311 
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SEC. 705. DOULAS: CERTIFICATION ASSISTANCE FOR MILI-
TARY SPOUSES; EXPANSION OF DEMONSTRA-
TION PROJECT. 
(a) ASSISTANCE FOR MILITARY SPOUSES TO OBTAIN 
DOULA
CERTIFICATIONS.—Section 1784a of title 10, 
United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) DOULA CERTIFICATIONS.—In carrying out the 
programs authorized by subsection (a), the Secretary shall 
provide assistance to the spouse of a member of the armed 
forces described in subsection (b) in obtaining a doula cer-
tification provided by an organization that receives reim-
bursement under the extramedical maternal health pro-
viders demonstration project required by section 746 of the 
William M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116–283; 10 
U.S.C. 1073 note).’’. 
(b) EXPANSION OF DOULA CARE FURNISHED BY DE-
PARTMENT OF DEFENSE.— 
(1) EXPANSION
OF
EXTRAMEDICAL
MATERNAL 
HEALTH PROVIDERS DEMONSTRATION PROJECT.—Sec-
tion 746 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
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(Public Law 116–283; 10 U.S.C. 1073 note) is 
amended— 
(A) by redesignating subsections (e) through 
(h) as subsections (f) through (i), respectively; 
and 
(B) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) COVERAGE OF DOULA CARE.—Not later than 90 
days after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2024, the Secretary shall 
ensure that the demonstration project includes coverage of 
labor doula care, or reimbursement for such care, for all 
beneficiaries under the TRICARE program, including ac-
cess— 
‘‘(1) by members of the Armed Forces on active 
duty; 
‘‘(2) by beneficiaries outside the continental 
United States; and 
‘‘(3) at military medical treatment facilities.’’. 
(2) HIRING OF DOULAS.—The hiring authority 
for each military medical treatment facility may hire 
a team of doulas to work in coordination with lacta-
tion support personnel or labor and delivery units at 
such facility. 
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•HR 2670 RH1S 
SEC. 706. MEDICAL TESTING AND RELATED SERVICES FOR 
FIREFIGHTERS 
OF 
DEPARTMENT 
OF 
DE-
FENSE. 
(a) PROVISION
OF SERVICES.—During the annual 
periodic health assessment of each firefighter of the Depart-
ment of Defense, or at such other intervals as may be speci-
fied in this subsection, the Secretary shall provide to the 
firefighter (at no cost to the firefighter) appropriate medical 
testing and related services to detect, document the presence 
or absence of, and prevent, certain cancers. Such services 
shall meet, at a minimum, the following criteria: 
(1) BREAST CANCER.—With respect to the breast 
cancer screening, if the firefighter is a female fire-
fighter— 
(A) such services shall include the provision 
of a mammogram to the firefighter— 
(i) on at least a biannual basis if the 
firefighter is 40 years old to 49 years old 
(inclusive); 
(ii) on at least an annual basis if the 
firefighter is at least 50 years old; and 
(iii) as clinically indicated (without 
regard to age); and 
(B) in connection with such provision, a li-
censed radiologist shall review the most recent 
mammogram provided to the firefighter, as com-
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•HR 2670 RH1S 
pared to prior mammograms so provided, and 
provide to the firefighter the results of such re-
view. 
(2) COLON CANCER.—With respect to colon can-
cer screening— 
(A) if the firefighter is at least 40 years old, 
and as otherwise clinically indicated, such serv-
ices shall include the communication to the fire-
fighter of the risks and benefits of stool-based 
blood testing; 
(B) if the firefighter is at least 45 years old, 
and as clinically indicated (without regard to 
age), such services shall include the provision, at 
regular intervals, of visual examinations (such 
as a colonoscopy, CT colonoscopy, or flexible 
sigmoidoscopy) or stool-based blood testing; and 
(C) in connection with such provision, a li-
censed physician shall review and provide to the 
firefighter the results of such examination or test-
ing, as the case may be. 
(3) PROSTATE CANCER.—With respect to prostate 
cancer screening, if the firefighter is a male fire-
fighter, the communication to the firefighter of the 
risks and benefits of prostate cancer screenings and 
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the provision to the firefighter of a prostate-specific 
antigen test— 
(A) on an annual basis, if the firefighter is 
at least 50 years old; 
(B) on an annual basis, if the firefighter is 
at least 40 years old and is a high-risk indi-
vidual; and 
(C) as clinically indicated (without regard 
to age). 
(4) OTHER CANCERS.—Such services shall in-
clude routine screenings for any other cancer the risk 
or occurrence of which the Director of the Centers for 
Disease Control and Prevention has identified as 
higher among firefighters than among the general 
public, the provision of which shall be carried out 
during the annual periodic health assessment of the 
firefighter. 
(b) OPTIONAL NATURE.—A firefighter of the Depart-
ment of Defense may opt out of the receipt of a medical 
testing or related service provided under subsection (a). 
(c) USE OF CONSENSUS TECHNICAL STANDARDS.—In 
providing medical testing and related services under sub-
section (a), the Secretary shall use consensus technical 
standards in accordance with section 12(d) of the National 
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Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note). 
(d) DOCUMENTATION.— 
(1) IN GENERAL.—In providing medical testing 
and related services under subsection (a), the Sec-
retary— 
(A) shall document the acceptance rates of 
such tests offered and the rates of such tests per-
formed; 
(B) shall document tests results, to identify 
trends in the rates of cancer occurrences among 
firefighters; and 
(C) may collect and maintain additional 
information from the recipients of such tests and 
other services, to allow for appropriate scientific 
analysis. 
(2) PRIVACY.—In analyzing any information of 
an individual documented, collected, or maintained 
under paragraph (1), in addition to complying with 
other applicable privacy laws, the Secretary shall en-
sure the name, and any other personally identifiable 
information, of the individual is removed from such 
information prior to the analysis. 
(3) SHARING WITH CENTERS FOR DISEASE CON-
TROL AND PREVENTION.—The Secretary may share 
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data from any tests performed under subsection (a) 
with the Director of the Centers for Disease Control 
and Prevention, as appropriate, to increase the 
knowledge and understanding of cancer occurrences 
among firefighters. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘firefighter’’ has the meaning given 
that term in section 707 of the National Defense Au-
thorization Act for Fiscal Year 2020 (Public Law 
116–92; 133 Stat. 1441; 10 U.S.C. 1074m note). 
(2) The term ‘‘high-risk individual’’ means an 
individual who— 
(A) has at least one first-degree relative who 
has been diagnosed with prostate cancer at an 
early age; or 
(B) is otherwise determined by the Sec-
retary to be high risk with respect to prostate 
cancer. 
SEC. 707. TEMPORARY REQUIREMENT FOR CONTRACEP-
TION 
COVERAGE 
PARITY 
UNDER 
THE 
TRICARE PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall en-
sure that, during the one-year period beginning on the date 
that is 30 days after the date of the enactment of the Act, 
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•HR 2670 RH1S 
the imposition or collection of cost-sharing for certain serv-
ices is prohibited as follows: 
(1) PHARMACY
BENEFITS
PROGRAM.—Notwith-
standing subparagraphs (A), (B), and (C), of section 
1074g(a)(6) of title 10, United States Code, cost-shar-
ing may not be imposed or collected with respect to 
any eligible covered beneficiary for any prescription 
contraceptive on the uniform formulary provided 
through a retail pharmacy described in section 
1074g(a)(2)(E)(ii) of such title or through the na-
tional 
mail-order 
pharmacy 
program 
of 
the 
TRICARE Program. 
(2) TRICARE SELECT.—Notwithstanding any 
provision under section 1075 of title 10, United 
States Code, cost-sharing may not be imposed or col-
lected for a covered service that is provided by a net-
work provider under the TRICARE program to any 
beneficiary under such section except for— 
(A) a member of the Coast Guard; or 
(B) an individual who is a beneficiary be-
cause such individual is a dependent of a mem-
ber of the Coast Guard. 
(3) TRICARE PRIME.—Notwithstanding sub-
sections (a), (b), and (c) of section 1075a of title 10, 
United States Code, cost-sharing may not be imposed 
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•HR 2670 RH1S 
or collected for a covered service that is provided 
under TRICARE Prime to any beneficiary under 
such section except for— 
(A) a member of the Coast Guard; or 
(B) an individual who is a beneficiary be-
cause such individual is a dependent of a mem-
ber of the Coast Guard. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered service’’ means any meth-
od of contraception approved, granted, or cleared by 
the Food and Drug Administration, any contracep-
tive care (including with respect to insertion, re-
moval, and follow up), any sterilization procedure, or 
any patient education or counseling service provided 
in connection with any such method, care, or proce-
dure. 
(2) The term ‘‘eligible covered beneficiary’’ 
means an eligible covered beneficiary as such term is 
used in section 1074g of title 10, United States Code 
except for— 
(A) a member of the Coast Guard, National 
Oceanic and Atmospheric Administration, or 
Public Health Service; or 
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•HR 2670 RH1S 
(B) an individual who is an eligible covered 
beneficiary because such individual is a depend-
ent of a member described in subparagraph (A). 
(3) The terms ‘‘TRICARE Program’’ and 
‘‘TRICARE Prime’’ have the meaning given such 
terms in section 1072 of title 10, United States Code. 
SEC. 708. NALOXONE AND FENTANYL: REGULATIONS; RE-
PORT. 
(a) REGULATIONS.—Not later than January 1, 2024, 
the Secretary of Defense, in coordination with the Secre-
taries of the military departments shall prescribe regula-
tions regarding naloxone and fentanyl on military installa-
tions. Such regulations shall— 
(1) ensure that naloxone is available for members 
of the Armed Forces— 
(A) on all military installations; and 
(B) in each operational environment; and 
(2) establish a standardized tracking system— 
(A) for naloxone distributed under para-
graph (1); and 
(B) of the illegal use of fentanyl and other 
controlled substances in the military depart-
ments. 
(b) REPORT.—Not later than June 1, 2024, the Sec-
retary of Defense shall submit to the Committees on Armed 
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•HR 2670 RH1S 
Services of the Senate and House of Representatives a re-
port regarding naloxone and fentanyl. Such report shall in-
clude the following elements: 
(1) Progress in the implementation of regula-
tions prescribed under subsection (a). 
(2) The prevalence and incidence of the illegal 
use of fentanyl and other controlled substances in the 
military departments during the five years preceding 
the report. 
(3) Processes of the military departments to 
mitigate substance abuse, particularly with regards to 
fentanyl. 
(c) NALOXONE DEFINED.—In this section, the term 
‘‘naloxone’’ means naloxone and any other medication used 
to reverse opioid overdose. 
SEC. 709. RATES OF REIMBURSEMENT FOR PROVIDERS OF 
APPLIED BEHAVIOR ANALYSIS. 
(a) IN GENERAL.—In furnishing applied behavior 
analysis under the TRICARE program to individuals de-
scribed in paragraph (2) during the period beginning on 
the date of the enactment of this Act and ending on Decem-
ber 31, 2024, the Secretary of Defense shall ensure that the 
reimbursement rates for providers of applied behavior anal-
ysis are not less than the rates that were in effect on May 
1, 2023. 
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•HR 2670 RH1S 
(b) INDIVIDUALS DESCRIBED.—Individuals described 
in this paragraph are individuals who are covered bene-
ficiaries by reason of being a member or former member 
of the Army, Navy, Marine Corps, Air Force, or Space 
Force, including the reserve components thereof, or a de-
pendent of such a member or former member. 
(c) DEFINITIONS.—In this section, the terms ‘‘covered 
beneficiary’’ and ‘‘TRICARE program’’ have the meaning 
given those terms in section 1072 of title 10, United States 
Code. 
SEC. 710. DEPARTMENT OF DEFENSE PILOT PROGRAM ON 
HEALTH EFFECTS OF MEDICAL MARIJUANA 
USE BY VETERANS. 
(a) PILOT PROGRAM.—Not later than 90 days after 
the date of the enactment of this Act, subject to the avail-
ability in advance of appropriations, the Secretary of De-
fense, in consultation with the Secretary of Veterans Affairs, 
shall commence the conduct of a pilot program to study the 
effect of marijuana use by covered individuals with respect 
to the health outcomes of such individuals (in this section 
referred to as the ‘‘pilot program’’). 
(b) ACTIVITIES.—Under the pilot program, the Sec-
retary of Defense, in consultation with the Secretary of Vet-
erans Affairs, shall carry out the following activities: 
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(1) Conducting preclinical research or a clinical 
investigation pursuant to an investigational new 
drug exemption under section 505(i) of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)), in 
accordance with a research protocol that has been re-
viewed and approved under such section with respect 
to such research or investigation. 
(2) Assessing and, subject to the Health Insur-
ance Portability and Accountability Act of 1996 
(Public Law 104–191) and other applicable laws re-
garding privacy, compiling and publishing relevant 
data collected by State-approved marijuana regu-
latory programs and made available to the Secretary 
of Defense. 
(3) Such other activities as the Secretary of De-
fense may determine appropriate for purposes of the 
pilot program. 
(c) LOCATION; RELATIONSHIP TO CERTAIN LAWS.— 
(1) LOCATION; RELATIONSHIP TO STATE LAW.— 
The pilot program shall be conducted in one or more 
States with a State-approved marijuana regulatory 
program, and shall be conducted in accordance with 
applicable State law with respect to the manufacture, 
distribution, dispensing, or possession of marijuana, 
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•HR 2670 RH1S 
to the extent such activity occurs as part of such pilot 
program. 
(2) RELATIONSHIP TO CONTROLLED SUBSTANCES 
ACT.—The Controlled Substances Act (21 U.S.C. 801 
et seq.) and Article 112a of the Uniform Code of Mili-
tary Justice (10 U.S.C. 912a) shall not apply with 
respect to the manufacture, distribution, dispensing, 
or possession of marijuana under the pilot program 
as part of preclinical research or a clinical investiga-
tion conducted under subsection (b)(1), to the extent 
such activity occurs as part of the pilot program and 
in 
compliance 
with 
Medical 
Marijuana 
and 
Cannabidiol Research Expansion Act (Public Law 
117–215). 
(3) EFFECT ON OTHER LAWS.—Nothing in this 
subtitle shall affect or modify— 
(A) the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 301 et seq.); 
(B) section 351 of the Public Health Service 
Act (42 U.S.C. 262); 
(C) 
the 
Medical 
Marijuana 
and 
Cannabidiol Research Expansion Act (Public 
Law 117–215); or 
(D) any authority of the Commissioner of 
Food and Drugs or the Secretary of Health and 
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Human Services under a provision of law speci-
fied in subparagraphs (A) through (C) (includ-
ing the authority of the Commissioner or Sec-
retary to promulgate regulations or guidelines 
relating to the production of hemp under such a 
provision). 
(d) EFFECT ON OTHER BENEFITS.—The eligibility or 
entitlement of a covered individual to any other benefit 
under the laws administered by the Secretary of Veterans 
Affairs or any other provision of law shall not be affected 
by the participation of the covered individual in the pilot 
program. 
(e) REPORT.—Not later than one year after the date 
on which the pilot program commences, and annually there-
after for the duration of the pilot program, the Secretary 
of Defense shall submit to the appropriate congressional 
committees a report on the conduct of the pilot program. 
(f) TERMINATION; RENEWAL.— 
(1) TERMINATION.—Except as provided in para-
graph (2), the pilot program shall terminate on the 
date that is five years after the date on which the 
pilot program commences. 
(2) RENEWAL.—If the Secretary of Defense deter-
mines it appropriate, the Secretary may renew the 
pilot program for a single additional five-year period 
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•HR 2670 RH1S 
following the date of termination under paragraph 
(1). 
(g) FUNDING LIMITATION.—Amounts authorized to be 
made available to the Medicare-Eligible Retiree Health 
Care Fund established under chapter 56 of title 10, United 
States Code, are not authorized to be transferred or other-
wise made available to carry out the pilot program. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the House 
of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the Senate. 
(2) The term ‘‘covered Armed Force’’ means the 
Army, Navy, Marine Corps, Air Force, or Space 
Force. 
(3) The term ‘‘covered individual’’ means any 
member of a covered Armed Force or veteran diag-
nosed with post-traumatic stress disorder, depression, 
or anxiety, or prescribed pain management, by a 
health professional furnishing care at a facility of the 
Department of Veterans Affairs or through the Vet-
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erans Community Care Program under section 1703 
of title 38, United States Code. 
(4) The term ‘‘marijuana’’ has the meaning 
given that term in section 102(16) of the Controlled 
Substances Act (21 U.S.C. 802(16)). 
SEC. 711. PILOT PROGRAM ON CRYOPRESERVATION AND 
STORAGE OF GAMETES OF CERTAIN MEM-
BERS OF THE ARMED FORCES. 
(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish a pilot program to reimburse not more than 200 
covered members for expenses incurred in the testing, 
cryopreservation, shipping, and storage of gametes of such 
covered members in a private storage facility determined 
appropriate by the Secretary. 
(b) AMOUNT OF REIMBURSEMENT.—A covered member 
shall receive not more than— 
(1) $500 in the case of a member who preserves 
sperm; and 
(2) $7,500 in the case of a member who preserves 
eggs. 
(c) INFORMATION TO PARTICIPANTS.—The Secretary 
shall provide to a covered member participating in the pilot 
program information regarding providers of services de-
scribed in subsection (a) located near the covered member. 
(d) IMPLEMENTATION SCHEDULE.—Not later than— 
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(1) 30 days after the date of the enactment of 
this Act, the Secretary shall notify covered members 
of the pilot program; and 
(2) 60 days after the date of the enactment of 
this Act, the Secretary shall— 
(A) submit to the Committees on Armed 
Services of the Senate and the House of Rep-
resentatives an implementation plan for the pilot 
program; and 
(B) carry out the pilot program. 
(e) NO LIABILITY OR CONTRACTUAL OBLIGATION.— 
The United States shall not be— 
(1) considered a party to any agreement between 
a covered member who participates in the pilot pro-
gram and a private gamete storage facility; or 
(2) responsible for the management of gametes 
cryopreserved, or stored for which a covered member 
receives reimbursement under such pilot program. 
(f) ADVANCED MEDICAL DIRECTIVE.—A covered mem-
ber who participates in the pilot program shall complete 
an advanced medical directive that specifies how gametes 
preserved under the pilot program shall be handled upon 
the death of such covered member. 
(g) PROMOTION OF PILOT PROGRAM.—Not later than 
30 days after the date of the enactment of this Act, the Sec-
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retary shall promote the pilot program to covered members 
in the course of annual health examinations and pre-de-
ployment screenings. 
(h) REPORT.—Not later than one year after the Sec-
retary establishes the pilot program, the Secretary shall sub-
mit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the pilot program. 
Such report shall include the following: 
(1) Usage by covered members. 
(2) Demographics of participating covered mem-
bers. 
(3) Costs of services to participating covered 
members. 
(4) The feasibility of expanding the pilot pro-
gram. 
(5) The feasibility of making the pilot program 
permanent. 
(6) Other information determined appropriate 
by the Secretary. 
(i) TERMINATION.—The pilot program shall terminate 
one year after the date of the enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘covered member’’ means a member 
of a covered Armed Force serving on active duty— 
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(A) who has received orders (including de-
ployment orders) for duty for which the member 
may receive hazardous duty pay under section 
351 of title 37, United States Code; 
(B) whom the Secretary determines is likely 
to receive such orders in the next 120 days; 
(C) who will, under orders, be geographi-
cally separated from a spouse, domestic partner, 
or dating partner for a period exceeding 180 
days; or 
(D) whose application to participate in the 
pilot program that the Secretary approves. 
(2) The term ‘‘covered Armed Forces’’ means the 
Army, Navy, Marine Corps, Air Force, or Space 
Force. 
(3) The term ‘‘deployment’’ has the meaning 
given such term in section 991(b) of title 10, United 
States Code. 
SEC. 712. PSYCHOLOGICAL EVALUATIONS FOR CERTAIN 
MEMBERS OF THE ARMED FORCES WHO 
SERVED IN KABUL. 
(a) INITIAL EVALUATION.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide an initial psychological evaluation 
to each member of the Armed Forces who— 
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(1) served at the Hamid Karzai International 
Airport in Kabul, Afghanistan, between August 15 
and August 29, 2021; and 
(2) has not already received a psychological eval-
uation with respect to such service. 
(b) ADDITIONAL EVALUATIONS.—The Secretary of De-
fense shall provide to each member of the Armed Forces who 
receives a psychological evaluation under subsection (a), or 
would have received such an evaluation but for the applica-
tion of subsection (a)(2)— 
(1) an additional psychological evaluation not 
later than two years after the date of the enactment 
of this Act; and 
(2) a second additional psychological evaluation 
not later than five years after the date of the enact-
ment of this Act. 
(c) REPORTING REQUIREMENT.—Not later than 220 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the number of members of the Armed 
Forces, broken down by component (National Guard, Re-
serve, and Active), that are eligible for, and receive, an ini-
tial psychological evaluation— 
(1) under subsection (a); or 
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(2) otherwise resulting from service at the 
Hamid Karzai International Airport in Kabul, Af-
ghanistan, between August 15 and August 29, 2021. 
SEC. 713. AUTHORITY TO EXPAND THE TRICARE COMPETI-
TIVE PLANS DEMONSTRATION PROJECT. 
(a) AUTHORITY.—To the extent practicable, the Sec-
retary of Defense shall seek to expand the TRICARE Com-
petitive Plans Demonstration Project to not fewer than 10 
locations on or after October 1, 2024. 
(b) TRICARE COMPETITIVE PLANS DEMONSTRATION 
PROJECT DEFINED.—In this section, the term ‘‘TRICARE 
Competitive Plans Demonstration Project’’ means the 
project designed to test the contract acquisition strategy of 
providing an opportunity for local, regional, and national 
health plans to participate in the competition for managed 
care support functions under the TRICARE program, in 
accordance with section 705(c)(3) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328; 10 U.S.C. 1073a note). 
Subtitle B—Health Care 
Administration 
SEC. 721. CLARIFICATION OF GRADE OF SURGEON GEN-
ERAL OF THE NAVY. 
Section 8077 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
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‘‘(c) GRADE.—The Surgeon General, while so serving, 
shall hold the grade of O–9.’’. 
SEC. 722. CLARIFICATION OF RESPONSIBILITIES REGARD-
ING THE INTEGRATED DISABILITY EVALUA-
TION SYSTEM. 
(a) CLARIFICATION.—Subsection (h) of section 1073c 
of title 10, United States Code, is amended— 
(1) in the heading, by striking ‘‘SECRETARIES 
CONCERNED
AND MEDICAL EVALUATION BOARDS’’ 
and inserting ‘‘AUTHORITY OVER MEMBERS’’; 
(2) by inserting ‘‘(1)’’ before ‘‘Nothing’’; and 
(3) by adding at the end the following new para-
graphs: 
‘‘(2) Notwithstanding the responsibilities and authori-
ties of the Defense Health Agency with respect to the admin-
istration of military medical treatment facilities as set forth 
in this section (including medical evaluations of members 
of the armed forces), the Secretary of each military depart-
ment shall maintain personnel authority over, and respon-
sibility for, any member of the armed forces under the juris-
diction of the military department concerned while the 
member is being considered by a medical evaluation board 
or is otherwise subject to the integrated disability evalua-
tion system. Such responsibility shall include the following: 
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‘‘(A) Responsibility for administering the morale 
and welfare of the member. 
‘‘(B) Responsibility for determinations of fitness 
for duty of the member under chapter 61 of this title. 
‘‘(3) Notwithstanding the responsibilities and authori-
ties of the Defense Health Agency with respect to the admin-
istration of the integrated disability evaluation system, a 
commander shall, at all times, maintain absolute responsi-
bility for, and authority over, a member of the armed forces 
referred to the integrated disability evaluation system. Such 
responsibility and authority include the following: 
‘‘(A) The authority to pause any process of the 
integrated disability evaluation system regarding the 
member. 
‘‘(B) The authority to withdraw the member 
from the integrated disability evaluation system if the 
commander determines that any policy, procedure, 
regulation, or other guidance has not been followed in 
the member’s case. 
‘‘(4) Pursuant to regulations prescribed by the Sec-
retary of Defense, a member referred to the integrated dis-
ability evaluation system may file an appeal of such refer-
ral with the Secretary of the military department con-
cerned. Such an appeal— 
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‘‘(A) shall be in addition to any appeals process 
established as part of the integrated disability evalua-
tion system; 
‘‘(B) shall include a hearing before an officer 
who may convene a general court-martial and who is 
in the chain of command of the member; and 
‘‘(C) shall be adjudicated not later than 90 days 
after such filing.’’. 
(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out paragraphs (2) through 
(4) of such subsection, as added by this section, not later 
than 90 days after the date of the enactment of this Act. 
(c) BRIEFING.—Not later than February 1, 2024, the 
Secretary of Defense shall provide to the Committees on 
Armed Services of the Senate and House of Representatives 
a briefing on the implementation of such paragraphs. 
SEC. 723. SHARING OF MEDICAL DATA REGARDING MEM-
BERS OF THE COAST GUARD. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
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‘‘§ 1110c. Sharing of medical data regarding members 
of the Coast Guard 
‘‘(a) SHARING OF DATA.—The Secretary of Defense 
shall provide, on an annual basis, to the Commandant of 
the Coast Guard, data regarding medical care— 
‘‘(1) provided at military medical treatment fa-
cilities established under section 1073c of this title to 
members of the Coast Guard and beneficiaries of such 
members; and 
‘‘(2) received by members of the Coast Guard 
and beneficiaries of such members through the 
TRICARE program. 
‘‘(b) CAPABILITY AND CAPACITY REPORTS.—The Sec-
retary of Defense, acting through the Director of the Defense 
Health Agency, shall provide to the Commandant of the 
Coast Guard capability and capacity reports regarding 
members of the Coast Guard, and beneficiaries of such mem-
bers, who receive treatment at military medical treatment 
facilities. 
‘‘(c) HIPAA LIMITATION.—None of the information 
shared under this section shall include personally identifi-
able information, sensitive patient health information, or 
information that violates the Health Insurance Portability 
and Accountability Act of 1996 (Public Law 104–191).’’. 
(b) PLAN; REPORT.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense 
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and the Commandant of the Coast Guard shall develop a 
plan to carry out section 1110c of such title, as added by 
this section, and submit a report containing such plan to 
the appropriate congressional committees. 
(c) IMPLEMENTATION DATE.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
and Commandant shall carry out section 1110c of such 
title, as added by this section. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The Committee on Armed Services of the 
Senate. 
(2) The Committees on Armed Services of the 
House of Representatives. 
(3) The Committee on Commerce, Science, and 
Transportation of the Senate. 
(4) The Committee on Transportation and Infra-
structure of the House of Representatives. 
SEC. 724. ORGANIZATIONAL FRAMEWORK OF THE MILITARY 
HEALTH SYSTEM TO SUPPORT THE MEDICAL 
REQUIREMENTS OF THE COMBATANT COM-
MANDS. 
(a) 
DEFENSE
HEALTH
AGENCY
REGIONS
IN 
CONUS.—Section 712(c) of the John S. McCain National 
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Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 10 U.S.C. 1073c note) is amended— 
(1) in paragraph (1)— 
(A) in the paragraph heading, by striking 
‘‘HEALTHAGENCY’’ 
and 
inserting 
‘‘HEALTH 
AGENCY’’; and 
(B) by striking ‘‘not more than two’’; and 
(2) in paragraph (2)(A), by striking ‘‘military’’. 
(b) DEFENSE HEALTH AGENCY REGIONS OCONUS.— 
Section 712(d) of such Act (Public Law 115–232; 10 U.S.C. 
1073c note) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘not more than two’’; and 
(2) in paragraph (3), by striking ‘‘defense health 
regions’’ and inserting ‘‘Defense Health Agency re-
gions’’. 
(c) 
PLANNING
AND
COORDINATION.—Section 
712(e)(1)(A) of such Act (Public Law 115–232; 10 U.S.C. 
1073c note) is amended by striking ‘‘defense health region’’ 
and inserting ‘‘Defense Health Agency region’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2023. 
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SEC. 725. MANDATORY TRAINING ON HEALTH EFFECTS OF 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL 
SUBSTANCES. 
The Secretary of Defense shall provide to each medical 
provider of the Department of Defense mandatory training 
with respect to the potential health effects of perfluoroalkyl 
or polyfluoroalkyl substances. 
SEC. 726. ESTABLISHMENT OF MILITARY PHARMACEUTICAL 
AND 
MEDICAL 
DEVICE 
VULNERABILITY 
WORKING GROUP. 
(a) ESTABLISHMENT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Chairman of the Joint 
Chiefs of Staff, the Under Secretary of Defense for Personnel 
and Readiness, and the Under Secretary of Defense for Ac-
quisition and Sustainment, shall establish a military phar-
maceutical and medical device vulnerability working group. 
(b) MEMBERSHIP.—Each member of the working 
group shall be a member of the Armed Forces or a civilian 
employee of the Department of Defense. 
(c) COCHAIRS.—The Secretary shall appoint a chair 
of the working group. The working group shall elect a co-
chair from among its members. 
(d) DUTIES.—The duties of the working group shall 
include the following: 
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(1) To provide a forum for members of the work-
ing group to discuss issues involving access, threats, 
and vulnerabilities to pharmaceuticals, therapeutics 
and medical devices in operational environments of 
the Department. 
(2) To assess and catalog the work currently 
being performed within the Department regarding 
such access, threats, and vulnerabilities. 
(3) To identify current vulnerabilities, including 
supply chain issues, active pharmaceutical ingredient 
supplies, device component issues and cyber and elec-
tronic threats that may disrupt operations of the De-
partment. 
(4) To identify medications necessary for the De-
partment in specific circumstances (such as armed 
conflict) that are critical for operational readiness in 
each combatant command. 
(5) To develop an annually updated list of phar-
maceuticals critical to the Department (including 
medications identified under paragraph (4)) and re-
lated quantities needed to mitigate the risk of supply 
disruptions for military treatment facilities. 
(6) To develop a risk assessment matrix regard-
ing such pharmaceuticals and medical devices to 
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highlight related risks to missions of the combatant 
commands and the military health system. 
(7) To include any information in the joint med-
ical estimate of the Department or a similar report 
that highlights information that would be classified as 
sensitive or requiring a security classification above 
unclassified. 
(8) To develop a plan for the allocation of scarce 
pharmaceutical resources within the Department dur-
ing supply chain disruptions and potential conflicts 
with competitors highlighted in the national defense 
strategy. 
(9) To develop a plan for stockpiling essential 
medications to ensure availability of a 180-day sup-
ply during armed conflict or other supply chain dis-
ruptions. 
(10) 
To 
develop 
a 
plan 
that 
mitigates 
vulnerabilities to active pharmaceutical ingredient 
supply chains and reduces dependence on active phar-
maceutical ingredients from foreign sources. 
(e) MEETINGS.—The working group shall meet at the 
call of the chair or cochairs and not less than once per quar-
ter of the calendar year. 
(f) BRIEFING AND REPORTS.— 
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(1) INITIAL BRIEFING.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives an 
interim report on the organization, activities, plans, 
actions and milestones of the working group. 
(2) ANNUAL REPORT.—Not later than September 
30 of each year, beginning in 2025 and ending in 
2028, the Secretary shall submit to the Committees on 
Armed Services of the Senate and House of Represent-
atives a report describing the activities, funding, 
plans, actions, and milestones of the working group, 
and other matters determined by the Secretary, dur-
ing the preceding year. 
(g) TERMINATION.—The working group shall termi-
nate on September 30, 2028. 
SEC. 727. ESTABLISHMENT OF MEDICAL AND SURGICAL 
CONSUMABLES STANDARDIZATION WORKING 
GROUP. 
(a) ESTABLISHMENT.—Not later than March 1, 2024, 
the Secretary of Defense shall establish a working group of 
logistics experts, medical experts, and surgical experts from 
across the military departments and the Defense Health 
Agency to standardize the medical and surgical consumable 
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supplies procured and used within the Department of De-
fense. 
(b) CHAIR.—The Secretary shall appoint an officer in 
a grade above O-6 to serve as chair of the working group. 
(c) DUTIES.—The duties of the working group include 
the following: 
(1) To identify a list of the consumable medical 
and surgical supplies acquired by the Department, by 
national item identification number or national stock 
number. 
(2) To identify, of the supplies identified under 
paragraph (1)— 
(A) unique items; and 
(B) non-unique items that are functionally 
interchangeable. 
(3) Disaggregate such list by the offeror of the 
supplies, member of the acquisition workforce (as de-
fined in section 101 of title 10, United States Code) 
responsible for procurement of the supplies, and the 
entity or end user of such supplies. 
(4) To revise and standardize the catalog for 
consumable medical and surgical supplies of the De-
partment of Defense, including the elimination unnec-
essary and duplicate supplies. 
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(5) To ensure supplies identified under para-
graph (1) are provided to the appropriate entity or 
end user in a regular and timely manner. 
(6) To coordinate with the Director of the De-
fense Logistics Agency to conduct regular stress tests 
of the surge requirements for such supplies. 
(7) To generate methods to encourage health care 
providers in the Defense Health Agency to procure 
such supplies through the catalog described in para-
graph (4) instead of through other means. 
(d) BRIEFINGS.— 
(1) INTERIM.—Not later than October 1, 2024, 
the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of 
Representatives a briefing on the activities of the 
working group. 
(2) FINAL.—Not later than December 31, 2025, 
the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and House of 
Representatives a final briefing on the activities of the 
working group. 
(e) TERMINATION.—The working group shall termi-
nate two years after the date of the enactment of this Act. 
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SEC. 728. PILOT PROGRAM ON REMOTE HEALTH MONI-
TORING TECHNOLOGIES. 
(a) ESTABLISHMENT.—The Secretary of Defense shall 
carry out a pilot program to furnish, to certain members 
of the Armed Forces, technologies that offer remote health 
monitoring. 
(b) REQUIREMENTS FOR PILOT PROGRAM.—The pilot 
program shall include members— 
(1) of special operations forces; and 
(2) the Center for Initial Military Training of 
the Army, including members undergoing— 
(A) basic combat training; and 
(B) the future soldier preparatory course. 
(c) CRITERIA FOR TECHNOLOGIES.—Technologies fur-
nished under the pilot program shall— 
(1) use facial detection technology; and 
(2) provide information on a member’s— 
(A) heart rate, including variability; 
(B) blood pressure; 
(C) blood oxygen saturation level; and 
(D) respiratory rate. 
(d) BRIEFING.—Not later than six months after com-
mencing the pilot program, the Secretary shall provide to 
the congressional defense committees a briefing on the pilot 
program, including— 
(1) an explanation of— 
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(A) the types of technologies considered for 
the pilot program; 
(B) the success of the pilot program in in-
creasing awareness of the physical and mental 
health of members furnished such technologies; 
and 
(C) any potential barriers to the expansion 
of the pilot program; and 
(2) recommendations for how the Secretary may 
use readily available remote health monitoring tech-
nologies to enhance physical and mental health 
awareness of members of the Armed Forces. 
(e) TERMINATION.—The pilot program shall terminate 
five years after the date of the enactment of this Act. 
SEC. 729. TASK FORCE OF DEPARTMENT OF DEFENSE ON 
MENTAL HEALTH. 
(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish a task force to examine matters relating to the 
mental health of members of the Armed Forces (in this sec-
tion referred to as the ‘‘task force’’). 
(b) MEMBERSHIP.— 
(1) QUALIFICATIONS.—The Secretary of Defense 
shall appoint to the task force individuals who have 
demonstrated expertise in the following areas: 
(A) National mental health policy. 
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(B) Military personnel policy. 
(C) Research in the field of mental health. 
(D) Clinical care in mental health. 
(E) Military chaplain or pastoral care. 
(2) NUMBER; COMPOSITION.—The Secretary of 
Defense shall appoint not more than 15 individuals 
to the task force in accordance with the following: 
(A) 
DEPARTMENT
OF
DEFENSE
AP-
POINTEES.—The appointees shall include— 
(i) at least one member of each of the 
Army, Navy, Air Force, Marine Corps, and 
the National Guard; 
(ii) at least one surgeon general of an 
Armed Force; and 
(iii) at least one dependent of a mem-
ber of the Armed Forces who has experience 
working with military families. 
(B) NON-DEPARTMENT
OF
DEFENSE
AP-
POINTEES.—Not fewer than 7 of the appointees 
shall be individuals who are not members of the 
Armed Forces, civilian employees of the Depart-
ment of Defense, or dependents of such members, 
and shall include— 
(i) an officer or employee of the De-
partment of Veterans Affairs; and 
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(ii) an officer or employee of the Sub-
stance Abuse and Mental Health Services 
Administration of the Department of Health 
and Human Services. 
(C) DEADLINE.—The Secretary of Defense 
shall appoint all members by not later than 90 
days after the date of the enactment of this Act. 
(D) CO-CHAIRS.—There shall be two co- 
chairs of the task force, of whom— 
(i) one shall be designated by the Sec-
retary at the time of appointment from 
among the individuals appointed under 
subparagraph (A); and 
(ii) one shall be selected from among 
the members appointed under subparagraph 
(B) by the members so appointed. 
(c) ASSESSMENT AND RECOMMENDATIONS ON MENTAL 
HEALTH SERVICES.— 
(1) REPORT.—Not later than one year after the 
date on which all members of the task force have been 
appointed, the task force shall submit to the Secretary 
of Defense a report containing an assessment of, and 
recommendations for improving, the efficacy of men-
tal health services provided to members of the Armed 
Forces by the Secretary of Defense. 
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(2) USE OF OTHER EFFORTS.—In preparing the 
report under paragraph (1), the task force shall take 
into consideration completed and ongoing efforts by 
the Secretary of Defense and the Secretary of Veterans 
Affairs to improve the efficacy of mental health care 
provided to members of the Armed Forces. 
(3) 
ELEMENTS.—The 
assessment 
and 
rec-
ommendations specified in paragraph (1) (including 
recommendations for legislative or administrative ac-
tion) shall include measures to improve the following: 
(A) The awareness of the potential for men-
tal health conditions of members of the Armed 
Forces. 
(B) The access to, and efficacy of, existing 
programs (include telehealth programs) in pri-
mary care and mental health care to prevent, 
identify, and treat mental health conditions of 
members of the Armed Forces, including pro-
grams for— 
(i) forward-deployed troops; 
(ii) members of the reserve components; 
and 
(iii) members assigned to remote or 
austere duty locations. 
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(C) The access to adequate telehealth re-
sources including for members described in sub-
paragraph (B), including access to equipment, 
bandwidth, and platforms used to deliver care. 
(D) The assessment of disruptions to mental 
health care as a result of frequent changes to eli-
gibility and coverage for members of the Na-
tional Guard under the TRICARE program, as 
well as potential benefits of more consistent care. 
(E) Analysis of the potential effect on access 
and outcomes for members serving on active duty 
as a result of proposed cuts to military end 
strengths regarding members with medical mili-
tary occupational specialties. 
(F) The access to and programs for family 
members of members of the Armed Forces, in-
cluding family members overseas. 
(G) Access to, and quality of, private men-
tal health care received by members of the Armed 
Forces through the TRICARE program. 
(H) The reduction or elimination of bar-
riers to care, including the stigma associated 
with mental health conditions, by measures in-
cluding enhanced confidentiality for members of 
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the Armed Forces who seek care for such condi-
tions. 
(I) The awareness of mental health services 
available to dependents of members of the Armed 
Forces. 
(J) The adequacy of outreach, education, 
and support programs on mental health matters 
for families of members of the Armed Forces. 
(K) The early identification and treatment 
of mental health and substance abuse problems 
through the use of internal mass media commu-
nications (including radio, and television, social 
media) and other education tools to change atti-
tudes within the Armed Forces regarding mental 
health and substance abuse treatment. 
(L) The transition from mental health care 
furnished by the Secretary of Defense to such 
care furnished by the Secretary of Veterans Af-
fairs. 
(M) The availability of long-term follow-up 
and access to care for mental health conditions 
for members of the Individual Ready Reserve 
and the Selected Reserve and for discharged, sep-
arated, or retired members of the Armed Forces. 
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(N) Collaboration between the heads of ele-
ments of the Department of Defense with respon-
sibility for, or jurisdiction over, the provision of 
mental health services. 
(O) Coordination between the Secretary of 
Defense and civilian communities, including 
State, local, Tribal, and territorial governments, 
and local support organizations, with respect to 
mental health services. 
(P) Coordination between the Secretary of 
Defense and the heads of relevant Federal stake-
holders, including the Assistant Secretary for 
Mental Health and Substance Use, the Director 
of the National Institutes of Health, and the Di-
rector of the Centers for Disease Control and 
Prevention. 
(Q) The scope and efficacy of curricula and 
training on mental health matters for com-
manders in the Armed Forces. 
(R) The efficiency and effectiveness of pre- 
and post-deployment mental health screenings, 
including mental health screenings for members 
of the Armed Forces. 
(S) The effectiveness of mental health pro-
grams provided in languages other than English. 
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(T) Tracking the use of behavioral health 
services and related outcomes, including wait 
times, continuity of care, symptom resolution, 
and maintenance of improvements resulting from 
treatment. 
(U) Other matters the task force determines 
appropriate. 
(d) ADMINISTRATIVE MATTERS.— 
(1) COMPENSATION.— 
(A) MEMBERS
OF
THE
ARMED
FORCES; 
UNITED
STATES
GOVERNMENT
EMPLOYEES.— 
Each member of the task force who is a member 
of the Armed Forces or a civilian officer or em-
ployee of the United States Government shall 
serve without compensation (other than com-
pensation to which entitled as a member of the 
Armed Forces or an officer or employee of the 
United States Government, as the case may be). 
(B) OTHER MEMBERS.—Any member of the 
task force not described in subparagraph (A) 
shall be treated for purposes of section 3161 of 
title 5, United States Code, as having been ap-
pointed under subsection (b) of such section. 
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(2) OVERSIGHT.—The Under Secretary of De-
fense for Personnel and Readiness shall oversee the ac-
tivities of the task force. 
(3) ADMINISTRATIVE SUPPORT.—The Director of 
the Washington Headquarters Services of the Depart-
ment of Defense shall provide the task force with per-
sonnel, facilities, and other administrative support as 
necessary for the performance of the duties of the task 
force. 
(4) ACCESS
TO
FACILITIES.—The Under Sec-
retary of Defense for Personnel and Readiness, in co-
ordination with the Secretaries of the military de-
partments, shall ensure appropriate access by the task 
force to military installations and facilities for pur-
poses of the discharge of the duties of the task force. 
(e) TERMINATION.—The task force shall terminate 90 
days after the date on which the Secretary submits to the 
appropriate congressional committees the report of the task 
force under subsection (c)(1). 
(f) PLAN OF THE SECRETARY.—Not later than 180 
days after receiving the report of the task force under sub-
section (c)(1), the Secretary of Defense shall develop a plan 
based on the recommendations of the task force and submit 
such plan to the congressional defense committees. 
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(g) REPORTS BY THE SECRETARY.—For each of the 
five years following the receipt of the report of the task force 
under subsection (c)(1), the Secretary of Defense shall sub-
mit to the congressional defense committees a report on the 
recommendations made by the task force with respect to the 
Department of Defense. Each such report shall include— 
(1) for each such recommendation, the deter-
mination of the Secretary of Defense as to whether to 
implement the recommendation; 
(2) in the case of a recommendation the Sec-
retary intends to implement, the intended timeline for 
implementation, a description of any additional re-
sources or authorities required for such implementa-
tion, and the plan for such implementation; 
(3) in the case of a recommendation the Sec-
retary determines is not advisable or feasible, the 
analysis and justification of the Secretary in making 
that determination; and 
(4) in the case of a recommendation the Sec-
retary determines is already being implemented, the 
analysis and justification of the Secretary in making 
that determination. 
(h) BRIEFINGS BY THE SECRETARY.—Not less fre-
quently than annually during the five-year period following 
the receipt of the report of the task force under subsection 
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(c)(1), the Secretary of Defense shall provide to the congres-
sional defense committees a briefing on— 
(1) the progress of the Secretary of Defense in 
analyzing and implementing the recommendations 
made by the task force; 
(2) any programs, projects, or other activities of 
the Department of Defense that are being carried out 
to implement such recommendations; and 
(3) the amount of funding provided for such pro-
grams, projects, and activities. 
(i) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Veterans’ Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Veterans’ Affairs of the Senate. 
SEC. 730. DISCLOSURES BY ENTITIES RECEIVING GRANTS 
THE 
SECRETARY 
OF 
DEFENSE 
FOR 
BIO-
MEDICAL RESEARCH. 
Any entity that receives a grant from the Secretary 
of Defense for biomedical research shall— 
(1) disclose to the Secretary each corporate par-
ent, affiliate, and subsidiary of such entity; and 
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(2) certify to the Secretary that such entity does 
not receive funding from— 
(A) the Chinese Communist Party; 
(B) a company included in the non-SDN 
Chinese military-industrial complex companies 
list maintained by the Secretary of the Treasury; 
or 
(C) an entity on the sanctions list of the Of-
fice of Foreign Assets Control of the Department 
of the Treasury. 
Subtitle C—Studies and Reports 
SEC. 741. AMENDMENTS TO REPORT ON BEHAVIORAL 
HEALTH WORKFORCE OF THE DEPARTMENT 
OF DEFENSE. 
Section 737 of the James M. Inhofe National Defense 
Authorization Act for Fiscal Year 2023 (Public Law 117– 
263) is amended as follows: 
(1) In subsection (c)(1)— 
(A) by redesignating subparagraph (H) as 
subparagraph (M); and 
(B) by inserting, after subparagraph (G), 
the following new subparagraphs: 
‘‘(H) The number of behavioral health pro-
viders performing active duty who are perma-
nently assigned to positions outside of their field 
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of training (including command, recruitment or 
training, and staff assignments). 
‘‘(I) The extent to which collateral duties af-
fect the ability of behavioral health providers de-
scribed in subparagraph (H) to provide care. 
‘‘(J) The number of civilian behavioral 
health providers with collateral administrative 
duties, and the extent to which such duties affect 
such providers/ ability to provide care. 
‘‘(K) The effects of preventing behavioral 
health providers from serving in positions rel-
evant to their fields. 
‘‘(L) An analysis of how a full-time equiva-
lent is calculated and the feasibility of standard-
izing the calculation within and across the 
Armed Forces.’’. 
(2) In subsection (e), by adding at the end the 
following new paragraph: 
‘‘(11) The term ‘behavioral health provider’ in-
cludes a— 
‘‘(A) licensed independent clinical social 
worker; 
‘‘(B) psychologist; 
‘‘(C) licensed mental health counselor; 
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‘‘(D) licensed marriage and family thera-
pist; 
‘‘(E) psychiatric nurse mental health clin-
ical specialist; or 
‘‘(F) psychiatrist.’’. 
SEC. 742. COMPREHENSIVE STRATEGY ON FORCE RESIL-
IENCE OF THE DEPARTMENT OF DEFENSE. 
(a) ESTABLISHMENT.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives and publish a 
comprehensive strategy on force resilience that provides a 
proactive, intentional approach to holistic health within the 
Total Force Fitness framework of the Department of De-
fense. Such strategy shall include the following: 
(1) Priorities and objectives determined by the 
Secretary. 
(2) Assessments of the effectiveness of current 
models, focusing on models that are data-driven and 
evidence-based. 
(3) Implementation of the recommendation in 
the Report to Congress on the Department of Defense 
Plan to Achieve the Vision of the DoD Task Force on 
Mental Health, dated September 19, 2007, to provide 
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embedded health care and support professional in 
high-risk units. 
(4) Provision of care in all health domains. 
(5) A reevaluation of operational requirements to 
ensure that embedded positions are appropriately 
billeted, funded, trained, and deployable (if deemed 
necessary). 
(6) Participation of the prevention workforce of 
the Department. 
(b) IMPLEMENTATION.—Not later than 90 days after 
publishing the strategy under subsection (a), the Secretary 
shall implement such strategy. 
(c) REPORTS.—The Secretary shall submit to the Com-
mittees on Armed Services of the Senate and House of Rep-
resentatives a report not less than once each year on the 
progress of the implementation of the strategy until the Sec-
retary determines all objectives of the strategy have been 
achieved. Each such report shall include the following: 
(1) Challenges or barriers to implementation of 
the strategy. 
(2) An assessment of the effectiveness of the em-
bedded health care professionals and support profes-
sionals. 
(3) Improvements to the strategy implemented by 
the Secretary. 
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(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means the 
Army, Navy, Marine Corps, Air Force, or Space 
Force. 
(2) The term ‘‘health care professional’’ includes 
a psychiatrist, psychologist, licensed clinical social 
worker, nurse practitioner, or mental health techni-
cian. 
(3) The term ‘‘high-risk unit’’ means a unit of 
a covered Armed Force that the Secretary of the mili-
tary department concerned determines is exposed to 
high levels of stress, trauma, and operational tempo, 
and is more likely to experience negative health out-
comes. 
(4) The term ‘‘support professional’’ means 
trained a professional in a field that immediately 
supports force resilience, such as a chaplain, nutri-
tionist, or financial counselor. 
SEC. 743. STUDY ON NON-CLINICAL MENTAL HEALTH SERV-
ICES OF THE DEPARTMENT OF DEFENSE. 
(a) STUDY REQUIRED.—The Secretary of Defense, in 
coordination with the Secretaries of the military depart-
ments, shall conduct a study regarding the following: 
(1) How NCMH programs (including the Mili-
tary and Family Life Counseling Program), are im-
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plemented throughout the Department of Defense, in-
cluding distribution of NCMH professionals. 
(2) The differences in roles and responsibilities 
between NCMH professionals and clinical mental 
health professionals. 
(3) How the effectiveness of NCMH professionals 
and NCMH programs are measured. 
(4) The processes by which NCMH profes-
sionals— 
(A) track services they provide; 
(B) refer and track such referrals to clinical 
mental health professionals, chaplains, and other 
service providers; and 
(C) ease the transition for such a referral to 
ensure a treatment plan continues smoothly. 
(5) The costs to the United States of NCMH pro-
grams of the Department during the calendar years 
2019 through 2023. 
(6) The outcomes of NCMH programs. 
(7) Recommendations for the future of NCMH 
programs. 
(b) REPORT.—Not later than June 1, 2024, the Sec-
retary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port containing the results of the study under this section. 
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(c) NCMH DEFINED.—The term ‘‘NCMH’’ means 
non-clinical mental health. 
SEC. 744. CLINICAL STUDY ON TREATMENT OF CERTAIN 
MEMBERS WITH CERTAIN CONDITIONS USING 
CERTAIN PSYCHEDELIC SUBSTANCES. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary of Defense 
shall carry out a clinical study in military treatment facili-
ties on the treatment of members of the covered Armed 
Forces serving on active duty with a covered condition 
using covered psychedelic substances. 
(b) REPORT REQUIRED.—Not later than one year after 
the date of the enactment of this Act, the Secretary shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a report on the results 
of the clinical study. The report shall include the following: 
(1) The number of members of the covered Armed 
Forces who participated in the clinical study. 
(2) The findings of such clinical study. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means the 
Army, Navy, Marine Corps, Air Force, or Space 
Force. 
(2) The term ‘‘covered condition’’ means any of 
the following: 
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(A) Post-traumatic stress. 
(B) Traumatic brain injury. 
(C) Chronic traumatic encephalopathy. 
(3) The term ‘‘covered psychedelic substances’’ 
means any of the following: 
(A) 
3,4-methylenedioxy-methamphetamine 
(commonly known as ‘‘MDMA’’). 
(B) Psilocybin. 
(C) Ibogaine. 
(D) 
5–Methoxy-N,N-dimethyltryptamine 
(commonly known as ‘‘DMT’’). 
SEC. 745. STUDY ON OPIOID ALTERNATIVES. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall carry out a study in military treatment facilities 
on the efficacy of opioid alternatives for pain management. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the Senate and House 
of Representatives a report on the results of the study under 
this section. Such report shall include recommendations of 
the Secretary regarding the use of opioid alternatives in 
military treatment facilities. 
(c) OPIOID ALTERNATIVE DEFINED.—In this section, 
the term ‘‘opioid alternative’’ includes the following: 
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(1) Cryotherapy. 
(2) Hyperbaric oxygen therapy. 
(3) Sensory deprivation. 
SEC. 746. REPORT ON OVERDOSES BY MEMBERS OF CER-
TAIN ARMED FORCES. 
(a) ANNUAL REPORT ON MILITARY OVERDOSES.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, and annually 
thereafter for four subsequent years, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report on the number of annual 
overdoses among members of the covered Armed 
Forces. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following elements: 
(A) The total number of such members who 
suffered a fatal overdose during the previous cal-
endar year, including— 
(i) demographic information, includ-
ing gender, race, age, military department, 
rank, grade, station, and number of pre-
vious deployments; 
(ii) the location of the fatal overdose, 
including whether the overdose was on a 
military installation; and 
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(iii) a list of the substances involved in 
the fatal overdose. 
(B) Of the members identified under sub-
paragraph (A)— 
(i) the number of members who pre-
viously had a non-fatal overdose; 
(ii) the number of members who re-
ceived mental health or substance use dis-
order services prior to a fatal or non-fatal 
overdose, including a description of whether 
such services were received from a private 
sector provider; 
(iii) the number of members with co- 
morbid mental health diagnoses; 
(iv) the number of members who had 
been prescribed opioids, benzodiazepines, or 
stimulants; 
(v) the number of members who were 
previously prescribed or provided naloxone; 
(vi) the number of members who had a 
positive drug test prior to the fatal overdose, 
including any substance identified in such 
test; 
(vii) the number of members referred, 
including by self-referral, to medical treat-
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ment, including medication treatment for 
opioid use disorder; 
(viii) with respect to each members 
identified in clause (vii), whether the mem-
bers was referred after a positive drug test 
and the source of such referral; 
(ix) of the members identified in clause 
(vii), the number of members who engaged 
in such medical treatment; and 
(x) the number of members who suf-
fered a fatal overdose in which a bystander 
was present. 
(C) The total number of such members who 
suffered a non-fatal overdose during the previous 
calendar year, including— 
(i) demographic information, includ-
ing gender, race, age, military department, 
rank, grade, station, and number of pre-
vious deployments; 
(ii) a list of the substances involved in 
the non-fatal overdose; and 
(iii) a determination of whether the 
non-fatal overdose was intentional. 
(D) Of the members identified in subpara-
graph (C)— 
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(i) the number of members who pre-
viously had a non-fatal overdose; 
(ii) the number of members who re-
ceived mental health or substance use dis-
order services prior to a non-fatal overdose; 
(iii) the number of members with co- 
morbid mental health diagnoses prior to a 
non-fatal overdose; 
(iv) the number of members who had 
been prescribed opioids, benzodiazepines, or 
stimulants prior to a non-fatal overdose; 
(v) the number of members who had a 
positive drug test prior to the fatal overdose, 
including any substance identified in such 
test; 
(vi) the number of members who suf-
fered a non-fatal overdose in which a by-
stander was present; 
(vii) the number of members who had 
been categorized as high risk and prescribed 
or provided naloxone prior to a non-fatal 
overdose; 
(viii) the number of members who suf-
fered 
a 
non-fatal 
overdose 
in 
which 
naloxone was administered; 
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(ix) the number of members referred to 
medical treatment, including medication 
treatment for opioid use disorder, following 
a non-fatal overdose; 
(x) of the members identified in clause 
(ix), the number of members who engaged in 
such medical treatment; 
(xi) the number of members referred, 
including by self-referral, to medical treat-
ment, including medication treatment for 
opioid use disorder; 
(xii) with respect to each members 
identified in clause (xi), whether the mem-
bers was referred after a positive drug test 
and the source of such referral; 
(xiii) of the members identified in 
clause (xi), the number of members who en-
gaged in such medical treatment; and 
(xiv) 
the 
number 
of 
intentional 
overdoses. 
(E) An analysis of discernable patterns in 
fatal and non-fatal overdoses of such members, 
and existing or anticipated responses to such 
patterns by the Secretary of Defense. 
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(F) A description of existing or anticipated 
response efforts to fatal and non-fatal overdoses 
at military bases that have rates of fatal 
overdoses that exceed the average rate of fatal 
overdoses in the United States. 
(G) The number of such members who are 
in recovery or currently taking a prescription 
medication for opioid use disorder. 
(H) The number of military family mem-
bers of such members who receive substance use 
disorder treatment at a medical facility of the 
Department of Defense. 
(I) An assessment of the availability of sub-
stance use disorder treatment for such members 
who— 
(i) transferred military bases; or 
(ii) returned to the United States fol-
lowing an overseas tour. 
(J) The number of medical facilities of, or 
affiliated with, the Department of Defense that 
have opioid treatment programs. 
(K) A description of punitive measures 
taken by the Secretary of Defense in response to 
substance misuse, substance use disorder, or over-
dose by such members. 
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(L) The number of military family members 
who live on a military base who suffered a fatal 
or non-fatal overdose during the previous cal-
endar year, including— 
(i) demographic information, includ-
ing gender, race, age, and relationship to a 
members; 
(ii) the location of the overdose; 
(iii) a list of the substances involved in 
the overdose; and 
(iv) a determination of whether the 
overdose was intentional. 
(3) REPORTING
ON
FEWER
THAN
FIVE
MEM-
BERS.—If the number of such members or military 
family members identified under any subparagraph 
of paragraph (2) is fewer than five, the Secretary of 
Defense shall for, such subparagraph— 
(A) not report the exact number of such 
members or military family members identified; 
and 
(B) report that fewer than five such mem-
bers or military family members were identified. 
(4) PRIVACY.—Nothing in this section shall be 
construed to authorize the disclosure by the Secretary 
of Defense of personally identifiable information of 
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•HR 2670 RH1S 
such members or military family members, including 
anonymized personal information that could be used 
to re-identify such members or military family mem-
bers. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; and 
(C) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) The term ‘‘covered Armed Force’’ means the 
Army, Navy, Marine Corps, Air Force, or Space 
Force. 
(3) The term ‘‘military family member’’ means 
a family member of a member of a covered Armed 
Force, including a spouse, parent, dependent, child, or 
guardian of a child of such a member. 
SEC. 747. FEASIBILITY REPORT REGARDING DHA EMPLOY-
MENT OF CERTAIN MENTAL HEALTH PRO-
VIDERS AWAITING LICENSURE. 
(a) REPORT REQUIRED.—Not later than September 
30, 2024, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and House of Rep-
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resentatives a report on the feasibility of revising policies 
of DHA regarding the supervision of covered mental health 
employees in order to align with the policies set forth in 
VHA Directive 1027 of the Veterans Health Administration 
(dated October 23, 2019). In determining such feasibility, 
the Secretary shall consider issues including the following: 
(1) The need to employ covered mental health 
employees in DHA. 
(2) The capacity of licensed mental health profes-
sionals employed in DHA to supervise covered mental 
health employees. 
(3) The effects of such alignment on access by 
members of the Armed Forces to mental health care. 
(4) The potential risks and costs to the United 
States of such alignment. 
(5) Any statutory or regulatory changes nec-
essary for such alignment. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered mental health employee’’ 
means an individual— 
(A) employed by the Defense Health Agency 
as a psychologist, social worker, professional 
mental health counselor, or marriage and family 
therapist; and 
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(B) who has yet to be licensed in such pro-
fession by a State. 
(2) The term ‘‘DHA’’ means the Defense Health 
Agency. 
(3) The term ‘‘State’’ has the meaning given such 
term in section 901 of title 32, United States Code. 
SEC. 748. STUDY ON HEALTH CARE AVAILABLE TO INDIVID-
UALS SUPPORTING THE MISSIONS OF UNITED 
STATES FORCES, JAPAN, AND JOINT REGION 
MARIANAS. 
(a) STUDY
REQUIRED.—The Commander, United 
States Indo-Pacific Command, shall conduct a study to de-
termine whether health care services available to covered in-
dividuals is sufficient to support— 
(1) the missions of United States Forces, Japan, 
and Joint Region Marianas; and 
(2) the National Defense Strategy. 
(b) ELEMENTS.—The study under this section shall in-
clude the following elements: 
(1) With regards to health care services furnished 
through the military health system to covered individ-
uals, an assessment of— 
(A) the sufficiency of such services; and 
(B) challenges to such services. 
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(2) A assessment of the availability of health 
care services to covered individuals, including— 
(A) the sufficiency of such services; and 
(B) challenges to such services. 
(3) A mission risk assessment for United States 
Forces, Japan, and Joint Region Marianas if health 
care services furnished through the military health 
system were available in the following scenarios: 
(A) To members, civilian employees of the 
Department of Defense, and dependents of such 
members and employees, only. 
(B) To covered individuals on a space- 
available basis, pursuant to the policy memo-
randum of the Defense Health Agency dated 
March 1, 2023. 
(C) To all covered individuals. 
(4) A mission cost analysis based on the risk as-
sessment under paragraph (3). 
(5) Recommendations of the Commander regard-
ing the assessment under paragraph (3) and the anal-
ysis under paragraph (4), including a recommenda-
tion regarding which scenario in paragraph (3) best 
supports the National Defense Strategy for the areas 
of responsibility of United States Forces, Japan, and 
Joint Region Marianas. 
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(c) BRIEFINGS; REPORT.—The Commander, in coordi-
nation with the Assistant Secretary of Defense for Health 
Affairs, shall submit to the Committees on Armed Services 
of the Senate and House of Representatives— 
(1) an interim briefing on the study not later 
than 60 days after the date of the enactment of this 
Act; 
(2) a final briefing not later than one year after 
the date of the enactment of this Act; and 
(3) a final report not later than one year after 
the date of the enactment of this Act, including rec-
ommendations regarding legislation or funding to im-
prove care services furnished through the military 
health system to covered individuals. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered individual’’ means an in-
dividual who supports the mission of United States 
Forces, Japan, or Joint Region Marianas, includ-
ing— 
(A) a member of the Armed Forces; 
(B) an employee of the Federal Government; 
(C) a dependent of a member described in 
subparagraph (B) or an employee described in 
subparagraph (C); or 
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(D) an employee of an entity that has en-
tered into an agreement with the United States. 
(2) The term ‘‘health care services’’ includes such 
health care services furnished— 
(A) through the military health system; and 
(B) by a source not described in subpara-
graph (A). 
SEC. 749. UNITED STATES-ISRAEL PTSD COLLABORATIVE 
RESEARCH. 
(a) GRANT PROGRAM FOR INCREASED COOPERATION 
ON POST-TRAUMATIC STRESS DISORDER RESEARCH BE-
TWEEN UNITED STATES AND ISRAEL.— 
(1) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the Secretary of Defense, acting through 
the Psychological Health and Traumatic Brain In-
jury Research Program, should seek to explore sci-
entific collaboration between American academic in-
stitutions and nonprofit research entities, and Israeli 
institutions with expertise in researching, diagnosing, 
and treating post-traumatic stress disorder. 
(2) GRANT PROGRAM.—The Secretary of Defense, 
in coordination with the Secretary of Veterans Affairs 
and the Secretary of State, shall award grants to eli-
gible entities to carry out collaborative research be-
tween the United States and Israel with respect to 
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post-traumatic stress disorders. The Secretary of De-
fense shall carry out the grant program under this 
subsection in accordance with the agreement titled 
‘‘Agreement Between the Government of the United 
States of America and the Government of Israel on 
the United States-Israel Binational Science Founda-
tion’’, dated September 27, 1972. 
(3) ELIGIBLE ENTITIES.—To be eligible to re-
ceive a grant under this subsection, an entity shall be 
an academic institution or a nonprofit entity located 
in the United States. 
(4) AWARD.—The Secretary shall award grants 
under this subsection to eligible entities that— 
(A) carry out a research project that— 
(i) addresses a requirement in the area 
of post-traumatic stress disorders that the 
Secretary determines appropriate to re-
search using such grant; and 
(ii) is conducted by the eligible entity 
and an entity in Israel under a joint re-
search agreement; and 
(B) meet such other criteria that the Sec-
retary may establish. 
(5) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
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submit an application to the Secretary at such time, 
in such manner, and containing such commitments 
and information as the Secretary may require. 
(6) GIFT AUTHORITY.—The Secretary may ac-
cept, hold, and administer, any gift of money made 
on the condition that the gift be used for the purpose 
of the grant program under this subsection. Such gifts 
of money accepted under this paragraph shall be de-
posited in the Treasury in the Department of Defense 
General Gift Fund and shall be available, subject to 
appropriation, without fiscal year limitation. 
(7) REPORTS.—Not later than 180 days after the 
date on which an eligible entity completes a research 
project using a grant under this subsection, the Sec-
retary shall submit to Congress a report that con-
tains— 
(A) a description of how the eligible entity 
used the grant; and 
(B) an evaluation of the level of success of 
the research project. 
(b) TERMINATION.—The authority to award grants 
under subsection (a) shall terminate on the date that is 
seven years after the date on which the first such grant is 
awarded. 
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SEC. 750. FEASIBILITY STUDY ON CREATION OF CENTERS 
OF EXCELLENCE IN UKRAINE FOR TREAT-
MENT OF TRAUMATIC BRAIN INJURIES AND 
TRAUMATIC EXTREMITY INJURIES. 
The Secretary of Defense shall conduct a feasibility 
study to— 
(1) determine whether opportunities exist for the 
head of the center of excellence established under sec-
tion 723 of the Duncan Hunter National Defense Au-
thorization Act for Fiscal Year 2009 (38 U.S.C. 7327 
note) to collaborate with an appropriate counterpart 
from the Government of Ukraine to establish a center 
of excellence of Ukraine for the treatment of traumatic 
extremity injury in Ukraine with the purpose of pro-
viding for the mitigation, treatment, and rehabilita-
tion of traumatic extremity injuries and amputations 
experienced in Ukraine as a result of Russian aggres-
sion; and 
(2) determine whether opportunities exist for the 
head of the center of excellence established under sec-
tion 1621 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
453; 10 U.S.C. 1071 note) to collaborate with an ap-
propriate counterpart from the Government of 
Ukraine to establish a center of excellence of Ukraine 
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for the treatment of traumatic brain injury in 
Ukraine with the purpose of— 
(A) improving the lives of individuals af-
fected by traumatic brain injury experienced in 
Ukraine as a result of Russian aggression and 
improving the lives of the family members of any 
such individual; and 
(B) collaborating with such individuals, 
such family members, referring providers, and 
relevant researchers to provide to such individ-
uals, to the extent possible— 
(i) a point of entry into the health care 
system; 
(ii) a clear path through diagnosis, 
treatment, and reintegration, with respect 
to traumatic brain injury; and 
(iii) consistent access to high quality 
treatment, research, and education, with re-
spect to traumatic brain injury. 
SEC. 751. TESTOSTERONE LEVELS AMONG MEMBERS OF 
SPECIAL FORCES OF THE ARMY: STUDY; RE-
PORT. 
(a) STUDY.—The Under Secretary of Defense for Per-
sonnel and Readiness shall conduct a five-year study, begin-
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ning in fiscal year 2024, with respect to the following ele-
ments: 
(1) Whether members of special forces of the 
Army at entry to the qualification course have higher 
levels of testosterone than the average male civilian 
for that age group. 
(2) The effects of special forces training and de-
ployments on levels of testosterone of such members. 
(3) The quality of testing for decreased testos-
terone levels among such members, and whether test-
ing should be conducted at later times of the day to 
more accurately reflect testosterone levels. 
(4) Assistance offered to prevent and treat de-
creasing testosterone levels among such members. 
(5) The impacts of decreased testosterone levels 
on readiness of such members. 
(6) The impacts of decreased testosterone levels 
on the long-term health of such members. 
(7) Anything the Under Secretary determines 
appropriate. 
(b) REPORTS.— 
(1) INTERIM REPORT.—Not later than one year 
after the date of the enactment of this Act, the Under 
Secretary shall submit to the congressional defense 
committees an interim report on the study under sub-
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section (a), including recommendations of the Under 
Secretary regarding— 
(A) the appropriateness of conducting a 
pilot program to provide testosterone replace-
ment therapy to such members; and 
(B) providing natural remedies to such 
members to prevent testosterone loss, including 
personalized meal plans, exercise plans, sleep 
recommendations, and actions to improve bone 
density and red blood count. 
(2) FINAL
REPORT.—Not later than one year 
after completing the study under subsection (a), the 
Under Secretary shall submit to the congressional de-
fense committees a final report regarding such study. 
(3) FORM.—A report under this subsection shall 
be submitted in an unclassified form, but may include 
a classified annex. 
SEC. 752. GAO REPORT ON TRICARE PAYMENTS TO BEHAV-
IORAL HEALTH PROFESSIONALS. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Committees 
on Armed Services of the House of Representatives and the 
Senate the results of a study on TRICARE payments to 
TRICARE network behavioral professionals. 
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(b) ELEMENTS.—The study shall include a comprehen-
sive analysis of the following elements: 
(1) The timeliness of such payments. 
(2) The accuracy of such payments. 
(3) The extent to which contractors comply with 
section 6.2.1 of the TRICARE Operations Manual. 
(4) Areas of improvement that would enhance 
and improve the administrative process of such pay-
ments. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. COMMERCIAL NATURE DETERMINATION MEMO 
AVAILABLE TO CONTRACTOR. 
Section 3456(b)(2) of title 10, United States Code, is 
amended by adding at the end the following: ‘‘Upon the re-
quest of the contractor offering the product or service for 
which such determination is summarized in such memo-
randum, the contracting officer shall provide to such con-
tractor a copy of such memorandum.’’. 
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SEC. 802. PROHIBITION ON THE TRANSFER OF CERTAIN 
DATA ON EMPLOYEES OF THE DEPARTMENT 
OF DEFENSE TO THIRD PARTIES. 
(a) IN GENERAL.—Chapter 363 of title 10, United 
States Code, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 4662. Prohibition on the transfer of certain data on 
employees of the Department of Defense to 
third parties 
‘‘(a) IN GENERAL.—Each contract entered into by the 
Department of Defense on or after the date of the enactment 
of this section shall include a provision prohibiting the con-
tractor and each subcontractor under such contract from 
selling, licensing, or otherwise transferring covered individ-
ually identifiable Department employee data to any indi-
vidual or entity other than the Federal Government, except 
to the extent required to perform under such contract or 
a subcontract under such contract. 
‘‘(b) WAIVER.—The Secretary of Defense may waive 
subsection (a) with respect to a sale, licensing, or other 
transfer of covered individually identifiable Department 
employee data if the Secretary determines that such waiver 
is appropriate. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COVERED INDIVIDUALLY IDENTIFIABLE DE-
PARTMENT EMPLOYEE DATA.—The term ‘covered indi-
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vidually identifiable Department employee data’ 
means individually identifiable Department employee 
data obtained by— 
‘‘(A) a contractor pursuant to the perform-
ance of a contract described in subsection (a) by 
such contractor; or 
‘‘(B) a subcontractor pursuant to the per-
formance of a subcontract under such a contract 
by such subcontractor. 
‘‘(2) INDIVIDUALLY IDENTIFIABLE DEPARTMENT 
EMPLOYEE
DATA.—The term ‘individually identifi-
able Department employee data’ means information 
related to an employee of the Department of Defense, 
including a member of the armed forces, that— 
‘‘(A) identifies such employee; or 
‘‘(B) which may be used to infer, by either 
direct or indirect means, the identity of such an 
employee to whom the information applies.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 363 of title 10, United States Code, is amended by 
adding at the end the following new item: 
‘‘4662. Prohibition on the transfer of certain data on employees of the Department 
of Defense to third parties.’’. 
(c) REPORT ON COUNTERING IDENTIFYING INFORMA-
TION SPREAD.— 
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(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense com-
mittees a report on the strategy of the Department of 
Defense to counter the proliferation of individually 
identifiable active duty member information on com-
mercially available datasets. 
(2) INDIVIDUALLY
IDENTIFIABLE
ACTIVE
DUTY 
MEMBER INFORMATION.—In this subsection, the term 
‘‘individually identifiable active duty member infor-
mation’’ means individually identifiable information 
related to a member of the Armed Forces serving on 
active duty that— 
(A) identifies such member; or 
(B) which may be used to infer, by either 
direct or indirect means, the identity of such a 
member to whom the information applies. 
SEC. 803. PRINCIPAL TECHNOLOGY TRANSITION ADVISOR. 
(a) DESIGNATION.—Not later than one year after the 
date of the enactment of this Act, each Secretary of a mili-
tary department shall designate a Principal Transition Ad-
visor who shall advise the Secretary on the transition of 
technologies, including technologies from science and tech-
nology programs of the Department, private commercial en-
tities, research institutions, and universities, to fulfill iden-
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tified and potential warfighter requirements for the mili-
tary department. 
(b) DIRECT REPORT.—The Principal Transition Ad-
visor of a military department designated under subsection 
(a) shall directly report to the Secretary of such military 
department. 
(c) RESPONSIBILITIES.—The Principal Transition 
Advisor of a military department designated under sub-
section (a) shall do the following: 
(1) Identify technologies being researched, devel-
oped, tested, or evaluated by science and technology 
programs of the Department, including Defense re-
search facilities (as defined in section 4125(b) of title 
10, United States Code), that the military department 
may use to meet identified and potential warfighter 
requirements. 
(2) Consult with Department of Defense innova-
tion programs to identify technologies from private 
commercial entities, research institutions, univer-
sities, and other entities to identify technologies that 
the military department may use to meet identified 
and potential warfighter requirements. 
(3) Make recommendations to the Secretary of 
the military department regarding the acquisition of 
technologies identified under paragraphs (1) and (2), 
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including recommendations on the programs of the 
military department under which the military de-
partment should make the acquisitions. 
(4) Inform program managers (as defined in sec-
tion 1737 of title 10, United States Code) and other 
relevant acquisition officials of the military depart-
ment of relevant technologies identified under para-
graphs (1) and (2). 
(5) Develop and maintain metrics tracking the 
outcomes of projects and other activities of the mili-
tary department for which the military department 
expended amounts designated as budget activity 6 
(RDT&E management support) as that budget activ-
ity classification is set forth in volume 2B, chapter 5 
of the Department of Defense Financial Management 
Regulation (DOD 7000.14-R). 
(d) CONGRESSIONAL REPORT.—Not later than one 
year after the designation of the Principal Transition Advi-
sor of a military department under subsection (a), and an-
nually thereafter, the Principal Transition Advisor of such 
military department shall submit to Congress a report on 
the following for the one-year period preceding the submis-
sion of the report: 
(1) The activities of the Principal Transition 
Advisor. 
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(2) The outcomes of projects and other activities 
described in subsection (c)(5), including the metrics 
described in such subsection. 
(e) DEFINITIONS.—In this section: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Defense. 
(2) DEPARTMENT OF DEFENSE INNOVATION PRO-
GRAMS.—The term ‘‘Department of Defense innova-
tion programs’’ means the Defense Innovation Unit of 
the Department of Defense, AFWERX of the Air 
Force, and other programs sponsored by the Depart-
ment of Defense, or any component thereof, with a 
focus on accelerating the adoption of emerging tech-
nologies for mission-relevant applications or innova-
tion. 
(3) MILITARY DEPARTMENT.—The term ‘‘mili-
tary department’’ has the meaning given such term in 
section 101(a) of title 10, United States Code. 
SEC. 804. PILOT PROGRAM ON PAYMENT OF COSTS FOR DE-
NIED GOVERNMENT ACCOUNTABILITY OF-
FICE BID PROTESTS. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense shall carry out a pilot program to determine the 
effectiveness of requiring contractors to reimburse the De-
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partment of Defense for costs incurred in processing covered 
protests. 
(b) DURATION.—The pilot program under subsection 
(a) shall— 
(1) begin on the date that is two years after the 
date of the enactment of this Act; and 
(2) end on the date that is five years after the 
date of the enactment of this Act. 
(c) REPORT.—Not later than 90 days after the date 
on which the pilot program under subsection (a) ends, the 
Secretary shall submit to the Committees on Armed Services 
of the House of Representatives and the Senate a report as-
sessing the feasibility of making permanent such pilot pro-
gram. 
(d) DEFINITIONS.—In this section: 
(1) COVERED PROTEST.—The term ‘‘covered pro-
test’’ means a bid protest that is a final bid protest 
and that was filed during the period beginning on 
October 1, 2025, and ending on September 30, 2028, 
by a party with revenues in excess of $250,000,000 
(based on fiscal year 2023 constant dollars) during 
the fiscal year immediately preceding the fiscal year 
in which such party filed such bid protest. 
(2) FINAL BID PROTEST.—The term ‘‘final bid 
protest’’ means a bid protest that was denied in an 
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opinion issued by the Government Accountability Of-
fice and such denial— 
(A) has not been appealed and is no longer 
appealable because the time for taking an appeal 
has expired; or 
(B) has been appealed and the appeals 
process for which is completed. 
SEC. 805. PILOT PROGRAM FOR PROTOTYPE PROJECTS FOR 
ANYTHING-AS-A-SERVICE. 
(a) IN GENERAL.—Not later than one year after the 
enactment of this Act and subject to the availability of ap-
propriations, the Secretary of Defense or any official des-
ignated by the Secretary of Defense, in coordination with 
each Secretary of a military department, shall establish a 
pilot program to enter into transactions to carry out proto-
type projects for Anything-as-a-Service using competitive 
multisourcing. 
(b) REQUIREMENTS.—Before entering into a trans-
action under this section, the Secretary shall— 
(1) develop criteria that technology-supported ca-
pabilities are delivered as a service must meet in 
order to be included in a prototype project; and 
(2) develop criteria for competitive multisourcing 
applicable to the pilot program established under this 
section. 
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(c) VALUE.—The value of a transaction for a prototype 
project carried out under this section shall not exceed 
$100,000,000. 
(d) TIMING.—The Secretary shall, to the extent prac-
ticable, enter into a transaction for a prototype project 
under this section not earlier than 60 days and not later 
than 100 days after the date on which the Secretary an-
nounces an opportunity to participate in the pilot program 
established under this section. 
(e) 
EXEMPTION.—The 
requirements 
of 
sections 
3204(e)(1) and 3702 of title 10, United States Code, shall 
not apply with respect to a transaction for a prototype 
project under this section if the Secretary of Defense receives 
three or more minimally qualified offers for such trans-
action. 
(f) BRIEFING.—Not later than December 31, 2024, the 
Secretary of Defense shall provide a briefing to the congres-
sional defense committees on the implementation of the pilot 
program. 
(g) REPORT.—Not later than 30 days after each exer-
cise of authority under the pilot program, the Secretary of 
Defense shall submit to Congress a report on such exercise. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘Anything-as-a-Service’’ means 
model under which a technology-supported capability 
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is provided to the Department of Defense as a service 
rather than as a product, including such capabilities 
as software, platforms, and infrastructure. 
(2) The term ‘‘competitive multisourcing’’ means 
a method to fulfill the requirements of a transaction 
for a prototype project entered into under the pilot 
program established under this section to carry out a 
prototype project by awarding such transaction to 
more than one offeror, of which one offeror shall be the 
primary awardee and any other offerors shall be sec-
ondary awardees prepared to take the place of the 
primary awardee under the transaction. 
(i) TERMINATION.— 
(1) PROTOTYPE
PROJECTS.—The authority to 
carry out a prototype project under the pilot program 
shall terminate not more than 24 months after the 
date of commencing such prototype project. 
(2) PILOT
PROGRAM.—The authority to carry 
out the pilot program under this section shall termi-
nate on the date that is three years after the date of 
the enactment of this Act. 
SEC. 806. LOW-METHANE INTENSITY NATURAL GAS PILOT 
PROGRAM. 
(a) IN GENERAL.—The Director of the Defense Logis-
tics Agency, in coordination with the Secretary of each 
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military department (as such term is defined in section 
101(a) of title 10, United States Code), may establish a 
pilot program to demonstrate the feasibility of installations 
of the Department of Defense using certified low-methane 
intensity natural gas, including demonstrating the quan-
tities of such gas that are feasible. 
(b) ACQUISITION OF CERTIFIED LOW-METHANE IN-
TENSITY NATURAL GAS.—In carrying out the pilot pro-
gram, the Director shall select installations of the Depart-
ment for which the natural gas acquired for such installa-
tions shall be certified low-methane intensity natural gas. 
(c) DEPARTMENT INSTALLATIONS.— 
(1) LOCATION.—The Director may select only in-
stallations of the Department that are located within 
the continental United States to participate in the 
pilot program. 
(2) NUMBER.—In carrying out the pilot pro-
gram, the Director shall select not fewer than 5 instal-
lations of the Department to participate in the pilot 
program. 
(d) DURATION.—If the Director establishes the pilot 
program, the Director shall carry out the pilot program 
until the date determined by the Director that is not earlier 
than two years after the date of the enactment of this Act 
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and not later than five years after the date of the enactment 
of this Act. 
(e) DEFINITIONS.—In this section: 
(1) CERTIFIED LOW-METHANE INTENSITY NAT-
URAL GAS.—The term ‘‘certified low-methane inten-
sity natural gas’’ means natural gas produced by fa-
cilities and through processes certified by an inde-
pendent, industry-recognized certifying entity as com-
plying with low-methane intensity standards. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Defense. 
(3) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Defense Logistics Agency. 
(4) LOW-METHANE INTENSITY STANDARDS.—The 
term ‘‘low-methane intensity standards’’ means in-
dustry-recognized standards— 
(A) for verifying, quantifying, and dimin-
ishing the unintentional release of methane dur-
ing the production of natural gas below the aver-
age amount of methane unintentionally released 
during such production; and 
(B) certification of compliance with which 
is commercially available from independent, in-
dustry-recognized certifying entities. 
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(5) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the pilot program established under subsection 
(a). 
SEC. 807. PROHIBITION ON CONTRACTING WITH PERSONS 
THAT HAVE BUSINESS OPERATIONS WITH 
THE GOVERNMENT OF THE RUSSIAN FEDERA-
TION OR THE RUSSIAN ENERGY SECTOR. 
(a) PROHIBITION.—Except as provided under sub-
sections (b), (c), and (d), the Secretary of Defense may not 
enter into a contract for the procurement of goods or services 
with any person that has business operations with— 
(1) an authority of the Government of the Rus-
sian Federation; or 
(2) a fossil fuel company that operates in the 
Russian Federation, except if the fossil fuel company 
transports oil or gas— 
(A) through the Russian Federation for sale 
outside of the Russian Federation; and 
(B) that was extracted from a country other 
than the Russian Federation with respect to the 
energy sector of which the President has not im-
posed sanctions as of the date on which the con-
tract is awarded. 
(b) EXCEPTIONS.— 
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(1) IN GENERAL.—The prohibition under sub-
section (a) does not apply to a contract that the Sec-
retary of Defense and the Secretary of State jointly 
determine— 
(A) is necessary— 
(i) for purposes of providing humani-
tarian assistance to the people of Russia; or 
(ii) for purposes of providing disaster 
relief and other urgent life-saving measures; 
(B) is vital to the military readiness, bas-
ing, or operations of the United States or the 
North Atlantic Treaty Organization; or 
(C) is vital to the national security interests 
of the United States. 
(2) NOTIFICATION
REQUIREMENT.—The Sec-
retary of Defense shall notify the appropriate congres-
sional committees of any contract entered into on the 
basis of an exception provided for under paragraph 
(1). 
(3) OFFICE OF FOREIGN ASSETS CONTROL LI-
CENSES.—The prohibition in subsection (a) shall not 
apply to a person that has a valid license to operate 
in Russia issued by the Office of Foreign Assets Con-
trol of the Department of the Treasury or is otherwise 
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authorized to operate in Russia by the Federal Gov-
ernment notwithstanding the imposition of sanctions. 
(4) AMERICAN
DIPLOMATIC
MISSION
IN
RUS-
SIA.—The prohibition in subsection (a) shall not 
apply to contracts related to the operation and main-
tenance of the United States Government’s consular 
offices and diplomatic posts in Russia. 
(c) APPLICABILITY.—This section shall take effect on 
the date of the enactment of this Act and apply with respect 
to any contract entered into on or after such effective date. 
(d) SUNSET.—This section shall terminate on the date 
on which the President submits to the appropriate congres-
sional committees a certification in writing that contains 
a determination of the President that the Russian Federa-
tion— 
(1) has reached an agreement relating to the 
withdrawal of Russian forces and cessation of mili-
tary hostilities that is accepted by the free and inde-
pendent government of Ukraine; 
(2) poses no immediate military threat of aggres-
sion to any North Atlantic Treaty Organization 
member; and 
(3) recognizes the right of the people of Ukraine 
to independently and freely choose their own govern-
ment. 
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(e) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Oversight and Re-
form, the Committee on Armed Services, and the 
Committee on Foreign Affairs of the House of 
Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Armed Services, and the Committee on Foreign 
Relations of the Senate. 
(2) BUSINESS OPERATIONS.—The term ‘‘business 
operations’’ means engaging in commerce in any 
form, including acquiring, developing, maintaining, 
owning, selling, possessing, leasing, or operating 
equipment, facilities, personnel, products, services, 
personal property, real property, or any other appa-
ratus of business or commerce. 
(3) FOSSIL FUEL COMPANY.—The term ‘‘fossil 
fuel company’’ means a person that— 
(A) carries out oil, gas, or coal exploration, 
development, or production activities; 
(B) processes or refines oil, gas, or coal; or 
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(C) transports, or constructs facilities for 
the transportation of, Russian oil, gas, or coal. 
(4) GOVERNMENT
OF
THE
RUSSIAN
FEDERA-
TION.—The term ‘‘Government of the Russian Federa-
tion’’ includes the government of any political sub-
division of Russia, and any agency or instrumen-
tality of the Government of the Russian Federation. 
For purposes of this paragraph, the term ‘‘agency or 
instrumentality of the Government of the Russian 
Federation’’ means an agency or instrumentality of a 
foreign state as defined in section 1603(b) of title 28, 
United States Code, with each reference in such sec-
tion to ‘‘a foreign state’’ deemed to be a reference to 
‘‘Russia’’. 
(5) PERSON.—The term ‘‘person’’ means— 
(A) a natural person, corporation, com-
pany, business association, partnership, society, 
trust, or any other nongovernmental entity, or-
ganization, or group; 
(B) any governmental entity or instrumen-
tality of a government, including a multilateral 
development institution (as defined in section 
1701(c)(3) of the International Financial Insti-
tutions Act (22 U.S.C. 262r(c)(3))); and 
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(C) any successor, subunit, parent entity, or 
subsidiary of, or any entity under common own-
ership or control with, any entity described in 
subparagraph (A) or (B). 
SEC. 808. ORGANIZATIONAL CONFLICT OF INTERESTS RE-
LATING TO NATIONAL SECURITY AND FOR-
EIGN POLICY. 
(a) PROHIBITION RELATED CERTAIN CONTRACTS OR 
GRANTS.— 
(1) IN GENERAL.—The Secretary may not after 
the date of the enactment of this Act enter into, 
renew, or extend a contract with, or award a grant 
to, a covered consultancy. 
(2) DISCLOSURE.—Any individual or entity that 
submits an offer or bid for a contract to provide con-
sulting services to the Department of Defense shall 
disclose in such offer or bid any information relevant 
to the individual or entity with respect to the prohibi-
tion under paragraph (1), including— 
(A) whether the individual or entity has en-
tered into a contract with, or received grants or 
other financial awards from a covered entity in 
the five years prior to submitting the offer or 
bid; and 
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(B) at the time the contract to provide con-
sulting services to the Department will be entered 
into, whether— 
(i) any contract entered into by the in-
dividual or entity with a covered entity will 
still be in effect; and 
(ii) the individual or entity will be re-
ceiving funds from, or have any unobligated 
or unexpended funds received under, any 
grant or other financial award from a cov-
ered entity. 
(3) PENALTIES.— 
(A) IN GENERAL.—If the Secretary deter-
mines that a contractor of the Department failed 
to make the disclosure required by paragraph 
(2), the Secretary shall— 
(i) terminate the applicable contract 
for cause; and 
(ii) initiate a suspension and debar-
ment proceeding with respect to the con-
tractor. 
(B) MAXIMUM LENGTH OF DEBARMENT.— 
The maximum length of a debarment of a con-
tractor under this paragraph shall be a period of 
5 years. 
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(b) CERTIFICATION.— 
(1) IN GENERAL.—After a determination by the 
Secretary that a company is a covered consultancy, 
such company may submit to the Secretary a written 
and signed certification that— 
(A) the consultancy no longer is— 
(i) performing under a contract with a 
covered entity; 
(ii) carrying out activities under a 
grant received from a covered entity; or 
(iii) receiving funds, or have any un-
obligated or unexpended funds received, 
from a covered entity; and 
(B) will not receive or pursue a contract 
with a covered entity or a grant or other finan-
cial award from a covered entity— 
(i) during the term of a contract with 
the Department of Defense; or 
(ii) while receiving funds from the De-
partment of Defense, or obligating or ex-
pending any such funds. 
(2) STATUS CHANGE.—Upon the approval by the 
Secretary of a certification submitted under para-
graph (1), a company is deemed to not be a covered 
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•HR 2670 RH1S 
consultancy until the expiration of the certification 
under paragraph (3). 
(3) EXPIRATION.—A certification submitted by a 
company under paragraph (1) shall expire on the 
earlier of the date on which the company, after sub-
mitting such certification enters into, extends, renews, 
or performs under a contract with a covered entity for 
consulting services. 
(c) GUIDANCE.—The Secretary, in consultation with 
the Secretary of Commerce, the Secretary of Homeland Se-
curity, the Secretary of the Treasury, the Director of Na-
tional Intelligence, the Attorney General, the Secretary of 
State, and the heads of such other Executive agencies (as 
such term is defined in section 105 of title 5, United States 
Code) as determined appropriate by the Secretary, shall 
issue procurement policies for the Department of Defense 
as follows: 
(1) Policies to implement the prohibition under 
subsection (a)(1). 
(2) Best practices to avoid becoming covered 
consultancies under this section and for covered 
consultancies to end their status as such. 
(3) A policy containing the exact provisions and 
terms relating to the requirements of paragraphs (2) 
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and (3) of subsection (a) to be included in solicita-
tions, contracts, and grants of the Department. 
(d) REVISION OF DEPARTMENT OF DEFENSE ACQUISI-
TION REGULATION.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall revise the 
acquisition regulations of the Department of Defense to im-
plement this section. 
(e) DEFINITIONS.—In this section: 
(1) CONSULTING
SERVICES.—The term ‘‘con-
sulting services’’ has the meaning given the term ‘‘ad-
visory and assistance services’’ in section 2.101 of the 
Federal Acquisition Regulation, except that— 
(A) the term does not include the services 
described in paragraph (3) of such section; and 
(B) each instance of the term ‘‘Federal’’ is 
replaced with ‘‘client’’. 
(2) COVERED CONSULTANCY.—The term ‘‘covered 
consultancy’’ means a company that, itself or any 
subsidiary or affiliate thereof, in immediately pre-
ceding one year period entered into, extended, re-
newed, or performed under a contract with a covered 
entity for consulting services. 
(3) COVERED ENTITY.—The term ‘‘covered enti-
ty’’ means any of the following: 
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(A) The Government of the People’s Repub-
lic of China. 
(B) The Chinese Communist Party. 
(C) The People’s Liberation Army, the Min-
istry of State Security, or other security service 
or intelligence agency of the People’s Republic of 
China. 
(D) Any entity on the Non-SDN Chinese 
Military-Industrial Complex Companies List 
(NS–CMIC–List) maintained by the Office of 
Foreign Assets Control of the Department of the 
Treasury under Executive Order 14032 (86 Fed. 
Reg. 30145; relating to addressing the threat 
from securities investments that finance certain 
companies of the People’s Republic of China), or 
any successor order. 
(E) Any Chinese military company identi-
fied by the Secretary of Defense pursuant to sec-
tion 1237(b) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 
(Public Law 105–261; 50 U.S.C. 1701 note). 
(F) Any Chinese state-owned entity or other 
entity under the ownership, or control, directly 
or indirectly, of the Government of the People’s 
Republic of China or the Chinese Communist 
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Party that is engaged in one or more national 
security industries. 
(G) The Government of the Russian Federa-
tion, any Russian state-owned entity, or any en-
tity sanctioned by the Secretary of the Treasury 
under Executive Order 13662 titled ‘‘Blocking 
Property of Additional Persons Contributing to 
the Situation in Ukraine’’(79 Fed. Reg. 16169). 
(H) The government or any state-owned en-
tity of any country if the Secretary of State de-
termines that such government has repeatedly 
provided support for acts of international ter-
rorism pursuant to— 
(i) section 1754(c)(1)(A) of the Export 
Control Reform Act of 2018 (50 U.S.C. 
4318(c)(1)(A)); 
(ii) section 620A of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2371); 
(iii) section 40 of the Arms Export 
Control Act (22 U.S.C. 2780); or 
(iv) any other provision of law. 
(I) Any entity included on any of the fol-
lowing lists maintained by the Department of 
Commerce— 
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(i) the Entity List set forth in Supple-
ment No. 4 to part 744 of the Export Ad-
ministration Regulations; 
(ii) the Denied Persons List as de-
scribed in section 764.3(a)(2) of the Export 
Administration Regulations; and 
(iii) the Unverified List set forth in 
Supplement No. 6 to part 744 of the Export 
Administration Regulations. 
(J) The Military End User List set forth in 
Supplement No. 7 to part 744 of the Export Ad-
ministration Regulations. 
(4) EXPORT
ADMINISTRATION
REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means the regulations set forth in subchapter C of 
chapter VII of title 15, Code of Federal Regulations. 
(5) NATIONAL SECURITY INDUSTRY.—The term 
‘‘national security industry’’ means— 
(A) a military-related industry; 
(B) semiconductor production; 
(C) researching or commercializing quan-
tum computing; 
(D) producing products or services that use 
artificial intelligence; 
(E) the biotechnology industry; 
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(F) the cybersecurity industry; or 
(G) the mining, processing, or refining of 
critical minerals (as such term is defined in sec-
tion 7002(a) of the Energy Act of 2020 (30 
U.S.C. 1606(a))) for use by a covered entity. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 822. MODIFICATION TO TRUTHFUL COST OR PRICING 
DATA SUBMISSIONS AND REPORT. 
Section 3705(b)(2)(B) of title 10, United States Code, 
is amended— 
(1) in the second sentence, by inserting ‘‘and 
shall identify such offerors that incur a delay greater 
than 200 days in submitting such cost or pricing 
data’’ after ‘‘should-cost analysis’’; and 
(2) by amending the third sentence to read as 
follows: ‘‘The Secretary of Defense shall include a 
public notation on such offerors in the system used by 
the Federal Government to monitor or record con-
tractor integrity and performance.’’. 
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SEC. 823. COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES. 
(a) COMPETITION REQUIREMENTS FOR PURCHASES 
FROM FEDERAL PRISON INDUSTRIES.—Section 3905 of 
title 10, United States Code, is amended by striking sub-
sections (a) and (b) and inserting the following new sec-
tions: 
‘‘(a) MARKET RESEARCH.—Before purchasing a prod-
uct listed in the latest edition of the Federal Prison Indus-
tries catalog published under section 4124(d) of title 18, the 
Secretary of Defense shall conduct market research to deter-
mine whether such product— 
‘‘(1) is comparable to products available from the 
private sector; and 
‘‘(2) best meets the needs of the Department of 
Defense in terms of price, quality, and time of deliv-
ery. 
‘‘(b) COMPETITION REQUIREMENT.—If the Secretary 
determines that a Federal Prison Industries product is not 
comparable to products available from the private sector 
and does not best meet the needs of the Department of De-
fense in terms of price, quality, or time of delivery, the Sec-
retary shall use competitive procedures or make an indi-
vidual purchase under a multiple award contract for the 
procurement of the product. In conducting such a competi-
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tion or making such a purchase, the Secretary shall con-
sider a timely offer from Federal Prison Industries.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on February 1, 2024. 
SEC. 824. MODIFICATION OF APPROVAL AUTHORITY FOR 
HIGH DOLLAR OTHER TRANSACTIONS FOR 
PROTOTYPES. 
Section 4022 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a)(2)(C)(i)(I), by inserting 
after ‘‘subsection (d)’’ the following: ‘‘were met for the 
prior transaction for the prototype project that pro-
vided for the award of the follow-on production con-
tract or transaction, and the requirements of sub-
section (f)’’; and 
(2) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(3) The requirements of this subsection do not 
apply to follow-on production contracts or trans-
actions under subsection (f).’’. 
SEC. 825. CLARIFICATION OF AUTHORITY OF THE DEPART-
MENT OF DEFENSE TO CARRY OUT CERTAIN 
PROTOTYPE PROJECTS. 
Section 4022(i) of title 10, United States Code, is 
amended— 
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(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) AUTHORITY.—The authority of this sub-
section may be exercised to conduct prototype projects 
using— 
‘‘(A) funds available for research, develop-
ment, test and evaluation; 
‘‘(B) appropriations for operation and 
maintenance; or 
‘‘(C) appropriations for military construc-
tion.’’; 
(3) in paragraph (3), as so redesignated, by in-
serting ‘‘using appropriations for military construc-
tion’’ after ‘‘carrying out prototype projects’’; and 
(4) in subparagraph (4)(A), as so redesignated, 
by inserting ‘‘using appropriations for military con-
struction’’ after ‘‘prototype projects’’. 
SEC. 826. ACQUISITION OF SENSITIVE MATERIAL PROHIBI-
TION EXCEPTION AMENDMENT. 
Section 4872(c) of title 10, United States Code, is 
amended— 
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(1) in the matter preceding paragraph (1), by 
striking ‘‘Subsection (a)’’ and inserting ‘‘Subsection 
(a)(1)’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘Defense determines that 
covered materials’’ and inserting the following: 
‘‘Defense— 
‘‘(A) identifies a specific end item for which 
a specific covered material’’; 
(B) by striking the period at the end and 
inserting a semicolon; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(B) determines that no production capac-
ity for such specific covered material exists and 
is available outside of the covered nations; and 
‘‘(C) waives subsection (a)(1) for such spe-
cific end item and such specific covered material 
for a period not exceeding 36 months.’’. 
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SEC. 827. MODIFICATION TO ACQUISITION AUTHORITY OF 
THE SENIOR OFFICIAL WITH PRINCIPAL RE-
SPONSIBILITY 
FOR 
ARTIFICIAL 
INTEL-
LIGENCE AND MACHINE LEARNING. 
Section 808 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 (10 
U.S.C. 4001 note) is amended— 
(1) in subsection (d)— 
(A) by striking ‘‘$75,000,000’’ and inserting 
‘‘$125,000,000’’; and 
(B) by striking ‘‘in each of fiscal years 
2021, 2022, 2023, 2024, and 2025’’ and insert-
ing ‘‘in each of fiscal years 2024 through 2029’’; 
and 
(2) in subsection (f), by striking ‘‘October 1, 
2025’’ and inserting ‘‘October 1, 2029’’. 
SEC. 828. AMEND PROHIBITION ON CONTRACTING WITH EN-
TITIES OPERATING CERTAIN UNMANNED AIR-
CRAFT SYSTEMS. 
Section 848 of the National Defense Authorization Act 
for Fiscal Year 2020 (10 U.S.C. 4871 note), as amended 
by section 817 of the James M. Inhofe National Defense Au-
thorization Act for Fiscal Year 2023 (Public Law 117-263; 
136 Stat. 2707), is further amended in subsection (b) by 
striking ‘‘in the performance of a Department of Defense 
contract’’. 
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SEC. 829. AVOIDANCE OF USE OF LOWEST PRICE TECH-
NICALLY ACCEPTABLE SOURCE SELECTION 
PROCESS FOR CERTAIN LOGISTICS SERVICES. 
Section 813(c) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 
3241 note prec.) is amended— 
(1) in paragraph (2), by striking ‘‘or’’ and the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(4) fuel and fuel-related services, if such services 
are, or reasonably could be, owned or provided by an 
entity owned or controlled, directly or indirectly, by 
the government of any adversary listed in the 2022 
National Defense Strategy.’’. 
SEC. 830. MODIFICATION AND EXTENSION OF TEMPORARY 
AUTHORITY TO MODIFY CERTAIN CONTRACTS 
AND OPTIONS BASED ON THE IMPACTS OF IN-
FLATION. 
Section 1 of Public Law 85–804 (50 U.S.C. 1431) is 
amended— 
(1) in subsection (b), by adding at the end the 
following new sentence: ‘‘If any such amounts are so 
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specifically provided, the Secretary may use them for 
such purposes.’’; and 
(2) in subsection (e), by striking ‘‘December 31, 
2023’’ and inserting ‘‘December 31, 2024’’. 
SEC. 831. MODIFICATION OF CONTRACTS AND OPTIONS TO 
PROVIDE ECONOMIC PRICE ADJUSTMENTS. 
(a) AUTHORITY.—Amounts authorized to be appro-
priated by this Act for the Department of Defense may be 
used to modify the terms and conditions of a contract or 
option, without consideration, to provide an economic price 
adjustment consistent with sections 16.203–1 and 16.203– 
2 of the Federal Acquisition Regulation during the relevant 
period of performance for that contract or option and as 
specified in section 16.203–3 of the Federal Acquisition 
Regulation, subject to the availability of appropriations. 
(b) GUIDANCE.—Not later than 30 days after the date 
of the enactment of this Act, the Under Secretary of Defense 
for Acquisition and Sustainment shall issue guidance im-
plementing the authority under this section. 
SEC. 833. PILOT PROGRAM ON THE USE OF ACQUISITION 
AUTHORITY 
FOR 
OFFICE 
OF 
NAVAL 
RE-
SEARCH TO AID IN TECHNOLOGY TRANSI-
TION. 
(a) AUTHORITY.—The Secretary of the Navy shall dele-
gate to the Chief of Naval Research acquisition authority 
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to enter into contracts or other agreements for the commer-
cialization of a prototype of the Department of the Navy. 
(b) AMOUNT.—A single contract or other agreement en-
tered into under this section may not exceed $10,000,000. 
(c) APPLICATION.—An applicant desiring a contract 
or other agreement under this section submit an application 
to the Secretary of the Navy at such time, in such manner, 
and containing such information as the Secretary may re-
quire. 
(d) BRIEFING.—Not later than December 31, 2024, the 
Chief of Naval Research shall provide to the congressional 
defense committees a briefing on the exercise of the author-
ity under this section and any related policy or implemen-
tation issues. 
(e) REPORT.—Each time the Chief of Naval Research 
exercises the authority under this section, the Chief shall 
submit to the congressional defense committees a notifica-
tion on such exercise. 
(f) TERMINATION.—The Chief of Naval Research may 
not exercise the authority under this section and may not 
enter into any new contracts or other agreements under this 
section on or after the date that is five years after the date 
of the enactment of this Act. The performance on any con-
tract or other agreement entered into before such date may 
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continue according to the terms of such contract or other 
agreement. 
SEC. 832. PROHIBITION ON COMPUTERS OR PRINTERS AC-
QUISITIONS INVOLVING ENTITIES OWNED OR 
CONTROLLED BY CHINA. 
(a) IN GENERAL.—The Secretary of Defense may not 
acquire any computer or printer if the manufacturer, bid-
der, or offeror is a covered Chinese entity. 
(b) APPLICABILITY.—This section shall apply only 
with respect to contracts or other agreements entered into, 
renewed, or extended after the date of the enactment of this 
Act. 
(c) DEFINITIONS.—In this section: 
(1) COVERED CHINESE ENTITY.—The term ‘‘cov-
ered Chinese entity’’ means an entity that the Sec-
retary of Defense, in consultation with the Director of 
the National Intelligence or the Director of the Fed-
eral Bureau of Investigation, determines to be an en-
tity owned, controlled, directed, or subcontracted by, 
affiliated with, or otherwise connected to, the govern-
ment of the People’s Republic of China. 
(2) MANUFACTURER.—The term ‘‘manufacturer’’ 
means— 
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(A) the entity that transforms raw mate-
rials, miscellaneous parts, or components into 
the end item; 
(B) any entity that subcontracts with the 
entity described in subparagraph (A) for the en-
tity described in such subparagraph to transform 
raw materials, miscellaneous parts, or compo-
nents into the end item; 
(C) any entity that otherwise directs the en-
tity described in subparagraph (A) to transform 
raw materials, miscellaneous parts, or compo-
nents into the end item; or 
(D) any parent company, subsidiary, or af-
filiate of the entity described in subparagraph 
(A). 
Subtitle C—Domestic Sourcing 
Requirements 
SEC. 841. REQUIRE FULL DOMESTIC PRODUCTION OF 
FLAGS OF THE UNITED STATES ACQUIRED BY 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 4862 of title 10, United 
States Code, is amended— 
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(5) A flag of the United States.’’; and 
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(2) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘Sub-
section (a)’’ and inserting ‘‘Except with respect 
to purchases of flags of the United States, sub-
section (a)’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2)(A)(i) Except as provided by subparagraph 
(B), subsection (a) does not apply to purchases of 
flags of the United States for amounts not greater 
than $10,000. 
‘‘(ii) A proposed procurement in an amount 
greater than $10,000 may not be divided into 
several purchases or contracts for lesser amounts 
in order to qualify for the exception under clause 
(i). 
‘‘(B) The Secretary of Defense may waive sub-
section (a) with respect to a purchase of flags of the 
United States in an amount greater than $10,000 if 
the Secretary of Defense determines such waiver ap-
propriate. 
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‘‘(C) This section is applicable to contracts and 
subcontracts for the procurement of flags of the United 
States notwithstanding section 1905 of title 41.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply only with respect to agreements en-
tered into on or after the date of the enactment of this Act. 
SEC. 842. INCLUSION OF TITANIUM POWDER IN DEFINITION 
OF SPECIALTY METALS EXEMPTED FROM 
CERTAIN 
DOMESTIC 
SOURCING 
REQUIRE-
MENTS. 
Section 4863(l)(3) of title 10, United States Code, is 
amended by inserting ‘‘, titanium powder,’’ after ‘‘tita-
nium’’. 
SEC. 843. AMEND REQUIREMENT TO BUY CERTAIN METALS 
FROM AMERICAN SOURCES. 
Section 4863 of title 10, United States Code, as amend-
ed by section 842, is further amended— 
(1) in subsection (d)— 
(A) in paragraph (1)(B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
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‘‘(3) any specialty metal procured as mill prod-
uct or incorporated into a component other than an 
end item pursuant to this subsection shall be melted 
or produced— 
‘‘(A) in the United States; 
‘‘(B) in the country from which the mill 
product or component is procured; or 
‘‘(C) in another country covered under sub-
paragraph (1)(B).’’; 
(2) by redesignating subsections (l) and (m) as 
subsections (m) and (n), respectively; and 
(3) by inserting after subsection (k) the following 
new subsection: 
‘‘(l) PROVENANCE OF AEROSPACE-GRADE METALS.— 
(1) The Secretary of Defense shall require that, for any sys-
tem or component for which the provenance of materials 
must be tracked to comply with safety regulations con-
cerning flight, the supplier of such system or component 
shall inform the government if any of the materials were 
known to be manufactured or processed in— 
‘‘(A) China; 
‘‘(B) Iran; 
‘‘(C) North Korea; or 
‘‘(D) Russia. 
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‘‘(2) Not later than March 31 of each year, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report indicating how much specialty metal 
has been acquired and placed into systems of the Depart-
ment of Defense from the countries described in paragraph 
(1).’’. 
SEC. 844. MODIFICATION TO MISCELLANEOUS LIMITATIONS 
ON THE PROCUREMENT OF GOODS OTHER 
THAN UNITED STATES GOODS. 
Section 4864(a)(3) of title 10, United States Code, is 
amended by— 
(1) striking ‘‘large medium-speed diesel engines.’’ 
and inserting ‘‘the following components:’’; and 
(2) adding at the end the following new subpara-
graphs: 
‘‘(A) Large medium-speed diesel engines. 
‘‘(B) Propulsion system components (in-
cluding reduction gears and propellers). 
‘‘(C) Components (including alternators, 
diesel engines, and steam turbines) used to gen-
erate electricity to power the systems of a vessel 
(excluding propulsion systems).’’. 
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SEC. 845. PROCUREMENT OF COVERED HEARING PROTEC-
TION DEVICES. 
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the head of the Hearing Center of Excellence 
(established pursuant to section 721 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110-417)), may enter into one or more con-
tracts to procure covered hearing protection devices for all 
members of the Armed Forces. 
(b) PRIORITIZATION.—Under a contract described in 
subsection (a), the Secretary shall prioritize award of such 
contract to offerors that— 
(1) are globally headquartered in the continental 
United States; 
(2) are majority owned and operated by United 
States citizens. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered hearing protection device’’ 
means a completely in canal active hearing protection 
device— 
(A) that is a commercially available off-the- 
shelf item (as defined in section 104 of title 41, 
United States Code); 
(B) with a minimum noise reduction rating 
of 25 decibels and a maximum output not to ex-
ceed 80 decibels; and 
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(C) that has been previously identified, test-
ed, and qualified by the Hearing Center of Ex-
cellence for procurement by the Department of 
Defense. 
Subtitle D—Provisions Relating to 
Programs for Accelerating Ac-
quisition 
SEC. 851. PILOT PROGRAM FOR RECURRING AWARDS FOR 
PRODUCTION, INVESTMENT, AND DEPLOY-
MENT THROUGH COMPETITIONS. 
(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish a pilot program to acquire through repeated com-
petition attritable systems that solve urgent operational 
needs in order to incentivize sustainable production, rapid 
deployment, and iterative improvements. 
(b) COMPETITIONS.— 
(1) IN
GENERAL.—Under the pilot program, 
competition managers shall, in accordance with this 
subsection, conduct competitions with respect to ur-
gent operational needs under which the competition 
managers shall rapidly solicit, evaluate, and select 
proposed solutions. 
(2) REQUIREMENTS AND DESIGN.— 
(A) STAKEHOLDER
PARTICIPATION.—The 
Secretary shall ensure that each competition con-
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ducted under the pilot program is aligned with 
an operational priority of one or more combat-
ant commands, and that the relevant combatant 
commanders have an opportunity to participate 
in the design of the competition and the evalua-
tion criteria to be used. 
(B) OPERATIONAL NEED DETERMINATION.— 
Competitions conducted under this pilot program 
shall address urgent operational needs as defined 
by the Secretary, in consultation with the Chair-
man of the Joint Chiefs of Staff and, as deter-
mined appropriate by the Secretary, Defense 
Agencies (as defined in section 101(a) of title 10, 
United States Code), the military services, and 
entities in the private sector. 
(C) TIMING.—The Secretary shall ensure 
that each competition is executed to facilitate the 
award of a production contract or agreement not 
later than 15 days after completion of the com-
petition. 
(D) 
COMPETITION
FOCUS.—Competition 
managers shall employ evaluation and selection 
processes that emphasizes effectiveness, trans-
parency, and speed to deploy when conducting 
competitions under the pilot program. 
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(E) TECHNOLOGY LEVEL FOCUS.—Competi-
tions conducted under the pilot program shall 
focus on proposed solutions at technology readi-
ness levels equal to or more advanced than levels 
corresponding to Technology Readiness Level 7 
or Technology Readiness Level 8. 
(F) INAPPLICABILITY
OF
JOINT
CAPABILI-
TIES INTEGRATION AND DEVELOPMENT SYSTEM 
MANUAL.—Competitions conducted under the 
pilot program shall not be subject to the Joint 
Capabilities Integration and Development Sys-
tem Manual. 
(3) SELECTION.—When conducting a competi-
tion under the pilot program, the competition man-
ager shall select the best solution for the relevant ur-
gent operational need. 
(4) REPEATED COMPETITION.— 
(A) IN GENERAL.—Not later than 2 years 
after a competition under the pilot program with 
respect to an urgent operational need, a subse-
quent competition shall be conduct with respect 
to such urgent operational need unless the Sec-
retary determines that a subsequent competition 
with respect to such urgent operational need is 
unwarranted and submits to the relevant com-
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(ii) to identify individual threats or 
groups of threats and, in each case, to track, 
target, and deploy effects options to engage 
those threats; 
(iii) to provide material benefits to the 
Department of Defense, including cost sav-
ings or more effective use of personnel; 
(iv) in the case of a competition seek-
ing to address the urgent operational need 
described in subparagraph (A)(i)— 
(I) to destroy, neutralize, or deter 
low altitude air threats; 
(II) to defend fixed and semi-fixed 
assets; and 
(III) to maneuver forces; and 
(v) in the case of a competition seeking 
to address the urgent operational need de-
scribed in subparagraph (A)(ii)— 
(I) to engage targets at ranges of 
20 to 100 miles; and 
(II) to provide surface-to-surface 
effects launched from and targeted at 
ground-based, sea-based, or littoral lo-
cations. 
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(6) COMPETITION LIMIT.—Not more than 8 com-
petitions per year may be carried out under the pilot 
program. 
(c) AWARDS.— 
(1) IN GENERAL.—The winning offeror of a suc-
cessful competition shall be awarded a contract or 
other agreement, including a transaction other than a 
contract, cooperative agreement, or grant, under 
which the Department of Defense, or relevant compo-
nent thereof, may acquire the proposed solution of 
such winning offeror for such competition. 
(2) DESIGN AND TERMS.—Except as provided in 
this section, a contract or other agreement awarded 
under this subsection shall— 
(A) be designed to enable the proposed solu-
tion to be produced or provided at a scale and 
on a timeline that maximizes the likelihood of 
that the solutions will successfully address the 
urgent operational challenge; 
(B) prioritize speed to award; 
(C) provide for subsequent competitions in 
accordance with this section; and 
(D) limit terms and conditions to those re-
quired by law. 
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(3) MINIMUM AWARD AMOUNT.—Subject to the 
availability of appropriations, the total amount of 
funding provided for an award under this subsection 
shall not be less than $50,000,000, unless the Sec-
retary or the Secretary’s designee approves a lesser 
amount of funding and certifies to the relevant com-
mittees that such lesser amount is sufficient to ad-
dress the relevant urgent operational need and meet 
the general and specific characteristics applicable to 
the competition. 
(4) MULTIPLE AWARDS.—If more than one offer-
or meets the objectives of the competition, more than 
one contract or other agreement may be awarded, as 
determined appropriate by the Secretary. 
(5) AUTHORITIES.—Except as waived under sub-
section (i), a contract or other agreement may be 
awarded under this subsection consistent with the ap-
plicable authorities in sections 4021, 4022, and 4023 
of title 10, United States Code, except that paragraph 
(d)(1) of such section 4022 shall not apply. 
(d) COMPETITION MANAGERS.— 
(1) DESIGNATION.—The Secretary shall des-
ignate a competition manager for each competition 
carried out under the pilot program. 
(2) OVERSIGHT.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall directly 
oversee each competition manager with respect to 
carrying out competitions under the pilot pro-
gram. 
(B) DELEGATION.—The Secretary may dele-
gate the authority for overseeing competition 
managers under subparagraph (A) to the Deputy 
Secretary of Defense. 
(3) DUTIES.— 
(A) PRIMARY
DUTY.—The Secretary shall 
ensure that the primary official duties of each 
competition manager shall be conducting com-
petitions, the resulting contracting actions, and 
any subsequent competitions. 
(B) ADDITIONAL
DUTIES.—The Secretary 
may define additional duties to maximize the 
ability of competition managers to coordinate 
with a military service, Defense Agency (as de-
fined in section 101(a) of title 10, United States 
Code), or combatant command to ensure the 
operational success of the competitions. 
(4) QUALIFICATIONS.— 
(A) EXPERTISE.—The Secretary shall en-
sure that each competition manager has appro-
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priate expertise in the specific focus areas of the 
competition which such competition will be con-
ducting and on the defense acquisition system. 
(B) ELIGIBLE
INDIVIDUALS.—Competition 
managers may be— 
(i) civilian officers or employees in a 
Senior Executive Service, Senior-Level, or 
scientific or professional position; or 
(ii) members of the armed forces in a 
grade at or above O–6. 
(5) AUTHORITIES.— 
(A) The Secretary shall ensure that com-
petition managers have the authorities required, 
including supervisory authority over contracting 
personnel who may be assigned to report to the 
competition managers, to facilitate the award of 
contracts or agreements under subsection (c) to 
the winning offerors of the competitions. 
(B) Except where the authority of the Sec-
retary is explicitly non-delegable by statute, the 
Secretary is authorized to delegate to competition 
managers any authorities required to carry out 
this section, including the waiver authority de-
scribed in subsection (i), provided that the Sec-
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•HR 2670 RH1S 
retary submits to the relevant committees a no-
tice of such delegations in writing. 
(e) FUNDING TRANSFERS.— 
(1) IN GENERAL.—In any fiscal year in which 
the Secretary of Defense conducts competitions under 
the pilot program, the Secretary may use covered 
funds available to the Department of Defense to ac-
quire and deploy the proposed solutions selected pur-
suant to such competitions if the Secretary submits to 
the relevant committees within 10 days a written 
finding that the use of such funds is necessary to ad-
dress in a timely manner the relevant urgent oper-
ational need for such a competition. 
(2) MAXIMUM USE AMOUNT.—The covered funds 
used under the authority provided by this subsection 
may not exceed $200,000,000 in any fiscal year. 
(3) COVERED
FUNDS
DEFINED.—In this sub-
section, the term ‘‘covered funds’’ means— 
(A) with respect to the initial competitions 
required by subsection (b), funds provided for 
short-range air defense and tactical precision 
strike; 
(B) with respect to all other competitions, 
funds provided for the capabilities related to the 
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•HR 2670 RH1S 
urgent operational need or needs associated with 
such competitions; or 
(C) funds available to the Department 
under the authorities and constraints of chapter 
253 of title 10, United States Code. 
(f) BUDGETING.—Subject to the availability of appro-
priations, the Secretary shall ensure that efforts to facilitate 
each competition, to include funding for the award of pro-
duction contracts or agreements upon successful completion 
of a competition, are included in the annual budget request 
submitted under section 1105 of title 31, United States 
Code, during each year of the pilot program and the future- 
years defense program under section 221 of title 10, United 
States Code. 
(g) GUIDANCE REQUIRED.— 
(1) DEADLINE.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall issue 
guidance for the carrying out the pilot program. 
(2) ELEMENTS.—The guidance required by para-
graph (1) shall include the following: 
(A) Metrics for the design, timing, and or-
ganization of competitions under the pilot pro-
gram. 
(B) Opportunities for soliciting and incor-
porating inputs from combatant commanders, 
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Defense Agencies (as defined in section 101(a) of 
title 10, United States Code), military services, 
and private sector entities. 
(C) A process for the general conduct of 
competitions under the pilot program, including 
merit-based selection criteria for selecting the 
most efficient and effective solutions, and proce-
dures to provide as much transparency as prac-
ticable to offerors, government agencies, and the 
public. 
(D) Procedures to minimize the time be-
tween the completion of a competition under the 
pilot program and the award of a production or 
service contract to the winning offeror. 
(E) Procedures to ensure that the goods or 
services from the winning offeror of each com-
petition under the pilot program are acquired 
and fielded as quickly as possible, with a goal of 
awarding a contract or other agreement under 
subsection (c) for the acquisition of such goods or 
services within 15 days. 
(F) Procedures to include funding required 
for the efficient and rapid procurement of the 
goods or services from winning offerors of com-
petitions under the pilot program as part of the 
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annual Program Objective Memorandum and 
budget request process. 
(h) OVERSIGHT.— 
(1) BIANNUAL
BRIEFINGS.—Not later than 
March 1 and September 1 of each year beginning 
after the date of enactment of this Act, and con-
tinuing until September 1, 2029, the Secretary shall 
brief the relevant committees on each competition 
under the pilot program that is planned, underway, 
or completed. 
(2) ELEMENTS.—Each briefing required under 
paragraph (1) shall include the following: 
(A) The guidance issued pursuant to this 
section. 
(B) A description of how the authorities 
have been used, including the metrics used for, 
testing, evaluation, selection, and frequency of 
re-competitions. 
(C) Accomplishments from and challenges to 
using the authorities under section. 
(D) Recommendations for legislative or reg-
ulatory changes to the authority under this sec-
tion to promote efficient and effective acquisition 
of capabilities. 
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(3) UNCLASSIFIED FORMAT.—Each briefing re-
quired by paragraph (1) shall be in an unclassified 
format but may contain classified annexes. 
(i) WAIVER OF ACQUISITION PROVISIONS.—In connec-
tion with exercising the authority of this section, the Sec-
retary may waive the application of any provision of acqui-
sition law or regulation to the same extent as allowed by 
the authority provided in chapter 253 of title 10, United 
States Code. 
(j) CONTINUOUS IMPROVEMENT.—Nothing in this sec-
tion shall preclude an winning offeror from improving the 
quality or quantity of goods or services supplied pursuant 
to a competition, if the winning offeror can do so in compli-
ance with the terms of such contract or other agreement and 
the amount of funding provided. 
(k) DEFINITIONS.—In this section: 
(1) ATTRITABLE SYSTEM.—The term ‘‘attritable 
system’’ means systems, including unmanned systems, 
that are— 
(A) purpose-designed and potentially reus-
able; 
(B) suitable for integration by digital 
means; and 
(C) affordable to allow risk of loss. 
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(2) PILOT PROGRAM.—The term ‘‘pilot program’’ 
means the pilot program established under subsection 
(a). 
(3) RELEVANT
COMMITTEES.—The term ‘‘rel-
evant committees’’ means the Committees on Armed 
Services of the Senate and the House of Representa-
tives and the Subcommittees on Defense of the Com-
mittees on Appropriations of the Senate and the 
House of Representatives. 
(4) RELEVANT URGENT OPERATIONAL NEED.— 
The term ‘‘relevant urgent operational need’’ means, 
with respect to a competition, the urgent operational 
need with respect to which such competition is being 
conducted. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
(6) WINNING OFFEROR.—The term ‘‘winning of-
feror’’ means, with respect to a competition under the 
pilot program, an individual or entity awarded a 
contract or other agreement under subsection (c). 
(l) TERMINATION.—The authority under this section to 
carry out the pilot program shall terminate on December 
31, 2028. 
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SEC. 852. DEMONSTRATION AND PROTOTYPING PROGRAM 
TO ADVANCE INTERNATIONAL PRODUCT SUP-
PORT CAPABILITIES IN A CONTESTED LOGIS-
TICS ENVIRONMENT. 
(a) CONTESTED
LOGISTICS
DEMONSTRATION
AND 
PROTOTYPING PROGRAM REQUIRED.—The Secretary of De-
fense shall establish a contested logistics demonstration and 
prototyping program to identify, develop, demonstrate, and 
field capabilities for product support in order to reduce or 
mitigate the risks associated with operations in a contested 
logistics environment. 
(b) PURPOSE.—In carrying out the Program, the Sec-
retary shall do the following: 
(1) Identify ways to leverage the inherent inter-
operability, commonality, and interchangeability of 
platforms and information systems operated by the 
United States and one or more covered nations, in-
cluding to enable effective maintenance and repair ac-
tivities in a contested logistics environment. 
(2) Determine, develop, or establish best practices 
to reduce time needed to return repaired equipment to 
service. 
(3) Identify, develop, demonstrate, and field ef-
fective and efficient means of conducting repairs of 
equipment in theater away from permanent repair 
facilities. 
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(4) Explore flexible approaches to contracting 
and use of partnership agreements to enable use or 
development of the capabilities of covered product 
support providers to effectively, efficiently, and timely 
satisfy the product support requirements of combat 
command and covered nation in a contested logistics 
environment. 
(5) Identify the resources, including any addi-
tional authorizations, that the Department of Defense 
requires to reduce or mitigate the risks associated 
with operations in a contested logistics environment. 
(6) Identify and document impediments to the 
performance of product support in contested logistical 
environments by covered product support providers, 
including impediments created by statute, regulation, 
policy, agency guidance, or limitations on expendi-
ture, transfer, or receipt of funds for product support 
in contested logistics environments. 
(7) Identify and document any statutory or reg-
ulatory waivers or exemptions that may be applicable 
or necessary to enable the United States and covered 
nations to jointly carry out product support activities 
in contested logistics environments located outside of 
the territory of the United States, including, for each 
such waiver and exemption— 
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(A) the office or individual responsible for 
requesting such waiver or exemption; 
(B) the criteria for approval of such waiver 
or exemption; and 
(C) the individual or entity responsible for 
approving such waiver or exemption. 
(c) ADVANCE PLANNING AND PREPARATION.—The Sec-
retary may establish a product support agreements with a 
covered product support provider to enable a rapid response 
in a contingency operation (as defined in section 101(a) 
of title 10, United States Code) to the product support re-
quirements of such contingency operation. 
(d) AUTHORITIES.—In carrying out the Program, the 
Secretary may, in accordance with section 2753 of title 22, 
United States Code, use the authorities under sections 2342, 
2474, 3601, 4021, and 4022 of title 10, United States Code, 
including the authorities related to use of Other Trans-
action Authorities for prototype projects provided by section 
843 of the James M. Inhofe National Defense Authorization 
Act for Fiscal Year 2023 (Public Law 117-263). 
(e) REPORT.—Not later than 30 months after the date 
of enactment of this Act, the Secretary shall submit to the 
Congress a report summarizing the activities undertaken in 
accordance with this section, including— 
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•HR 2670 RH1S 
(1) any recommendations to reduce impediments 
to meeting the requirements of combatant command 
or covered nation for product support in a contested 
logistics environment; 
(2) a summary of impediments identified under 
subsection (b)(7) and specific recommendations for 
necessary changes to statutory, regulatory, policy, 
agency guidance, or current limitations on expendi-
ture, transfer, or receipt of funds to carry out the 
product support activities under this pilot indefi-
nitely; 
(3) a summary of waivers or exemptions identi-
fied under subsection (b)(8), along with any rec-
ommendations for changes to the processes for obtain-
ing such waivers or exemptions; and 
(4) recommendations for improving the Pro-
gram, including whether to expand the list of covered 
nations. 
(f) DEVELOPMENT AND PROMULGATION OF DEPART-
MENT OF DEFENSE GUIDANCE.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall 
develop and promulgate guidance implementing the Pro-
gram. 
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(g) SUNSET.—The authority under this section shall 
terminate on the date that is 3 years after the date of the 
enactment of this Act. 
(h) DEFINITIONS.—In this section: 
(1) CONTESTED LOGISTICS ENVIRONMENT.—The 
term ‘‘contested logistics environment’’ has the mean-
ing given such term in section 2926 of title 10, 
United States Code. 
(2) COVERED NATIONS.—The term ‘‘covered na-
tion’’ means— 
(A) Australia; 
(B) Canada; 
(C) New Zealand; or 
(D) United Kingdom of Great Britain and 
Northern Ireland. 
(3) COVERED PRODUCT SUPPORT PROVIDER.— 
The term ‘‘covered product support provider’’ means 
an entity that provides product support. 
(4) PRODUCT SUPPORT; PRODUCT SUPPORT IN-
TEGRATOR.—The 
terms 
‘‘product 
support’’ 
and 
‘‘product support integrator’’ have the meanings given 
such terms, respectively, in section 4324 of title 10, 
United States Code. 
(5) PRODUCT
SUPPORT
ARRANGEMENT.—The 
term ‘‘product support arrangement’’ means a con-
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•HR 2670 RH1S 
tract, task order, or any other type of agreement or 
arrangement, between the United States and a cov-
ered nation for the performance of sustainment or lo-
gistics support required for a platform or information 
system operated by the United States and such cov-
ered nation, or a subsystems or components of such a 
platform or information system, including any agree-
ment or arrangement for the following with respect to 
such a platform, information system, subsystem, or 
component: 
(A) Performance-based logistics. 
(B) Sustainment support. 
(C) Contractor logistics support. 
(D) Life-cycle product support. 
(E) Weapon system product support. 
(6) PROGRAM.—The term ‘‘Program’’ means the 
demonstration and prototyping program established 
under subsection (a). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Defense. 
SEC. 853. DEFENSE INDUSTRIAL BASE ADVANCED CAPA-
BILITIES PILOT PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Under Secretary of De-
fense for Acquisition and Sustainment shall carry out 
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a public-private partnership pilot program to accel-
erate the scaling, production, and acquisition of ad-
vanced capabilities for national security by creating 
incentives for investment in domestic small businesses 
or nontraditional businesses to create a robust and re-
silient defense industrial base. 
(2) GOALS.—The goals of the public-private 
partnership pilot program are as follows: 
(A) To bolster the defense industrial base 
through acquisition and deployment of advanced 
capabilities necessary to field Department of De-
fense modernization programs and priorities. 
(B) To strengthen domestic defense supply 
chain resilience and capacity by investing in in-
novative defense companies. 
(C) To leverage private equity capital to ac-
celerate domestic defense scaling, production, and 
manufacturing. 
(b) PUBLIC-PRIVATE PARTNERSHIPS.— 
(1) IN
GENERAL.—In carrying out subsection 
(a), the Under Secretary shall enter into public-pri-
vate partnerships, consistent with the phased imple-
mentation provided for in subsection (e), with for- 
profit persons using the criteria set forth in para-
graph (2). 
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(2) CRITERIA.—The criteria referred to in para-
graph (1) shall include the following: 
(A) The person shall be independent. 
(B) The person shall be free from foreign 
oversight, control, influence, or beneficial owner-
ship. 
(C) The person shall have commercial pri-
vate equity fund experience in the defense and 
commercial sectors. 
(D) The person shall be eligible for access to 
classified information (as defined in the proce-
dures established pursuant to section 801(a) of 
the National Security Act of 1947 (50 U.S.C. 
3161(a))). 
(3) OPERATING AGREEMENT.—The Under Sec-
retary and a person or persons with whom the Under 
Secretary enters a partnership under paragraph (1) 
shall enter into an operating agreement that sets forth 
the roles, responsibilities, authorities, reporting re-
quirements, and governance framework for the part-
nership and its operations. 
(c) INVESTMENT OF EQUITY.— 
(1) IN
GENERAL.—Pursuant to public-private 
partnerships entered into under subsection (b), a per-
son or persons with whom the Under Secretary has 
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entered into a partnership shall invest equity in do-
mestic small businesses or nontraditional businesses 
consistent with subsection (a), with investments se-
lected based on technical merit, economic value, and 
the Department’s modernization priorities. 
(2) AUTHORITIES.—A person or persons de-
scribed in paragraph (1) shall have sole authority to 
operate, manage, and invest. 
(d) LOAN GUARANTEE.— 
(1) IN
GENERAL.—The Under Secretary shall 
provide an up to 80 percent loan guarantee, pursuant 
to the public-private partnerships entered into under 
subsection (b), with investment of equity that qualifies 
under subsection (c) and consistent with the goals set 
forth under subsection (a)(2). 
(2) PILOT
PROGRAM
AUTHORITY.—The tem-
porary loan guarantee authority described under 
paragraph (1) is exclusively for the public-private 
partnerships authorized under this section and may 
not be utilized for other programs or purposes. 
(3) SUBJECT TO OPERATING AGREEMENT.—The 
loan guarantee under paragraph (1) shall be subject 
to the operating agreement entered into under sub-
section (b)(3). 
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(4) USE OF FUNDS.—Obligations incurred by the 
Under Secretary under this paragraph shall be sub-
ject to the availability of funds provided in advance 
specifically for the purpose of such loan guarantees. 
(e) PHASED IMPLEMENTATION SCHEDULE AND RE-
QUIRED REPORTS AND BRIEFINGS.—The program estab-
lished under subsection (a) shall be carried out in two 
phases as follows: 
(1) PHASE 1.— 
(A) IN GENERAL.—Phase 1 shall consist of 
an initial pilot program with one public-private 
partnership, consistent with subsection (b), to as-
sess the feasibility and advisability of expanding 
the scope of the program. The Under Secretary 
shall begin implementation of phase 1 not later 
than 180 days after the date of the enactment of 
this Act. 
(B) 
IMPLEMENTATION
SCHEDULE
AND 
FRAMEWORK.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary 
shall submit an implementation plan to the con-
gressional defense committees on the design of 
phase 1. The plan shall include— 
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(i) an overview of, and the activities 
undertaken, to execute the public-private 
partnership; 
(ii) a description of the advanced ca-
pabilities and defense industrial base areas 
under consideration for investment; and 
(iii) implementation milestones and 
metrics. 
(C) REPORT
AND
BRIEFING
REQUIRED.— 
Not later than 27 months after the date of the 
enactment of this Act, the Secretary shall provide 
to the congressional defense committees a report 
and briefing on the implementation of this sec-
tion and the feasibility and advisability of ex-
panding the scope of the pilot program. The re-
port and briefing shall include, at minimum— 
(i) an overview of program perform-
ance, and implementation and execution 
milestones and outcomes; 
(ii) an overview of progress in— 
(I) achieving new products in 
production aligned with Department of 
Defense needs; 
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(II) scaling businesses aligned to 
targeted industrial base and capability 
areas; 
(III) generating defense industrial 
base job growth; 
(IV) increasing supply chain re-
silience and capacity; and 
(V) enhancing competition on ad-
vanced capability programs; and 
(iii) an accounting of activities under-
taken and outline of the opportunities and 
benefits of expanding the scope of the pilot 
program. 
(2) PHASE 2.— 
(A) IN
GENERAL.—Not later than 30 
months after the date of the enactment of this 
Act, the Secretary may expand the scope of the 
phase 1 pilot program with the ability to in-
crease to not more than three public-private 
partnerships, consistent with subsection (b). 
(B) REPORT AND BRIEFING REQUIRED.— 
Not later than five years after the date of the en-
actment of this Act, the Secretary shall provide 
to the congressional defense committees a report 
and briefing on the outcomes of the pilot pro-
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•HR 2670 RH1S 
gram under subsection (a), including the ele-
ments described in paragraph (1)(C), and the 
feasibility and advisability of making the pro-
gram permanent. 
(f) TERMINATION.—The authority to enter into an 
agreement to carry out the pilot program under subsection 
(a) shall terminate on the date that is five years after the 
date of the enactment of this Act. 
(g) DEFINITIONS.—In this section: 
(1) CONGRESSIONAL
DEFENSE
COMMITTEES.— 
The term ‘‘congressional defense committees’’ has the 
meaning given the term in section 101(a)(16) of title 
10, United States Code. 
(2) DOMESTIC BUSINESS.—The term ‘‘domestic 
business’’ has the meaning given the term ‘‘U.S. busi-
ness’’ in section 800.252 of title 31, Code of Federal 
Regulations, or successor regulation. 
(3) DOMESTIC SMALL BUSINESSES OR NONTRADI-
TIONAL
BUSINESSES.—The term ‘‘domestic small 
businesses or nontraditional businesses’’ means— 
(A) a small business that is a domestic 
business; or 
(B) a nontraditional business that is a do-
mestic business. 
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(4) FREE FROM FOREIGN OVERSIGHT, CONTROL, 
INFLUENCE, OR BENEFICIAL OWNERSHIP.—The term 
‘‘free from foreign oversight, control, influence, or ben-
eficial ownership’’, with respect to a person, means a 
person who has not raised and managed capital from 
a person or entity that is not trusted and who is oth-
erwise free from foreign oversight, control, influence, 
or beneficial ownership. 
(5) INDEPENDENT.—The term ‘‘independent’’, 
with respect to a person, means a person who lacks 
a conflict of interest accomplished by not having enti-
ty or manager affiliation or ownership with an exist-
ing fund. 
(6) 
NONTRADITIONAL
BUSINESS.—The 
term 
‘‘nontraditional business’’ has the meaning given the 
term ‘‘nontraditional defense contractor’’ in section 
3014 of title 10, United States Code. 
(7) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the meaning given the term ‘‘small business 
concern’’ in section 3 of the Small Business Act (15 
U.S.C. 632). 
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Subtitle E—Industrial Base Matters 
SEC. 861. ADDITIONAL NATIONAL SECURITY OBJECTIVES 
FOR THE NATIONAL TECHNOLOGY AND IN-
DUSTRIAL BASE. 
Section 4811(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(12) Reducing, to the maximum extent prac-
ticable, the reliance of the Department of Defense on 
services, supplies, or materials from potential adver-
saries.’’. 
SEC. 862. USE OF INDUSTRIAL BASE FUND FOR SUPPORT 
FOR THE WORKFORCE FOR LARGE SURFACE 
COMBATANTS. 
Section 4817(d) of title 10, United States Code, is 
amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(5) to provide support for the recruitment, 
training, and retention of the workforce for large sur-
face combatants.’’. 
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SEC. 863. REDESIGNATION OF INDUSTRIAL BASE FUND AS 
INDUSTRIAL BASE AND OPERATIONAL INFRA-
STRUCTURE FUND; ADDITIONAL USES. 
Section 4817 of title 10, United States Code, is amend-
ed— 
(1) in the section heading, by inserting ‘‘and 
Operational Infrastructure’’ after ‘‘Indus-
trial Base’’; 
(2) in subsection (a), by inserting ‘‘and Oper-
ational Infrastructure’’ after ‘‘Industrial Base’’; 
(3) in subsection (b), by striking ‘‘, acting 
through the Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Policy’’; and 
(4) in subsection (d)— 
(A) in paragraph (4), as amended by sec-
tion 862, by striking ‘‘and’’ at the end; 
(B) in paragraph (5), as added by section 
862, by striking the period at the end and insert-
ing a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(6) to acquire— 
‘‘(A) strategic and critical materials for the 
National Defense Stockpile; and 
‘‘(B) munitions for the armed forces; 
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•HR 2670 RH1S 
‘‘(7) to provide and expedite infrastructure 
projects critical to operational readiness within pri-
ority theaters as determined by the Secretary, con-
sistent with the national defense strategy required 
under section 113(g) of this title; and 
‘‘(8) to acquire and deploy capabilities and pro-
totypes developed under the authorities of section 
3601 of title 10, section 804 of the National Defense 
Authorization Act for Fiscal Year 2016 (10 U.S.C. 
3201 note prec.), and any other alternative acquisi-
tion pathway or mechanism designed to deploy oper-
ational capabilities and operational prototypes for de-
fense purposes within five years.’’. 
SEC. 864. MODIFICATIONS TO THE PROCUREMENT TECH-
NICAL ASSISTANCE COOPERATIVE AGREE-
MENT PROGRAM. 
(a) MODIFICATION TO DEFINITION OF ELIGIBLE ENTI-
TY.—Section 4951(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (C), by striking ‘‘private’’; 
(2) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
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‘‘(D) An institution of higher education, as 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001).’’. 
(b) DEFINITION OF BUSINESS ENTITY.—Section 4951 
of title 10, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(5) BUSINESS ENTITY.—The term ‘business en-
tity’ means a corporation, association, partnership, 
limited liability company, limited liability partner-
ship, consortia, nonprofit organization, or other legal 
entity.’’. 
(c) COOPERATIVE AGREEMENTS.—Section 4954(c) of 
title 10, United States Code, is amended to read as follows: 
‘‘(c) WAIVER.—The Secretary may waive or modify 
the percentages in subsection (b) on a case-by-case basis.’’. 
(d) FUNDING.—Section 4955 of title 10, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(e) FUNDING.—The Secretary of Defense may only 
use amounts appropriated under this chapter for the execu-
tion and administration of this chapter.’’. 
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SEC. 865. MODIFICATION TO PROCUREMENT REQUIRE-
MENTS RELATING TO RARE EARTH ELE-
MENTS AND STRATEGIC AND CRITICAL MATE-
RIALS. 
(a) MODIFICATION REGARDING ADVANCED BATTERIES 
IN DISCLOSURES CONCERNING RARE EARTH ELEMENTS 
AND STRATEGIC AND CRITICAL MATERIALS BY CONTRAC-
TORS OF DEPARTMENT OF DEFENSE.—Section 857 of the 
James M. Inhofe National Defense Authorization Act for 
Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2727; 
10 U.S.C. 4811 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘permanent magnet’’ 
and inserting ‘‘permanent magnet, or an 
advanced battery or advanced battery com-
ponent (as those terms are defined, respec-
tively, in section 40207(a) of the Infrastruc-
ture Investment and Jobs Act (42 U.S.C. 
18741(a))),’’; and 
(ii) by striking ‘‘of the magnet’’ and 
inserting ‘‘of the magnet, the advanced bat-
tery, or the advanced battery component (as 
applicable)’’; and 
(B) in paragraph (2), by amending to read 
as follows: 
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‘‘(2) ELEMENTS.—A disclosure under paragraph 
(1) with respect to a system described in that para-
graph shall include— 
‘‘(A) if the system includes a permanent 
magnet, an identification of the country or coun-
tries in which— 
‘‘(i) any rare earth elements and stra-
tegic and critical materials used in the 
magnet were mined; 
‘‘(ii) such elements and materials were 
refined into oxides; 
‘‘(iii) such elements and materials were 
made into metals and alloys; and 
‘‘(iv) the magnet was sintered or bond-
ed and magnetized; and 
‘‘(B) if the system includes an advanced 
battery or an advanced battery component, an 
identification of the country or countries in 
which— 
‘‘(i) any strategic and critical mate-
rials that are covered minerals used in the 
battery or component were mined; 
‘‘(ii) any strategic and critical mate-
rials that are covered minerals used in the 
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battery or component were refined, proc-
essed, or reprocessed; 
‘‘(iii) any strategic and critical mate-
rials that are covered minerals and that 
were manufactured into the battery or com-
ponent; and 
‘‘(iv) the battery cell, module, and pack 
of the battery or component were manufac-
tured and assembled.’’; and 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘strategic and critical materials’ 
means materials designated as strategic and critical 
under section 3(a) of the Strategic and Critical Mate-
rials Stock Piling Act (50 U.S.C. 98b(a)). 
‘‘(2) The term ‘covered minerals’ means lithium, 
nickel, cobalt, manganese, and graphite.’’. 
(b) TECHNICAL AMENDMENTS.—Subsection (a) of such 
section 857 is further amended— 
(1) in paragraph (3), by striking ‘‘provides the 
system’’ and inserting ‘‘provides the system as de-
scribed in paragraph (1)’’; and 
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•HR 2670 RH1S 
(2) in paragraph (4)(C), by striking ‘‘a senior 
acquisition executive’’ and inserting ‘‘a service acqui-
sition executive’’. 
SEC. 866. SECURING MARITIME DATA FROM CHINA. 
(a) COUNTERING THE SPREAD OF COVERED LOGIS-
TICS SOFTWARE.— 
(1) CONTRACTING PROHIBITION.— 
(A) IN GENERAL.—The Department of De-
fense may not enter into a contract with an enti-
ty that uses covered logistics software. 
(B) APPLICABILITY.—This paragraph shall 
apply with respect to any contract entered into 
on or after the date that is 180 days after the 
enactment of this subsection. 
(2) WAIVER.—The Secretary of Defense may 
waive the provisions of this subsection for a specific 
contract— 
(A) if the Secretary makes a determination 
that such waiver is vital to the national security 
of the United States; and 
(B) submits to Congress a report justifying 
the use of such waiver and the importance of 
such waiver to the national security of the 
United States. 
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•HR 2670 RH1S 
(3) REPORT.—Not later than one year after the 
date of the enactment of this subsection, and annually 
for three subsequent years, the Secretary of Defense 
shall submit to Congress a report on the implementa-
tion of this subsection. 
(b) POLICY WITH RESPECT TO PORTS ACCEPTING 
FEDERAL GRANT MONEY.— 
(1) IN
GENERAL.—Chapter 503 of title 46, 
United States Code, is amended by adding at the end 
the following: 
‘‘§ 50309. Prohibited use 
‘‘(a) IN GENERAL.—A covered port authority may not 
use covered logistics software. 
‘‘(b) GUIDANCE.—The Secretary of Transportation, in 
consultation with the Secretary of Defense, shall publish on 
a website of the Department of Transportation, and update 
regularly, a list of entities subject to the prohibition in sub-
section (a). 
‘‘(c) CONSULTATION.—The Secretary of Transpor-
tation shall consult with the Department of State in car-
rying out this section. 
‘‘(d) WAIVER.—The Secretary of Transportation, in 
consultation with the Secretary of State, may waive the 
provisions of this section for a specific contract— 
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•HR 2670 RH1S 
‘‘(A) if the Secretary of Transportation 
makes a determination that such waiver is vital 
to the national security of the United States; and 
‘‘(B) submits to Congress a report justifying 
the use of such waiver and the importance of 
such waiver to the national security of the 
United States. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COVERED LOGISTICS SOFTWARE.—The term 
‘covered logistics software’ means— 
‘‘(A) the public, open, shared logistics infor-
mation network known as the National Public 
Information Platform for Transportation and 
Logistics by the Ministry of Transport of China 
or any affiliate or successor entity; 
‘‘(B) any other transportation logistics soft-
ware designed to be used by port authorities sub-
ject to the jurisdiction, ownership, direction, or 
control of a foreign adversary; or 
‘‘(C) any other logistics platform or soft-
ware that shares data with a system described in 
subparagraphs (A) or (B). 
‘‘(2) COVERED
PORT
AUTHORITY.—The term 
‘covered port authority’ means a port authority that 
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•HR 2670 RH1S 
receives funding under a program authorized under 
part C of this subtitle.’’ 
(2) APPLICABILITY.—Section 50309 of title 46, 
United States Code, as added by paragraph (1), shall 
apply with respect to any contract entered into on or 
after the date that is 180 days after the enactment of 
this subsection. 
(3) REPORTING.—Not later than one year after 
the date of the enactment of this subsection, and an-
nually for three subsequent years, the Secretary of 
Transportation shall submit to Congress a report on 
the implementation of section 50309 of title 46, 
United States Code, as added by paragraph (1). 
(c) NEGOTIATIONS WITH ALLIES AND PARTNERS.— 
(1) NEGOTIATIONS REQUIRED.—The Secretary of 
State shall seek to enter into negotiations with United 
States ally and partner countries, including those de-
scribed in paragraph (3), if the President determines 
that ports or other entities operating within the juris-
diction of such ally or partner countries are using or 
are considering using covered logistics software. 
(2) ELEMENTS.—As part of the negotiations de-
scribed in paragraph (1), the President shall— 
(A) urge governments of such ally and part-
ner countries to require entities within the juris-
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•HR 2670 RH1S 
diction of such governments to terminate the use 
of covered logistics software; 
(B) describe the threats posed by covered lo-
gistics software to United States military and 
strategic interests and the implications such 
threats may have for the presence of members of 
the Armed Forces of the United States in such 
countries; 
(C) urge governments to use their voice, in-
fluence, and vote to align with the United States 
and to counter attempts by foreign adversaries at 
international standards-setting bodies to adopt 
standards that incorporate covered logistics soft-
ware; and 
(D) attempt to establish, through multilat-
eral entities, bilateral or multilateral negotia-
tions, military cooperation, and other relevant 
engagements or agreements, a prohibition on the 
use of covered logistics software. 
(3) ALLIES
AND
PARTNERS
DESCRIBED.—The 
countries and entities with which the President shall 
conduct negotiations described in this subsection shall 
include— 
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•HR 2670 RH1S 
(A) all countries party to a collective de-
fense treaty or other collective defense arrange-
ment with the United States; 
(B) India; and 
(C) Taiwan. 
(4) REPORT.—Not later than one year after the 
date of the enactment of this subsection, the Secretary 
of State shall submit a report to the appropriate con-
gressional committees describing— 
(A) the efforts made by the United States 
Government as of the date of the submission of 
the report in the negotiations described in this 
subsection; and 
(B) the actions taken by the governments of 
ally and partner countries pursuant to the nego-
tiation priorities described in this subsection. 
(d) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committees on Armed Services, For-
eign Affairs, and Transportation and Infrastruc-
ture of the House of Representatives; and 
(B) The Committees on Armed Services, 
Foreign Relations, and Commerce, Science, and 
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•HR 2670 RH1S 
Transportation, and Armed Services of the Sen-
ate. 
(2) COVERED LOGISTICS SOFTWARE.—The term 
‘‘covered logistics software’’ means— 
(A) the public, open, shared logistics infor-
mation network known as the National Public 
Information Platform for Transportation and 
Logistics by the Ministry of Transport of China 
or any affiliate or successor entity; 
(B) any other transportation logistics soft-
ware designed to be used by port authorities sub-
ject to the jurisdiction, ownership, direction, or 
control of a foreign adversary; or 
(C) any other logistics platform or software 
that shares data with a system described in sub-
paragraphs (A) or (B). 
(3) FOREIGN
ADVERSARY.—The term ‘‘foreign 
adversary’’ means— 
(A) the People’s Republic of China, includ-
ing the Hong Kong and Macau Special Adminis-
trative Regions; 
(B) the Republic of Cuba; 
(C) the Islamic Republic of Iran; 
(D) the Democratic People’s Republic of 
Korea; 
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•HR 2670 RH1S 
(E) the Russian Federation; and 
(F) the Bolivarian Republic of Venezuela 
under the regime of Nicola´s Maduro Moros. 
SEC. 867. PILOT PROGRAM FOR ANALYZING AND CONTIN-
UOUS MONITORING OF KEY SUPPLY CHAINS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense, 
acting through the Under Secretary of Defense for Acquisi-
tion and Sustainment and in coordination with the Com-
mander of the United States Indo-Pacific Command and 
the Secretary of each military department, shall establish 
a pilot program under which a private entity shall— 
(1) monitor the supply chains for the covered 
weapons platforms; and 
(2) analyze the supply chains of the defense in-
dustrial base for potential issues and vulnerabilities 
and opportunities for improvement. 
(b) MONITORING ENTITY.— 
(1) SELECTION.—The Under Secretary of De-
fense for Acquisition and Sustainment shall select a 
private entity to carry out the monitoring and anal-
ysis of supply chains under the pilot program estab-
lished under subsection (a). 
(2) SUPPLY
CHAIN
MONITORING
AND
ANAL-
YSIS.— 
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(A) IN GENERAL.—The monitoring entity 
shall, using the information made available to 
the monitoring entity under subparagraph (B) 
and such other information as may be avail-
able— 
(i) continuously monitor the supply 
chains for covered weapons platforms, in-
cluding each entity involved in such supply 
chain, 
for 
potential 
issues 
and 
vulnerabilities, including issues related to 
the security and capacity of any such sup-
ply chain, and opportunities for improve-
ment; and 
(ii) regularly analyze the supply 
chains of the defense industrial base for po-
tential issues and opportunities for im-
provement. 
(B) AGENCY
COOPERATION.—The Depart-
ment of Defense shall make available to the mon-
itoring entity all information held by the De-
partment or available to the Department from 
contractors providing goods or services to the De-
partment relating to the supply chains of such 
contractors, except that the Department shall not 
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•HR 2670 RH1S 
make available such information as the Sec-
retary of Defense determines appropriate. 
(C) 
SAFEGUARDING
INFORMATION.—The 
Secretary of Defense shall require the monitoring 
entity to take such steps as are reasonably nec-
essary to protect any confidential, proprietary, 
or sensitive information. 
(D) ISSUE REPORTING.— 
(i) IN GENERAL.—The monitoring en-
tity shall report to the Secretary concerned 
issues and vulnerabilities identified pursu-
ant to monitoring under subparagraph 
(A)(i). 
(ii) VALIDATION.—The monitoring en-
tity shall use a process to report issues and 
vulnerabilities identified pursuant to moni-
toring under subparagraph (A)(i) that in-
volves manual validation of such issues and 
vulnerabilities and other activities designed 
to— 
(I) prevent members of the acqui-
sition workforce (as such term is de-
fined in section 101(a) of title 10, 
United States Code) from becoming de-
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•HR 2670 RH1S 
sensitized 
to 
such 
issues 
and 
vulnerabilities; and 
(II) avoid providing an excessive 
or unmanageable number of alerts re-
garding such issues and vulnerabilities. 
(3) QUARTERLY
REPORTS.—Not less than 90 
days after the establishment of the pilot program, and 
every 90 days thereafter, the monitoring entity shall 
submit to the Under Secretary of Defense for Acquisi-
tion and Sustainment a report on the issues, 
vulnerabilities, and opportunities identified by the 
monitoring entity pursuant under the pilot program, 
including— 
(A) a list of the vulnerabilities of the supply 
chains for covered weapons platforms, cat-
egorized by severity; and 
(B) for each vulnerability described in sub-
paragraph (A), a description of such vulner-
ability, whether such vulnerability has been re-
solved, and, if resolved, the time from identifica-
tion to resolution. 
(c) CONGRESSIONAL REPORTS.—Not later than 180 
days after the date of the enactment of this Act, each Sec-
retary concerned shall submit to the congressional defense 
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•HR 2670 RH1S 
committees (as defined in section 101(a) of title 10, United 
States Code) a report containing— 
(1) a list of the vulnerabilities of the supply 
chains for covered weapons platforms identified under 
the pilot program, categorized by severity; 
(2) for each vulnerability described in subpara-
graph (A), a description of such vulnerability, wheth-
er such vulnerability has been resolved, and, if re-
solved, the time from identification to resolution; 
(3) an assessment of any legal authorities that 
are needed to continuously monitor the supply chains 
for all major defense acquisition programs (as such 
term is defined in section 4201 of title 10, United 
States Code) in a manner similar to the monitoring 
of supply chains for covered weapons platforms under 
the pilot program; 
(4) an assessment of the costs avoided by the 
identification of issues and vulnerabilities to supply 
chains under the pilot program prior such issues and 
vulnerabilities affecting the supply chains. 
(d) TERMINATION DATE.—The authority under this 
section shall terminate on the date that is one year after 
the date of the enactment of this Act. 
(e) DEFINITIONS.—In this section: 
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