) an analysis of the demand for addi-
tional innovative technology companies to par-
ticipate in the pilot program, including who 
may have been excluded from the program due 
to the limitation in subsection (b)(2); 
(E) the length of time required for the fa-
cility clearance adjudication of each innovative 
technology company for which the Defense 
Counterintelligence and Security Agency admin-
istered a personal security clearance of an em-
ployee under the pilot program; 
(F) an estimate of the time saved on each 
contract with respect to which the authority 
under the pilot program is exercised by enabling
961 
employees of innovative technology companies 
to begin work before the Government completes 
the adjudication of the facility clearance appli-
cation of the innovative technology company; 
(G) an assessment of any foreign intel-
ligence threats posed by the pilot program; 
(H) an assessment of the administrative 
costs and benefits of the pilot program; and 
(I) such other information that the Under 
Secretary of Defense for Research and Engi-
neering and the Under Secretary of Defense for 
Intelligence and Security jointly determine ap-
propriate. 
(e) PARTICIPANT SELECTION.—The Defense Innova-
tion Unit shall select innovative technology companies to 
participate in the pilot program. 
(f) SUNSET.—The pilot program shall terminate on 
December 31, 2028. 
(g) DEFINITIONS.—In this section: 
(1) FACILITY CLEARANCE.—The term ‘‘facility 
clearance’’ has the meaning given the term ‘‘Facility 
Clearance’’ in section 95.5 of title 10, Code of Fed-
eral Regulations, or any successor regulation.
962 
(2) INNOVATIVE TECHNOLOGY COMPANY.—The 
term ‘‘innovative technology company’’ means a 
company that— 
(A) provides goods or services related to— 
(i) one or more of the fourteen critical 
technology areas described in the memo-
randum by the Under Secretary of Defense 
for Research and Engineering issued on 
February 1, 2022, entitled ‘‘USD(R&E) 
Technology Vision for an Era of Competi-
tion’’; or 
(ii) information technology, software, 
or hardware that is unavailable from any 
other entity that possesses a facility clear-
ance; and 
(B) is selected by the Defense Innovation 
Unit under subsection (e) to participate in the 
pilot program. 
(3) PERSONAL
SECURITY
CLEARANCE.—The 
term ‘‘personal security clearance’’ means the secu-
rity clearance of an individual who has received ap-
proval from the Department of Defense to access 
classified information.
963 
(4) PILOT
PROGRAM.—The term ‘‘pilot pro-
gram’’ means the pilot program established under 
subsection (a). 
SEC. 865. DEPARTMENT OF DEFENSE NATIONAL IMPERA-
TIVE FOR INDUSTRIAL SKILLS PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense, acting 
through the Industrial Base Analysis and Sustainment 
program of the Department of Defense, shall evaluate and 
further develop workforce development training programs 
as defined by the Secretary of Defense for training the 
skilled industrial workers defined by the Secretary of De-
fense and needed in the defense industrial base through 
the National Imperative for Industrial Skills Program of 
the Department of Defense (or a successor program). 
(b) PRIORITIES.—In carrying out the program, the 
Secretary shall prioritize workforce development training 
programs that— 
(1) are innovative, lab-based, or experientially- 
based; 
(2) rapidly train skilled industrial workers for 
employment with entities in the defense industrial 
base faster than traditional classroom-based work-
force development training programs and at the 
scale needed to measurably reduce, as rapidly as
964 
possible, the shortages of skilled industrial workers 
in the defense industrial base; and 
(3) address the specific manufacturing require-
ments and skills that are unique to critical industrial 
sectors of the defense industrial base as defined by 
the Secretary of Defense, such as naval shipbuilding. 
SEC. 866. TEMPORARY SUSPENSION OF COVID–19 VACCINE 
MANDATE FOR DEPARTMENT OF DEFENSE 
CONTRACTORS. 
(a) INDEPENDENT REPORT.—The Comptroller Gen-
eral of the United States shall— 
(1) conduct a study on the predicted effects of 
the requirement for contractors of the Department 
of Defense to receive a COVID–19 vaccine on the 
performance of such a contractor on a contract; and 
(2) submit to the congressional defense commit-
tees a report containing the results of such study. 
(b) TEMPORARY SUSPENSION.—The Secretary of De-
fense may not implement a requirement for contractors 
of the Department of Defense to receive a COVID–19 vac-
cine until such time as the Comptroller General submits 
to the congressional defense committees the report under 
subsection (a).
965 
SEC. 867. GAO REPORT ON DEPARTMENT OF DEFENSE CON-
TRACT FINANCING AND COMMERCIAL BEST 
PRACTICES. 
(a) FINDINGS.—Congress finds as follows: 
(1) In a 2019 report, the Comptroller General 
of the United States directed the Department of De-
fense to ensure it conducts a comprehensive assess-
ment of the effect that its contract financing and 
profit policies have on the defense industry and up-
date that assessment on a recurring basis. 
(2) The Department of Defense has commis-
sioned an independent study to evaluate— 
(A) free cash flow in the defense sector; 
(B) impacts to cash flow depending on 
contract type and financing; 
(C) financing and its impact on small busi-
nesses; and 
(D) the government accounting system re-
quirements for contractors. 
(b) STUDY AND REPORT.—Not later than 6 months 
after the date of the completion of the study described 
in subsection (a)(2), the Comptroller General of the 
United States shall submit to the congressional defense 
committees a report assessing such study, including an 
evaluation of the tools and authorities the Department of
966 
Defense has available to ensure fair and reasonable pricing 
of commercial products and services. 
SEC. 868. PROHIBITION ON CONTRACTING WITH EMPLOY-
ERS THAT VIOLATED THE NATIONAL LABOR 
RELATIONS ACT. 
(a) PROHIBITION.—Except as provided in subsection 
(b), the Secretary of Defense may not enter into a contract 
with an employer found to have violated section 8(a) of 
the National Labor Relations Act (29 U.S.C. 158) during 
the three-year period preceding the proposed date of 
award of the contract. 
(b) EXCEPTIONS.—The Secretary of Defense may 
enter into a contract with a employer described in sub-
section (a) if— 
(1) before awarding a contract, such employer 
has settled all violations described under subsection 
(a) in a manner approved by the National Labor Re-
lations Board and the employer is in compliance 
with the requirements of any settlement relating to 
any such violation; or 
(2)(A) each employee of such employer is rep-
resented by a labor organization for the purposes of 
collective bargaining; and 
(B) such labor organization certifies to the Sec-
retary that the employer—
967 
(i) is in compliance with any relevant col-
lective bargaining agreement on the date on 
which such contract is awarded and will con-
tinue to preserve the rights, privileges, and ben-
efits established under any such collective bar-
gaining agreement; or 
(ii) before, on, and after the date on which 
such contract is awarded, has bargained and 
will bargain in good faith to reach a collective 
bargaining agreement. 
(c) DEFINITIONS.—In this section, the terms ‘‘em-
ployer’’, ‘‘employee’’, and ‘‘labor organization’’ have the 
meanings given such terms, respectively, in section 2 of 
the National Labor Relations Act (29 U.S.C. 152). 
(d) APPLICABILITY.—This section and the require-
ments of this section shall apply to a contract entered into 
on or after September 30, 2023. 
SEC. 869. AMENDMENTS TO CONTRACTING AUTHORITY FOR 
CERTAIN SMALL BUSINESS CONCERNS. 
(a) SOCIALLY AND ECONOMICALLY DISADVANTAGED 
SMALL BUSINESS CONCERNS.—Section 8(a)(1)(D)(i)(II) 
of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) 
is amended— 
(1) by striking ‘‘$7,000,000’’ and inserting 
‘‘$10,000,000’’; and
968 
(2) by striking ‘‘$3,000,000’’ and inserting 
‘‘$8,000,000’’. 
(b) CERTAIN SMALL BUSINESS CONCERNS OWNED 
AND CONTROLLED
BY WOMEN.—Section 8(m) of the 
Small Business Act (15 U.S.C.637(m)) is amended— 
(1) in paragraph (7)(B)— 
(A) in clause (i), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(B) in clause (ii), by striking ‘‘$4,000,000’’ 
and inserting ‘‘$8,000,000’’; and 
(2) in paragraph (8)(B)— 
(A) in clause (i), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(B) in clause (ii), by striking ‘‘$4,000,000’’ 
and inserting ‘‘$8,000,000’’. 
(c) QUALIFIED HUBZONE SMALL BUSINESS CON-
CERNS.—Section 31(c)(2)(A)(ii) of the Small Business 
Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended— 
(1) in subclause (I), by striking ‘‘$7,000,000’’ 
and inserting ‘‘$10,000,000’’; and 
(2) in subclause (II), by striking ‘‘$3,000,000’’ 
and inserting ‘‘$8,000,000’’. 
(d) SMALL BUSINESS CONCERNS OWNED AND CON-
TROLLED
BY SERVICE-DISABLED VETERANS.—Section
969 
36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)) 
is amended— 
(1) 
in 
subparagraph 
(A), 
by 
striking 
‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’; and 
(2) 
in 
subparagraph 
(B), 
by 
striking 
‘‘$3,000,000’’ and inserting ‘‘$8,000,000’’. 
(e) CERTAIN VETERAN-OWNED CONCERNS.—Section 
8127(c)(2) of title 38, United States Code, is amended 
by striking ‘‘$5,000,000’’ and inserting ‘‘the dollar thresh-
olds under section 36(c)(2) of the Small Business Act (15 
U.S.C. 657f(c)(2))’’. 
SEC. 870. EQUITABLE ADJUSTMENTS TO CONSTRUCTION 
CONTRACTS. 
(a) IN GENERAL.—Section 15 of the Small Business 
Act (15 U.S.C. 644) is amended— 
(1) by redesignating subsection (x) as sub-
section (y); and 
(2) by inserting after subsection (w) the fol-
lowing new subsection: 
‘‘(x) INTERIM PARTIAL PAYMENTS FOR EQUITABLE 
ADJUSTMENTS TO CONSTRUCTION CONTRACTS.— 
‘‘(1) REQUEST
FOR
AN
EQUITABLE
ADJUST-
MENT.—A small business concern that was awarded 
a construction contract by an agency may submit a 
request for an equitable adjustment to the con-
970 
tracting officer of such agency if the contracting of-
ficer directs a change in the terms of the contract 
performance without the agreement of the small 
business concern. Such request shall— 
‘‘(A) be timely made pursuant to the terms 
of the contract; and 
‘‘(B) specify the estimated amount re-
quired to cover additional costs resulting from 
such change in the terms. 
‘‘(2) AMOUNT.—Upon receipt of a request for 
equitable adjustment from a small business concern 
under paragraph (1), the agency shall provide to 
such concern an interim partial payment in an 
amount equal to not less than 50 percent of the esti-
mated amount under paragraph (1)(B). 
‘‘(3) LIMITATION.—Any interim partial pay-
ment made under this section may not be deemed to 
be an action to definitize the request for an equi-
table adjustment. 
‘‘(4) FLOW-DOWN OF INTERIM PARTIAL PAY-
MENT AMOUNTS.—A small business concern that re-
ceives an equitable adjustment under this subsection 
shall pay to a first tier subcontractor of such con-
cern the portion of each interim partial payment re-
ceived that is attributable to the increased costs of
971 
performance incurred by such subcontractor due to 
the change in the terms of the contract performance 
described in paragraph (1). A first tier subcon-
tractor that receives a portion of an interim partial 
payment under this section shall pay to a subcon-
tractor (at any tier) the appropriate portion of such 
payment.’’. 
(b) IMPLEMENTATION.—The Administrator of the 
Small Business Administration shall implement the re-
quirements of this section not later than the earlier of the 
following dates: 
(1) The first day of the first full fiscal year be-
ginning after the date of the enactment of this Act. 
(2) October 1, 2024. 
SEC. 871. MANUFACTURING OF INSULIN. 
(a) MANUFACTURING
OF INSULIN.—For the pur-
poses of manufacturing insulin for use under the military 
health system, including under the TRICARE program, 
the Secretary of Defense may— 
(1) select one or more Government-owned, con-
tractor-operated facilities to manufacture insulin; 
(2) use existing pharmaceutical manufacturing 
facilities of the Department of Defense to produce 
insulin; or
972 
(3) establish new pharmaceutical manufacturing 
facilities to produce insulin. 
(b) SALE.—Any insulin manufactured under the au-
thority of this section may be provided at a price not to 
exceed the cost to manufacture and distribute the insulin. 
SEC. 872. NEED FOR DEVELOPMENT AND ACQUISITION OF 
NATURAL 
RUBBER 
FROM 
DOMESTIC 
HERBACIOUS PLANT SOURCES. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of enactment of this Act, the Under Sec-
retary of Defense for Acquisition and Sustainment, in con-
sultation with the Under Secretary of Defense for Re-
search and Engineering and the Assistant Secretary of 
Defense for Industrial Policy, shall submit to the congres-
sional defense committees a plan for future investment by 
the Department of Defense in the development, testing, 
and evaluation of domestic natural rubber from herba-
ceous plants for military applications, including a timeline 
for acquiring critical defense components and products 
using natural rubber from domestic sources. 
(b) CONTENTS.—The plan submitted under sub-
section (a) shall include the following: 
(1) An unclassified assessment of the direct and 
indirect influence of China on the commercial avail-
ability of natural rubber, including the effects on na-
973 
tional security and the long-term implications for the 
defense supply chain, specifically for military aircraft 
and vehicle tires. 
(2) An overview of the current investment of 
the Department of Defense in domestic natural rub-
ber production and the plans of the Department for 
scaling and expanding such production to offset one 
percent of the annual importation of natural rubber 
into the United States. 
(3) A plan to provide additional funding for the 
initiatives identified in paragraph (2) to achieve 
fielding of products and components with natural 
rubber from domestic sources not later than the end 
of fiscal year 2027. 
(4) A strategy of United States-based rubber 
industry partners and component manufacturers for 
collaboration, codevelopment, and joint interest. 
(5) A detailed description of the policies, proce-
dures, budgets, and accelerated acquisition and con-
tracting mechanisms of the Department of Defense 
for near-term insertion of domestic natural rubber 
content to test and evaluate performance of natural 
rubber from domestic sources for tactical aircraft 
performance.
974 
SEC. 873. INCREASED COMPETITIVE OPPORTUNITIES AND 
STRATEGY FOR CERTAIN CRITICAL TECH-
NOLOGY CONTRACTORS. 
(a) AUTHORITIES.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall seek to increase competitive opportunities for 
appropriate U.S. companies to be awarded prime 
contracts, grants, cooperative agreements, or other 
transactions for commercial products or dual-use ca-
pabilities of which any component primarily relates 
to critical technology. 
(2) STRATEGY.—Not later than 120 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall develop and implement a com-
prehensive strategy to increase competitive opportu-
nities available for appropriate U.S. companies and 
protect the integrity of the defense industrial base. 
The strategy shall include the following: 
(A) A description of methods to enhance 
the availability of funds authorized by sections 
4021 and 4022 of title 10, United States Code, 
for appropriate U.S. companies to develop end 
items of critical technologies, to rapidly proto-
type such end items, to conduct continuous ex-
perimentation to improve such end items, and
975 
to deliver capabilities to the Department of De-
fense. 
(B) Processes to monitor and mitigate 
risks to the defense industrial base. 
(C) Processes to improve coordination by 
the military departments and other elements of 
the Department of Defense to carry out sub-
paragraphs (A) and (B). 
(b) REPORT.—Along with the report required under 
section 4814 of title 10, United States Code, that is due 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with appropriate U.S. compa-
nies, shall submit a report on the implementation of the 
strategy required in subsection (a)(2) and progress made 
to monitor and mitigate risks to the defense industrial 
base. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate U.S. company’’ 
means— 
(A) a nontraditional defense contractor, as 
defined in section 3014 of title 10, United 
States Code; or 
(B) a prime contractor that has entered 
into a cooperative agreement with a nontradi-
tional defense contractor with the express intent
976 
to pursue funding authorized by sections 4021 
and 4022 of title 10, United States Code, in the 
development, testing, or prototyping of critical 
technologies. 
(2) The term ‘‘commercial product’’ has the 
meaning given in section 3011 of title 10, United 
States Code. 
(3) The term ‘‘dual-use’’ has the meaning given 
in section 4801 of title 10, United States Code. 
(4) The term ‘‘critical technology’’ means a 
technology identified as critical by the Secretary of 
Defense, which shall include— 
(A) biotechnology; 
(B) quantum science; 
(C) advanced materials; 
(D) artificial intelligence and machine 
learning; 
(E) microelectronics; 
(F) space technology; 
(G) advanced computing and software; 
(H) hypersonics; 
(I) integrated sensing and cyber; 
(J) autonomous systems; 
(K) unmanned systems; 
(L) advanced sensing systems; and
977 
(M) advanced communications systems. 
SEC. 874. DUTIES OF SMALL BUSINESS DEVELOPMENT CEN-
TER COUNSELORS. 
Section 21 of the Small Business Act (15 U.S.C. 648) 
is amended by adding at the end the following: 
‘‘(o) CYBER STRATEGY TRAINING FOR SMALL BUSI-
NESS DEVELOPMENT CENTERS.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘cyber strategy’ means re-
sources and tactics to assist in planning for cy-
bersecurity and defending against cyber risks 
and cyber attacks; and 
‘‘(B) the term ‘lead small business develop-
ment center’ means a small business develop-
ment center that has received a grant from the 
Administration. 
‘‘(2) CERTIFICATION PROGRAM.—The Adminis-
trator shall establish a cyber counseling certification 
program, or approve a similar existing program, to 
certify the employees of lead small business develop-
ment centers to provide cyber planning assistance to 
small business concerns. 
‘‘(3) NUMBER
OF
CERTIFIED
EMPLOYEES.— 
The Administrator shall ensure that the number of 
employees of each lead small business development
978 
center who are certified in providing cyber planning 
assistance under this subsection is not fewer than 
the lesser of— 
‘‘(A) 5; or 
‘‘(B) 10 percent of the total number of em-
ployees of the lead small business development 
center. 
‘‘(4) CONSIDERATION OF SMALL BUSINESS DE-
VELOPMENT
CENTER
CYBER
STRATEGY.—In car-
rying out this subsection, the Administrator, to the 
extent practicable, shall consider any cyber strategy 
methods included in the Small Business Develop-
ment Center Cyber Strategy developed under section 
1841(a) of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2662). 
‘‘(5) REIMBURSEMENT FOR CERTIFICATION.— 
‘‘(A) IN GENERAL.—Subject to the avail-
ability of appropriations and subparagraph (B), 
the Administrator shall reimburse a lead small 
business development center for costs relating 
to the certification of an employee of the lead 
small business development center under the 
program established under paragraph (2).
979 
‘‘(B) LIMITATION.—The total amount re-
imbursed by the Administrator under subpara-
graph (A) may not exceed $350,000 in any fis-
cal year.’’. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Office of the Secretary 
of Defense and Related Matters 
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSIST-
ANT AND DEPUTY ASSISTANT SECRETARIES 
OF DEFENSE. 
(a) INCREASE IN AUTHORIZED NUMBER OF ASSIST-
ANT SECRETARIES OF DEFENSE.— 
(1) INCREASE.—Section 138(a)(1) of title 10, 
United States Code, is amended by striking ‘‘15’’ 
and inserting ‘‘18’’. 
(2) CONFORMING AMENDMENT.—Section 5315 
of title 5, United States Code, is amended by strik-
ing ‘‘(14)’’ after ‘‘Assistant Secretaries of Defense’’ 
and inserting ‘‘(18)’’. 
(b) INCREASE IN AUTHORIZED NUMBER OF DEPUTY 
ASSISTANT SECRETARIES OF DEFENSE.—
980 
(1) INCREASE.—Section 138 of such title is 
amended by adding at the end the following new 
subsection: 
‘‘(e) The maximum number of Deputy Assistant Sec-
retaries of Defense is 57.’’. 
(2) CONFORMING REPEAL.—Section 908 of the 
National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 10 U.S.C. 138 note) is 
repealed. 
SEC. 902. RESPONSIBILITIES OF ASSISTANT SECRETARY OF 
DEFENSE FOR SPECIAL OPERATIONS AND 
LOW INTENSITY CONFLICT. 
Section 138(b)(2)(A) of title 10, United States Code, 
is amended by inserting ‘‘(including explosive ordnance 
disposal)’’ after ‘‘low intensity conflict activities’’. 
Subtitle B—Other Department of 
Defense Organization and Man-
agement Matters 
SEC. 911. ELIGIBILITY OF CHIEF OF THE NATIONAL GUARD 
BUREAU FOR APPOINTMENT AS CHAIRMAN 
OF THE JOINT CHIEFS OF STAFF. 
Section 152(b)(1)(B) of title 10, United States Code, 
is amended by striking ‘‘the Commandant of the Marine 
Corps, or the Chief of Space Operations’’ and inserting 
‘‘the Commandant of the Marine Corps, the Chief of
981 
Space Operations, or the Chief of the National Guard Bu-
reau’’. 
SEC. 912. CLARIFICATION OF PEACETIME FUNCTIONS OF 
THE NAVY. 
Section 8062(a) of title 10, United States Code, is 
amended— 
(1) in the second sentence, by striking ‘‘pri-
marily’’ and inserting ‘‘for the peacetime promotion 
of the national security interests and prosperity of 
the United States and’’; and 
(2) in the third sentence, by striking ‘‘for the 
effective prosecution of war’’ and inserting ‘‘for the 
duties described in the preceding sentence’’. 
SEC. 913. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PRO-
GRAM. 
Section 2284(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (B), by striking ‘‘the 
Department of Defense’’ and all that follows 
and inserting ‘‘the Program;’’; 
(C) by adding at the end the following new 
subparagraphs:
982 
‘‘(C) direct the executive agent to des-
ignate a joint program executive officer for the 
Program; and 
‘‘(D) assign the Director of the Defense 
Threat Reduction Agency to manage the De-
fense-wide program element funding for the 
Program.’’. 
(2) by striking paragraph (4); 
(3) by redesignating paragraph (5) as para-
graph (4); 
(4) in paragraph (4), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and 
(5) by adding at the end the following new 
paragraphs: 
‘‘(5) the Secretary of the Navy shall designate 
a Navy explosive ordnance disposal-qualified admiral 
officer to serve as the co-chair of the Program; and 
‘‘(6) the Assistant Secretary of Defense for 
Special Operations and Low Intensity Conflict shall 
designate the Deputy Assistant Secretary of Defense 
for Special Operations and Combating Terrorism as 
the co-chair of the Program.’’.
983 
SEC. 914. MODIFICATION OF REPORT REGARDING THE DES-
IGNATION OF THE EXPLOSIVE ORDNANCE 
DISPOSAL CORPS AS A BASIC BRANCH OF 
THE ARMY. 
Section 582(b)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 10 
U.S.C. 3063 note) is amended— 
(1) in subparagraph (F), by inserting ‘‘National 
Guard Bureau,’’ before ‘‘Army Forces Command’’; 
and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(H) The Secretary of the Army has des-
ignated an Assistant Secretary of the Army as 
the key individual responsible for developing 
and overseeing policy, plans, programs, and 
budgets, and issuing guidance and providing di-
rection on the explosive ordnance disposal ac-
tivities of the Army.’’. 
SEC. 915. CLARIFICATION OF ROLES AND RESPONSIBIL-
ITIES FOR FORCE MODERNIZATION EFFORTS 
OF THE ARMY. 
(a) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Army shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a plan
984 
that comprehensively defines the roles and responsibilities 
of officials and organizations of the Army with respect to 
the force modernization efforts of the Army. 
(b) ELEMENTS.—The plan under subsection (a) 
shall— 
(1) identify the official within the Army who 
shall have primary responsibility for the force mod-
ernization efforts of the Army, and specify the roles, 
responsibilities, and authorities of that official; 
(2) clearly define the roles, responsibilities, and 
authorities of the Army Futures Command and the 
Assistant Secretary of the Army for Acquisition, Lo-
gistics, and Technology with respect to such efforts; 
(3) clarify the roles, responsibilities, and au-
thorities of officials and organizations of the Army 
with respect to acquisition in support of such efforts; 
and 
(4) include such other information as the Sec-
retary of the Army determines appropriate. 
(c) ROLE OF ARMY FUTURES COMMAND.—In the 
event the Secretary of the Army does not submit the plan 
required under subsection (a) by the expiration of the 180 
day period specified in such subsection, then beginning at 
the expiration of such period—
985 
(1) the Commanding General of the Army Fu-
tures Command shall have the roles, responsibilities, 
and authorities assigned to the Commanding Gen-
eral pursuant to Army Directive 2020–15 (‘‘Achiev-
ing Persistent Modernization’’) as in effect on No-
vember 16, 2020; and 
(2) any provision of Army Directive 2022–07 
(‘‘Army Modernization Roles and Responsibilities’’), 
or any successor directive, that modifies or con-
travenes a provision of the directive specified in 
paragraph (1) shall have no force or effect. 
SEC. 916. REPORT ON POTENTIAL TRANSITION OF ALL 
MEMBERS OF SPACE FORCE INTO A SINGLE 
COMPONENT. 
(a) REPORT REQUIRED.—Not later than March 1, 
2023, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives a report on the proposal of the Air 
Force to transition the Space Force into a single compo-
nent (in this section referred to as the Space Compo-
nent)— 
(1) that consists of all members of the Space 
Force, without regard to whether such a member is, 
under laws in effect at the time of the report, in the 
active or reserve component of the Space Force; and
986 
(2) in which such members may transfer be-
tween duty statuses more freely than would other-
wise be allowed under the laws in effect at the time 
of the report. 
(b) ELEMENTS.—The report required under sub-
section (a) shall include the following: 
(1) A plan that describes any rules, regulations, 
policies, guidance, and statutory provisions that may 
be implemented to govern— 
(A) the ability of a member of the Space 
Component to transfer between duty statuses, 
the number of members authorized to make 
such transfers, and the timing of such trans-
fers; 
(B) the retirement of members of the 
Space Component, including the determination 
of a member’s eligibility for retirement and the 
calculation of the retirement benefits (including 
benefits under laws administered by the Sec-
retary of Veterans Affairs) to which the mem-
ber would be entitled based on a career con-
sisting of service in duty statuses of the Space 
Component; and 
(C) the composition and operation of pro-
motion selection boards with respect to mem-
987 
bers of the Space Component, including the 
treatment of general officers by such boards. 
(2) A comprehensive analysis of how such pro-
posal may affect the ability of departments and 
agencies of the Federal Government (including de-
partments and agencies outside the Department of 
Defense and the Department of Veterans Affairs) to 
accurately calculate the pay or determine the bene-
fits, including health care benefits under chapter 55 
of title 10, United States Code, to which a member 
or former member of the Space Component is enti-
tled at any given time. 
(3) Draft legislative text, prepared by the Office 
of Legislative Counsel within the Office of the Gen-
eral Counsel of the Department of Defense, that 
comprehensively sets forth all amendments and 
modifications to Federal statutes needed to effec-
tively implement the proposal described in subsection 
(a), including— 
(A) amendments and modifications to titles 
10, 37, and 38, United States Code; 
(B) amendments and modifications to Fed-
eral statutes outside of such titles; and 
(C) an analysis of each provision of Fed-
eral statutory law that refers to the duty status
988 
of a member of an Armed Force, or whether 
such member is in an active or reserve compo-
nent, and, for each such provision— 
(i) a written determination indicating 
whether such provision requires amend-
ment or other modification to clarify its 
applicability to a member of the Space 
Component; and 
(ii) if such an amendment or modi-
fication is required, draft legislative text 
for such amendment or modification. 
SEC. 
917. 
SENSE 
OF 
CONGRESS 
ON 
THE 
ELECTRO-
MAGNETIC SPECTRUM SUPERIORITY STRAT-
EGY. 
It is the sense of Congress that— 
(1) the Department of Defense released the 
Electromagnetic Spectrum Superiority Strategy (Oc-
tober 2020) and an Implementation Plan for such 
strategy (August 2021); 
(2) the purpose of the Electromagnetic Spec-
trum Superiority Strategy is to align electromagnetic 
spectrum activities across the Department of De-
fense to solve persistent gaps in the ability of the 
United States to project, achieve, and sustain elec-
tromagnetic spectrum superiority against adversaries
989 
and peer competitors, most notably Russia and Peo-
ple’s Republic of China; 
(3) a goal of the Electromagnetic Spectrum Su-
periority Strategy is to ‘‘Establish Effective EMS 
Governance’’ to unify Department of Defense-wide 
electromagnetic spectrum enterprise activities, de-
velop a continuous process improvement culture, and 
promote policies that support Department of De-
fense electromagnetic spectrum capabilities and op-
erations; 
(4) electromagnetic spectrum superiority under-
pins each of the four priorities of the 2022 National 
Defense Strategy of the Department of Defense; 
(5) 
the 
projecting, 
achievement, 
and 
sustainment of electromagnetic spectrum superiority 
is inherently a joint operational mission that is fun-
damental to the success of military missions carried 
out by the United States and its allies across all 
warfighting domains; 
(6) electromagnetic spectrum operations leader-
ship in the Pentagon must be consolidated and un-
ambiguous to address persistent gaps in coordina-
tion of joint electronic warfare among the services 
and fragmentation in guidance from leadership in 
the Department of Defense; and
990 
(7) the Secretary of Defense— 
(A) should provide to Congress an unclas-
sified version of the Implementation Plan for 
the 
Electromagnetic 
Spectrum 
Superiority 
Strategy in all future updates to the plan; and 
(B) as part of implementing the Electro-
magnetic 
Spectrum 
Superiority 
Strategy, 
should— 
(i) strengthen governance reforms to 
ensure necessary senior operational leader-
ship; and 
(ii) provide a coherent response to 
persistent gaps in joint electromagnetic 
spectrum operations across the areas of 
Doctrine, Organization, Training, Materiel, 
Leadership, Personnel, Facilities and Pol-
icy (DOTMLPF–P); 
Subtitle C—Space National Guard 
SEC. 921. ESTABLISHMENT OF SPACE NATIONAL GUARD. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established a Space 
National Guard that is part of the organized militia 
of the several States and Territories, Puerto Rico, 
and the District of Columbia—
991 
(A) in which the Space Force operates or 
where there are significant space launch or mis-
sion control facilities; and 
(B) active and inactive. 
(2) RESERVE
COMPONENT.—There is estab-
lished a Space National Guard of the United States 
that is the reserve component of the United States 
Space Force all of whose members are members of 
the Space National Guard. 
(b) COMPOSITION.—The Space National Guard shall 
be composed of the Space National Guard forces of the 
several States and Territories, Puerto Rico and the Dis-
trict of Columbia— 
(1) in which the Space Force operates or where 
there are significant space launch or mission control 
facilities; and 
(2) active and inactive. 
SEC. 922. NO EFFECT ON MILITARY INSTALLATIONS. 
Nothing in this subtitle, or the amendments made by 
this subtitle, shall be construed to authorize or require the 
relocation of any facility, infrastructure, or military instal-
lation of the Space National Guard or Air National Guard. 
SEC. 923. IMPLEMENTATION OF SPACE NATIONAL GUARD. 
(a) REQUIREMENT.—Except as specifically provided 
by this subtitle, the Secretary of the Air Force and Chief
992 
of the National Guard Bureau shall implement this sub-
title, and the amendments made by this subtitle, not later 
than 18 months after the date of the enactment of this 
Act. 
(b) BRIEFINGS.—Not later than 90 days after the 
date of the enactment of this Act, and annually for the 
five subsequent years, the Secretary of the Air Force, 
Chief of the Space Force and Chief of the National Guard 
Bureau shall jointly provide to the congressional defense 
committees a briefing on the status of the implementation 
of the Space National Guard pursuant to this subtitle and 
the amendments made by this subtitle. This briefing shall 
address the current missions, operations and activities, 
personnel requirements and status, and budget and fund-
ing requirements and status of the Space National Guard, 
and such other matters with respect to the implementation 
and operation of the Space National Guard as the Sec-
retary and the Chiefs jointly determine appropriate to 
keep Congress fully and currently informed on the status 
of the implementation of the Space National Guard. 
SEC. 924. CONFORMING AMENDMENTS AND CLARIFICA-
TION OF AUTHORITIES. 
(a) DEFINITIONS.— 
(1) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended—
993 
(A) in section 101— 
(i) in subsection (c)— 
(I) by redesignating paragraphs 
(6) and (7) as paragraphs (8) and 
(9), respectively; and 
(II) by inserting after paragraph 
(5) the following new paragraphs: 
‘‘(6) The term ‘Space National Guard’ means 
that part of the organized militia of the several 
States and territories, Puerto Rico, and the District 
Of Columbia, active and inactive, that— 
‘‘(A) is a space force; 
‘‘(B) is trained, and has its officers ap-
pointed under the sixteenth clause of section 8, 
article I of the Constitution; 
‘‘(C) is organized, armed, and equipped 
wholly or partly at Federal expense; and 
‘‘(D) is federally recognized. 
‘‘(7) The term ‘Space National Guard of the 
United States’ means the reserve component of the 
Space Force all of whose members are members of 
the Space National Guard.’’; and 
(B) in section 10101—
994 
(i) in the matter preceding paragraph 
(1), by inserting ‘‘the following’’ before the 
colon; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(8) The Space National Guard of the United 
States.’’. 
(2) TITLE 32, UNITED STATES CODE.—Section 
101 of title 32, United States Code is amended— 
(A) 
by 
redesignating 
paragraphs 
(8) 
through (19) as paragraphs (10) and (21), re-
spectively; and 
(B) by inserting after paragraph (7) the 
following new paragraphs: 
‘‘(8) The term ‘Space National Guard’ means 
that part of the organized militia of the several 
States and territories, Puerto Rico, and the District 
Of Columbia, in which the Space Force operates, ac-
tive and inactive, that— 
‘‘(A) is a space force; 
‘‘(B) is trained, and has its officers ap-
pointed under the sixteenth clause of section 8, 
article I of the Constitution; 
‘‘(C) is organized, armed, and equipped 
wholly or partly at Federal expense; and
995 
‘‘(D) is federally recognized. 
‘‘(9) The term ‘Space National Guard of the 
United States’ means the reserve component of the 
Space Force all of whose members are members of 
the Space National Guard.’’. 
(b) RESERVE COMPONENTS.—Chapter 1003 of title 
10, United States Code, is amended— 
(1) by adding at the end the following new sec-
tions: 
‘‘§ 10115. Space National Guard of the United States: 
composition 
‘‘The Space National Guard of the United States is 
the reserve component of the Space Force that consists 
of— 
‘‘(1) federally recognized units and organiza-
tions of the Space National Guard; and 
‘‘(2) members of the Space National Guard who 
are also Reserves of the Space Force. 
‘‘§ 10116. Space National Guard: when a component of 
the Space Force 
‘‘The Space National Guard while in the service of 
the United States is a component of the Space Force.
996 
‘‘§ 10117. Space National Guard of the United States: 
status when not in Federal service 
‘‘When not on active duty, members of the Space Na-
tional Guard of the United States shall be administered, 
armed, equipped, and trained in their status as members 
of the Space National Guard.’’; and 
(2) in the table of sections at the beginning of 
such chapter, by adding at the end the following new 
items: 
‘‘10115. Space National Guard of the United States: composition. 
‘‘10116. Space National Guard: when a component of the Space Force. 
‘‘10117. Space National Guard of the United States: status when not in Federal 
service.’’. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2023 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred.
997 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $6,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by sub-
section (a) to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred.
998 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 1003. SENSE OF CONGRESS RELATING TO ENLISTED 
PERSONNEL SUBSISTENCE. 
It is the sense of Congress that the Secretary of De-
fense should establish clear and consistent definitions of 
key terms for use in reporting budgetary and financial in-
formation related to enlisted personnel subsistence. This 
information should be provided to Congress as part of the 
Department of Defense budget justification materials re-
lating to military personnel. 
SEC. 1004. SENSE OF CONGRESS RELATING TO THE COR-
RECTIVE ACTION PLANS REVIEW PROCESS. 
It is the sense of Congress that the Deputy Chief Fi-
nancial Officer should incorporate appropriate steps to im-
999 
prove its corrective action plans review process, including 
notices of findings and recommendations are appropriately 
linked to the correct corrective action plans to address 
such notices. The Deputy Chief Financial Officer should 
also update Department of Defense guidance to instruct 
the Department and components of the Department to 
document root cause analysis when needed to address defi-
ciencies auditors identified. The Deputy Chief Financial 
Officer must provide a briefing to the relevant congres-
sional committees on the efforts of the Department of De-
fense to link notices of findings and recommendations with 
the correct corrective action plans. 
SEC. 1005. SENSE OF CONGRESS RELATING TO THE FRAUD 
REDUCTION TASK FORCE. 
It is the sense of Congress that the Deputy Chief Fi-
nancial Officer should ensure that the Secretary of De-
fense designates all representatives to the Fraud Reduc-
tion Task Force as quickly as possible. 
Subtitle B—Counterdrug Activities 
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNI-
FIED 
COUNTERDRUG 
AND 
COUNTERTER-
RORISM CAMPAIGN IN COLOMBIA. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as most recently amended by
1000 
section 1007 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1889), is further amended— 
(1) in subsection (a)(1), by striking ‘‘2023’’ and 
inserting ‘‘2025’’; and 
(2) in subsection (c), by striking ‘‘2023’’ and 
inserting ‘‘2025’’. 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1021. NAVY CONSULTATION WITH MARINE CORPS ON 
MAJOR DECISIONS DIRECTLY CONCERNING 
MARINE CORPS AMPHIBIOUS FORCE STRUC-
TURE AND CAPABILITY. 
(a) IN GENERAL.—Section 8026 of title 10, United 
States Code, is amended by inserting ‘‘or amphibious force 
structure and capability’’ after ‘‘Marine Corps aviation’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended by inserting ‘‘or amphibious 
force structure and capability’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 803 of such title is 
amended by striking the item relating to section 
8026 and inserting the following new item: 
‘‘8026. Consultation with Commandant of the Marine Corps on major decisions 
directly concerning Marine Corps aviation or amphibious force 
structure and capability.’’.
1001 
SEC. 1022. NUMBER OF NAVY OPERATIONAL AMPHIBIOUS 
SHIPS. 
Section 8062 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) The naval combat forces of the Navy shall in-
clude not less than 31 operational amphibious ships, com-
prised of LSD–41 class ships, LSD–49 class ships, LPD– 
17 class ships, LPD–17 Flight II class ships, LHD–1 
class ships, LHA–6 Flight 0 class ships, and LHA–6 
Flight I class ships. For purposes of this subsection, an 
operational amphibious ship includes an amphibious ship 
that is temporarily unavailable for worldwide deployment 
due to routine or scheduled maintenance or repair.’’. 
SEC. 1023. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION OF LANDING DOCK SHIPS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2023 
for the Department of Defense may be obligated or ex-
pended to retire, prepare to retire, inactivate, or place in 
storage any of the following ships: 
(1) USS Germantown (LSD-42). 
(2) USS Gunston Hall (LSD-44). 
(3) USS Tortuga (LSD-46). 
(4) USS Ashland (LSD-48).
1002 
SEC. 1024. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION OF GUIDED MISSILE CRUIS-
ERS. 
(a) IN GENERAL.—Subject to subsection (b), none of 
the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2023 for the De-
partment of Defense may be obligated or expended to re-
tire, prepare to retire, inactivate, or place in storage more 
than four guided missile cruisers. 
(b) USS VICKSBURG.—The USS Vicksburg may not 
be retired, prepared to retire, inactivated, or placed in 
storage pursuant to subsection (a). 
SEC. 1025. BUSINESS CASE ANALYSES ON DISPOSITION OF 
CERTAIN GOVERNMENT-OWNED DRY-DOCKS. 
(a) AFDM-10.—Not later than March 1, 2023, the 
Secretary of the Navy shall submit to the congressional 
defense committees the results of a business case analysis 
under which the Secretary shall present a comparison of 
the following four options for Auxiliary Floating Dock, 
Medium-10 in Seattle, Washington (in this section re-
ferred to as ‘‘AFDM-10’’): 
(1) The continued use of AFDM-10, in the 
same location and under the same lease authorities 
in effect on the date of the enactment of this Act.
1003 
(2) The relocation and use of AFDM-10 in al-
ternate locations under the same lease authorities in 
effect on the date of the enactment of this Act. 
(3) The relocation and use of AFDM-10 in al-
ternate locations under alternative lease authorities. 
(4) The conveyance of AFDM-10 at a fair mar-
ket rate to an appropriate non-Government entity 
with expertise in the non-nuclear ship repair indus-
try. 
(b) GRAVING DOCK AT NAVAL BASE, SAN DIEGO.— 
Not later than March 1, 2023, the Secretary of the Navy 
shall submit to the congressional defense committees the 
results of a business case analysis under which the Sec-
retary shall present a comparison of the following two op-
tions for the Government-owned graving dock at Naval 
Base San Diego, California: 
(1) The continued use of such graving dock, in 
accordance with the utilization strategy described in 
the May 25, 2022 report to Congress entitled ‘‘Navy 
Dry Dock Strategy for Surface Ship Maintenance 
and Repair’’. 
(2) The lease of such graving dock to an appro-
priate non-Government entity with expertise in the 
non-nuclear ship repair industry.
1004 
SEC. 1026. 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, the Marine Mammal System pro-
gram, that has been used, or is currently being used, for— 
(1) port security at Navy bases, known as 
Mark-6 systems; or 
(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 de-
fense committees that the Secretary has— 
(1) identified a replacement capability and the 
necessary quantity of such capability to meet all 
operational requirements currently being met by the 
Marine Mammal System program, including a de-
tailed explanation 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
1005 
(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 System program, including 
a detailed explanation of such deployment. 
SEC. 1027. DEADLINE FOR 75 PERCENT MANNING FILL FOR 
SHIPS UNDERGOING NUCLEAR REFUELING 
OR DEFUELING. 
By not later than December 31, 2023, the Secretary 
of the Navy shall ensure that the manning fill for each 
ship undergoing nuclear refueling or defueling, and any 
concurrent complex overhaul, is not less than— 
(1) 75 percent overall; and 
(2) 75 percent for enlisted grades E-6 and 
above. 
SEC. 1028. PROHIBITION ON DEACTIVATION OF NAVY COM-
BAT DOCUMENTATION DETACHMENT 206. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2023 
for the Navy may be obligated or expended to deactivate, 
or prepare to deactivate Navy Combat Documentation De-
tachment 206.
1006 
SEC. 1029. WITHHOLDING OF CERTAIN INFORMATION 
ABOUT SUNKEN MILITARY CRAFTS. 
Section 1406 of the Sunken Military Craft Act (title 
XIV of Public Law 108–375; 10 U.S.C. 113 note) is 
amended by adding at the end the following new sub-
section: (j) 
‘‘(j) WITHHOLDING OF CERTAIN INFORMATION.— 
Pursuant to subparagraphs (A)(ii) and (B) of section 
552(b)(3) of title 5 United States Code, the Secretary con-
cerned may withhold from public disclosure information 
and data about the location or character of a sunken mili-
tary craft under the jurisdiction of the Secretary, if such 
disclosure would increase the risk of the unauthorized dis-
turbance of one or more sunken military craft.’’. 
SEC. 1030. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION OF EXPEDITIONARY TRANS-
FER DOCK SHIPS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2023 
for the Department of Defense may be obligated or ex-
pended to retire, prepare to retire, inactivate, or place in 
storage the following ships: 
(1) ESD-1. 
(2) ESD-2.
1007 
SEC. 1031. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION OF LITTORAL COMBAT SHIPS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2023 
for the Department of Defense may be obligated or ex-
pended to retire, prepare to retire, inactivate, or place in 
storage more than four Littoral Combat Ships. 
SEC. 1032. BRIEFING ON FIELDING OF SPEIR ON ALL SUR-
FACE COMBATANT VESSELS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall provide 
to the congressional defense committees a briefing on an 
assessment, including cost, of fielding SPEIR on all sur-
face combatant vessels. 
SEC. 1033. REPORT ON EFFECTS OF MULTIPLE AWARD 
CONTRACT-MULTI ORDER CONTRACTING. 
(a) IN GENERAL.—Not later than October 1, 2023, 
the Secretary of the Navy shall submit to the congres-
sional defense committees a comprehensive report on the 
effects of Multiple Award Contract-multi Order con-
tracting (in this section referred to as ‘‘MAC-MO’’) on 
battle force ship availability and maintenance costs. 
(b) MATTERS FOR INCLUSION.—The report required 
by subsection (a) shall include each of the following: 
(1) An analysis plan for the MAC-MO strategy.
1008 
(2) Lessons learned from the MAC-MO strategy 
implementation. 
(3) A description of the effects of competition 
opportunities following the shift to MAC-MO. 
(4) An identification of best practices from the 
previous Multi-ship Multi-Option strategy that have 
been identified and applied to the MAC-MO strat-
egy. 
(5) An assessment of current perform-to-plan 
metrics and how such metrics have influenced ongo-
ing contracting processes. 
(6) An assessment of MAC-MO strategy on 
ship maintenance availabilities. 
(7) An assessment of ship maintenance work-
load predictability under the MAC-MO strategy. 
(8) An identification of any planned changes to 
account for schedule delays. 
(9) An assessment of possible maintenance 
delays due to contract award processing that cross 
fiscal years. 
SEC. 1034. CONGRESSIONAL NOTIFICATION REGARDING 
PENDING RETIREMENT OF NAVAL VESSELS 
VIABLE FOR ARTIFICIAL REEFING. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Navy should explore and
1009 
solicit artificial reefing opportunities with appropriate en-
tities for any naval vessel planned for retirement before 
initiating any plans to dispose of the vessel. 
(b) REPORT.—Not later than 90 days before the re-
tirement from the Naval Vessel Register of any naval ves-
sel that is a viable candidate for artificial reefing, the Sec-
retary of the Navy shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives notice of the pending retirement of such vessel. 
SEC. 1034A. AWARD OF CONTRACTS FOR SHIP REPAIR 
WORK TO NON-HOMEPORT SHIPYARDS TO 
MEET SURGE CAPACITY. 
Section 8669a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) In order to meet surge capacity, the Secretary 
of the Navy may solicit proposals from, and award con-
tracts for ship repair to, non-homeport shipyards that oth-
erwise meet the requirements of the Navy for ship repair 
work.’’.
1010 
Subtitle D—Counterterrorism 
SEC. 1035. PROHIBITION ON USE OF FUNDS FOR TRANSFER 
OR RELEASE OF INDIVIDUALS DETAINED AT 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA, TO CERTAIN COUNTRIES. 
No amounts authorized to be appropriated or other-
wise made available for the Department of Defense may 
be used during the period beginning on the date of the 
enactment of this Act and ending on December 31, 2023, 
to transfer, release, or assist in the transfer or release of 
any individual detained in the custody or under the control 
of the Department of Defense at United States Naval Sta-
tion, Guantanamo Bay, Cuba, to the custody or control 
of any country, or any entity within such country, as fol-
lows: 
(1) Libya. 
(2) Somalia. 
(3) Syria. 
(4) Yemen. 
(5) Afghanistan. 
SEC. 1036. REPORT ON THREAT POSED BY DOMESTIC TER-
RORISTS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the officials specified in
1011 
subsection (c), shall submit to the congressional defense 
committees a report that includes an evaluation of the na-
ture and extent of the domestic terror threat and domestic 
terrorist groups. 
(b) ELEMENTS.—The report under subsection (a) 
shall— 
(1) describe the manner in which domestic ter-
ror activity is tracked and reported; 
(2) identify all known domestic terror groups, 
whether formal in nature or loosely affiliated 
ideologies, including groups motivated by a belief 
system of white supremacy such as the Proud Boys 
and Boogaloo; 
(3) include a breakdown of the ideology of each 
group; and 
(4) describe the efforts of such groups, if any, 
to infiltrate or target domestic constitutionally pro-
tected activity by citizens for cooption or to carry 
out attacks, and the number of individuals associ-
ated or affiliated with each group that engages in 
such efforts. 
(c) OFFICIALS SPECIFIED.—The officials specified in 
this subsection are the following: 
(1) The Director of the Federal Bureau of In-
vestigation
1012 
(2) The Under Secretary of Homeland Security 
for Intelligence and Analysis. 
(3) The Director of National Intelligence. 
SEC. 1037. CONSIDERATION OF HUMAN RIGHTS RECORDS 
OF RECIPIENTS OF SUPPORT OF SPECIAL OP-
ERATIONS TO COMBAT TERRORISM. 
Section 127e of title 10, United States Code, is 
amended— 
(1) in subsection (c)(2) by adding at the end of 
the following new subparagraph— 
‘‘(D) The processes through which the Sec-
retary, in consultation with the Secretary of 
State, shall ensure that, prior to a decision to 
provide any support to foreign forces, irregular 
forces, groups, or individuals, full consideration 
is given to any credible information available to 
the Department of State relating to violations 
of human rights by such entities.’’. 
(2) in subsection (d)(2)— 
(A) in subparagraph (H), by inserting ‘‘, 
including the promotion of good governance and 
rule of law and the protection of civilians and 
human rights’’ before the period at the end; 
(B) in subparagraph (I)—
1013 
(i) by striking the period at the end 
and inserting ‘‘or violations of the laws of 
armed conflict, including the Geneva Con-
ventions of 1949, including—’’; and 
(ii) by adding at the end the following 
new clauses: 
‘‘(i) vetting units receiving such sup-
port for violations of human rights; 
‘‘(ii) providing human rights training 
to units receiving such support; and 
‘‘(iii) providing for the investigation of 
allegations of gross violations of human 
rights and termination of such support in 
cases of credible information of such viola-
tions.’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(J) A description of the human rights 
record of the recipient, including for purposes 
of section 362 of this title, and any relevant at-
tempts by such recipient to remedy such 
record.’’; 
(3) in subsection (i)(3) by adding at the end the 
following new subparagraph:
1014 
‘‘(I) An assessment of how support pro-
vided under this section advances United States 
national security priorities and aligns with 
other United States Government efforts to ad-
dress underlying risk factors of terrorism and 
violent extremism, including repression, human 
rights abuses, and corruption.’’; and 
(4) by adding at the end the following new sub-
sections: 
‘‘(j) PROHIBITION ON USE OF FUNDS.—(1) Except 
as provided in paragraphs (2) and (3), no funds may be 
used to provide support to any foreign forces, irregular 
forces, groups, or individuals if the Secretary of Defense 
has credible information that the unit has committed a 
gross violation of human rights. 
‘‘(2) The Secretary of Defense, after consultation 
with the Secretary of State, may waive the prohibition 
under paragraph (1) if the Secretary determines that the 
waiver is required by extraordinary circumstances. 
‘‘(3) The prohibition under paragraph (1) shall not 
apply with respect to the foreign forces, irregular forces, 
groups, or individuals of a country if the Secretary of De-
fense determines that— 
‘‘(A) the government of such country has taken 
all necessary corrective steps; or
1015 
‘‘(B) the support is necessary to assist in dis-
aster relief operations or other humanitarian or na-
tional security emergencies. 
‘‘(k) SAVINGS CLAUSE.—Nothing in this section shall 
be construed to constitute a specific statutory authoriza-
tion for any of the following: 
‘‘(1) The conduct of a covert action, as such 
term is defined in section 503(e) of the National Se-
curity Act of 1947 (50 U.S.C. 3093). 
‘‘(2) The introduction of United States armed 
forces, within the meaning of section 5(b) of the 
War Powers Resolution, into hostilities or into situa-
tions wherein hostilities are clearly indicated by the 
circumstances. 
‘‘(3) The provision of support to regular forces, 
irregular forces, groups, or individuals for the con-
duct of operations that United States Special Oper-
ations Forces are not otherwise legally authorized to 
conduct themselves. 
‘‘(4) The conduct or support of activities, di-
rectly or indirectly, that are inconsistent with the 
laws of armed conflict.’’.
1016 
SEC. 1038. CONSIDERATION OF HUMAN RIGHTS RECORDS 
OF RECIPIENTS OF SUPPORT OF SPECIAL OP-
ERATIONS FOR IRREGULAR WARFARE. 
Section 1202 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1639) is amended— 
(1) in subsection (c)(2), by adding at the end 
of the following new subparagraph: 
‘‘(D) The processes through which the Sec-
retary shall, in consultation with the Secretary 
of State, ensure that prior to a decision to pro-
vide support to individual members or units of 
foreign forces, irregular forces, or groups in a 
foreign country full consideration is given to 
any credible information available to the De-
partment of State relating to gross violations of 
human rights by such individuals or units.’’; 
(2) in subsection (d)(2) of such section— 
(A) by redesignating subparagraph (G) as 
subparagraph (H); and 
(B) by inserting after subparagraph (F) 
the following new subparagraph (G): 
‘‘(G) A description of the human rights 
record of the recipient, including for purposes 
of section 362 of title 10, United States Code,
1017 
and any relevant attempts by such recipient to 
remedy such record.’’; 
(3) in subsection (h)(3), by adding at the end 
the following new subparagraph: 
‘‘(I) An assessment of how support pro-
vided under this section advances United States 
national security priorities and aligns with 
other United States Government interests in 
countries in which activities under the authority 
in this section are ongoing.’’; 
(4) by redesignating subsection (i) as subsection 
(j); and 
(5) by inserting after subsection (h) the fol-
lowing new subsection (i): 
‘‘(i) PROHIBITION ON USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), no funds may be used to provide 
support to any individual member or unit of a for-
eign force, irregular force, or group in a foreign 
country if the Secretary of Defense has credible in-
formation that such individual or unit has com-
mitted a gross violation of human rights. 
‘‘(2) WAIVER
AUTHORITY.—The Secretary of 
Defense, after consultation with the Secretary of 
State, may waive the prohibition under paragraph
1018 
(1) if the Secretary determines that the waiver is re-
quired by extraordinary circumstances. 
‘‘(3) EXCEPTION.—The prohibition under para-
graph (1) shall not apply with respect to individual 
members or units of such foreign forces, irregular 
forces, or groups if the Secretary of Defense, after 
consultation with the Secretary of State, determines 
that— 
‘‘(A) the government of such country has 
taken all necessary corrective steps; or 
‘‘(B) the support is necessary to assist in 
disaster relief operations or other humanitarian 
or national security emergencies.’’. 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. MODIFICATION OF AUTHORITY FOR HUMANI-
TARIAN DEMINING ASSISTANCE AND STOCK-
PILED CONVENTIONAL MUNITIONS ASSIST-
ANCE. 
(a) LOCATION OF ASSISTANCE.—Section 407 of title 
10, United States Code, is amended— 
(1) in subsection (a)(1)— 
(A) in the matter preceding subparagraph 
(A)—
1019 
(i) by striking ‘‘carry out’’ and insert-
ing ‘‘provide’’; and 
(ii) by striking ‘‘in a country’’ and in-
serting ‘‘to a country’’; and 
(B) in subparagraph (A), by striking ‘‘in 
which the activities are to be carried out’’ and 
inserting ‘‘to which the assistance is to be pro-
vided’’; and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘in which’’ and insert-
ing ‘‘to which’’; and 
(ii) by striking ‘‘carried out’’ and in-
serting ‘‘provided’’; 
(B) in paragraph (2), by striking ‘‘carried 
out in’’ and inserting ‘‘provided to’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘in which’’ and insert-
ing ‘‘to which’’; and 
(ii) by striking ‘‘carried out’’ and in-
serting ‘‘provided’’; and 
(D) in paragraph (4), by striking ‘‘in car-
rying out such assistance in each such country’’ 
and inserting ‘‘in providing such assistance to 
each such country’’.
1020 
(b) EXPENSES.—Subsection (c) of such section 407 
is amended— 
(1) in paragraph (2), by adding at the end the 
following new subparagraph: 
‘‘(C) Travel, transportation, and subsistence ex-
penses of foreign personnel to attend training pro-
vided by the Department of Defense under this sec-
tion.’’; and 
(2) 
in 
paragraph 
(3), 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$20,000,000’’. 
(c) REPORT.—Subsection (d) of such section 407, as 
amended by subsection (a)(2) of this section, is further 
amended in the matter preceding paragraph (1), by strik-
ing ‘‘include in the annual report under section 401 of 
this title a separate discussion of’’ and inserting ‘‘submit 
to the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate and the Committee 
on Armed Services and the Committee on Foreign Affairs 
of the House of Representatives a report on’’. 
SEC. 1042. SECURITY CLEARANCES FOR RECENTLY SEPA-
RATED MEMBERS OF THE ARMED FORCES 
AND CIVILIAN EMPLOYEES OF THE DEPART-
MENT OF DEFENSE. 
(a) IMPROVEMENTS.—
1021 
(1) IN GENERAL.—Except as provided in sub-
section (b), beginning on the date on which a cov-
ered individual separates from the Armed Forces or 
the Department of Defense (as the case may be), if 
the Secretary of Defense determines that the covered 
individual held a security clearance immediately 
prior to such separation and requires a security 
clearance of an equal or lower level for employment 
as a covered contractor, the Secretary shall— 
(A) during the one-year period following 
such date, treat the previously held security 
clearance as an active security clearance for 
purposes of such employment; and 
(B) during the two-year period following 
the conclusion of the period specified in sub-
paragraph (A), ensure that the adjudication of 
any request submitted by the covered employee 
for the reactivation of the previously held secu-
rity clearance for purposes of such employment 
is completed by not later than 180 days after 
the date of such submission. 
(2) COAST GUARD.—In the case of a member of 
the Armed Forces who is a member of the Coast 
Guard, the Secretary of Defense shall carry out 
paragraph (1) in consultation with the Secretary of
1022 
the Department in which the Coast Guard is oper-
ating. 
(b) EXCEPTIONS.— 
(1) IN
GENERAL.—Subsection (a) shall not 
apply with respect to a covered individual— 
(A) whose previously held security clear-
ance is, or was as of the date of separation of 
the covered individual, under review as a result 
of one or more potentially disqualifying factors 
or conditions that have not been fully inves-
tigated or mitigated; or 
(B) in the case of a member of the Armed 
Forces, who separated from the Armed Forces 
under other than honorable conditions. 
(2) CLARIFICATION OF REVIEW EXCEPTION.— 
The exception specified in paragraph (1)(A) shall 
not apply with respect to a routine periodic reinves-
tigation or a continuous vetting investigation in 
which no potentially disqualifying factors or condi-
tions have been found. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contractor’’ means an 
individual who is employed by an entity that carries 
out work under a contract with the Department of 
Defense or an element of the intelligence community.
1023 
(2) The term ‘‘covered individual’’ means a 
former member of the Armed Forces or a former ci-
vilian employee of the Department of Defense. 
(3) The term ‘‘intelligence community’’ has the 
meaning given that term in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003). 
SEC. 1043. SUBMISSION OF NATIONAL DEFENSE STRATEGY 
IN UNCLASSIFIED FORM. 
Section 113(g)(1)(D) of title 10, United States Code, 
is amended by striking ‘‘in classified form with an unclas-
sified summary.’’ and inserting ‘‘in unclassified form, but 
may include a classified annex.’’. 
SEC. 1044. COMMON ACCESS CARDS FOR DEPARTMENT OF 
DEFENSE FACILITIES FOR CERTAIN CON-
GRESSIONAL STAFF. 
(a) IN GENERAL.—The Secretary of Defense shall 
develop processes and procedures under which the Sec-
retary shall issue common access cards to staff of the con-
gressional defense committees who need such access to fa-
cilitate the performance of required congressional over-
sight activities. Such common access cards shall provide 
such staff with access to all Department of Defense instal-
lations and facilities. 
(b) IMPLEMENTATION.—The Secretary shall imple-
ment the processes and procedures developed under sub-
1024 
section (a) by not later than 180 days after the date of 
the enactment of this Act. 
(c) INTERIM BRIEFING.—Not later than 90 days 
after the date of the enactment of the Act, the Secretary 
of Defense shall provide to the congressional defense com-
mittees an interim briefing on the status of the processes 
and procedures required to be developed under subsection 
(a). 
SEC. 1045. INTRODUCTION OF ENTITIES IN TRANSACTIONS 
CRITICAL TO NATIONAL SECURITY. 
(a) IN GENERAL.—The Secretary of Defense may fa-
cilitate the introduction of entities for the purpose of dis-
cussing a covered transaction that the Secretary has deter-
mined is in the national security interests of the United 
States. 
(b) COVERED TRANSACTION DEFINED.—The term 
‘‘covered transaction’’ means a transaction that the Sec-
retary has reason to believe would likely involve an entity 
affiliated with a strategic competitor unless an alternative 
transaction were to occur. 
SEC. 1046. REPOSITORY OF LOCAL NATIONALS WORKING 
FOR OR ON BEHALF OF FEDERAL GOVERN-
MENT IN THEATER OF COMBAT OPERATIONS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
1025 
(1) there are well documented administrative 
issues with current and former Special Immigrant 
Visa programs that significantly increase the appli-
cation timeline and impact applicants seeking to 
verify their eligibly for these programs; 
(2) administrative issues such a verification of 
employment, characterization of service, personnel 
data, and biographical data needed for employment 
by a local national employee but not centrally main-
tained should not be a barrier for an applicant who 
has put themselves or their family at risk by pro-
viding faithful and valuable service in support the 
United States Government; 
(3) upon studying existing databases within the 
federal government, none meet the requirement that 
would provide a centralized database that all federal 
departments and agencies could utilize to ensure 
that in the future, eligible applicants do not have ap-
plications delayed or denied due to missing adminis-
trative data; 
(4) the creation of such a database, exercising 
current privacy data control policies, would stream-
line the application process and provide independent 
and centralized verification that an applicant is in-
deed eligible for the program; and
1026 
(5) Special Immigrant Visa programs are con-
sistent with our national values, and therefore, it is 
an obligation to make sure the accurate data nec-
essary to verify and complete these applications ex-
peditiously is available when needed. 
(b) DATABASE.—Not later than one year after the 
date of enactment of this Act, the Secretary of Defense, 
in coordination with the Secretary of State, shall establish 
and maintain a database listing all foreign nationals work-
ing for the United States Government or any contractor 
or subcontractor (at any tier) of the Department of De-
fense, the Department of State, or any other agency or 
instrumentality of the Executive branch in a theater of 
combat operations. This section and the requirements of 
this section shall be carried out consistent with the Privacy 
Act of 1974. 
(c) 
REQUIREMENTS.—The 
database 
established 
under subsection (b) shall be electronic and searchable, 
and shall include, with respect to each foreign national so 
listed, the following: 
(1) Full name and date of birth. 
(2) Contact information. 
(3) Local national or State ID Number. 
(4) Passport number, if applicable. 
(5) Job location.
1027 
(6) The component of Government or con-
tractor contact information. 
(7) Start and end dates, total length of service, 
and whether the foreign national has met the length 
of service requirement for the Special Immigrant 
Visa program in that country, if applicable. 
(8) A thorough description of work duties and 
the location where duties were performed. 
(9) Any other information the Secretary of De-
fense or Secretary of State deems appropriate. 
(d) NOTIFICATION.—The Secretary of Defense, Sec-
retary of State, the head of any other agency or instru-
mentality of the Executive branch, and each contractor or 
subcontractor (at any tier) of the Department of Defense, 
the Department of State, or such other agency or instru-
mentality, shall provide to any foreign national employee 
in the database established under subsection (b), at the 
end of each year of employment with the Government, con-
tractor, or subcontractor (at any tier) (as the case may 
be) and on the date such employment terminates, a writ-
ten certification regarding such employee’s total length of 
service.
1028 
SEC. 1047. TRANSFERS AND PAY OF NONAPPROPRIATED 
FUND EMPLOYEES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense 
shall update policies and procedures, as needed, to expe-
dite the process for interservice transfers of non-
appropriated fund employees. The Secretary shall provide 
an update to the appropriate committees on the comple-
tion of such updates. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall submit a re-
port to the congressional defense committees on the fol-
lowing: 
(1) The impact of the change on the processing 
time for transfers of nonappropropriated fund em-
ployees 
between 
nonappropriated 
fund 
instrumentaliteis in different military services. 
(2) The impact of the changes on the proc-
essing time for reinstatement of nonappropriated 
fund employees to a nonappropriated fund instru-
mentality in a military service that is different from 
the military service where the individual was pre-
viously employed by a nonappropriated fund instru-
mentality. 
(3) The impact of the changes on recruitment 
and retention of nonappropriated fund employees in
1029 
general and specifically for nonappropriated fund 
employees of military child development centers. 
SEC. 1048. ESTABLISHMENT OF JOINT TRAINING PIPELINE 
BETWEEN UNITED STATES NAVY AND ROYAL 
AUSTRALIAN NAVY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the AUKUS partnership between Australia, 
the United Kingdom, and the United States presents 
a significant opportunity to enhance security co-
operation in the Indo-Pacific region; 
(2) parties to the AUKUS partnership should 
work expeditiously to implement a strategic roadmap 
to successfully deliver capabilities outlined in the 
agreement; 
(3) the United States should engage with indus-
try partners to develop a comprehensive under-
standing of the requirements needed to increase ca-
pacity and capability; 
(4) Australia should continue to expand its in-
dustrial base to support production and delivery of 
future capabilities; 
(5) the delivery of a nuclear-powered submarine 
to the Government of Australia would require the 
appropriate training and development of future com-
1030 
manding officers to operate such submarines for the 
Royal Australian Navy; and 
(6) in order to uphold the stewardship of the 
Naval Nuclear Propulsion Program, the Secretary of 
Defense should work to coordinate an exchange pro-
gram to integrate and train Australian sailors for 
the operation and maintenance of nuclear-powered 
submarines. 
(b) EXCHANGE PROGRAM.—The Secretary of De-
fense, in consultation with the Secretary of Energy, shall 
carry out an exchange program for Australian submarine 
officers during 2023 and each subsequent year. Under the 
program, each year, a minimum of two Australian sub-
marine officers shall be selected to participate in the pro-
gram. Each such participant shall— 
(1) receive training in the Navy Nuclear Pro-
pulsion School; 
(2) following such training and by not later 
than July 1 of the year of participation, enroll in the 
Submarine Office Basic Course; and 
(3) following completion of such course, be as-
signed to duty on an operational United States sub-
marine at sea. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense
1031 
shall submit to the congressional defense committees a re-
port on a notional exchange program for Australian sub-
marine officers that includes initial, follow-on, and recur-
ring training that could be provided to Australian sub-
marine officers in order prepare such officers for com-
mand of nuclear-powered Australian submarines. 
SEC. 1049. INSPECTOR GENERAL OVERSIGHT OF DEPART-
MENT OF DEFENSE ACTIVITIES IN RESPONSE 
TO 
RUSSIA’S 
FURTHER 
INVASION 
OF 
UKRAINE. 
The Inspector General of the Department of Defense 
Inspector General shall carry out comprehensive oversight 
and conduct reviews, audits, investigations, and inspec-
tions of the activities conducted by the Department of De-
fense in response to Russia’s further invasion of Ukraine, 
initiated on February 24, 2022, including military assist-
ance provided to Ukraine by the Department of Defense. 
SEC. 1050. CONSULTATION OF CONGRESSIONAL DEFENSE 
COMMITTEES IN PREPARATION OF NATIONAL 
DEFENSE STRATEGY. 
Section 113(g)(1) of title 10, United States Code, is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(D) 
through (F) as subparagraphs (E) through (G), re-
spectively; and
1032 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph (D): 
‘‘(D) In addressing the matters referred to in sub-
paragraph (B)(i) and (ii), the Secretary may seek the ad-
vice and views of the congressional defense committees, 
through the Chair and Ranking Members of the congres-
sional defense committees. The congressional defense com-
mittees, through the Chair and Ranking Member of the 
congressional defense committees, may submit their advice 
and views to the Secretary in writing. Any such written 
views shall be published as an annex to the national de-
fense strategy.’’. 
SEC. 1051. PROHIBITION ON USE OF FUNDS FOR AERIAL 
FUMIGATION IN COLOMBIA. 
None of the amounts authorized to be appropriated 
by this Act or otherwise made available for the Depart-
ment of Defense for fiscal year 2022 may be used to di-
rectly conduct, support, assist, or contribute to the per-
formance of the aerial fumigation of crops in Colombia. 
SEC. 1052. ASSESSMENT OF SUICIDE RISK AT MILITARY IN-
STALLATIONS. 
(a) PROCEDURE.—The Secretary of Defense, acting 
through the Under Secretary of Defense for Personnel and 
Readiness and in collaboration with the Defense Suicide
1033 
Prevention Office. shall establish a procedure for assessing 
suicide risk at military installations. 
(b) REPORT.— Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the strategy and procedure for assessing suicide 
risk at military installations. 
Subtitle F—Studies and Reports 
SEC. 1061. BRIEFING ON GLOBAL FORCE MANAGEMENT AL-
LOCATION PLAN. 
Section 1074(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81) is 
amended by adding at the end the following new para-
graph: 
‘‘(4) For each major modification to global 
force allocation made during the preceding fiscal 
year that deviated from the Global Force Manage-
ment Allocation Plan for that fiscal year— 
‘‘(A) an analysis of the costs of such modi-
fication; 
‘‘(B) an assessment of the risks associated 
with such modification, including strategic 
risks, operational risks, and risks to readiness; 
and
1034 
‘‘(C) a description of any strategic trade- 
offs associated with such modification.’’. 
SEC. 1062. EXTENSION AND MODIFICATION OF REPORTING 
REQUIREMENT REGARDING ENHANCEMENT 
OF INFORMATION SHARING AND COORDINA-
TION OF MILITARY TRAINING BETWEEN DE-
PARTMENT OF HOMELAND SECURITY AND 
DEPARTMENT OF DEFENSE. 
Section 1014 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328) is amend-
ed— 
(1) in subsection (d)— 
(A) in paragraph (1)(B)(iv), by adding at 
the end the following new subclauses: 
‘‘(VIII) The methodology used 
for making cost estimates in the eval-
uation of a request for assistance. 
‘‘(IX) The extent to which the 
fulfillment of the request for assist-
ance affected readiness of the Armed 
Forces, including members of the re-
serve components.’’; and 
(B) in paragraph (3), by striking ‘‘Decem-
ber 31, 2023’’ and inserting ‘‘December 31, 
2024’’; and
1035 
(2) by adding at the end the following new sub-
section: 
‘‘(f) QUARTERLY BRIEFINGS.—Not later than 30 
days after the last day of each fiscal quarter, the Secretary 
of Defense shall provide to the Committees on Armed 
Services of the Senate and House of Representatives a 
briefing on any assistance provided by the Department of 
Defense to the border security mission of the Department 
of Homeland Security at the international borders of the 
United States during the quarter covered by the briefing. 
Each such briefing shall include each of the elements spec-
ified in subsection (d)(1)(B) for such quarter.’’. 
SEC. 1063. CONTINUATION OF REQUIREMENT FOR ANNUAL 
REPORT ON NATIONAL GUARD AND RESERVE 
COMPONENT EQUIPMENT. 
(a) IN GENERAL.—Section 1080(a) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does 
not apply to the report required to be submitted to Con-
gress under section 10541 of title 10, United States Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328); 130 Stat. 2402; 10 U.S.C. 111 
note) is amended by striking paragraph (62).
1036 
SEC. 1064. COMBATANT COMMAND RISK ASSESSMENT FOR 
AIRBORNE INTELLIGENCE, SURVEILLANCE, 
AND RECONNAISSANCE. 
(a) IN GENERAL.—Not later than 60 days after the 
date on which the Secretary of Defense submits to Con-
gress the materials in support of the budget for any fiscal 
year, or the date on which any of the military departments 
otherwise proposes to retire or otherwise divest any air-
borne intelligence, surveillance, and reconnaissance capa-
bilities, the Vice Chairman of the Joint Chiefs of Staff, 
in coordination with the commanders of each of the geo-
graphic combatant commands, shall submit to the con-
gressional defense committees a report containing an as-
sessment of the level of operational risk to each such com-
mand posed by the proposed retirement or divestment with 
respect to the capability of the command to meet near- 
, mid-, and far-term contingency and steady-state require-
ments against adversaries in support of the objectives of 
the national defense strategy under section 113(g) of title 
10, United States Code. 
(b) RISK ASSESSMENT.—In assessing levels of oper-
ational risk for the purposes of subsection (a), the Vice 
Chairman and the commanders of the geographic combat-
ant commands shall use the military risk matrix of the 
Chairman of the Joint Chiefs of Staff, as described in 
CJCS Instruction 3401.01E, or any successor instruction.
1037 
(c) GEOGRAPHIC COMBATANT COMMAND.—In this 
section, the term ‘‘geographic combatant command’’ 
means any of the following: 
(1) United States European Command. 
(2) United States Indo-Pacific Command. 
(3) United States Africa Command. 
(4) United States Southern Command. 
(5) United States Northern Command. 
(6) United States Central Command. 
(d) TERMINATION.—The requirement to submit a re-
port under this section shall terminate on the date that 
is five years after the date of the enactment of this Act. 
SEC. 1065. REPORTS ON EFFECTS OF STRATEGIC COMPET-
ITOR NAVAL FACILITIES IN AFRICA. 
(a) INITIAL REPORT.— 
(1) IN
GENERAL.—Not later than May 15, 
2023, the Secretary of Defense shall submit to the 
appropriate congressional committees a report on 
the effects on the national security of the United 
States of current or planned covered naval facilities 
in Africa. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) An identification of—
1038 
(i) any location in Africa where a cov-
ered naval facility has been established; 
and 
(ii) any location in Africa where a cov-
ered naval facility is planned for construc-
tion. 
(B) A detailed description of— 
(i) any agreement entered into be-
tween China or Russia and a country or 
government in Africa providing for or ena-
bling the establishment or operation of a 
covered naval facility in Africa; and 
(ii) any efforts by the Department of 
Defense to change force posture, deploy-
ments, or other activities in Africa as a re-
sult of current or planned covered naval fa-
cilities in Africa. 
(C) An assessment of— 
(i) the effect that each current cov-
ered naval facility has had on United 
States interests, allies, and partners in and 
around Africa; 
(ii) the effect that each planned cov-
ered naval facility is expected to have on
1039 
United States interests, allies, and part-
ners in and around Africa; 
(iii) the policy objectives of China and 
Russia in establishing current and future 
covered naval facilities at the locations 
identified under subparagraph (A); and 
(iv) the specific military capabilities 
supported by each current or planned cov-
ered naval facility. 
(b) UPDATE TO REPORT.— 
(1) IN
GENERAL.—Not later than March 1, 
2024, the Secretary of Defense shall submit to the 
appropriate congressional committees a report con-
taining an update to the report required under sub-
section (a). 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) An identification of— 
(i) any location in Africa where a cov-
ered naval facility has been established 
since the date of the submittal of the re-
port under subsection (a); and 
(ii) any location in Africa where a cov-
ered naval facility has been planned for 
construction since such date.
1040 
(B) A detailed description of— 
(i) any agreement entered into be-
tween China or Russia and country or gov-
ernment in Africa since such date pro-
viding for or enabling the establishment of 
a covered naval facility in Africa; and 
(ii) any efforts by the Department of 
Defense since such date to change force 
posture, deployments, or other activities in 
Africa as a result of current or planned 
covered naval facilities in Africa. 
(C) An updated assessment of— 
(i) the effect that each current cov-
ered naval facility has had on United 
States interests, allies, and partners in and 
around Africa since such date; 
(ii) the effect that each planned cov-
ered naval facility has had on United 
States interests, allies, and partners in and 
around Africa since such date; 
(iii) the policy objectives of China and 
Russia, including new objectives and 
changes to objectives, in establishing cur-
rent and future covered naval facilities at 
the locations identified in the report re-
1041 
quired under subsection (a) or in subpara-
graph (A); and 
(iv) the specific military capabilities 
supported by each current or planned cov-
ered naval facility at such locations, includ-
ing new capabilities and changes to capa-
bilities. 
(D) A detailed description of— 
(i) the policy of the Department of 
Defense surrounding strategic competitor 
efforts to establish and maintain covered 
naval facilities in Africa; and 
(ii) any actual or planned actions 
taken by the Department in response to 
such efforts and in coordination with glob-
al Department priorities, as identified in 
the national defense strategy under section 
113(g) of title 10, United States Code. 
(c) FORM.—A report required under subsection (a) 
or (b) shall be submitted in unclassified form without any 
designation relating to dissemination control, but may in-
clude a classified annex. 
(d) DEFINITIONS.—In this section:
1042 
(1) The term ‘‘Africa’’ means all countries in 
the area of operations of United States Africa Com-
mand and Egypt. 
(2) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Select 
Committee on Intelligence of the Senate. 
(3) The term ‘‘covered naval facility’’ means a 
naval facility owned, operated, or otherwise con-
trolled by the People’s Republic of China or the Rus-
sian Federation. 
(4) The term ‘‘naval facility’’ means a naval 
base, civilian sea port with dual military uses, or 
other facility intended for the use of warships or 
other naval vessels for refueling, refitting, resupply, 
force projection, or other military purposes.
1043 
SEC. 1066. ANNUAL REPORTS ON SAFETY UPGRADES TO 
THE 
HIGH 
MOBILITY 
MULTIPURPOSE 
WHEELED VEHICLE FLEETS. 
(a) ANNUAL REPORTS.—Not later than March 1, 
2023, and annually thereafter until the date specified in 
subsection (c), the Secretaries of the Army, Navy, and Air 
Force shall each submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port on the installation of safety upgrades to the high mo-
bility multipurpose wheeled vehicle fleets under the juris-
diction of the Secretary concerned, including anti-lock 
brakes, electronic stability control, and fuel tanks. 
(b) MATTERS
FOR INCLUSION.—Each report re-
quired under subsection (a) shall include, for the year cov-
ered by the report, each of the following: 
(1) The total number of safety upgrades nec-
essary for the high mobility multipurpose wheeled 
vehicle fleets under the jurisdiction of the Secretary 
concerned. 
(2) The total cumulative number of such up-
grades completed prior to the year covered by the re-
port. 
(3) A description of any such upgrades that 
were planned for the year covered by the report. 
(4) A description of any such upgrades that 
were made during the year covered by the report
1044 
and, if the number of such upgrades was less than 
the number of upgrades planned for such year, an 
explanation of the variance. 
(5) If the total number of necessary upgrades 
has not been made, a description of the upgrades 
planned for each year subsequent to the year cov-
ered by the report. 
(c) TERMINATION.—No report shall be required 
under this section after March 1, 2026. 
SEC. 1067. QUARTERLY REPORTS ON OPERATION SPARTAN 
SHIELD. 
(a) IN GENERAL.—The Inspector General of the De-
partment of Defense shall submit to the congressional de-
fense committees, and make publicly available on an ap-
propriate website of the Department, quarterly reports on 
Operation Spartan Shield in a manner consistent with sec-
tion 8L of the Inspector General Act of 1978 (5 U.S.C. 
App.). 
(b) FORM OF REPORTS.—Each report required under 
subsection (a) shall be submitted in unclassified form, but 
may contain a classified annex. 
(c) DEADLINE FOR FIRST REPORT.—The Inspector 
General shall submit the first quarterly report required 
under subsection (a) by not later than 180 days after the 
date of the enactment of this Act.
1045 
SEC. 1068. CONGRESSIONAL NOTIFICATION OF MILITARY 
INFORMATION SUPPORT OPERATIONS IN THE 
INFORMATION ENVIRONMENT. 
(a) IN GENERAL.—Not later than 15 days before the 
Secretary of Defense exercises the authority of the Sec-
retary to conduct a new military information support oper-
ation in the information environment, as affirmed in sec-
tion 1631(b) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 397 
note), the Secretary shall provide to the appropriate con-
gressional committees notice in writing of the intent to 
use such authority to conduct such operation. 
(b) ELEMENTS.—A notification under subsection (a) 
shall include each of the following: 
(1) A description of the type of support to be 
provided in the operation. 
(2) A description of the personnel engaged in 
supporting or facilitating the operation. 
(3) The amount obligated under the authority 
to provide support. 
(4) The expected duration of the operation and 
the desired outcome of the operation. 
(c) ANNUAL REPORT.—Not later than 90 days after 
the last day of any fiscal year during which the Secretary 
conducts a military support operation in the information 
environment, the Secretary shall submit to the appropriate
1046 
congressional committees a report on all such operations 
during such fiscal year. Such report shall include each of 
the following for each activity conducted pursuant to such 
an operation: 
(1) The name of the activity. 
(2) A description of the activity. 
(3) The combatant command responsible for 
the activity. 
(4) The desired outcome of the activity. 
(5) The target audience for the activity. 
(6) Any means of dissemination used in the 
conduct of the activity. 
(7) The cost of conducting the activity. 
(8) An assessment of the effectiveness of the 
activity. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; 
(2) the Permanent Select Committee on Intel-
ligence and the Committee on Foreign Affairs of the 
House of Representatives; and 
(3) the Select Committee on Intelligence and 
the Committee on Foreign Relations of the Senate.
1047 
SEC. 1069. DEPARTMENT OF DEFENSE DELAYS IN PRO-
VIDING COMMENTS ON GOVERNMENT AC-
COUNTABILITY OFFICE REPORTS. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, and once every 
180 days thereafter until the date that is 2 years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report on the extent to which 
the Department of Defense provided comments and sensi-
tivity and security reviews (for drafts tentatively identified 
as containing controlled unclassified information or classi-
fied information) in a timely manner and in accordance 
with the protocols of the Government Accountability Office 
during the 180-day period preceding the date of the sub-
mittal of the report. 
(b) REQUIREMENTS FOR GAO REPORT.—Each re-
port under subsection (a) shall include the following infor-
mation for the period covered by the report: 
(1) The number of draft Government Account-
ability Office reports for which the Government Ac-
countability Office requested comments from the De-
partment of Defense, including an identification of 
the reports for which a sensitivity or security review 
was requested (separated by reports potentially con-
taining only controlled unclassified information and
1048 
reports potentially containing classified information) 
and the reports for which such a review was not re-
quested. 
(2) The median and average number of days 
between the date of the request for Department of 
Defense comments and the receipt of such com-
ments. 
(3) The average number of days between the 
date of the request for a Department of Defense 
sensitivity or security review and the receipt of the 
results of such review. 
(4) In the case of any such draft report for 
which the Department of Defense failed to provide 
such comments or review within 30 days of the re-
quest for such comments or review— 
(A) the number of days between the date 
of the request and the receipt of such comments 
or review; and 
(B) a unique identifier, for purposes of 
identifying the draft report. 
(5) In the case of any such draft report for 
which the Government Accountability Office pro-
vided an extension to the Department of Defense—
1049 
(A) whether the Department provided the 
comments or review within the time period of 
the extension; and 
(B) a unique identifier, for purposes of 
identifying the draft report. 
(6) Any other information the Comptroller Gen-
eral determines appropriate. 
(c) DOD RESPONSES.—Not later than 30 days after 
the Comptroller General submits a report under sub-
section (a), the Secretary of Defense shall submit to the 
congressional defense committees a response to such re-
port that includes each of the following: 
(1) An identification of factors that contributed 
to any delays identified in the report with respect to 
Department of Defense comments and sensitivity or 
security reviews requested by the Government Ac-
countability Office. 
(2) A description of any actions the Depart-
ment of Defense has taken or plans to take to ad-
dress such factors. 
(3) A description of any improvements the De-
partment has made in the ability to track timeliness 
in providing such comments and sensitivity or secu-
rity reviews.
1050 
(4) Any other information the Secretary deter-
mines relevant to the information contained in the 
report submitted by the Comptroller General. 
SEC. 1070. REPORTS ON HOSTILITIES INVOLVING UNITED 
STATES ARMED FORCES. 
(a) IN GENERAL.—Not later than 48 hours after any 
incident in which the United States Armed Forces are in-
volved in an attack or hostilities, whether in an offensive 
or defensive capacity, the President shall transmit to the 
congressional defense committees, the Committee on For-
eign Relations of the Senate, and the Committee on For-
eign Affairs of the House of Representatives a report on 
the incident, unless the President— 
(1) otherwise reports the incident within 48 
hours pursuant to section 4 of the War Powers Res-
olution (50 U.S.C. 1543); or 
(2) has determined prior to the incident, and so 
reported pursuant to section 1264 of the National 
Defense Authorization Act for Fiscal Year 2018 (50 
U.S.C. 1549), that the United States Armed Forces 
involved in the incident would be operating under 
specific statutory authorization within the meaning 
of section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)).
1051 
(b) MATTERS TO BE INCLUDED.—Each report re-
quired by subsection (a) shall include— 
(1) the statutory and operational authorities 
under which the United States Armed Forces were 
operating when the incident occurred, including any 
relevant executive orders and an identification of the 
operational activities authorized under any such ex-
ecutive orders; 
(2) the date, location, and duration of the inci-
dent and the other parties involved; 
(3) a description of the United States Armed 
Forces involved in the incident and the mission of 
such Armed Forces; 
(4) the numbers of any combatant casualties 
and civilian casualties that occurred as a result of 
the incident; and 
(5) any other information the President deter-
mines appropriate. 
(c) FORM.—Each report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex.
1052 
SEC. 1071. ANNUAL REPORT ON CIVILIAN CASUALTIES IN 
CONNECTION WITH UNITED STATES MILI-
TARY OPERATIONS. 
Section 1057(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91) is 
amended— 
(1) in paragraph (1), by striking ‘‘that were 
confirmed, or reasonably suspected, to have resulted 
in civilian casualties’’ and inserting ‘‘that resulted in 
civilian casualties that have been confirmed or are 
reasonably suspected to have occurred’’; 
(2) in paragraph (2)— 
(A) in subparagraph (B), by inserting ‘‘, 
including, to the extent practicable, geographic 
coordinates of any strike resulting in civilian 
casualties occurring as a result of the conduct 
of the operation.’’ after ‘‘location’’; 
(B) in subparagraph (D), by inserting be-
fore the period the following: ‘‘, including the 
justification for each strike conducted as part of 
the operation’’; 
(C) in subparagraph (E), by inserting be-
fore the period at the end the following: ‘‘, for-
mulated as a range, if necessary, and including, 
to the extent practicable, information regarding
1053 
the number of men, women, and children in-
volved’’; and 
(D) by adding at the end the following new 
subparagraphs: 
‘‘(F) For each strike carried out as part of 
the operation, an assessment of the destruction 
of civilian property. 
‘‘(G) A summary of the determination of 
each completed civilian casualty assessment or 
investigation. 
‘‘(H) For each investigation into an inci-
dent that resulted in civilian casualties— 
‘‘(i) whether the Department con-
ducted any witness interviews or site visits 
occurred, and if not, an explanation of why 
not; and 
‘‘(ii) whether information pertaining 
to the incident that was collected by one or 
more non-governmental entities was con-
sidered, if such information exists.’’; and 
(3) by striking paragraph (4) and inserting the 
following new paragraph (4): 
‘‘(4) A description of any new or updated civil-
ian harm policies and procedures implemented by 
the Department of Defense.’’.
1054 
SEC. 1072. JUSTIFICATION FOR TRANSFER OR ELIMI-
NATION OF FLYING MISSIONS. 
(a) IN GENERAL.—Prior to the relocation or elimi-
nation of any flying mission, either with respect to an ac-
tive or reserve component of a covered Armed Force, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report describing the justification of 
the Secretary for the decision to relocate or eliminate such 
mission. Such report shall include each of the following: 
(1) A description of how the decision supports 
the national defense strategy, the national military 
strategy, the North American Aerospace Defense 
Command strategy, and other relevant strategies. 
(2) A specific analysis and metrics supporting 
such decision. 
(3) An analysis and metrics to show that the 
elimination or relocation of the flying mission would 
not negatively affect the homeland defense mission. 
(4) A plan for how the Department of Defense 
intends to fulfill or continue the mission require-
ments of the eliminated or relocated flying mission. 
(5) An assessment of the effect of the elimi-
nation or relocation on the national defense strategy, 
the national military strategy, the North American 
Aerospace Defense Command strategy, and the 
homeland defense mission.
1055 
(6) An analysis and metrics to show that the 
elimination or relocation of the flying mission and its 
secondary and tertiary impacts would not degrade 
capabilities and readiness of the Joint Force. 
(7) An analysis and metrics to show that the 
elimination or relocation of the flying mission would 
not negatively affect the national military airspace 
system. 
(b) COVERED ARMED FORCE.—In this section, the 
term ‘‘covered Armed Force’’ means— 
(1) The Army. 
(2) The Navy. 
(3) The Air Force. 
SEC. 1073. EQUIPMENT OF ARMY RESERVE COMPONENTS: 
ANNUAL REPORT TO CONGRESS. 
Section 10541(b)(10) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E), by striking ‘‘and’’; 
(2) by redesignating subparagraph (F) as sub-
paragraph (G); and 
(3) by inserting, after subparagraph (E), the 
following new subparagraph (F): 
‘‘(F) MQ-1C Gray Eagle Extended Range; 
and’’.
1056 
SEC. 1074. PUBLIC AVAILABILITY OF REPORTS. 
(a) REQUIREMENTS
FOR WITHHOLDING CERTAIN 
REPORTS.—Section 122a(b)(2)(D) of title 10, United 
States Code, is amended— 
(1) by striking the period at the end and insert-
ing ‘‘, if the Secretary—’’; 
(2) by adding at the end the following new 
clauses: 
‘‘(A) gives public notice that the report will 
be withheld pursuant to such determination; 
and 
‘‘(B) submits to the congressional defense 
committees the reason for the determination 
that the information should not be made avail-
able to the public.’’. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees, and make publicly available on an appropriate 
website of the Department of Defense, a report on the im-
plementation of section 122a of title 10, United States 
Code, as amended by subsection (a). Such report shall ad-
dress— 
(1) the procedures under which members of the 
public may request a covered report under sub-
section (a)(2) of such section 122a; and
1057 
(2) the procedures and criteria under which the 
Secretary determines that a report that would other-
wise be a covered report should not be made publicly 
available pursuant to subsection (b)(2)(D) of such 
section, as amended by subsection (a). 
SEC. 1075. QUARTERLY REPORTS ON EXPENDITURES FOR 
PLANNING AND DESIGN OF INFRASTRUC-
TURE TO SUPPORT PERMANENT UNITED 
STATES FORCE PRESENCE ON EUROPE’S 
EASTERN FLANK. 
(a) IN GENERAL.—The Commander of United States 
European Command shall submit to the congressional de-
fense committees quarterly reports on the use of the funds 
described in subsection (c) until the date on which all such 
funds are expended. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include an expenditure plan for the estab-
lishment of infrastructure to support permanent United 
States force presence in the covered region. 
(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— 
(1) Operation and Maintenance, Air Force, for 
Advanced Planning for Infrastructure to Support 
Presence on NATO’s Eastern Flank;
1058 
(2) Operation and Maintenance, Army, for Ad-
vanced Planning for Infrastructure to Support Pres-
ence on NATO’s Eastern Flank; and 
(3) Military Construction, Defense-wide, Plan-
ning & Design: EUCOM–Infrastructure to Support 
Presence on NATO’s Eastern Flank. 
(d) COVERED REGION.—In this section, the term 
‘‘covered region’’ means Romania, Poland, Lithuania, Lat-
via, Estonia, Hungary, Bulgaria, and Slovakia. 
SEC. 1076. STUDY ON MILITARY TRAINING ROUTES AND 
SPECIAL USE AIR SPACE NEAR WIND TUR-
BINES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) renewable energy development is expanding 
rapidly as the United States continues to invest in 
diversifying its energy portfolio; 
(2) this expansion has to be carefully consid-
ered in its potential impacts to low-level military 
training routes and special use airspace of the De-
partment of Defense; 
(3) it is imperative that the United States pre-
serves access to national airspace for military test 
and training and activities to ensure military readi-
ness while facilitating deployment of renewable en-
1059 
ergy projects, such as wind turbines, that enhance 
national and economic security in ways that are 
compatible with military airspace needs; and 
(4) the rapid proliferation of wind turbines 
around the world may require the Armed Forces to 
develop tactics, training, and procedures for oper-
ations in the vicinity of wind turbines in order to ex-
ploit potential adversaries’ turbines for tactical ad-
vantage. 
(b) STUDY AND REPORT.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall seek to enter into an agreement with a feder-
ally funded research and development center to con-
duct a study to identify low-level military training 
routes and special use airspace that may be used by 
the Department of Defense to conduct realistic 
training over and near wind turbines. 
(2) ELEMENTS.—As part of the study under 
paragraph (1), the federally funded research and de-
velopment center that conducts the study shall— 
(A) identify and define the requirements 
for military airspace that may be used for the 
training described in paragraph (1), taking into 
consideration—
1060 
(i) the operational and training needs 
of the Armed Forces; and 
(ii) the threat environments of adver-
saries of the United States, including the 
People’s Republic of China; 
(B) identify possibilities for combining live, 
virtual, and constructive flight training near 
wind projects, both onshore and offshore; 
(C) describe the airspace inventory re-
quired for low-level training proficiency given 
current and projected force structures; 
(D) provide recommendations for rede-
signing and properly sizing special use air space 
and military training routes to combine live and 
synthetic training in a realistic environment; 
(E) describe ongoing research and develop-
ment programs being utilized to mitigate im-
pacts of wind turbines on low-level training 
routes; and 
(F) identify current training routes im-
pacted by wind turbines, any previous training 
routes that are no longer in use because of wind 
turbines, and any training routes projected to 
be lost due to wind turbines.
1061 
(3) COORDINATION.—In carrying out para-
graph (1), the Secretary of Defense shall coordinate 
with— 
(A) the Under Secretary of Defense for 
Personnel and Readiness; 
(B) the Department of Defense Policy 
Board on Federal Aviation; and 
(C) the Federal Aviation Administration. 
(4) SUBMITTAL TO DOD.— 
(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
federally funded research and development cen-
ter that conducts the study under paragraph 
(1) shall submit to the Secretary of Defense a 
report on the results of the study. 
(B) FORM.—The report under paragraph 
(1) shall be submitted in unclassified form but 
may include a classified annex. 
(5) SUBMITTAL TO CONGRESS.—Not later than 
60 days after the date on which the Secretary of De-
fense receives the report under paragraph (4), the 
Secretary shall submit to the appropriate congres-
sional committees an unaltered copy of the report to-
gether with any comments the Secretary may have 
with respect to the report.
1247 
(b) FUNDING.—Subsection (g) of such section is 
amended— 
(1) by striking ‘‘fiscal year 2022’’ and inserting 
‘‘fiscal year 2023’’; and 
(2) by striking ‘‘$322,500,000’’ and inserting 
‘‘$358,015,000’’. 
(c) EXTENSION
OF
WAIVER
AUTHORITY.—Sub-
section (o)(5) of such section is amended by striking ‘‘De-
cember 31, 2022’’ and inserting ‘‘December 31, 2023’’. 
(d) LIMITATION ON AVAILABILITY OF FUNDS.—Of 
the amount of funds made available for fiscal year 2022 
(and available for obligation as of the date of the enact-
ment of this Act) and fiscal year 2023 to carry out section 
1236 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 
National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113-291; 128 Stat. 3558), not more than 50 
percent may be obligated or expended until the date on 
which the Secretary of Defense submits to the appropriate 
congressional committees the report required by section 
1223(f) of the National Defense Authorization Act for 
Fiscal Year 2022 (Public Law 117–81).
1272 
to Latin America and the Caribbean, and visits 
by senior officials from Latin America and the 
Caribbean to the Russian Federation; and 
(E) the existence of any defense exchanges, 
military or police education or training, and ex-
ercises between any military or police organiza-
tion of the Government of the Russian Federa-
tion and military, police, or security-oriented or-
ganizations of countries of Latin America and 
the Caribbean, including port visits by the Rus-
sian Navy. 
(2) A detailed description of— 
(A) the impact Russia’s war in Ukraine 
has or may have on its diplomatic, military, and 
intelligence activities in Latin America and the 
Caribbean; 
(B) the relationship between the Govern-
ment of the Russian Federation and the Gov-
ernments of Venezuela, Cuba, Nicaragua, and 
Bolivia; 
(C) attempts by the Government of the 
Russian Federation to develop relations with 
the Governments of Brazil and Argentina, two 
countries whose leaders met with Russian