518 
•HR 2670 RH1S 
eral Government to the Director of Cost Assessment and 
Program Evaluation of the Department of Defense shall be 
deemed to refer to the applicable officer or employee of the 
Department of Defense designated by the Secretary of De-
fense under subsection (b)(1). 
(d) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report that 
sets forth such recommendations for legislative action as the 
Secretary considers appropriate for modifications to law to 
carry out this section and the repeals and amendments 
made by this section. 
SEC. 903. CONFORMING AMENDMENTS TO CARRY OUT 
ELIMINATION OF POSITION OF CHIEF MAN-
AGEMENT OFFICER. 
(a) REMOVAL OF REFERENCES TO CHIEF MANAGE-
MENT OFFICER
IN PROVISIONS
OF LAW RELATING
TO 
PRECEDENCE.—Chapter 4 of title 10, United States Code, 
is amended— 
(1) in section 133a(c)— 
(A) in paragraph (1), by striking ‘‘, the 
Deputy Secretary of Defense, and the Chief Man-
agement Officer of the Department of Defense’’ 
and inserting ‘‘and the Deputy Secretary of De-
fense’’; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00518
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
519 
•HR 2670 RH1S 
(B) in paragraph (2), by striking ‘‘the Chief 
Management Officer,’’; 
(2) in section 133b(c)— 
(A) in paragraph (1), by striking ‘‘the Chief 
Management Officer of the Department of De-
fense,’’; and 
(B) in paragraph (2), by striking ‘‘the Chief 
Management Officer,’’; 
(3) in section 137a(d), by striking ‘‘the Chief 
Management Officer of the Department of Defense,’’; 
and 
(4) in section 138(d), by striking ‘‘the Chief 
Management Officer of the Department of Defense,’’. 
(b) ASSIGNMENT OF PERIODIC REVIEW OF DEFENSE 
AGENCIES AND DOD FIELD ACTIVITIES TO SECRETARY OF 
DEFENSE.—Section 192(c) of such title is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘the 
Chief Management Officer of the Department of 
Defense’’ and inserting ‘‘the Secretary of De-
fense’’; and 
(B) in subparagraphs (B) and (C), by strik-
ing ‘‘the Chief Management Officer’’ and insert-
ing ‘‘the Secretary’’; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00519
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
520 
•HR 2670 RH1S 
(2) in paragraph (2), by striking ‘‘the Chief 
Management Officer’’ each place it appears and in-
serting ‘‘the Secretary’’. 
(c) ASSIGNMENT OF RESPONSIBILITY FOR FINANCIAL 
IMPROVEMENT AND AUDIT REMEDIATION TO UNDER SEC-
RETARY OF DEFENSE (COMPTROLLER).—Section 240b of 
such title is amended— 
(1) in subsection (a)(1), by striking ‘‘The Chief 
Management Officer of the Department of Defense 
shall, in consultation with the Under Secretary of De-
fense (Comptroller),’’ and inserting ‘‘The Under Sec-
retary of Defense (Comptroller) shall, in consultation 
with the Performance Improvement Officer of the De-
partment of Defense,’’; and 
(2) in subsection (b)(1)(C)(ii), by striking ‘‘the 
Chief Management Officer’’ and inserting ‘‘the Per-
formance Improvement Officer’’. 
(d) REMOVAL OF CHIEF MANAGEMENT OFFICER AS 
RECIPIENT OF REPORTS OF AUDITS BY EXTERNAL AUDI-
TORS.—Section 240d(d)(1)(A) of such title is amended by 
striking ‘‘and the Chief Management Officer of the Depart-
ment of Defense’’. 
(e) CONFORMING AMENDMENTS
TO PROVISIONS
OF 
LAW RELATED TO FREEDOM OF INFORMATION ACT EXEMP-
TIONS.—Such title is further amended— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00520
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
521 
•HR 2670 RH1S 
(1) in section 130e— 
(A) by striking subsection (d); 
(B) by redesignating subsections (e) and (f) 
as subsections (d) and (e), respectively; and 
(C) in subsection (d), as so redesignated— 
(i) by striking ‘‘, or the Secretary’s 
designee,’’; and 
(ii) by striking ‘‘, through the Office of 
the Director of Administration and Man-
agement’’; and 
(2) in section 2254a— 
(A) by striking subsection (c); 
(B) by redesignating subsection (d) as sub-
section (c); and 
(C) in subsection (c), as so redesignated— 
(i) by striking ‘‘, or the Secretary’s 
designee,’’; and 
(ii) by striking ‘‘, through the Office of 
the Director of Administration and Man-
agement’’. 
(f) ASSIGNMENT OF RESPONSIBILITY FOR ANNUAL RE-
VIEW OF AGENCY INFORMATION TECHNOLOGY PORTFOLIO 
TO
THE
CHIEF
INFORMATION
OFFICER.—Section 
11319(d)(4) of title 40, United States Code, is amended, 
in the second sentence, by striking ‘‘the Chief Management 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00521
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
522 
•HR 2670 RH1S 
Officer of the Department of Defense (or any successor to 
such Officer), in consultation with the Chief Information 
Officer, the Under Secretary of Defense for Acquisition and 
Sustainment, and’’ and inserting ‘‘the Chief Information 
Officer of the Department of Defense, in consultation with 
the Under Secretary of Defense for Acquisition and 
Sustainment and’’. 
(g) REMOVAL OF CHIEF MANAGEMENT OFFICER AS 
REQUIRED COORDINATOR
ON DEFENSE RESALE MAT-
TERS.—Section 631(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 10 
U.S.C. 2481 note) is amended by striking ‘‘, in coordination 
with the Chief Management Officer of the Department of 
Defense,’’. 
SEC. 904. ELIMINATION OF THE CHIEF DIVERSITY OFFICER 
OF THE DEPARTMENT OF DEFENSE. 
(a) REPEAL OF POSITION.—Section 147 of title 10, 
United States Code, is repealed. 
(b) CONFORMING REPEAL.—Section 913 of the Wil-
liam M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 
147 note) is repealed. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00522
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
523 
•HR 2670 RH1S 
Subtitle B—Other Department of 
Defense Organization and Man-
agement Matters 
SEC. 921. MODIFICATION OF ANALYSIS REQUIRED FOR RE-
DUCTIONS TO CIVILIAN WORKFORCE UNDER 
GENERAL POLICY FOR TOTAL FORCE MAN-
AGEMENT. 
(a) IN GENERAL.—Section 129a(b) of title 10, United 
States Code, is amended by adding at the end the following: 
‘‘Such analysis shall be documented in writing.’’. 
(b) REVIEW AND REPORT.—Not later than March 1, 
2024, the Comptroller General of the United States shall— 
(1) conduct a review of any written analysis 
prepared by the Secretary of Defense relating to the 
reduction of the civilian workforce of the Department 
of Defense for purposes of section 129a(b) of title 10, 
United States Code (as amended by subsection (a)), 
and shall include as part of such review an assess-
ment of whether the analysis prepared by the Sec-
retary sufficiently addresses the readiness needs of the 
Department; and 
(2) submit to the congressional defense commit-
tees a report on the results of such review. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00523
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
524 
•HR 2670 RH1S 
SEC. 922. ADDITIONAL REQUIREMENTS UNDER GENERAL 
POLICY FOR TOTAL FORCE MANAGEMENT. 
Section 129a of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsections (f) and (g) as 
subsection (h) and (i), respectively; and 
(2) by inserting after subsection (e) the following 
new subsections: 
‘‘(f) DATA ANALYTICS.—(1) The Secretary of Defense 
shall develop data analytics to specifically identify the 
quantitative metrics and qualitative relationships of the 
sizing and composition of the civilian workforce of the De-
partment of Defense. Such data analytics shall be docu-
mented in writing. 
‘‘(2) Not later than March 31 each year, the Secretary 
of Defense shall provide to the congressional defense commit-
tees a briefing on the analytics developed under paragraph 
(1). 
‘‘(g) ADDITIONAL
PLANNING, PROGRAMING, 
AND 
BUDGETING REQUIREMENTS.—The Secretary of Defense 
shall ensure that planning, programming, and budgeting 
reviews consider all components of the total force (including 
a active and reserve military, civilian workforce, and con-
tract support) in a holistic manner to avoid duplication 
and waste and ensure that risk, cost, and mission valida-
tion and prioritization considerations consistent with this 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00524
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
525 
•HR 2670 RH1S 
section and the National Defense Strategy inform the 
sourcing and prioritization of requirements.’’. 
SEC. 923. 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 Space Oper-
ations, or the Chief of the National Guard Bureau’’. 
SEC. 924. COAST GUARD INPUT TO THE JOINT REQUIRE-
MENTS OVERSIGHT COUNCIL. 
Section 181(d) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(5) INPUT
FROM
COMMANDANT
OF
COAST 
GUARD.—The Council shall seek, and strongly con-
sider, the views of the Commandant of the Coast 
Guard regarding Coast Guard capabilities in support 
of national defense.’’. 
SEC. 925. CODIFICATION OF THE DEFENSE INNOVATION 
UNIT AND ESTABLISHMENT OF THE NON-
TRADITIONAL INNOVATION FIELDING ENTER-
PRISE. 
(a) CODIFICATION OF DEFENSE INNOVATION UNIT.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00525
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
526 
•HR 2670 RH1S 
(1) IN
GENERAL.—Chapter 303 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 4127. Defense Innovation Unit 
‘‘(a) ESTABLISHMENT.—There is established in the De-
partment of Defense a Defense Innovation Unit (referred 
to in this section as the ‘Unit’). 
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR.—There is a 
Director and a Deputy Director of the Unit, each of whom 
shall be appointed by the Secretary of Defense from among 
persons with substantial experience in innovation and com-
mercial technology, as determined by the Secretary. 
‘‘(c) AUTHORITY OF DIRECTOR.—The Director is the 
head of the Unit. The Director— 
‘‘(1) shall serve as a principal staff assistant to 
the Secretary on matters within the responsibility of 
the Unit; 
‘‘(2) shall report directly to the Secretary of De-
fense without intervening authority; and 
‘‘(3) may communicate views on matters within 
the responsibility of the Unit directly to the Secretary 
without obtaining the approval or concurrence of any 
other official within the Department of Defense. 
‘‘(d) RESPONSIBILITIES.—The Unit shall have the fol-
lowing responsibilities: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00526
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
527 
•HR 2670 RH1S 
‘‘(1) Seek out, identify, and support the develop-
ment of commercial technologies that have the poten-
tial to be implemented within the Department. 
‘‘(2) Accelerate the adoption of commercial tech-
nologies within the Department of Defense to trans-
form military capacity and capabilities. 
‘‘(3) Serve as the principal liaison between the 
Department of Defense and individuals and entities 
in the national security innovation base, including, 
entrepreneurs, startups, commercial technology com-
panies, and venture capital sources. 
‘‘(4) Carry out programs, projects, and other ac-
tivities to strengthen the national security innovation 
base. 
‘‘(5) Coordinate the activities of other organiza-
tions and elements of the Department of Defense on 
matters relating to commercial technologies, dual use 
technologies, and the innovation of such technologies. 
‘‘(6) Coordinate and oversee the nontraditional 
defense innovation fielding enterprise established 
under section 4063 of this title. 
‘‘(7) Carry out such other activities as the Sec-
retary of Defense determines appropriate.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00527
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
528 
•HR 2670 RH1S 
(2) MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN
PROTOTYPE
PROJECTS.—Section 4022 of 
title 10, United States Code, is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting ‘‘the 
Director of the Defense Innovation Unit,’’ 
after ‘‘Defense Advanced Research Projects 
Agency,’’; 
(ii) in paragraph (2)(A), by inserting 
‘‘, the Defense Innovation Unit,’’ after ‘‘De-
fense Advanced Research Projects Agency’’; 
and 
(iii) in paragraph (3), by inserting ‘‘, 
Defense Innovation Unit,’’ after ‘‘Defense 
Advanced Research Projects Agency’’; and 
(B) in subsection (e)(1)— 
(i) by redesignating subparagraphs (C) 
through (E) as subparagraphs (D) through 
(F), respectively; and 
(ii) by inserting after subparagraph 
(B) the following new subparagraph: 
‘‘(C) the Director of the Defense Innovation 
Unit;’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00528
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
530 
•HR 2670 RH1S 
‘‘§ 4063. Nontraditional innovation fielding enterprise 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 
designate within the Department of Defense a group of or-
ganizations to be known, collectively, as the ‘nontraditional 
innovation fielding enterprise’ (referred to in this section 
as the ‘NIFE’). The purpose of the NIFE is to streamline 
coordination and minimize duplication of efforts among 
elements of the Department of Defense on matters relating 
to the development, procurement, and fielding of nontradi-
tional capabilities. 
‘‘(b) COMPOSITION.—The NIFE shall consist of— 
‘‘(1) the Defense Innovation Unit; and 
‘‘(2) each organization designated as a service- 
level NIFE lead under subsection (c). 
‘‘(c) 
DESIGNATION
OF
SERVICE-LEVEL
NIFE 
LEADS.— 
‘‘(1) Not later than 120 days after the effective 
date of this section, each Secretary of a military de-
partment, in consultation with the Director of the De-
fense Innovation Unit, shall designate a single orga-
nization within each armed force under the jurisdic-
tion of such Secretary to serve as the lead organiza-
tion within that armed force on matters within the 
responsibility of the NIFE. Each organization so des-
ignated shall be known as a ‘service-level NIFE lead’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00530
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
531 
•HR 2670 RH1S 
‘‘(2) An organization designated under para-
graph (1) shall be an organization of an armed force 
that— 
‘‘(A) exists as of the effective date of this 
section; and 
‘‘(B) has a demonstrated ability to engage 
at scale with nontraditional defense contractors, 
as determined by the Secretary concerned. 
‘‘(d) LEADERSHIP.— 
‘‘(1) HEAD OF NIFE.—Subject to the authority, 
direction, and control of the Secretary of Defense, the 
Director of the Defense Innovation Unit shall serve as 
the head of the NIFE and, in such capacity, shall be 
responsible for the overall oversight and coordination 
of the NIFE. 
‘‘(2) SERVICE-LEVEL LEADS.—Each head of an 
organization of an armed force designated as a serv-
ice-level NIFE lead under subsection (c) shall serve as 
the head of the NIFE within that armed force and, 
in such capacity, shall be responsible for the oversight 
and coordination of the activities of the NIFE within 
that armed force. 
‘‘(e) DUTIES.—The Director of the Defense Innovation 
Unit shall carry out the following activities in support of 
the NIFE: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00531
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
532 
•HR 2670 RH1S 
‘‘(1) Coordinate with the Joint Staff and the 
commanders of the combatant commands to identify 
operational challenges that have the potential to be 
addressed through the use of nontraditional capabili-
ties, including dual-use technologies, that are being 
developed and financed in the commercial sector. 
‘‘(2) Using funds made available to the Defense 
Innovation Unit for the activities of the NIFE— 
‘‘(A) select projects to be carried out by one 
or more of the service-level NIFE leads; 
‘‘(B) allocate funds to service-level NIFE 
leads to carry out such projects; and 
‘‘(C) monitor the execution of such projects 
by the service-level NIFE leads. 
‘‘(3) On a semiannual basis, submit to the Sec-
retary of Defense and the congressional defense com-
mittees a report on the progress of the projects de-
scribed in paragraph (2). Each such report shall 
identify any gaps in resources or authorities that 
have the potential to disrupt the progress of such 
projects. 
‘‘(4) Serve as Chair of the NIFE Resource Advi-
sory Board under subsection (f). 
‘‘(5) Serve as the principal liaison between the 
Department of Defense, nontraditional defense con-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00532
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
533 
•HR 2670 RH1S 
tractors, investors in nontraditional defense compa-
nies, and departments and agencies of the Federal 
Government pursing nontraditional capabilities simi-
lar to those pursued by the Department. 
‘‘(6) Lead engagement with industry, academia, 
and other non-government entities to develop— 
‘‘(A) domestic capacity with respect to in-
novative, commercial, and dual-use technologies 
and the use of nontraditional defense contractors; 
and 
‘‘(B) the capacity of international allies 
and partners of the United States with respect to 
such technologies and the use of such contractors. 
‘‘(f) NIFE RESOURCE ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Department of Defense an advisory board to be 
known as the ‘NIFE Resource Advisory Board’ (re-
ferred to in this subsection as the ‘Board’). 
‘‘(2) MEMBERS.—The Board shall be composed of 
the following members— 
‘‘(A) The Director of the Defense Innovation 
Unit. 
‘‘(B) The head of each service-level NIFE 
lead. 
‘‘(C) The Director of the Joint Staff. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00533
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
534 
•HR 2670 RH1S 
‘‘(D) The Chief Digital and Artificial Intel-
ligence Officer of the Department of Defense. 
‘‘(E) The Director of the Office of Strategic 
Capital of the Department of Defense. 
‘‘(3) CHAIR.—The Director of the Defense Inno-
vation Unit shall serve as Chair of the Board. 
‘‘(4) MEETINGS.—The Board shall meet annu-
ally and may meet more frequently at the call of the 
Chair. 
‘‘(5) RESPONSIBILITIES.—On an annual basis 
the Board shall— 
‘‘(A) identify not fewer than 10 objectives of 
the Department of Defense that have the poten-
tial to be supported using nontraditional capa-
bilities that are capable of being fielded at scale 
within a period of three years; and 
‘‘(B) for each objective identified under sub-
paragraph (A)— 
‘‘(i) develop a specific set of require-
ments and a budget for the development and 
fielding of nontraditional capabilities to 
support such objective; and 
‘‘(ii) based on such budget and require-
ments, solicit proposals from public and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00534
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
535 
•HR 2670 RH1S 
private sector entities for providing such ca-
pabilities. 
‘‘(6) NONAPPLICABILITY OF CERTAIN REQUIRE-
MENTS.—Section 1013(a)(2) of title 5 (relating to the 
termination of advisory committees) shall not apply 
to the Board. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘nontraditional capability’ means 
a solution to an operational challenge that can sig-
nificantly leverage commercial innovation or external 
capital with minimal dependencies on fielded systems. 
‘‘(2) The term ‘nontraditional defense contractor’ 
has the meaning given that term in section 3014 of 
this title.’’. 
(c) EFFECTIVE DATE AND IMPLEMENTATION.— 
(1) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall take effect 180 days 
after the date of the enactment of this Act. 
(2) IMPLEMENTATION.—Not later than the effec-
tive date specified in paragraph (1), the Secretary of 
Defense shall issue or modify any rules, regulations, 
policies, or other guidance necessary to implement the 
amendments made by subsections (a) and (b). 
(d) MANPOWER SUFFICIENCY EVALUATION.— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00535
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
536 
•HR 2670 RH1S 
(1) EVALUATION.—The Secretary of Defense shall 
evaluate the staffing levels of the Defense Innovation 
Unit as of the date of the enactment of this Act to de-
termine if the Unit is sufficiently staffed to achieve 
the responsibilities of the Unit under sections 4063 
and 4127 of title 10, United States Code, as added by 
subsections (a) and (b) of this section. 
(2) REPORT.—Not later than the effective date 
specified in subsection (c)(1), the Secretary of Defense 
shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report 
on the results of the evaluation under paragraph (1). 
The report shall include a plan— 
(A) to address any staffing shortfalls identi-
fied as a part of the assessment; and 
(B) for funding any activities necessary to 
address such shortfalls. 
SEC. 926. DESIGNATION OF EXPLOSIVE ORDNANCE DIS-
POSAL CORPS AS A BASIC BRANCH OF THE 
ARMY. 
(a) 
DESIGNATION
AS
BASIC
BRANCH.—Section 
7063(a) of title 10, United States Code, is amended— 
(1) in paragraph (12), by striking ‘‘and’’ at the 
end; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00536
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
537 
•HR 2670 RH1S 
(2) by redesignating paragraph (13) as para-
graph (14); and 
(3) by inserting after paragraph (12) the fol-
lowing new paragraph: 
‘‘(13) Explosive Ordnance Disposal Corps; and’’. 
(b) ORGANIZATION AND FUNCTIONS.—Chapter 707 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 7085. Explosive Ordnance Disposal Corps: organi-
zation and functions 
‘‘(a) CHIEF OF CORPS.—There is a Chief of the Explo-
sive Ordnance Disposal Corps of the Army. The Secretary 
of the Army shall appoint the Chief from among general 
officers of the Army who are Explosive Ordnance Disposal 
qualified and are serving in the Logistics Corps as of the 
time of the appointment. The Secretary of the Army shall 
not assign any officer who has not served as an officer in 
the Explosive Ordnance Disposal Corps as the Chief of the 
Explosive Ordnance Disposal Corps. 
‘‘(b) FUNCTIONS.—The Explosive Ordnance Disposal 
Corps shall, at a minimum, perform functions relating to— 
‘‘(1) the disposal of explosive ordnance and mu-
nitions management; and 
‘‘(2) ensuring the safety of explosives.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00537
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
538 
•HR 2670 RH1S 
(c) CONFORMING REPEAL.—Section 582 of the Na-
tional Defense Authorization Act for Fiscal Year 2018 (Pub-
lic Law 115–91; 131 Stat. 1415) is repealed. 
(d) EFFECTIVE DATE.—The amendments and repeal 
made by subsections (a) through (c) shall take effect 180 
days after the date of the enactment of this Act. 
SEC. 927. REPEAL OF AUTHORITY TO APPOINT A NAVAL RE-
SEARCH ADVISORY COMMITTEE. 
Section 8024 of title 10, United States Code, is re-
pealed. 
SEC. 928. ELIGIBILITY OF MEMBERS OF SPACE FORCE FOR 
INSTRUCTION 
AT 
THE 
NAVAL 
POST-
GRADUATE SCHOOL. 
Section 8545 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)(1), by striking ‘‘and Coast 
Guard’’ and inserting ‘‘Space Force, and Coast 
Guard’’; and 
(2) in subsection (c), by striking ‘‘and Coast 
Guard’’ and inserting ‘‘Space Force, and Coast 
Guard’’. 
SEC. 929. MEMBERSHIP OF THE AIR FORCE RESERVE 
FORCES POLICY COMMITTEE. 
Section 10305(b) of title 10, United States Code, is 
amended— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00538
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
539 
•HR 2670 RH1S 
(1) by striking ‘‘consists of’’ and inserting ‘‘shall 
have voting members, who shall be’’ before ‘‘officers’’; 
(2) by redesignating paragraphs (1) through (3) 
as subparagraphs (A) through (C), respectively; 
(3) by inserting ‘‘(1)’’ before ‘‘The committee’’; 
and 
(4) by adding at the end the following new para-
graph: 
‘‘(2)(A) The committee shall have four nonvoting mem-
bers, who shall be the Chief Master Sergeants of the Air 
Force, the Air Force Reserve, the Air National Guard, and 
the Space Force. 
‘‘(B) A nonvoting member who cannot attend a meet-
ing of the committee may designate a member in the grade 
of E-8 or E-9 to attend in their stead.’’. 
SEC. 930. FRAMEWORK FOR CLASSIFICATION OF AUTONO-
MOUS CAPABILITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Chief Digital and Ar-
tificial Intelligence Officer of the Department of Defense, 
in consultation with the Under Secretary of Defense for Pol-
icy, the Under Secretary of Defense for Research and Engi-
neering, the commanders of the combatant commands, and 
the Secretaries of the military departments, shall establish 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00539
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
540 
•HR 2670 RH1S 
a Department-wide classification framework for autono-
mous capabilities. 
(b) PURPOSE.—The purpose of the framework required 
under subsection (a) shall be to facilitate the development 
of a common understanding within the Department of De-
fense of autonomous capabilities and related operational re-
quirements to better plan for, resource, and integrate appro-
priate autonomy-enabling hardware and software into cur-
rent and future systems across the Department. 
(c) AUTONOMY CLASSIFICATION FRAMEWORK.—At a 
minimum, the framework required under subsection (a) 
shall— 
(1) include multiple levels of increasingly com-
plex autonomous maneuver capability with a focus on 
classifying necessary levels of human supervision or 
control during operational use; 
(2) apply to current and future autonomous sys-
tems operating across land, air, maritime, and space 
domains; 
(3) include estimates of costs necessary to achieve 
specific levels of autonomous capability; and 
(4) include— 
(A) operational requirements including nec-
essary levels of survivability in GPS- or commu-
nications-denied environments; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00540
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
541 
•HR 2670 RH1S 
(B) specific operational or engagement sce-
narios; and 
(C) necessary levels of teaming with other 
autonomous systems. 
(d) PROGRESS REPORT.—Not later than 30 days after 
the establishment of the framework under subsection (a), the 
Chief Digital and Artificial Intelligence Officer shall submit 
to the congressional defense committees a report that in-
cludes a description of the framework and the specific meth-
odologies, criteria, and operational requirements used to de-
velop the classifications under the framework. 
(e) REGULAR REASSESSMENT.— 
(1) IN GENERAL.—Not less frequently than once 
every two years, the Chief Digital and Artificial In-
telligence Officer shall reassess and update the classi-
fication framework required under subsection (a) to 
ensure the framework incorporates recent develop-
ments in technology, standards, and operational re-
quirements relating to autonomous capabilities. 
(2) BRIEFING.—Not later than 30 days of the 
completion of each reassessment under paragraph (1), 
the Chief Digital and Artificial Intelligence Officer 
shall provide to the congressional defense committees 
a briefing on the results of the reassessment and any 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00541
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
542 
•HR 2670 RH1S 
resulting revisions to the classification framework 
under subsection (a). 
(f) IMPLEMENTATION.—Not later than 90 days after 
the establishment of the framework under subsection (a), the 
Under Secretary of Defense for Policy shall issue instruc-
tions to the military departments to implement such frame-
work by operationalizing the use of the framework in the 
planning and budgeting processes of individual program of-
fices. 
(g) PLAN FOR INTEGRATION OF AUTONOMOUS CAPA-
BILITIES INTO SYSTEMS OF THE DEPARTMENT OF DE-
FENSE.— 
(1) PLAN REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Chief 
Digital and Artificial Intelligence Officer of the De-
partment of Defense shall develop and implement a 
plan and procedures to standardize the planning, 
resourcing, and integration efforts with respect to au-
tonomous capabilities for current and future systems 
across the Department. 
(2) ELEMENTS.—The plan required under para-
graph (1) shall include the following: 
(A) A Department-wide assessment of the 
status of efforts to resource and integrate auton-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00542
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
543 
•HR 2670 RH1S 
omy software into current and future systems, 
including— 
(i) the identification of current and fu-
ture systems across the Department which 
can be integrated with autonomy software 
to enable continuous operational capability 
of such systems in GPS- or communica-
tions-denied environments, including those 
systems identified in the report required by 
section 246 of the National Defense Author-
ization Act for Fiscal Year 2022 (Public 
Law 117–81; 135 Stat. 1622); and 
(ii) an assessment of gaps in— 
(I) program funding related to the 
acquisition of autonomy software; 
(II) acquisition processes, includ-
ing the planning, programming, budg-
eting, and execution process for acquir-
ing and integrating autonomy-ena-
bling capabilities across relevant pro-
grams of record; 
(III) training capabilities; 
(IV) 
testing, 
evaluation, 
verification, and validation capabili-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00543
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
544 
•HR 2670 RH1S 
ties in all environments, including vir-
tual and real world environments; and 
(V) efforts to test, resource, and 
scale 
commercially 
available 
tech-
nologies. 
(B) A plan to address, to the maximum ex-
tent practicable, the gaps assessed in subpara-
graph (A), including— 
(i) updated procedures to plan for au-
tonomy software costs at the onset of the ac-
quisition life cycle; 
(ii) plans to include in greater detail 
the projected autonomy software costs for 
applicable programs of record within period 
covered by the Future Years Defense Pro-
gram; and 
(iii) plans to standardize the acquisi-
tion of autonomy software for programs of 
record across the military departments in-
cluding the use of the capability classifica-
tion framework under subsection (a). 
(3) CONSULTATION.—The Chief Digital and Ar-
tificial Intelligence Officer shall develop the plan 
under paragraph (1) in consultation with— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00544
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
545 
•HR 2670 RH1S 
(A) the Under Secretary of Defense for Ac-
quisition and Sustainment; 
(B) the Joint Chiefs of Staff; 
(C) the senior acquisition executive of each 
military department; 
(D) the commanders of the combatant com-
mands; and 
(E) such other organizations and elements 
of the Department of Defense as the Chief Digital 
and Artificial Intelligence Officer determines ap-
propriate. 
(4) REPORT.— 
(A) IN GENERAL.—Not later than 90 days 
after the completion of the plan under paragraph 
(1), the Chief Digital and Artificial Intelligence 
Officer shall submit to the congressional defense 
committees a report that describes the specific 
elements of the plan. 
(B) FORM.—The report under subpara-
graph (A) shall be submitted in unclassified form 
but may contain a classified annex. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00545
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
546 
•HR 2670 RH1S 
SEC. 931. COMPREHENSIVE ASSESSMENT OF FORCE DESIGN 
MODERNIZATION EFFORTS OF THE MARINE 
CORPS. 
(a) IN GENERAL.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into a contract with a federally funded 
research and development center to conduct an independent 
review, assessment, and analysis of the modernization ini-
tiatives Marine Corps. 
(b) ELEMENTS.—The report required under subsection 
(a) shall include the following elements: 
(1) An assessment of changes in the National De-
fense Strategy, Defense Planning Guidance, Joint 
Warfighting Concept, and other strategic documents 
and concepts that informed the force design mod-
ernization requirements of the Marine Corps. 
(2) An assessment of how the Marine Corps 
should be structured, organized, trained, equipped, 
and postured to meet the challenges of future competi-
tion, crisis, and conflict. 
(3) An assessment of the ability of the defense in-
novation base and defense industrial base to develop 
and produce the technologies required to implement 
the force design modernization of the Marine Corps on 
a timeline and at production rates sufficient to sus-
tain military operations. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00546
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
547 
•HR 2670 RH1S 
(4) An assessment of forward infrastructure, and 
the extent to which installations are operationalized 
to deter, compete, and prevail during conflict in sup-
port of the modernization of the Marine Corps. 
(5) An assessment of the current retention and 
recruiting environment and the ability of the Marine 
Corps to sustain manpower requirements necessary 
for operational requirements under title 10, United 
States Code. 
(6) The extent to which the modernization initia-
tives within the Marine Corps are nested within ap-
plicable joint warfighting concepts. 
(7) An assessment of whether the modernization 
of the Marine Corps is consistent with the strategy of 
integrated deterrence. 
(8) An assessment of the ability of the Marine 
Corps to generate required force elements for the Im-
mediate Ready Force and the Contingency Ready 
Force. 
(9) The extent to which the modernized capabili-
ties of the Marine Corps can be integrated across the 
Joint Force, including warfighting concepts at the 
combatant command level. 
(10) The extent to which the modernization ef-
forts of the Marine Corps meet the requirements of 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00547
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
548 
•HR 2670 RH1S 
current and future plans of combatant commanders 
and global force management operations. 
(11) The extent to which modeling and simula-
tion, experimentation, wargaming, and other analytic 
methods have supported the changes to the moderniza-
tion initiatives of the Marine Corps. 
(12) An inventory of existing or planned invest-
ments associated with the modernization efforts of the 
Marine Corps, disaggregated by the following capa-
bility areas: 
(A) Command and Control. 
(B) Information. 
(C) Intelligence. 
(D) Fires. 
(E) Movement and Maneuver. 
(F) Protection. 
(G) Sustainment. 
(13) An assessment of how observations regard-
ing the invasion and defense of Ukraine affect the fea-
sibility, advisability, and suitability of the mod-
ernization of the Marine Corps. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense com-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00548
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
549 
•HR 2670 RH1S 
mittees a report on the results of the assessment re-
quired under subsection (a). 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex to the 
extent required to ensure that the report is accurate 
and complete. 
(d) EFFECT ON OTHER REQUIREMENTS.—Effective on 
the date of the submittal of the report under subsection 
(c)(1), the requirement to submit a briefing pursuant to sec-
tion 1023 of the Joint Explanatory Statement accom-
panying the James M. Inhofe National Defense Authoriza-
tion Act for Fiscal Year 2023 (Public Law 117–263), shall 
cease to have force or effect. 
SEC. 932. ENHANCING DEPARTMENT OF DEFENSE COORDI-
NATION OF GEOECONOMIC AFFAIRS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall conduct a review of the planning, resourcing, and con-
tributions of the Department of Defense to interagency ef-
forts with respect to geoeconomic affairs. 
(b) DUTIES.—The review required under subsection 
(a) shall include the following: 
(1) A Department-wide assessment of capabilities 
to— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00549
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
550 
•HR 2670 RH1S 
(A) assess geoeconomic competition between 
the United States and strategic competitors; 
(B) identify methods to partner with gov-
ernments and key commercial entities; and 
(C) to support United States national inter-
ests. 
(2) An assessment of any gaps in— 
(A) existing departmental commercial due 
diligence and commercial partnership processes 
and procedures to enable sustainable cooperation 
with governmental and commercial entities with-
in the United States and between the United 
States and trusted allies and partners for na-
tional defense purposes; 
(B) efforts by the combatant commands to 
develop and to coordinate expertise on how stra-
tegic competitors may use economic and supply 
chain strategies within the areas of responsi-
bility of the combatant commands; 
(C) the contributions of the Department to 
the coordinated use of existing industrial base 
and supply chain tools, acquisition and budget 
authorities, industrial security oversight, tech-
nology transfer and export controls, cybersecurity 
standards and oversight, and mergers and acqui-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00550
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
551 
•HR 2670 RH1S 
sition reviews to enhance innovation and indus-
trial cooperation and to protect the defense capa-
bilities of the United States and its allies; and 
(D) the contributions of the Department to 
existing measures to safeguard the intellectual 
property and knowledge created from United 
States Government and private sector research 
and development funding while encouraging, 
where appropriate, the sharing of such knowledge 
with trusted allies and partners. 
(3) A plan to address, to the maximum extent 
practicable, the gaps assessed under paragraph (2). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report containing— 
(1) the findings of the review required under sub-
section (a); 
(2) a list of gaps identified by the assessment re-
quired under subsection (b)(2); 
(3) for each identified gap, a description of the 
gap and an assessment of any legal authorities, budg-
eting and execution processes, or other issues the Sec-
retary deems necessary to address the gap; 
(4) the plan required under subsection (b)(3); 
and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00551
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
552 
•HR 2670 RH1S 
(5) any other information the Secretary con-
siders appropriate. 
(d) DEFINITION OF GEOECONOMICS.—In this section, 
the term ‘‘geoeconomics’’ means the global interaction be-
tween competing national security and economic priorities 
comprising the various activities undertaken between gov-
ernments, allies, competitors, producers, and consumers, in-
cluding— 
(1) how economics, technological innovation, and 
geography affect the distribution of capabilities in the 
international system; and 
(2) how states use economic and technological in-
struments in pursuit of their strategic interests. 
Subtitle C—Space National Guard 
SEC. 951. 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— 
(A) in which the Space Force operates; and 
(B) active and inactive. 
(2) RESERVE COMPONENT.—There is established 
a Space National Guard of the United States that is 
the reserve component of the United States Space 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00552
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
553 
•HR 2670 RH1S 
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 sev-
eral States and Territories, Puerto Rico and the District 
of Columbia— 
(1) in which the Space Force operates; and 
(2) active and inactive. 
SEC. 952. 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. 953. IMPLEMENTATION OF SPACE NATIONAL GUARD. 
(a) REQUIREMENT.—Except as specifically provided 
by this subtitle, the Secretary of the Air Force and Chief 
of the National Guard Bureau shall implement this subtitle, 
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 subse-
quent 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 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00553
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
554 
•HR 2670 RH1S 
National Guard pursuant to this subtitle and the amend-
ments made by this subtitle. This briefing shall address the 
current missions, operations and activities, personnel re-
quirements and status, and budget and funding require-
ments and status of the Space National Guard, and such 
other matters with respect to the implementation and oper-
ation of the Space National Guard as the Secretary and 
the Chiefs jointly determine appropriate to keep Congress 
fully and currently informed on the status of the implemen-
tation of the Space National Guard. 
SEC. 954. CONFORMING AMENDMENTS AND CLARIFICATION 
OF AUTHORITIES. 
(a) DEFINITIONS.— 
(1) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended— 
(A) in section 101(c)— 
(i) by redesignating paragraphs (6) 
and (7) as paragraphs (8) and (9), respec-
tively; 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 Co-
lumbia, active and inactive, that— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00554
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
555 
•HR 2670 RH1S 
‘‘(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— 
(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 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00555
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
556 
•HR 2670 RH1S 
(B) by inserting after paragraph (7) the fol-
lowing 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 Co-
lumbia, in which the Space Force operates, 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. 
‘‘(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: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00556
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
557 
•HR 2670 RH1S 
‘‘§ 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 organizations 
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. 
‘‘§ 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.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00557
Fmt 6652
Sfmt 6213
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
558 
•HR 2670 RH1S 
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 
2024 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. 
(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 MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
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— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00558
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
559 
•HR 2670 RH1S 
(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 Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
SEC. 1002. REQUIREMENT FOR A COVERED ARMED FORCE 
TO SUBMIT POSTURE STATEMENTS IN SUP-
PORT OF CONGRESSIONAL BUDGET PROCESS. 
(a) FINDING.—Congress finds that since the mid-20th 
century, as a matter of custom, the Secretary of Defense 
and the chiefs of the Armed Forces have provided written 
annual posture statements outlining budget priorities to 
Congress as a part of the annual budget process. 
(b) REQUIREMENT.—Prior to the annual budget hear-
ings of the congressional defense committees for fiscal year 
2025, and each subsequent fiscal year, the Secretary of De-
fense, the Secretary of each Military Department, and the 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00559
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
560 
•HR 2670 RH1S 
chief of each covered Armed Force shall submit to the con-
gressional defense committees a written posture statement 
in support of budget priorities. Each such posture statement 
shall include each of the following: 
(1) An identification of the budget priorities of 
the department or Armed Force. 
(2) An identification of strategic requirements to 
support the role of the Department or Armed Force in 
the national defense of the United States. 
(3) An explanation of how resources are being 
applied to the national defense roles and responsibil-
ities of the Department or Armed Force. 
(4) Programmatic matters related to the roles 
and responsibilities of the Department or Armed 
Force. 
(c) COVERED
ARMED
FORCE.—The term covered 
Armed Force means the following: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00560
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
561 
•HR 2670 RH1S 
Subtitle B—Counterdrug Activities 
SEC. 1006. DRUG INTERDICTION AND COUNTER-DRUG AC-
TIVITIES. 
Section 112(a)(3) of title 32, United States Code, is 
amended by striking ‘‘$5,000’’ and inserting ‘‘$15,000’’. 
SEC. 1007. THREAT ANALYSIS REGARDING FENTANYL CRI-
SIS. 
(a) THREAT ANALYSIS.—The Secretary of Defense, in 
consultation with the Director of the Defense Threat Reduc-
tion Agency and Office of the Deputy Assistant Secretary 
of Defense for Counternarcotics and Stabilization Policy, 
shall conduct a threat analysis of any potential threats the 
illicit fentanyl drug trade poses to the defense interests of 
the United States. The threat analysis shall contain the fol-
lowing: 
(1) An analysis of the illicit fentanyl drug trade, 
including the manufacture, distribution, and sale or 
trade, and trans-shipment of fentanyl and fentanyl- 
related substances. 
(2) An analysis of new or emerging techniques or 
technologies that are likely to affect the evolution of 
the illicit fentanyl drug trade. 
(b) REPORT.—Not later than March 31, 2024, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report that includes each of the following: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00561
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
562 
•HR 2670 RH1S 
(1) The threat analysis required under subsection 
(a), including any recommendations of the Secretary 
for any related actions. 
(2) Any actions the Department of Defense has 
taken in response to such threat analysis. 
(3) Any other matter the Secretary determines 
appropriate. 
SEC. 1008. REPORT ON ROLE OF DEPARTMENT OF DEFENSE 
IN SUPPORTING NATIONAL EMERGENCY DEC-
LARATION COMBATING FENTANYL CRISIS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the declaration of a national emergency by 
the President to address the unusual and extraor-
dinary threat to the national security, foreign policy, 
and economy of the United States posed by inter-
national drug trafficking is an appropriate whole-of- 
Government response to the problems posed by drug 
trafficking and, in particular, fentanyl; 
(2) the counternarcotics activities of the Depart-
ment of Defense encompass unique capabilities that 
are critical for the efforts of the United States Gov-
ernment to combat the trafficking of illegal drugs, in-
cluding fentanyl; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00562
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
563 
•HR 2670 RH1S 
(3) Department of Defense support for drug 
interdiction capacity and capability should be lever-
aged by Federal, State, local, and tribal law enforce-
ment agencies, as appropriate and as permitted by 
law, to gain intelligence and lessons learned, and to 
enhance collaboration and effectiveness. 
(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 report that 
includes the following: 
(1) A description of Department of Defense ac-
tivities in support of efforts to deal with the national 
emergency declared in Executive Order 14059 on De-
cember 15, 2021. 
(2) An assessment of the resources and authori-
ties required to fully leverage the capabilities of the 
Department of Defense to best support efforts to ad-
dress the threat posed by illicit drugs, including 
fentanyl and other synthetic opioids, that necessitated 
the declaration of the national emergency in Execu-
tive Order 14059. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00563
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
564 
•HR 2670 RH1S 
Subtitle C—Naval Vessels and 
Shipyards 
SEC. 1011. MODIFICATIONS TO ANNUAL NAVAL VESSEL 
CONSTRUCTION PLAN. 
Section 231 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (2), by inserting before 
the period at the end the following: ‘‘, together 
with the views of the Chief of Naval Operations 
and Commandant of the Marine Corps on the 
budget’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) The unaltered assessment of the Chief of 
Naval Operations and the Commandant of the Ma-
rine Corps of the plan required under paragraph 
(1).’’; and 
(2) in subsection (b), by adding at the end the 
following new paragraphs: 
‘‘(3) In developing annual naval vessel construction 
plans for purposes of subsection (a)(1), the Secretary of the 
Navy shall take into consideration the most recent biennial 
report on shipbuilder training and the defense industrial 
base required by section 8693of this title. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00564
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
565 
•HR 2670 RH1S 
‘‘(4) If the Secretary of the Navy includes more than 
one annual naval vessel construction plan for any fiscal 
year for purposes of subsection (a)(1), to the maximum ex-
tent practicable, the Secretary shall ensure that the first 10 
years of each such plan are consistent.’’. 
SEC. 1012. CRITICAL COMPONENTS OF NATIONAL SEA- 
BASED DETERRENCE VESSELS. 
Section 2218a(k)(3) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graphs: 
‘‘(P) Major bulkheads and tanks. 
‘‘(Q) All major pumps and motors. 
‘‘(R) Large vertical array. 
‘‘(S) Atmosphere control equipment. 
‘‘(T) Diesel systems and components. 
‘‘(U) Hydraulic valves and components. 
‘‘(V) Bearings. 
‘‘(W) Major air and blow valves and compo-
nents. 
‘‘(X) Decks and superstructure. 
‘‘(Y) Castings, forgings, and tank structure. 
‘‘(Z) Hatches and hull penetrators.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00565
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
566 
•HR 2670 RH1S 
SEC. 1013. GRANTS FOR IMPROVEMENT OF NAVY SHIP RE-
PAIR OR ALTERATIONS CAPABILITY. 
Chapter 131 of title 10, United States Code, is amend-
ed by inserting after section 2218a the following new sec-
tion: 
‘‘§ 2219. Grants for improvement of Navy ship repair 
or alterations capability 
‘‘(a) ASSISTANCE AUTHORIZED.—(1) Subject to the 
availability of appropriations, the Secretary of the Navy 
may make grants to an eligible entity for the purpose of 
carrying out— 
‘‘(A) a capital improvement project; or 
‘‘(B) a maritime training program designed to 
foster technical skills and operational productivity. 
‘‘(2) The amount of a grant under this section may 
not exceed 75 percent of the total cost of the project or pro-
gram funded by the grant. 
‘‘(3) A grant provided under this section may not be 
used to construct buildings or other physical facilities, ex-
cept for piers, dry docks, and structures in support of piers 
and dry docks, or to acquire land. 
‘‘(4) The Secretary may not award a grant to an eligi-
ble entity under this section unless the Secretary determines 
that— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00566
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
567 
•HR 2670 RH1S 
‘‘(A) the entity has access to sufficient non-Fed-
eral funding to meet the requirement under para-
graph (2); 
‘‘(B) the entity has authority to carry out the 
proposed project; and 
‘‘(C) the project or program would improve— 
‘‘(i) efficiency, competitive operations, capa-
bility, or quality of United States Navy ship re-
pair or alterations; or 
‘‘(ii) employee, or potential employee, skills 
and enhanced productivity related to United 
States Navy ship repair or alterations. 
‘‘(b) ELIGIBILITY.—To be eligible for a grant under 
this section, an entity shall— 
‘‘(1) be a shipyard or other entity that provides 
ship repair or alteration for non-nuclear ships; 
‘‘(2) submit an application, at such time, in 
such form, and containing such information and as-
surances as the Secretary may require, including a 
comprehensive description of— 
‘‘(A) the need for the project or program 
proposed to be funded under the grant; 
‘‘(B) the methodology to be used to imple-
ment the project or program; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00567
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
568 
•HR 2670 RH1S 
‘‘(C) any existing programs or arrange-
ments that could be used to supplement or lever-
age a grant provided under this section; and 
‘‘(3) enter into an agreement with the Secretary 
under which the entity agrees— 
‘‘(A) to complete the project or program 
funded by the grant within a certain timeframe 
and without unreasonable delay and the Sec-
retary determines such project or program is 
likely to be completed within the timeframe pro-
vided in such agreement; 
‘‘(B) to return to the Secretary any amount 
of the grant that is— 
‘‘(i) not used by the grant recipient for 
the purpose for which the grant was award-
ed; or 
‘‘(ii) not obligated or expended within 
the timeframe provided in the agreement; 
‘‘(C) to maintain such records as the Sec-
retary may require and make such records avail-
able for review and audit by the Secretary; and 
‘‘(D) not to purchase any product or mate-
rial for the project or program using grant 
funds, including any commercially available off- 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00568
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
569 
•HR 2670 RH1S 
the-shelf item, unless such product or material 
is— 
‘‘(i) an unmanufactured article, mate-
rial, or supply that has been mined or pro-
duced in the United States; or 
‘‘(ii) a manufactured article, material, 
or supply that has been manufactured in 
the United States substantially all from ar-
ticles, materials, or supplies mined, pro-
duced, or manufactured in the United 
States. 
‘‘(c) GUIDELINES.—The Secretary shall issue guide-
lines to establish appropriate accounting, reporting, and re-
view procedures to ensure that— 
‘‘(1) amounts awarded as grants under this sec-
tion are used for the purposes for which such amounts 
were made available; and 
‘‘(2) an entity that receives a grant under this 
section complies with the terms of the agreement such 
entity enters into with the Secretary pursuant to sub-
section (b)(3). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘commercially available off-the- 
shelf item’— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00569
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
570 
•HR 2670 RH1S 
‘‘(A) means any item of supply (including 
construction material) that is— 
‘‘(i) a commercial item, as defined by 
section 2.101 of title 48, Code of Federal 
Regulations (as in effect on the date of the 
enactment of the National Defense Author-
ization Act for Fiscal Year 2024); and 
‘‘(ii) sold in substantial quantities in 
the commercial marketplace; and 
‘‘(B) does not include bulk cargo, as defined 
in section 40102(4) of title 46, such as agricul-
tural products and petroleum products. 
‘‘(2) The term ‘product or material’, with respect 
to a project or program— 
‘‘(A) means an article, material, or supply 
brought to the site where the project or program 
is being carried out for incorporation into the 
project or program; and 
‘‘(B) includes an item brought to the site 
preassembled from articles, materials, or sup-
plies. 
‘‘(3) The term ‘United States’ includes the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, 
the Northern Mariana Islands, Guam, American 
Samoa, and the Virgin Islands.’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00570
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
571 
•HR 2670 RH1S 
SEC. 1014. REPEAL OF OBSOLETE PROVISION OF LAW RE-
GARDING VESSEL NOMENCLATURE. 
Section 8662 of title 10, United States Code, is amend-
ed— 
(1) by striking subsection (b); and 
(2) by redesignating subsection (c) as subsection 
(b). 
SEC. 1015. RESPONSIBILITY OF COMMANDANT OF THE MA-
RINE CORPS WITH RESPECT TO NAVAL FORCE 
BATTLESHIP 
ASSESSMENT 
AND 
REQUIRE-
MENT REPORTING. 
Section 8695(e) of title 10, United States Code, is 
amended— 
(1) in the subsection heading, by striking ‘‘AM-
PHIBIOUS WARFARE SHIPS’’ and inserting ‘‘RESPON-
SIBILITIES
OF COMMANDANT
OF MARINE CORPS’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘and for naval vessels with the primary 
mission of transporting Marines’’. 
SEC. 1016. POLICY OF THE UNITED STATES ON SHIP-
BUILDING DEFENSE INDUSTRIAL BASE. 
Section 1025(a) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 
7291 note) is amended— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00571
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
572 
•HR 2670 RH1S 
(1) by striking ‘‘United States’’ and all that fol-
lows and inserting ‘‘United States—’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(1) to have available, as soon as practicable, 
not fewer than 355 battle force ships, comprised of the 
optimal mix of platforms, with funding subject to the 
availability of appropriations or other funds; and 
‘‘(2) that the United States shipbuilding defense 
industrial base is fundamental to achieving the ship-
building requirements of the Navy and constitutes a 
unique national security imperative that requires 
sustainment and support by the Navy and Congress.’’. 
SEC. 1017. AVAILABILITY OF FUNDS FOR RETIREMENT OR 
INACTIVATION OF LANDING DOCK SHIPS AND 
GUIDED MISSILE CRUISERS. 
(a) LANDING DOCK SHIPS.—None of the funds author-
ized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2024 for the Department of Defense may 
be obligated or expended to retire, prepare to retire, inac-
tivate, 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). 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00572
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
573 
•HR 2670 RH1S 
(b) GUIDED MISSILE CRUISERS.—None of the funds 
authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2024 for the Department of Defense 
may be obligated or expended to retire, prepare to retire, 
inactivate, or place in storage— 
(1) the USS Shiloh (CG-67); 
(2) the USS Cowpens (CG-63); or 
(3) more than three other guided missile cruisers. 
SEC. 1018. EXPEDITIONARY FAST TRANSPORT VESSELS. 
(a) PROHIBITION
ON REDUCED OPERATING STA-
TUS.—None of the funds authorized to be appropriated by 
this Act or otherwise made available for the Department 
of Defense for fiscal year 2024 may be used to place an 
expeditionary fast transport vessel into a reduced operating 
status. 
(b) STRATEGY FOR USE.— 
(1) STRATEGY AND CONCEPT OF OPERATIONS.— 
Not later than 180 days after the date of the enact-
ment of this Act, the Chief of Naval Operations, in 
consultation with the Commander of United States 
Military Sealift Command, shall develop and imple-
ment a strategy and concept of operations for the use 
of expeditionary fast transport vessels in support of 
operational plans in the area of operations of United 
States Indo-Pacific Command. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00573
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
574 
•HR 2670 RH1S 
(2) REPORT.—Not later than 30 days after the 
development of the strategy and concept of operations 
required under paragraph (1), the Chief of Naval Op-
erations shall submit to the congressional defense com-
mittees a report describing such strategy and concept 
of operations. 
SEC. 1019. GUAM SHIPYARD ASSESSMENT . 
(a) ASSESSMENT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of the Navy shall submit to the congressional defense 
committees an assessment of the ship building and repair 
capabilities located on Guam, as of the date of the enact-
ment of this Act, and the feasibility of reestablishing the 
former Ship Repair Facility, Guam. 
(b) ELEMENTS.—The assessment required under sub-
section (a) shall include each of the following: 
(1) A description of the capabilities to conduct 
shipbuilding and ship repair activities in Guam, as 
of the date of the enactment of this Act. 
(2) A description of any planned improvements 
to shipbuilding and ship repair infrastructure in 
Guam. 
(3) An evaluation of the feasibility of re-estab-
lishing a depot-level ship repair capability with dry- 
docking in Guam at the site of the former Ship Re-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00574
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
575 
•HR 2670 RH1S 
pair Facility, Guam, including an identification of 
options for operating the ship repair capability 
through a public-private partnership. 
SEC. 1020. AUTHORITY TO USE INCREMENTAL FUNDING TO 
ENTER INTO A CONTRACT FOR THE ADVANCE 
PROCUREMENT AND CONSTRUCTION OF A 
SAN ANTONIO-CLASS AMPHIBIOUS SHIP. 
(a) IN GENERAL.—Amounts authorized to be appro-
priated by this Act or otherwise made available for the 
Navy for Shipbuilding and Conversion for any of fiscal 
years 2023 through 2025 may be used by the Secretary of 
the Navy to enter into an incrementally funded contract 
for the advance procurement and construction of a San An-
tonio-class amphibious ship. 
(b) AVAILABILITY OF FUNDS.—A contract entered into 
under subsection (a) shall provide that any obligation of 
the United States to make a payment under the contract 
is subject to the availability of appropriations for that pur-
pose, and that total liability to the Government for the ter-
mination of the contract shall be limited to the total amount 
of funding obligated at time of termination. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00575
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
576 
•HR 2670 RH1S 
SEC. 1021. AUTHORITY TO USE INCREMENTAL FUNDING TO 
ENTER INTO A CONTRACT FOR THE ADVANCE 
PROCUREMENT AND CONSTRUCTION OF A 
SUBMARINE TENDER. 
(a) IN GENERAL.—Amounts authorized to be appro-
priated by this Act or otherwise made available for the 
Navy for Shipbuilding and Conversion for fiscal year 2024 
may be used by the Secretary of the Navy to enter into an 
incrementally funded contract for the advance procurement 
and construction of a submarine tender. 
(b) AVAILABILITY OF FUNDS.—A contract entered into 
under subsection (a) shall provide that any obligation of 
the United States to make a payment under the contract 
is subject to the availability of appropriations for that pur-
pose, and that total liability to the Government for the ter-
mination of the contract shall be limited to the total amount 
of funding obligated at time of termination. 
SEC. 1022. PLAN FOR EXTENDED PROHIBITION ON RETIRE-
MENT OF SHIPS. 
In the case of any ship or class of ship for which a 
provision of this Act limits the availability of funds author-
ized to be appropriated for the purposes retiring, preparing 
to retire, inactivating, or placing in storage any such ship, 
the Secretary of Defense shall include, with the Department 
of Defense materials submitted to Congress with the budget 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00576
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
577 
•HR 2670 RH1S 
of the President for fiscal year 2025, a plan to resource and 
retain such ship or class of ships until— 
(1) the end of fiscal year 2027; or 
(2) the end of the expected service life of the 
ships. 
SEC. 1023. CONGRESSIONAL NOTIFICATION REGARDING 
PENDING RETIREMENT OF NAVAL VESSELS 
VIABLE FOR ARTIFICIAL REEFING. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretary of the Navy should explore and solicit 
artificial reefing opportunities with appropriate entities 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 retire-
ment from the Naval Vessel Register of any naval vessel 
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 Representatives notice 
of the pending retirement of such vessel. 
SEC. 1024. QUARTERLY BRIEFINGS ON SUBMARINE READI-
NESS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, and once every 90 days 
thereafter until September 30, 2026, the Secretary of the 
Navy shall provide to the congressional defense committees 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00577
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
578 
•HR 2670 RH1S 
quarterly briefings on SSN (attack) submarine class main-
tenance and readiness. 
(b) INFORMATION TO BE PROVIDED.—Each briefing 
under paragraph (1) shall include the following: 
(1) The original estimated amount of time ex-
pected for SSN (attack) submarine depot-level main-
tenance activities to be completed, any adjustments to 
the schedule, the reasons why any changes were nec-
essary, and the new expected timeframe for comple-
tion and any additional costs involved, which shall— 
(A) by broken out by shipyard or private 
entity (by site), by name, and by type of sub-
marine; and 
(B) include any new efforts the Navy has 
taken to address the delays it continues to face. 
(2) Metrics for improvement and capacity of 
public and private shipyards that affect depot-level 
maintenance activities for SSN (attack) submarines, 
including— 
(A) trends in the amount of maintenance 
work performed compared to shipyard capacity; 
(B) an assessment of the adequacy of the 
workforce; 
(C) projections with respect to the avail-
ability of parts; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00578
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
579 
•HR 2670 RH1S 
(D) major infrastructure requirements at 
each shipyard for the subsequent 30 years to sus-
tain the authorized fleetwide SSN (attack) sub-
marine readiness level. 
(3) Recommendations for legislative changes re-
quired with respect to policy or resources to ensure ef-
ficient and effective maintenance and operational 
readiness for the SSN (attack) class of submarine. 
Subtitle D—Counterterrorism 
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS 
FOR TRANSFER OR RELEASE OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO THE 
UNITED STATES. 
Section 1033 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 132 Stat. 1953) is amended by striking ‘‘December 31, 
2023’’ and inserting ‘‘December 31, 2024’’. 
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS 
TO CONSTRUCT OR MODIFY FACILITIES IN 
THE UNITED STATES TO HOUSE DETAINEES 
TRANSFERRED FROM UNITED STATES NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
Section 1034(a) of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00579
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
580 
•HR 2670 RH1S 
115–232; 132 Stat. 1954) is amended by striking ‘‘Decem-
ber 31, 2023’’ and inserting ‘‘December 31, 2024’’. 
SEC. 1033. EXTENSION OF PROHIBITION ON USE OF FUNDS 
FOR TRANSFER OR RELEASE OF INDIVIDUALS 
DETAINED AT UNITED STATES NAVAL STA-
TION, GUANTANAMO BAY, CUBA, TO CERTAIN 
COUNTRIES. 
Section 1035 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 132 Stat. 1954) is amended by striking ‘‘December 31, 
2023’’ and inserting ‘‘December 31, 2024’’. 
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS 
TO CLOSE OR RELINQUISH CONTROL OF 
UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
Section 1036 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 
1551) is amended by striking ‘‘fiscal years 2018 through 
2023’’ and inserting ‘‘fiscal years 2018 through 2024’’. 
Subtitle E—Miscellaneous 
Authorities and Limitations 
SEC. 1041. MODIFICATION TO DEFINITIONS OF CONFUCIUS 
INSTITUTE. 
(a) LIMITATION ON PROVISION OF FUNDS TO INSTITU-
TIONS OF HIGHER EDUCATION.—Paragraph (1) of section 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00580
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
581 
•HR 2670 RH1S 
1062(d) of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283; 10 U.S.C. 2241) is amended to read as follows: 
‘‘(1) CONFUCIUS INSTITUTE.—The term ‘Confu-
cius Institute’ means— 
‘‘(A) any program that receives funding 
from or has any operational ties to— 
‘‘(i) the Chinese International Edu-
cation Foundation; or 
‘‘(ii) the Center for Language Ex-
change Cooperation of the Ministry of Edu-
cation of the People’s Republic of China; or 
‘‘(B) any cultural institute directly or indi-
rectly funded by the Government of the People’s 
Republic of China.’’. 
(b) PROHIBITION OF FUNDS FOR CHINESE LANGUAGE 
INSTRUCTION.—Paragraph (2) of section 1091(d) of the of 
the John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1998) 
is amended to read as follows: 
‘‘(2) CONFUCIUS INSTITUTE.—The term ‘Confu-
cius Institute’ means— 
‘‘(A) any program that receives funding 
from or has any operational ties to— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00581
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
582 
•HR 2670 RH1S 
‘‘(i) the Chinese International Edu-
cation Foundation; or 
‘‘(ii) the Center for Language Ex-
change Cooperation of the Ministry of Edu-
cation of the People’s Republic of China; or 
‘‘(B) any cultural institute directly or indi-
rectly funded by the Government of the People’s 
Republic of China.’’. 
SEC. 1042. LIMITATION ON PROVISION OF FUNDS TO INSTI-
TUTIONS OF HIGHER EDUCATION HOSTING 
CONFUCIUS INSTITUTES. 
Section 1062(b) of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283; 10 U.S.C. 2241 note) is further 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘ if the Secretary, after con-
sultation with the National Academies of 
Sciences, Engineering, and Medicine, determines 
such a waiver is appropriate.’’ and inserting ‘‘if 
the institution of higher education provides to 
the Secretary—’’; and 
(B) and by adding at the end the following 
new subparagraphs: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
583 
•HR 2670 RH1S 
‘‘(A) a commitment that it will not host the 
Confucius Institute at any time after September 
30, 2026; 
‘‘(B) a plan to close the Confucius Institute 
before such date; and 
‘‘(C) a justification for why the institution 
is unable to close the Confucius Institute imme-
diately.’’; 
(2) by redesignating paragraph (2) as para-
graph (3); 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The Secretary shall issue a waiver under 
paragraph (1) on a case-by-case basis and may only 
issue such a waiver for a single year. An institution 
of higher education that receives a one-year waiver 
and seeks an additional waiver shall submit to the 
Secretary an application that includes— 
‘‘(A) the reason why an additional waiver 
is necessary; and 
‘‘(B) a description of the steps the institu-
tion has taken during the preceding year to en-
sure the Confucius Institute hosted by the insti-
tution is closed by not later than September 30, 
2026.’’; and 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00583
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
584 
•HR 2670 RH1S 
(4) by adding at the end the following new para-
graph: 
‘‘(4) The authority to issue a waiver under para-
graph (1) shall terminate on October 1, 2026, and 
any waiver issued under such paragraph shall not 
apply on or after such date.’’. 
SEC. 1043. MODIFICATION OF VETTING PROCEDURES AND 
MONITORING REQUIREMENTS FOR CERTAIN 
MILITARY TRAINING. 
Section 1090 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283; 10 U.S.C. 113 note) is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the following 
new subsection: 
‘‘(e) TREATMENT OF NATO MEMBER NATIONS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the Secretary of Defense may exempt the na-
tionals of a member nation of the North Atlantic 
Treaty Organization from the requirements applicable 
to covered individuals under this section. 
‘‘(2) PROCESS REQUIRED.—The Secretary of De-
fense shall establish a process for granting exemptions 
under this section. Such process shall— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
585 
•HR 2670 RH1S 
‘‘(A) include— 
‘‘(i) an identification of existing vet-
ting procedures and security measures that 
are functionally equivalent to Department 
of Defense standards for eligibility for phys-
ical access to Department installations and 
facilities in the United States; or 
‘‘(ii) the establishment of alternative 
procedures and measures applicable to such 
member nations that are functionally equiv-
alent to such Department of Defense stand-
ards; and 
‘‘(B) include such other measures as the 
Secretary determines appropriate. 
‘‘(3) NOTIFICATION
TO
CONGRESS.—Not later 
than 30 days before granting an exemption under 
paragraph (1), the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate 
and the House of Representatives notification of the 
Secretary’s intent to grant such an exemption.’’. 
SEC. 1044. LIMITATION ON AVAILABILITY OF FUNDS UNTIL 
DELIVERY OF REPORT ON NEXT GENERATION 
TACTICAL COMMUNICATIONS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Commander 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
586 
•HR 2670 RH1S 
of United States Special Operations Command shall submit 
to the congressional defense committees a report on reported 
issues with the AN/PRC–163 radio that includes the fol-
lowing: 
(1) A history of all issues with the AN/PRC–163 
radio reported 30 days before the date of submission 
of such report, and the steps taken by the Commander 
and the manufacturer of such radio to remedy such 
reported issues. 
(2) A summary and description of all such re-
ported issues that have not been remedied as of the 
date of submission of such report that have been iden-
tified through consultation with users in the field at 
the tactical level and recently redeployed operators of 
such radio throughout the Command. 
(3) A plan, developed in consultation with the 
manufacturer of such radio, to address and mitigate 
all identified issues with the radio by 2025. 
(b) LIMITATION OF FUNDS.—Of the funds authorized 
to be appropriated by this Act or otherwise made available 
for fiscal year 2024 for the United States Special Oper-
ations Command for procurement of Next Generation Tac-
tical Communications, not more than 75 percent may be 
obligated or expended until the Commander of United 
States Special Operations Command submits to the con-
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
587 
•HR 2670 RH1S 
gressional defense committees the report require under sub-
section (a). 
SEC. 1045. LIMITATION ON USE OF FUNDS RELATED TO 
MILITARY 
RELIGIOUS 
FREEDOM 
FOUNDA-
TION. 
None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2024 for the 
Department of Defense may be used— 
(1) to communicate with the Military Religious 
Freedom Foundation, its leadership, or its founder; or 
(2) to take any action or make any decision as 
a result of any claim, objection, or protest made by 
the Military Religious Freedom Foundation without 
the authority of the Secretary of Defense. 
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR ADVISORY 
COMMITTEES RELATED TO ENVIRONMENTAL, 
SOCIAL, AND GOVERNANCE ASPECTS. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act or otherwise made available for 
the Department of Defense for fiscal year 2024 may be 
used— 
(1) to establish in the Department of Defense an 
advisory committee related to environmental, social, 
and governance aspects; or 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
588 
•HR 2670 RH1S 
(2) for the Defense Advisory Committee on Di-
versity and Inclusion or any successor committee. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘environmental’’ includes anything 
related to— 
(A) emissions of greenhouse gases, includ-
ing— 
(i) carbon dioxide; 
(ii) methane; 
(iii) nitrous oxide; 
(iv) nitrogen trifluoride; 
(v) hydrofluorocarbons; 
(vi) perfluorocarbons; and 
(vii) sulfur hexafluoride; 
(B) climate change; and 
(C) environmental justice. 
(2) The term ‘‘governance’’ means how a private 
entity is run, including the structure and composition 
of the entity based on race, color, national origin, or 
sex and how compensation is made. 
(3) The term ‘‘social’’ includes anything related 
to— 
(A) race, ethnicity, gender identity, sexual 
orientation, or socioeconomic standards; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
589 
•HR 2670 RH1S 
(B) ideologies that oppose equal protection 
of the law or support discrimination on the basis 
of race, color, national origin, or sex; and 
(C) critical race theory, social justice, or 
similar ideologies. 
Subtitle F—Studies and Reports 
SEC. 1061. ANNUAL REPORT ON UNFUNDED PRIORITIES OF 
DEFENSE POW/MIA ACCOUNTING AGENCY. 
Chapter 9 of title 10, United States Code, is amended 
by inserting after section 222d the following new section: 
‘‘§ 222e. Unfunded priorities of Defense POW/MIA Ac-
counting Agency: annual report 
‘‘(a) REPORTS.—Not later than 10 days after the date 
on which the budget of the President for a fiscal year is 
submitted to Congress pursuant to section 1105 of title 31, 
the Director of the Defense POW/MIA Accounting Agency 
shall submit to the Secretary of Defense and the Chairman 
of the Joint Chiefs of Staff, and to the congressional defense 
committees, a report on the unfunded priorities of the De-
fense POW/MIA Accounting Agency. 
‘‘(b) ELEMENTS.—(1) Each report under subsection 
(a) shall specify, for each unfunded priority covered by such 
report, the following: 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
590 
•HR 2670 RH1S 
‘‘(A) A summary description of such priority, 
including the objectives to be achieved if such priority 
is funded (whether in whole or in part). 
‘‘(B) The additional amount of funds rec-
ommended in connection with the objectives under 
subparagraph (A). 
‘‘(C) Account information with respect to such 
priority, including the following (as applicable): 
‘‘(i) Line Item Number for applicable pro-
curement accounts. 
‘‘(ii) Program Element number for applica-
ble research, development, test, and evaluation 
accounts. 
‘‘(iii) Sub-activity group for applicable op-
eration and maintenance accounts. 
‘‘(2) Each report under subsection (a) shall present the 
unfunded priorities covered by such report in order of ur-
gency of priority. 
‘‘(c) UNFUNDED PRIORITY DEFINED.— In this section, 
the term ‘unfunded priority’, in the case of a fiscal year, 
means a program, activity, or mission requirement of the 
POW/MIA Accounting Agency that— 
‘‘(1) is not funded in the budget of the President 
for the fiscal year as submitted to Congress pursuant 
to section 1105 of title 31, United States Code; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00590
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
591 
•HR 2670 RH1S 
‘‘(2) is necessary to fulfill a requirement associ-
ated with an operational or contingency plan of a 
combatant command or other validated requirement; 
and 
‘‘(3) would have been recommended for funding 
through the budget referred to in paragraph (1) by the 
Director of the POW/MIA Accounting Agency in con-
nection with the budget if additional resources had 
been available for the budget to fund the program, ac-
tivity, or mission requirement.’’. 
SEC. 1062. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN 
COMMAND AND CONTROL EFFORT. 
Section 1076(a) of the National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 
3866) is amended— 
(1) by striking ‘‘October 1, 2024’’ and inserting 
‘‘October 1, 2028, the Deputy Secretary of Defense’’; 
and 
(2) by striking ‘‘the Chief Information Officer of 
the Department of Defense,’’. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
592 
•HR 2670 RH1S 
SEC. 1063. EXTENSION OF REQUIREMENT TO SUBMIT A RE-
PORT ON DEPARTMENT OF DEFENSE SUP-
PORT FOR DEPARTMENT OF HOMELAND SE-
CURITY AT THE INTERNATIONAL BORDERS 
OF THE UNITED STATES. 
Section 1014(d)(3) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 10 
U.S.C. 271 note) is amended by striking ‘‘December 31, 
2024’’ and inserting ‘‘December 31, 2025’’. 
SEC. 1064. AIR FORCE PLAN FOR MAINTAINING PROFICIENT 
AIRCREWS IN CERTAIN MISSION AREAS. 
(a) PLAN REQUIRED.— The Secretary of the Air Force 
shall develop a plan, and the associated actions and mile-
stones for implementing the plan, to designate, equip, and 
train the number of combat air forces aviation units (in 
this section referred to as ‘‘CAF units’’), equipped with 
fixed-wing or rotorcraft assets, that are required in order 
to maintain proficient aircrew skills in accordance with the 
Core Mission Essential Task List and Designed Operational 
Capability Statement of each such unit in the following 
mission areas: 
(1) Close air support. 
(2) Forward air controller–airborne. 
(3) Combat search and rescue. 
(b) REPORT.—The Secretary of the Air Force shall 
submit to the congressional defense committees a report on 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
593 
•HR 2670 RH1S 
the plan required under subsection (a). Such report shall 
include the following information: 
(1) The number of CAF units required to meet 
steady-state, contingency, and wartime mission re-
quirements for each mission area referred to in sub-
section (a). 
(2) The number of proficient aircrews each unit 
must maintain in order to be qualified and current 
in each such mission area. 
(3) The number of CAF units and aircrew per-
sonnel that, as of the date of the enactment of this 
Act, are trained and equipped to meet steady-state, 
contingency, and wartime mission requirements for 
each such mission area. 
(4) The location of any CAF unit and associated 
aircraft that have been designated to be proficient in 
such mission areas. 
(5) The minimum quantity of initial training 
and continuation training sorties and events aircrews 
will be required to achieve monthly and yearly to be 
qualified as proficient, current, and experienced in 
such mission areas. 
(6) Any other information, data, or analyses the 
Secretary determines relevant. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
594 
•HR 2670 RH1S 
(c) LIMITATION.—The Secretary of the Air Force may 
not reduce the total inventory of the Air Force of A-10 air-
craft below 218 until the date that is 180 days after the 
date on which the Secretary submits the report required 
under subsection (b). 
(d) DEFINITION OF PROFICIENT.—In this section, the 
term ‘‘proficient’’, with respect to an aircrew, means that 
such aircrew— 
(1) has thorough knowledge but occasionally may 
make an error of omission or commission; 
(2) is able to operate in a complex, fluid envi-
ronment and is able to handle most contingencies and 
unusual circumstances; and 
(3) is prepared for mission tasking on the first 
sortie in a theater of operations. 
SEC. 1065. ASSESSMENT AND STRATEGY RELATING TO 
RANGE 
CAPABILITY 
AND 
CAPACITY 
FOR 
JOINT ALL-DOMAIN OPERATIONS. 
(a) REPORTS REQUIRED.—Not later than 180 days 
after the date of enactment of this Act, and not less fre-
quently than once every three years thereafter until June 
1, 2037, the Secretary of Defense shall submit to the congres-
sional defense committees a report containing an assess-
ment of the Department of Defense range capability and 
capacity in Florida. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
595 
•HR 2670 RH1S 
(b) CONTENTS OF REPORTS.—Each report submitted 
under subsection (a) shall include each of the following: 
(1) The amount and types of testing activities 
conducted at ranges in Florida. 
(2) The capabilities and capacity available at 
ranges in Florida that are not available elsewhere in 
the United States. 
(3) The capacity of such ranges to be used for 
additional testing activities. 
(4) An evaluation of the possibility of using such 
ranges for the testing activities of other Federal agen-
cies and private-sector entities in the United States. 
(5) An evaluation of the capacity of ranges in 
Florida to be used to develop and train for current 
and future realistic, Joint All-Domain Operations ex-
ercises. 
(6) An assessment of Joint All-Domain Oper-
ations training shortfalls at domestic military instal-
lations generally. 
(7) An analysis of the use or potential use of 
Florida ranges as sites for a large-scale, operationally 
relevant, live-fire campaign-level Joint All-Domain 
Operations training exercises based on conflict in the 
South China Sea first island chain. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
596 
•HR 2670 RH1S 
(8) An analysis of the national security implica-
tions of a changing Military Mission Line. 
(9) A review of Department of Defense engage-
ment with the State and local governments in Florida 
to maintain and expand Department of Defense 
ranges in Florida. 
(10) A review of Department of Defense engage-
ment in the Military Aviation and Installation As-
surance Siting Clearinghouse, Sentinel Landscapes of 
Florida, and entities assessing existing and future sea 
lanes for compatibility with future range require-
ments. 
(c) STRATEGY.— 
(1) IN GENERAL.—Not later than November 1, 
2024, the Secretary of Defense shall submit to the con-
gressional defense committees a strategy to ensure 
range capability to develop Joint All-Domain Oper-
ations capabilities and training environments based 
on the results of the assessments conducted under sub-
section (a). Such strategy shall include— 
(A) a plan to establish and field require-
ments for the development and testing of emerg-
ing technologies that require a Joint All-Domain 
Operations range capability in Florida; 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00596
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
597 
•HR 2670 RH1S 
(B) a plan to acquire and field infrastruc-
ture, technology, and human capital required to 
develop Joint All-Domain Operations capabili-
ties and training environments in Florida; 
(C) an identification of investments nec-
essary to ensure the ranges in Florida will meet 
mission-driven, all-domain requirements of the 
future; and 
(D) 
an 
analysis, 
determination, 
and 
prioritization of legislative action required to en-
sure the Department of Defense maintains range 
capability and capacity for future all-domain 
test and training in Florida. 
(2) COORDINATION.—The Secretary of Defense 
shall develop the strategy required under paragraph 
(1) in coordination with the Joint Requirements 
Oversight Council, the Test Resource Management 
Center, the Director of Operational Test an Evalua-
tion of the Department of Defense, and the Under 
Secretary of Defense for Research and Engineering. 
(3) INCORPORATION.—The Secretary of Defense 
shall incorporate the strategy required by paragraph 
(1) into any existing capability of the Department of 
Defense for development and test strategies. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00597
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
598 
•HR 2670 RH1S 
(d) INTERIM BRIEFING.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall provide to the congressional defense committees 
a briefing on— 
(1) the first assessment of the Secretary under 
subsection (a); and 
(2) the strategy required under subsection (c). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Joint All-Domain Operations’’ 
means operations comprised of air, land, maritime, 
cyberspace, and space domains, including operations 
with respect to the electromagnetic spectrum, and ac-
tions by the joint force in multiple domains inte-
grated in planning and synchronized in execution at 
the speed and scale needed to gain advantage and ac-
complish the mission. 
(2) The term ‘‘Military Mission Line’’ means the 
north-south line at 86°41′ W. longitude. 
(f) FORM OF REPORTS AND STRATEGY.— Each report 
required under subsection (a) and the strategy required 
under subsection (c) shall be submitted in unclassified form 
that does not require safeguarding or dissemination con-
trols, and may include a classified annex. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00598
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
599 
•HR 2670 RH1S 
SEC. 1066. REPORT ON DEFENSE OF DEPARTMENT OF DE-
FENSE FACILITIES AND FORCES IN EURO-
PEAN AND INDO-PACIFIC REGIONS FROM MIS-
SILE AND AIR ATTACK. 
(a) STUDY.—The Secretary of Defense shall conduct a 
study to determine whether the Department of Defense has 
sufficient forces, systems, and capabilities to defend Depart-
ment of Defense military facilities and deployed forces in 
the European and Indo-Pacific regions from hypersonic-, 
ballistic-, cruise-missile and air attack, or to otherwise de-
feat such attacks. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than June 30, 2024, 
the Secretary shall submit to the congressional defense 
committees a report on the findings of the study re-
quired by subsection (a). Such report shall include a 
specific and detailed plan for ensuring the ability of 
the Department of Defense to defend Department of 
Defense military facilities and deployed forces in the 
European and Indo-Pacific regions from hypersonic- 
, ballistic-, cruise-missile and air attack through 
2030. 
(2) FORM OF REPORT.—The report required by 
this subsection shall be submitted in unclassified 
form, but may include a classified annex. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00599
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
600 
•HR 2670 RH1S 
(3) PUBLIC AVAILABILITY.—Not later than 14 
days after the date of the submission of the report re-
quired by paragraph (1), the Secretary shall make an 
unclassified summary of the report available to the 
public on an appropriate internet website of the De-
partment of Defense. 
SEC. 1067. INDEPENDENT STUDY ON NAVAL MINE WAR-
FARE. 
(a) STUDY REQUIRED.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of the 
Navy shall seek to enter into an agreement with a federally 
funded research and development center to conduct an inde-
pendent study of the mine warfare capabilities of the Navy. 
(b) ELEMENTS.—The study under subsection (a) shall 
include an assessment and comprehensive review of— 
(1) the offensive and defensive mine warfare ca-
pabilities of the Navy; and 
(2) the offensive mine inventories of Navy as of 
the date of study. 
(c) RESULTS.—Following the completion of the study 
under subsection (a), the federally funded research and de-
velopment center that conducts the study shall submit to 
the Secretary of Defense a report on the results of the study. 
The report shall include— 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00600
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS
850 
•HR 2670 RH1S 
‘‘(2) Section 12301(h), relating to orders to ac-
tive duty in connection with medical or health care 
matters. 
‘‘(3) Section 12322, relating to active duty for 
health care. 
‘‘(4) Section 12323, relating to active duty pend-
ing line of duty determination required for response 
to sexual assault. 
‘‘(b) APPLICABLE PROVISIONS OF LAW.—The following 
sections of chapter 1209 of this title pertaining to a member 
of a reserve component ordered to active duty with the con-
sent of the member apply to a member of the Space Force 
who is ordered to active duty under this section in the same 
manner as to such a reserve component member: 
‘‘(1) Section 12308, relating to retention after 
becoming qualified for retired pay. 
‘‘(2) Section 12309, relating to use of Reserve of-
ficers in expansion of armed forces. 
‘‘(3) Section 12313, relating to release of reserve 
members from active duty. 
‘‘(4) Section 12314, relating to kinds of duty. 
‘‘(5) Section 12315, relating to duty with or 
without pay. 
‘‘(6) Section 12316, relating to payment of cer-
tain Reserves while on duty. 
VerDate Sep 11 2014 
18:49 Jul 07, 2023
Jkt 039200
PO 00000
Frm 00850
Fmt 6652
Sfmt 6203
E:\BILLS\H2670.RH
H2670
kjohnson on DSK79L0C42PROD with BILLS