HR 2670 RDS
this section, including the compliance of the Secretary 
with the requirements of subsection (b). 
(d) SUNSET.—The authority under this section shall 
terminate on the date that is five years after the date of 
the enactment of this Act. 
SEC. 218. NEXT GENERATION AIR DOMINANCE FAMILY OF 
SYSTEMS 
DEVELOPMENT 
PROGRAM 
AC-
COUNTABILITY MATRICES. 
(a) SUBMITTAL OF MATRICES.—Concurrent with the 
President’s annual budget request submitted to Congress 
under section 1105 of title 31, United States Code, for 
fiscal year 2025— 
(1) the Secretary of the Air Force shall submit 
to the congressional defense committees and the 
Comptroller General of the United States the mat-
rices described in subsection (b) relating to the Next 
Generation Air Dominance piloted fighter aircraft 
and the autonomous, uncrewed Collaborative Com-
bat Aircraft programs of the Air Force; and 
(2) the Secretary of the Navy shall submit to 
the congressional defense committees and the Comp-
troller General of the United States the matrices de-
scribed in subsection (b) relating to the Next Gen-
eration Air Dominance piloted fighter aircraft and 
the autonomous, uncrewed Collaborative Combat 
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Aircraft programs of the Navy and the Marine 
Corps. 
(b) MATRICES DESCRIBED.—The matrices described 
in this subsection are the following: 
(1) ENGINEERING
MANUFACTURING
AND
DE-
VELOPMENT GOALS.—A matrix that identifies, in six 
month increments, key milestones, development and 
testing events, and specific performance goals for 
the engineering manufacturing and development 
phase (referred to in this section as the ‘‘EMD 
phase’’) of the programs described in subsection (a), 
and which shall be subdivided, at a minimum, ac-
cording to the following: 
(A) Technology readiness levels of major 
components and subsystems and key dem-
onstration and testing events. 
(B) Design maturity. 
(C) Software maturity. 
(D) Subsystem and system-level integra-
tion maturity. 
(E) Manufacturing readiness levels for 
critical manufacturing operations and key dem-
onstration and testing events. 
(F) Manufacturing operations. 
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(G) System verification, validation, and 
key flight test events. 
(H) Reliability. 
(I) Availability for flight operations. 
(J) Maintainability. 
(2) COST.—A matrix expressing, in six month 
increments, the total cost for the Secretary’s service 
cost position for the EMD phase and low initial rate 
of production lots of the programs described in sub-
section (a) and a matrix expressing the total cost for 
the prime contractor’s estimate for such EMD phase 
and production lots, both of which shall be phased 
over the entire EMD period and subdivided accord-
ing to the costs of the following: 
(A) Air vehicle. 
(B) Propulsion. 
(C) Mission systems. 
(D) Vehicle subsystems. 
(E) Air vehicle software. 
(F) Systems engineering. 
(G) Program management. 
(H) System test and evaluation. 
(I) Support and training systems. 
(J) Contract fee. 
(K) Engineering changes. 
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(L) Direct mission support, including Con-
gressional General Reductions. 
(M) Government testing. 
(N) Ancillary aircraft equipment. 
(O) Initial spares. 
(P) Contractor support. 
(Q) Modifications. 
(c) SEMIANNUAL UPDATE OF MATRICES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which the Secretaries concerned 
submit the matrices required by subsection (a), con-
current with the submittal of each annual budget re-
quest to Congress under section 1105 of title 31, 
United States Code, thereafter, and not later than 
180 days after each such submittal, each Secretary 
concerned shall submit to the congressional defense 
committees and the Comptroller General of the 
United States updates to the matrices described in 
subsection (b). 
(2) ELEMENTS.—Each update submitted under 
paragraph (1) shall detail progress made toward the 
goals identified in the matrix described in subsection 
(b)(1) and provide updated cost estimates as de-
scribed in subsection (b)(2). 
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(3) TREATMENT
OF
INITIAL
MATRICES
AS 
BASELINE.—The initial matrices submitted pursuant 
to subsection (a) shall be treated as the baseline for 
the full EMD phase and low-rate initial production 
of the programs described in subsection (a) for pur-
poses of the updates submitted pursuant to para-
graph (1) of this subsection. 
(d) ASSESSMENT BY COMPTROLLER GENERAL OF 
THE UNITED STATES.—Not later than the date that is 
60 days after the date on which the Comptroller General 
of the United States receives an update to a matrix under 
subsection (c)(1), the Comptroller General shall review the 
sufficiency of such matrix and submit to the congressional 
defense committees an assessment of such matrix, includ-
ing by identifying cost, schedule, or performance trends. 
(e) KEY
PERFORMANCE
PARAMETER
REQUIRE-
MENTS.— 
(1) IN
GENERAL.—Each Secretary concerned 
shall develop key performance parameters (referred 
to in this section as ‘‘cost KPPs)’’ for the threshold 
and objective costs of the programs described in sub-
section (a) under the jurisdiction of such Secretary 
and shall include those values as program perform-
ance requirements in any capability development 
document or system requirements document for the 
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program involved. Each cost KPP shall include, for 
each cost category specified in paragraph (2)— 
(A) a threshold value indicating the high-
est acceptable cost for that category, as deter-
mined by the Secretary concerned; and 
(B) an objective value indicating the lowest 
cost expected to be achieved for that category, 
as determined by the Secretary concerned. 
(2) COST
CATEGORIES
SPECIFIED.—The cost 
categories specified in this paragraph are the fol-
lowing: 
(A) Flyaway unit cost. 
(B) Gross/weapon system unit cost. 
(C) Aircraft cost-per-tail-per-year. 
(D) Aircraft cost-per-flight-hour. 
(f) COST LIMITATIONS FOR COLLABORATIVE COM-
BAT AIRCRAFT.— 
(1) CATEGORIZATION OF AIRCRAFT.—Each Sec-
retary concerned shall categorize each Collaborative 
Combat Aircraft to be procured by such Secretary 
into one of following categories: 
(A) EXPENDABLE CCA.—An aircraft shall 
be categorized as ‘‘expendable CCA’’ if it is an 
aerospace vehicle that is designed not to return 
to a basing location after its mission sortie pro-
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file is executed and is characterized as an ac-
ceptable combat loss. 
(B) ATTRITABLE CCA.—An aircraft shall 
be categorized as ‘‘attritable CCA’’ if it is an 
aerospace vehicle that is designed to be used for 
multiple mission sortie profiles but may not re-
turn to a basing location after a mission sortie 
profile is flown and is characterized as an occa-
sional combat loss. 
(C) EXQUISITE CCA.—An aircraft shall be 
categorized as ‘‘exquisite CCA’’ if it is an aero-
space vehicle designed to be used for multiple 
mission sortie profiles and is intended to return 
to a basing location after each sortie profile is 
flown and is not considered an acceptable com-
bat loss. 
(2) COST
LIMITATIONS
BY
CATEGORY.—Each 
Secretary concerned shall ensure that the flyaway 
unit cost (including the cost of any onboard mission 
systems)— 
(A) for an aircraft categorized as expend-
able CCA under paragraph (1)(A), does not ex-
ceed $3,000,000.00; 
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(B) for an aircraft categorized as attritable 
CCA under paragraph (1)(B), does not exceed 
$10,000,000.00; and 
(C) for an aircraft categorized as exquisite 
CCA under paragraph (1)(C), does not exceed 
$25,000,000.00. 
(g) DEFINITIONS.—In this section, the term ‘‘Sec-
retary concerned’’ means— 
(1) the Secretary of the Navy, with respect to 
aircraft programs of the Navy and the Marine 
Corps; and 
(2) the Secretary of the Air Force, with respect 
to aircraft programs of the Air Force. 
SEC. 219. CONTINUOUS CAPABILITY DEVELOPMENT AND 
DELIVERY PROGRAM FOR F–35 AIRCRAFT. 
(a) DESIGNATION OF MAJOR SUBPROGRAM.—In ac-
cordance with section 4203 of title 10, United States 
Code, the Secretary of Defense shall designate all Block 
4 and Technical Refresh–3 elements of the F–35 aircraft 
acquisition program, collectively, as a single major subpro-
gram of the F–35 aircraft acquisition program. 
(b) PROCUREMENT OF F-35 DEVELOPMENTAL TEST-
ING AIRCRAFT.— 
(1) IN GENERAL.—From the aircraft described 
in paragraph (2), the Program Executive Officer for 
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the F–35 aircraft program shall designate for Lot 
18 production, two F–35A aircraft, two F–35B air-
craft, and two F–35C aircraft to be manufactured 
and delivered in a necessary configuration that 
would adequately support future F–35 develop-
mental testing activities. 
(2) AIRCRAFT
DESCRIBED.—The aircraft de-
scribed in this paragraph are F–35 aircraft author-
ized to be procured using funds made available for 
fiscal year 2024. 
SEC. 220. PROCESS TO ENSURE THE RESPONSIBLE DEVEL-
OPMENT AND USE OF ARTIFICIAL INTEL-
LIGENCE. 
(a) PROCESS REQUIRED.—The Secretary of Defense, 
acting through the Chief Digital and Artificial Intelligence 
Officer, shall develop and implement a process— 
(1) to assess whether an artificial intelligence 
technology used by the Department of Defense is 
functioning responsibly; 
(2) to report and remediate any artificial intel-
ligence technology that is determined not to be func-
tioning responsibly; and 
(3) in a case in which efforts to remediate such 
technology have been unsuccessful, to discontinue 
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the use of the technology until effective remediation 
is achievable. 
(b) ADDITIONAL
REQUIREMENTS.—In developing 
and implementing the process required under subsection 
(a), the Secretary of Defense shall— 
(1) develop clear criteria to determine if an ar-
tificial intelligence technology is functioning respon-
sibly, which shall include consideration of such cri-
teria previously developed by the Department of De-
fense 
and 
the 
identification 
of 
potential 
vulnerabilities in the military systems and infra-
structure of the United States that could be ex-
ploited by adversarial artificial intelligence applica-
tions used by the People’s Republic of China, the 
Russian Federation, and other nefarious actors of 
concern; 
(2) take steps to integrate such process across 
the organizations and elements of the Department of 
Defense, including the combatant commands; and 
(3) provide information on such process to rel-
evant personnel of the Department of Defense in-
cluding— 
(A) personnel responsible for developing 
and deploying artificial intelligence technologies; 
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(B) end users of such technologies, includ-
ing members of the Army, Navy, Air Force, 
Marine Corps, and Space Force who use such 
technologies in military operations; and 
(C) such other personnel as the Secretary 
determines appropriate. 
(c) DEADLINES FOR IMPLEMENTATION.—The Sec-
retary of Defense shall— 
(1) commence the implementation of the proc-
ess required under subsection (a) not later than 120 
days after the date of the enactment of this Act; and 
(2) fully implement such process not later than 
one year after such date of enactment. 
(d) INTERIM BRIEFING.—Not later than 160 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed 
Services of the Senate and the House of Representatives 
a briefing on the progress of the Secretary in developing 
and implementing the process required under subsection 
(a). At a minimum, such briefing shall include an expla-
nation of the criteria developed by the Secretary under 
subsection (b)(1). 
(e) FINAL REPORT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed Serv-
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ices of the Senate and the House of Representatives a re-
port on the progress of the Secretary in developing and 
implementing the process required under subsection (a), 
including the progress of the Secretary with respect to 
each element specified in subsection (b). 
SEC. 221. PILOT PROGRAM TO COMMERCIALIZE PROTO-
TYPES OF THE DEPARTMENT OF THE AIR 
FORCE. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary of the Air 
Force, acting through the Assistant Secretary of the Air 
Force for Acquisition, Technology, and Logistics, shall 
carry out a pilot program to award grants to applicants 
for a project to commercialize a prototype of the Depart-
ment of the Air Force. 
(b) FUNDING.—In carrying out the pilot program 
under this section, the Secretary of the Air Force may 
only expend amounts designated as budget activity 6 
(RDT&E management support) as that budget activity 
classification is set forth in volume 2B, chapter 5 of the 
Department of Defense Financial Management Regulation 
(DOD 7000.14-R). 
(c) AMOUNT.—A single award under this section may 
not exceed $10,000,000. 
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(d) APPLICATION.—An applicant desiring to partici-
pate in the pilot program under this section submit an 
application to the Secretary of the Air Force in such time, 
in such manner, and containing such information as the 
Secretary may require. 
(e) CONSULTATION.—In carrying out the pilot pro-
gram under this section, the Secretary of the Air Force 
may consult with— 
(1) service acquisition executives (as defined in 
section 101 of title 10, United States Code); 
(2) eligible entities that carry out activities pur-
suant to a procurement technical assistance program 
funded under chapter 388 of title 10, United States 
Code; and 
(3) such other individuals and organizations as 
the Secretary determined appropriate. 
(f) BRIEFING.—Not later than December 31, 2024, 
the Assistant Secretary of the Air Force for Acquisition, 
Technology, and Logistics shall provide to the congres-
sional defense committees a briefing on the implementa-
tion of the pilot program under this section and any re-
lated policy issues. 
(g) REPORT.—Each time the Assistant Secretary of 
the Air Force for Acquisition, Technology, and Logistics 
awards a grant under this section, the Assistant Secretary 
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shall submit to the congressional defense committees a no-
tification on such exercise. 
(h) TERMINATION.—The pilot program established 
under this section shall terminate on the date that is five 
years after the date of the enactment of this Act. 
SEC. 222. PILOT PROGRAM ON NEAR-TERM QUANTUM COM-
PUTING APPLICATIONS. 
(a) PILOT PROGRAM.—The Secretary of Defense 
shall carry out a pilot program under which the Secretary, 
in partnership with the entities specified in subsection (b), 
establishes and operates a program that enables organiza-
tions of the Department of Defense, including the Armed 
Forces, to test and evaluate how quantum and quantum- 
hybrid applications may be used— 
(1) to solve technical problems and research 
challenges identified under section 234(e) of the 
John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232; 10 
U.S.C. 4001 note) and such other near-term tech-
nical problems and challenges facing the Department 
and the Armed Forces as the Secretary may iden-
tify; and 
(2) to provide capabilities needed by the De-
partment and the Armed Forces in the near-term. 
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(b) ENTITIES SPECIFIED.—The Secretary of Defense 
shall seek to carry out the pilot program under subsection 
(a) in partnership with— 
(1) a federally funded research and development 
center; and 
(2) one or more private-sector entities with ex-
pertise in quantum computing and quantum infor-
mation science. 
(c) ACTIVITIES.—Under the pilot program, the Sec-
retary of Defense, in partnership with the entities speci-
fied in subsection (b), shall— 
(1) convene a group of experts and organiza-
tions to identify challenges faced by the Department 
of Defense, including the Armed Forces, that have 
the potential to be addressed by quantum and quan-
tum-hybrid applications; 
(2) develop and deploy demonstrations, proofs 
of concept, pilot programs, and other measures to 
address the challenges identified under paragraph 
(1) using quantum and quantum-hybrid applications; 
(3) ensure that any quantum or quantum-hy-
brid application based solutions identified under the 
program are capable of development and deployment 
in 24 months or less; 
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(4) assess and utility of commercial quantum 
and quantum-hybrid applications for meeting the 
near-term needs of warfighters; and 
(5) seek to build and strengthen relationships 
between the Department of Defense and nontradi-
tional defense contractors (as defined in section 
3014 of title 10, United States Code) in the tech-
nology industry that may have unused or underused 
solutions to specific operational challenges of the De-
partment relating to quantum and quantum-hybrid 
applications. 
(d) BRIEFING AND REPORTS.— 
(1) INTERIM BRIEFING.—Not later than March 
1, 2024, the Secretary of Defense shall provide to 
the Committees on Armed Services of the Senate 
and the House of Representatives a briefing that— 
(A) identifies the federally funded research 
and development center and any private-sector 
entities the Secretary has partnered with for 
purposes of carrying out the pilot program 
under subsection (a); and 
(B) describe the plan of the Secretary for 
developing and operating the program. 
(2) ANNUAL REPORT.—On an annual basis dur-
ing each year in which the pilot program under sub-
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section (a) is carried out, the Secretary of Defense 
shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a 
report that includes— 
(A) a description of the problem sets and 
capabilities that were evaluated by organiza-
tions of the Department of Defense under the 
program; 
(B) an explanation of whether and to what 
extent the program resulted in the identification 
of potential solutions based on quantum and 
quantum-hybrid applications; 
(C) any potential barriers to the use of 
quantum and quantum-hybrid applications to 
solve near-term problems for the Department of 
Defense, including the Armed Forces; and 
(D) recommendations regarding how the 
Department of Defense can better leverage and 
deploy quantum and quantum-hybrid applica-
tions to address near-term military applications 
and operational needs. 
(e) DEADLINE
FOR COMMENCEMENT.—The Sec-
retary of Defense shall commence the pilot program under 
this section not later than March 1, 2024. 
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(f) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate on the 
date that is three years after the date of the enactment 
of this Act. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘near-term’’ means a period of 24 
months or less. 
(2) The term ‘‘quantum and quantum-hybrid 
applications’’ means algorithms and applications 
which use quantum mechanics through quantum 
processing units, including— 
(A) quantum-classical hybrid applications 
which are applications that use both quantum 
computing and classical computing hardware 
systems; 
(B) annealing and gate systems; and 
(C) all qubit modalities (including super-
conducting, trap ion, and photonics). 
SEC. 223. PILOT PROGRAM ON ACCESS TO SMALL BUSINESS 
ADVANCED 
TECHNOLOGY 
FOR 
ARMY 
GROUND VEHICLE SYSTEMS. 
(a) PROGRAM REQUIRED.—Beginning not later than 
90 days after the date of the enactment of this Act, the 
Secretary of the Army shall carry out a pilot program 
under which the Secretary seeks to establish an arrange-
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100 
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ment between the U.S. Army Ground Vehicle Systems 
Center and a non-profit research institute operating a con-
tested logistics research center to enhance access to small 
business advanced technology through a Defense Commer-
cial Solutions Opening contract entered into under section 
3458 of title 10, United States Code. 
(b) TERMINATION.—The authority to carry out the 
pilot program under this section shall terminate five years 
after the date of the enactment of this Act. 
SEC. 224. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
GAIN-OF-FUNCTION RESEARCH. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2024 
for the Department of Defense may be obligated or ex-
pended to conduct research for the purpose of enhancing 
the pathogenicity, transmissibility, or host range of a 
microorganism or virus (commonly known as ‘‘gain-of- 
function research’’). 
SEC. 225. LIMITATION ON AVAILABILITY OF FUNDS PEND-
ING DOCUMENTATION ON FUTURE ATTACK 
RECONNAISSANCE AIRCRAFT PROGRAM. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2024, and 
available for the Office of the Secretary of the Army for 
the travel of persons, not more than 70 percent may be 
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101 
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obligated or expended until the date on which the Sec-
retary submits to the congressional defense committees 
the analysis of alternatives document for the Future At-
tack Reconnaissance Aircraft program. 
SEC. 226. F–35 PROPULSION AND THERMAL MANAGEMENT 
MODERNIZATION PROGRAM. 
(a) PROGRAM REQUIREMENTS.— 
(1) ESTABLISHMENT AND VALIDATION OF RE-
QUIREMENTS.—The Secretary of the Air Force (with 
respect to F–35A aircraft of the Air Force) and the 
Secretary of the Navy (with respect to F–35B and 
F–35C aircraft of the Navy and the Marine Corps) 
shall each— 
(A) establish requirements for the propul-
sion, power and cooling, thermal management, 
and electrical power systems of the F–35 air-
craft system that adequately supports the 
planned service-life and all planned mission sys-
tems hardware and software capability up-
grades for such aircraft system; 
(B) validate the requirements; and 
(C) provide the validated requirements to 
the Program Executive Officer for the F–35 
aircraft acquisition program. 
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(2) COST-BENEFIT AND TECHNICAL RISK ANAL-
YSIS.— 
(A) IN GENERAL.—Based on the require-
ments established and validated under para-
graph (1), the Program Executive Officer for 
the F–35 aircraft acquisition program shall 
conduct a complete and comprehensive cost-ben-
efit and technical risk analysis that evaluates 
and determines the upgrades and modernization 
required of the F–35 aircraft system to support 
all of the requirements established under such 
paragraph. 
(B) ELEMENTS.—The cost-benefit and 
technical risk analysis conducted under sub-
paragraph (A) shall assess, at a minimum, the 
cost, risk, modernization, integration activities, 
and acquisition strategy required for the up-
grade and modernization options available for 
the following major subsystems of F–35 air-
craft: 
(i) The aircraft propulsion system and 
gearbox. 
(ii) The power and thermal manage-
ment system. 
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103 
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(iii) The fuel thermal management 
system. 
(iv) The electrical power system. 
(v) The engine ice protection system. 
(vi) Mission systems hardware, avi-
onics, sensors, and weapons. 
(vii) Any additional systems of the F– 
35 aircraft system the Program Executive 
Officer determines to be relevant to sup-
port the planned service-life requirements 
for each variant of such aircraft. 
(C) LIMITATION
ON
COMMENCEMENT.— 
The Program Executive Officer may not com-
mence the analysis required under subpara-
graph (A) until the requirements established 
under paragraph (1) have been provided to the 
Officer. 
(D) INDEPENDENT
COST
ESTIMATE.—In 
developing the cost-benefit analysis under sub-
paragraph (A), the Program Executive Officer 
shall obtain an independent cost estimate from 
an organization within the Department of De-
fense that is not directly associated with the Of-
fice of the Program Executive Officer, the De-
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HR 2670 RDS
partment of the Air Force, or the Department 
of the Navy. 
(E) REPORT.—Following the completion of 
the analysis under subparagraph (A) but not 
later than July 1, 2024, the Program Executive 
Officer shall submit to the congressional de-
fense committees a report on the results of the 
analysis. 
(3) DESIGNATION OF MAJOR SUBPROGRAM.—In 
accordance with section 4203 of title 10, United 
States Code, the Secretary of Defense shall des-
ignate all activities relating to the modernization, 
upgrade, and integration of the major subsystems 
included in the analysis under paragraph (2)(A), col-
lectively, as a single major subprogram of the F–35 
aircraft acquisition program. 
(b) DEFINITION.—In this section, the term ‘‘F–35 
propulsion and thermal management modernization pro-
gram’’ means the program of the Department of Defense 
to modernize the propulsion, power and cooling, thermal 
management, and electrical power systems of the F–35 
aircraft system. 
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SEC. 227. TRANSFER OF DATA AND TECHNOLOGY DEVEL-
OPED UNDER THE MOSAICS PROGRAM. 
(a) TRANSFERS AUTHORIZED.—The Secretary of De-
fense may transfer data and technology developed under 
the MOSAICS program to eligible private sector entities 
to enhance cyber threat detection and protection of critical 
industrial control system assets used for electricity dis-
tribution. 
(b) AGREEMENTS.—In carrying out subsection (a), 
the Secretary of Defense may— 
(1) enter into cooperative research and develop-
ment agreements under section 4026 of title 10, 
United States Code; and 
(2) use such other mechanisms for the transfer 
of technology and data as are authorized by law. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible private sector entity’’ 
means a private sector entity that— 
(A) has functions relevant to the civil elec-
tricity sector; and 
(B) is determined by the Secretary of De-
fense to be eligible to receive data and tech-
nology transferred under subsection (a). 
(2) The term ‘‘MOSAICS program’’ means the 
More Situational Awareness for Industrial Control 
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HR 2670 RDS
Systems Joint Capabilities Technology Demonstra-
tion program of the Department of Defense. 
SEC. 228. LIMITATION ON AVAILABILITY OF FUNDS PEND-
ING REPORT AND CERTIFICATION ON THE 
WARFIGHTER MACHINE INTERFACE OF THE 
ARMY. 
(a) IN GENERAL.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2024 for research, development, test, and evalua-
tion, Army, for the Warfighting Machine Interface pro-
gram, not more than 25 percent may be obligated or ex-
pended until the date on which the report required by the 
Joint Explanatory Statement to accompany the James M. 
Inhofe National Defense Authorization Act for Fiscal Year 
2023 (Public Law 117–263) under the heading ‘‘Informa-
tion on use of commercial software for the warfighter ma-
chine interface of the Army’’ is submitted to the congres-
sional defense committees. 
(b) CERTIFICATION AND COMPLIANCE PLAN.—Not 
later than 60 days after the date of the submittal of the 
report described in subsection (a), the Secretary of the 
Army shall submit to the congressional defense commit-
tees— 
(1) a certification indicating whether or not the 
procurement process for current and future incre-
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HR 2670 RDS
ments of the Warfighter Machine Interface is in 
compliance with the requirements of section 3453 of 
title 10, United States Code; or 
(2) in the event the Secretary of the Army cer-
tifies under paragraph (1) that procurement process 
for the Warfighter Machine Interface is not in com-
pliance with the requirements of section 3453 of title 
10, United States Code, a plan to bring such pro-
curement process into compliance with such section. 
SEC. 229. LIMITATION ON AVAILABILITY OF FUNDS FOR 
FUNDAMENTAL RESEARCH COLLABORATION 
WITH CERTAIN INSTITUTIONS. 
(a) LIMITATION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for any fiscal year 
for the Department of Defense may be provided directly 
or indirectly to an institution of higher education for con-
ducting fundamental research in collaboration with any of 
the following: 
(1) An entity of concern. 
(2) An academic institution of a military, law 
enforcement, intelligence, or security agency of the 
People’s Republic of China, including any institution 
specified in subsection (e) or identified on the list 
published under subsection (g)(1) (as applicable), or 
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HR 2670 RDS
any individual or entity acting for or on behalf of 
such an institution. 
(3) Any component of the defense laboratory 
system in the People’s Republic of China, includ-
ing— 
(A) any Defense Science and Technology 
National Laboratory, Defense Science and 
Technology Key Laboratory, Defense Core Lab-
oratory, or any other laboratory specified in 
subsection (f) or identified on the list published 
under subsection (g)(2) (as applicable); or 
(B) any individual or entity acting for or 
on behalf of such a laboratory. 
(b) WAIVER.—The Secretary of Defense may waive 
the limitation under subsection (a), on a case-by-case 
basis, with respect to a principal investigator at an institu-
tion of higher education, if the Secretary of Defense deter-
mines that such a waiver is in the national security inter-
ests of the United States. 
(c) CERTIFICATIONS OF COMPLIANCE.— 
(1) FUNDING CERTIFICATION.—As a condition 
of receiving funds from the Department of Defense, 
an institution of higher education shall certify to the 
Secretary of Defense that the principal investigator 
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HR 2670 RDS
of the project of the institution that is applying for 
funding from the Department of Defense— 
(A) is not conducting fundamental re-
search in collaboration with an entity described 
in subsection (a) as of the date of the certifi-
cation; and 
(B) will not conduct fundamental research 
in collaboration with such an entity during the 
period for which such funding is received. 
(2) CONTRACT CERTIFICATION.—As a condition 
of maintaining a contract with the Department of 
Defense, an institution of higher education shall— 
(A) using publicly available information, 
perform due diligence on any academic institu-
tion or laboratory the institution is collabo-
rating with, or intends to collaborate with, 
under the contract; and 
(B) certify to the Secretary of Defense 
that the principal investigator of the project of 
the institution to which the contract pertains— 
(i) has not conducted fundamental re-
search in collaboration with an entity de-
scribed in subsection (a) at any time dur-
ing the period in which such contract was 
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110 
HR 2670 RDS
in effect, up to and including the date of 
the certification; and 
(ii) will not conduct fundamental re-
search in collaboration with such an entity 
during any period in which such contract 
is in effect. 
(3) FREQUENCY.—An institution of higher edu-
cation shall— 
(A) submit the certification under para-
graph (1) on an annual basis during each year 
in which the institution receives funds from the 
Department of Defense; and 
(B) submit the certification under para-
graph (2) on an annual basis during each year 
in which a contract is in effect between the in-
stitution and the Department. 
(d) REPORT.— 
(1) IN GENERAL.—On an annual basis, the Sec-
retary of Defense shall submit to the appropriate 
congressional committees a report on the compliance 
of the Department of Defense and institutions of 
higher education with the requirements of this sec-
tion. Each report shall include, for each waiver 
issued under subsection (b) in the period covered by 
the report— 
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HR 2670 RDS
(A) a justification for the waiver; and 
(B) a detailed description of the type and 
extent of any collaboration between an institu-
tion of higher education and an entity described 
in subsection (a) allowed pursuant to the waiv-
er, including identification of the institution 
and entities involved, the type of technology in-
volved, the duration of the collaboration and 
terms and conditions on intellectual property 
assignment, as applicable, under the collabora-
tion agreement. 
(2) FORM; PUBLIC AVAILABILITY.—Each report 
under paragraph (1) shall be submitted in unclassi-
fied form and shall be made available on a publicly 
accessible website of the Department of Defense. 
(e) CHINESE ACADEMIC INSTITUTIONS SPECIFIED.— 
Beginning on the date of the enactment of this Act and 
continuing until the date of the publication of the first 
updated list under subsection (g)(1), the academic institu-
tions referred to in subsection (a)(2) are the following: 
(1) Military academic and research institutions 
of the People’s Republic of China identified by the 
China Aerospace Studies Institute (or successor or-
ganization) of the Department of Air Force on the 
publicly available list titled ‘‘Academic and Research 
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112 
HR 2670 RDS
Institutions of the People’s Republic of China, the 
Communist Party of China, including the CCP Peo-
ple’s Liberation Army and the People’s Armed Po-
lice’’. 
(2) Academic institutions of the Chinese law en-
forcement, including the following: 
(A) People’s Public Security University of 
China. 
(B) Chinese People’s Police University. 
(C) Criminal Investigation University of 
China. 
(D) Railway Police College. 
(E) Nanjing Forest Police College. 
(3) Academic institutions of Chinese intelligence 
and security agencies, including the University of 
International Relations. 
(4) Chinese civilian institutions identified by the 
Department of Defense for engaging in problematic 
activities on the list included in the publication of 
the Department of Defense titled ‘‘Countering Un-
wanted Influence in Department-Funded Research 
at Institutions of Higher Education’’ and dated 
June 30, 2023. 
(5) Any successor to an institution specified in 
paragraphs (1) through (4). 
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HR 2670 RDS
(f) CHINESE
DEFENSE
LABORATORIES
SPECI-
FIED.—Beginning on the date of the enactment of this 
Act and continuing until the date of the publication of the 
first list under subsection (g)(2), the components of the 
defense laboratory system in the People’s Republic of 
China referred to in subsection (a)(3) are the following: 
(1) The laboratories identified by the China 
Aerospace Studies Institute (or successor organiza-
tion) of the Department of Air Force on the publicly 
available list titled ‘‘Academic and Research Institu-
tions of the People’s Republic of China, the Com-
munist Party of China, including the CCP People’s 
Liberation Army and the People’s Armed Police’’. 
(2) Any successor to a laboratory specified in 
paragraph (1). 
(g) ANNUAL UPDATES.—Not later than 180 days 
after the date of the enactment of this Act, and not less 
frequently than annually thereafter, the Secretary of De-
fense, in consultation with the Director of National Intel-
ligence, shall— 
(1) publish an updated list of academic institu-
tions of the People’s Republic of China for purposes 
of subsection (a)(2) which shall include, at a min-
imum, each institution specified in subsection (e) (if 
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HR 2670 RDS
still in operation) or any successor to such an insti-
tution; and 
(2) publish an updated list of entities that com-
prise the defense laboratory system of the People’s 
Republic of China for purposes of subsection (a)(3) 
which shall include, at a minimum, each laboratory 
specified in subsection (f) (if still in operation) or 
any successor to such a laboratory. 
(h) EFFECTIVE DATE.—The limitation under sub-
section (a) shall apply with respect to the first fiscal year 
that begins after the date that is one year after the date 
of the enactment of this Act and to any subsequent fiscal 
year. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘entity of concern’’ has the mean-
ing given that term in section 10114 of the Research 
and Development, Competition, and Innovation Act 
(42 U.S.C. 18912). 
(2) The term ‘‘institution of higher education’’ 
has the meaning given that term in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 1002) 
and includes— 
(A) any department, program, project, fac-
ulty, researcher, or other individual, entity, or 
activity of such institution; and 
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HR 2670 RDS
(B) any branch of such institution within 
or outside the United States. 
(3) The term ‘‘fundamental research’’ means 
basic and applied research in science and engineer-
ing, the results of which are expected to be published 
and shared broadly within the scientific community. 
Such term does not include research that is propri-
etary or classified and subject to access restrictions 
under other provisions of Federal law. 
(4) The term ‘‘collaboration’’ means any level of 
coordinated activity between an institution of higher 
education and an entity described in subsection (a), 
whether direct or indirect, formal or informal, and 
includes— 
(A) sharing of research facilities, re-
sources, or data; 
(B) transfer, sharing, or dissemination of 
technology, information, or any technical know- 
how; 
(C) any financial or in-kind contribution 
intended to produce a research product; 
(D) sponsorship or facilitation of research 
fellowships, visas, or residence permits; 
(E) joint ventures, partnerships, or other 
formalized agreements for the purpose of con-
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HR 2670 RDS
ducting research or sharing resources, data, or 
technology; 
(F) inclusion of researchers as consultants, 
advisors, or members of advisory or review 
boards; and 
(G) such other activities as may be deter-
mined by the Secretary of Defense in consulta-
tion with the Secretary of State and Director of 
National Intelligence. 
(5) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Science, Space, and Tech-
nology of the House of Representatives; and 
(B) the Committee on Armed Services of 
the Senate and the Committee on Commerce, 
Science, and Transportation of the Senate. 
SEC. 230. AUDIT TO IDENTIFY DIVERSION OF DEPARTMENT 
OF 
DEFENSE 
FUNDING 
TO 
CHINA’S 
RE-
SEARCH LABS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Department of De-
fense Office of Inspector General shall conduct a study, 
and submit a report to Congress, regarding the amount 
of Federal funds awarded by the Department of Defense 
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HR 2670 RDS
(whether directly or indirectly) through grants, contracts, 
subgrants, subcontracts, or any other type of agreement 
or collaboration, during the 10-year period immediately 
preceding such date of enactment, that— 
(1) was provided, whether purposely or inad-
vertently, to— 
(A) the People’s Republic of China; 
(B) the Communist Party of China; 
(C) the Wuhan Institute of Virology or any 
other organization administered by the Chinese 
Academy of Sciences; 
(D) EcoHealth Alliance Inc., including any 
subsidiaries and related organizations that are 
directly controlled by EcoHealth Alliance, Inc.; 
or 
(E) any other lab, agency, organization, in-
dividual, or instrumentality that is owned, con-
trolled (directly or indirectly), or overseen (offi-
cially or unofficially) by any of the entities list-
ed in subparagraphs (A) through (D); or 
(2) was used to fund research or experiments 
that could have resulted in the enhancement of any 
coronavirus, influenza, Nipah, Ebola, or other patho-
gen of pandemic potential or chimeric versions of 
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118 
HR 2670 RDS
such a virus or pathogen in the People’s Republic of 
China or any other foreign country. 
(b) IDENTIFICATION
OF COUNTRIES
AND PATHO-
GENS.—The report required under subsection (a) shall 
specify— 
(1) the countries in which the research or ex-
periments described in subsection (a)(2) was con-
ducted; and 
(2) the pathogens involved in such research or 
experiments. 
Subtitle C—Energetics and Other 
Munitions Matters 
SEC. 241. ESTABLISHMENT OF JOINT ENERGETICS TRANSI-
TION OFFICE. 
(a) ESTABLISHMENT.—Subchapter I of chapter 301 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 4015. Joint Energetics Transition Office 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish a Joint Energetics Transition Office (re-
ferred to in this section as the ‘Office’) within the Office 
of the Secretary of Defense. The Office shall carry out 
the activities described in subsection (c) and shall have 
such other responsibilities relating to energetics as the 
Secretary may specify. The Joint Program Executive Offi-
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HR 2670 RDS
cer for Armaments and Ammunition, as the Single Man-
ager for Conventional Ammunition designated by the Sec-
retary of the Army, shall act as executive agent for con-
ventional energetics development and shall report directly 
to the head of the Office on matters relating to energetics 
for conventional ammunition. 
‘‘(b) HEAD OF OFFICE.—The Secretary of Defense 
shall designate an individual to serve as the head of the 
Office. The head of the Office shall report directly to the 
Deputy Secretary of Defense without intervening author-
ity. 
‘‘(c) RESPONSIBILITIES.—The Office shall do the fol-
lowing: 
‘‘(1) Manage the development of energetics sys-
tems, which shall include— 
‘‘(A) establishing a dedicated program 
under budget activity 3 (advanced technology 
development) or budget activity 4 (advanced 
component development and prototypes) (as 
such budget activity classifications are set forth 
in volume 2B, chapter 5 of the Department of 
Defense Financial Management Regulation 
(DOD 7000.14-R))— 
‘‘(i) 
to 
mature, 
prototype, 
dem-
onstrate, and test novel energetic materials 
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HR 2670 RDS
and technologies, including new energetics 
manufacturing technologies; and 
‘‘(ii) to integrate novel energetic mate-
rials and technologies into weapon systems; 
‘‘(B) administering a joint service quali-
fication and certification group to— 
‘‘(i) identify, review, and assess all 
laws, regulations, policies, and directives 
affecting the development and availability 
of energetic materials for defense purposes, 
including any applicable waiver authorities; 
‘‘(ii) based on such review and assess-
ment, make recommendations to the Sec-
retary of Defense regarding potential 
changes to laws, regulations, policies, and 
directives that may affect the development 
and availability of energetic materials for 
defense purposes; and 
‘‘(iii) to the extent practicable, estab-
lish uniform safety requirements for the 
qualification process for energetic mate-
rials applicable from the stage at which 
such materials are discovered through the 
stage at which such materials are inte-
grated into weapon systems; and 
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HR 2670 RDS
‘‘(C) establishing and operating a public- 
private partnership— 
‘‘(i) to serve as a liaison to the De-
partment of State for information on the 
applicability of International Traffic in 
Arms Regulations (subchapter M of chap-
ter I of title 22, Code of Federal Regula-
tions) or successor regulations across the 
energetics enterprise of the United States 
(including Government, industry, and aca-
demia); and 
‘‘(ii) to facilitate the efficient and ef-
fective exchange of information, collabora-
tion, and sharing of resources among enti-
ties in such enterprise. 
‘‘(2) Establish prototyping demonstration pro-
grams for advanced technologies to speed the matu-
ration of new energetic materials and the integration 
of such materials into weapon systems. 
‘‘(3) Establish energetics cross-functional teams 
that include representatives of the research and de-
velopment community, acquisition program offices, 
acquisition requirements offices, and industry to 
speed the transition of energetic materials and tech-
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HR 2670 RDS
nologies from the research and development phase to 
integration into weapon systems. 
‘‘(4) Reassess the effectiveness and goals of in-
sensitive munitions regulations and conduct a Mil- 
Standard/Mil-Spec Review to update munitions regu-
lations to be more specific and measurable and to re-
duce or eliminate unnecessary standards. 
‘‘(5) Use technologies such as artificial intel-
ligence and machine learning to identify, assess, and 
synthesize novel energetic compounds. 
‘‘(6) Develop strategies and roadmaps, applica-
ble across the Future Years Development Program 
and Program Objective Memorandum process, for 
energetic materials and technologies to enable the 
transition of such technologies to future operational 
capabilities for the warfighter. 
‘‘(7) Coordinate with relevant stakeholders to 
support the advantage of the United States in devel-
oping energetic materials. 
‘‘(d) REPORTS.—The head of the Office shall provide 
a monthly written report to the Secretary of Defense, the 
Assistant Secretary of the Army for Acquisition, Logistics, 
and Technology, the Under Secretary of Defense for Ac-
quisition and Sustainment, and the Under Secretary of 
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HR 2670 RDS
Defense for Research and Engineering on the activities 
of the Office. Such report shall include— 
‘‘(1) a detailed update on progress and status 
for each of the responsibilities described in sub-
section (c); 
‘‘(2) any shortfalls in resources related to 
prototyping demonstration programs, emerging tech-
nical opportunities, or that result in increased costs 
or delayed performance in fulfilling the responsibil-
ities described in subsection (c); and 
‘‘(3) any other issues as determined by the Sec-
retary of Defense. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘energetic materials’ means crit-
ical chemicals that— 
‘‘(A) release large amounts of energy in a 
short amount of time; and 
‘‘(B) are capable of being used in explo-
sives that create lethal effects in warheads. 
‘‘(2) The term ‘insensitive munitions’ means 
munitions that are designed to remain unexploded 
when exposed to stimuli representative of severe but 
credible accidents.’’. 
(b) PROGRESS REPORTS.— 
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HR 2670 RDS
(1) INITIAL REPORT.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees, the Committee on Foreign Af-
fairs of the House of Representatives, and the Com-
mittee on Foreign Relations of the Senate an initial 
report on the status of the establishment of the 
Joint Energetics Transition Office under section 
4015 of title 10, United States Code (as added by 
subsection (a)), including a description of any ac-
tions taken to staff and resource the Office as of the 
date of the report. 
(2) FINAL REPORT.—Not later than one year 
after the submission of the initial report under para-
graph (1), the Secretary of Defense shall submit to 
the congressional defense committees, the Committee 
on Foreign Affairs of the House of Representatives, 
and the Committee on Foreign Relations of the Sen-
ate a final report on the status of the establishment 
of the Joint Energetics Transition Office, including 
a description of any actions taken to staff and re-
source the Office since the date of the initial report. 
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HR 2670 RDS
SEC. 242. CONSIDERATION OF LETHALITY AS A KEY PER-
FORMANCE PARAMETER FOR MUNITIONS. 
(a) ESTABLISHMENT
OF PERFORMANCE PARAM-
ETER.—The Secretary of Defense shall ensure— 
(1) that lethality is considered, as appropriate, 
as a key performance parameter in the analysis of 
alternatives conducted for purposes of procuring any 
new munition or modifying an existing munition; 
and 
(2) that if lethality is not determined to be an 
appropriate key performance parameter under para-
graph (1), the Secretary shall document the jus-
tification for such determination and include such 
documentation in the analysis of alternatives. 
(b) CONSIDERATION OF ENERGETIC MATERIALS.— 
In assessing the lethality of a munition for purposes of 
the performance parameter described under subsection 
(a), the Secretary shall include the margin of effectiveness 
and increased system capacities afforded by the potential 
use of novel or alternative energetic materials in the muni-
tion. 
(c) ENERGETIC MATERIALS DEFINED.—In this sec-
tion, the term ‘‘energetic materials’’ has the meaning 
given that term in section 4015(e) of title 10, United 
States Code (as added by section 241). 
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HR 2670 RDS
SEC. 243. PILOT PROGRAM ON INCORPORATION OF THE 
CL20 COMPOUND IN CERTAIN WEAPON SYS-
TEMS. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense shall carry out a pilot program under which the 
Secretary incorporates the CL20 compound as the ener-
getic material for the main fill in the warheads or propel-
lants of three weapon systems under development by the 
Department of Defense. 
(b) ADDITIONAL REQUIREMENT.—Each of the three 
weapon systems selected under subsection (a) shall be a 
weapon system that does not, as of the date of the enact-
ment of this Act, already incorporate the CL20 compound 
as the energetic material for the main fill in the warhead 
or propellant of the system. 
(c) BRIEFING.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide to the congressional defense committees a 
briefing on progress of the Secretary in carrying out the 
pilot program under this section, including a timeline for 
incorporating the CL20 energetic compound into each of 
the weapon systems selected under subsection (a). 
SEC. 244. ASSESSMENT OF ENERGETICS INDUSTRIAL BASE. 
(a) ASSESSMENT.—The Deputy Secretary of Defense 
shall conduct an assessment of the supply chains for ener-
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HR 2670 RDS
getic materials and the status of the energetics industrial 
base to identify opportunities— 
(1) to accelerate the development of critical en-
ergetic materials; and 
(2) to enhance the ability of the Department of 
Defense to access such materials for defense pur-
poses. 
(b) ELEMENTS.—The assessment under subsection 
(a) shall include an analysis of— 
(1) any shortfalls in the supply chain for ener-
getic materials existing as of the date of the assess-
ment or that are projected to occur in the future; 
(2) expansion of the energetics industrial base 
to include critical subcontractor and supplier limita-
tions and options to expand industry participation to 
alleviate such limitations; 
(3) options for using the authorities provided 
under the Defense Production Act of 1950 (50 
U.S.C. 4501 et seq.) to improve the ability of the 
Department of Defense to acquire energetic mate-
rials, including the potential use of priority ratings 
(as described in the Defense Priorities and Alloca-
tion System pursuant to part 700 of title 15, Code 
of Federal Regulations (or any successor regula-
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128 
HR 2670 RDS
tion)) for contracts involving energetic materials; 
and 
(4) the potential use of Government-owned, 
contractor-operated ammunition production facilities 
to support alternative energetics formulations. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Deputy Secretary of De-
fense shall submit to the congressional defense committees 
a report on the results of the assessment conducted under 
subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘energetic materials’’ has the 
meaning given that term in section 4015(e) of title 
10, United States Code (as added by section 241). 
(2) The term ‘‘energetics industrial base’’ 
means— 
(A) the organizations and elements of the 
Department of Defense concerned with the re-
search and development of energetic materials 
and technologies; and 
(B) contractors and suppliers of energetic 
materials and technologies. 
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HR 2670 RDS
SEC. 245. LIMITATION ON SOURCING CHEMICAL MATE-
RIALS 
FOR 
MUNITIONS 
FROM 
CERTAIN 
COUNTRIES. 
(a) LIMITATION.—The Secretary of Defense may not 
procure a chemical material for munitions specified in sub-
section (b) from any country other than a country speci-
fied in subsection (c). 
(b) CHEMICAL MATERIALS SPECIFIED.—The chem-
ical materials for munitions specified in this subsection are 
the chemicals listed under the heading ‘‘Task 1: Domestic 
Production of Critical Chemicals’’ in section 3.0E of the 
document of the Department of Defense titled ‘‘Statement 
of Objectives (SOO) for Critical Chemicals Production’’ 
(FOA: FA8650-19-S-5010, Appendix VI, Call: 012) and 
dated December 5, 2022. 
(c) COUNTRIES SPECIFIED.—The countries specified 
in this subsection are the following: 
(1) India. 
(2) Any member country of the North Atlantic 
Treaty Organization. 
(3) Any country that is designated as a major 
non-NATO ally for purposes of section 2350a(i)(2) 
of title 10, United States Code. 
(d) EFFECTIVE DATE.—The requirements of this 
section shall take effect on the date that is the later of— 
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HR 2670 RDS
(1) the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2025; or 
(2) September 30, 2024. 
Subtitle D—Plans, Reports, and 
Other Matters 
SEC. 261. HYPERSONIC TESTING STRATEGY AND EVALUA-
TION 
OF 
POTENTIAL 
HYPERSONIC 
TEST 
RANGES. 
(a) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2024, and available for the Office of the Under 
Secretary of Defense for Policy for the travel of persons, 
not more than 90 percent may be obligated or expended 
until the date on which the Secretary of Defense submits 
to the congressional defense committees the strategy re-
quired under section 237(c) of the National Defense Au-
thorization Act for Fiscal Year 2023 (Public Law 117– 
263). 
(b) BIENNIAL UPDATES TO HYPERSONICS TESTING 
STRATEGY.—Section 237(c) of the National Defense Au-
thorization Act for Fiscal Year 2023 (Public Law 117– 
263) is amended by adding at the end the following new 
paragraph: 
‘‘(4) BIENNIAL UPDATES.— 
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131 
HR 2670 RDS
‘‘(A) IN
GENERAL.—Not less frequently 
than once every two years after the submittal of 
the initial strategy under paragraph (1), the 
Secretary of Defense shall— 
‘‘(i) revise and update the strategy; 
and 
‘‘(ii) submit the revised and updated 
strategy to the appropriate congressional 
committees. 
‘‘(B) SUNSET.—The requirement to pre-
pare and submit updates under this paragraph 
shall terminate on December 31, 2030.’’. 
(c) EVALUATION OF POTENTIAL HYPERSONIC TEST 
RANGES.— 
(1) STUDY.—The Secretary of Defense shall 
conduct a study to evaluate not fewer than two pos-
sible locations in the United States, selected in con-
sultation with the Under Secretary of Defense for 
Research and Engineering, that have potential to be 
used as additional corridors for long-distance 
hypersonic system testing. 
(2) ACTIVITIES
UNDER
NATIONAL
ENVIRON-
MENT POLICY ACT.—Following the completion of the 
study under paragraph (1), the Secretary of Defense 
shall initiate any activities required under the Na-
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HR 2670 RDS
tional Environment Policy Act of 1969 (42 U.S.C. 
4321 et seq.) in connection with the conduct of long- 
distance hypersonic system testing at the locations 
evaluated under the study. 
(3) REPORT.—Not later than December 31, 
2024, the Secretary of Defense shall submit to the 
congressional defense committees a report on the re-
sults of the study conducted under paragraph (1). 
SEC. 262. MODIFICATION TO ANNUAL REPORTS ON CRIT-
ICAL TECHNOLOGY AREAS SUPPORTIVE OF 
THE NATIONAL DEFENSE STRATEGY. 
Section 217(c)(1) of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283; 10 U.S.C. 4001 note) is 
amended— 
(1) by striking ‘‘2025’’ and inserting ‘‘2029’’; 
(2) by redesignating subparagraphs (A) through 
(D) as clauses (i) through (iv), respectively; 
(3) by striking ‘‘including a description’’ and 
inserting ‘‘including— 
‘‘(A) a description’’; 
(4) by striking the period at the end and insert-
ing a semicolon; and 
(5) by adding at the end the following new sub-
paragraphs: 
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HR 2670 RDS
‘‘(B) for each technology area identified 
under subsection (a)(1)— 
‘‘(i) a list of each program element 
that funds research, development, test, and 
evaluation activities within that area; and 
‘‘(ii) for each such program element— 
‘‘(I) identification of the total 
amount of funds obligated or ex-
pended for research, development, 
test, and evaluation under that pro-
gram element in support of the tech-
nology area in the fiscal year pre-
ceding the date of the report; 
‘‘(II) an estimate of the total 
amount of funds expected to be obli-
gated or expended for research, devel-
opment, test, and evaluation under 
that program element in support of 
the technology area for the fiscal year 
in which the report is submitted and 
each of the following two fiscal years; 
and 
‘‘(III) an explanation of the rea-
sons for such funding allocations; and 
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HR 2670 RDS
‘‘(C) an assessment of any policies, proc-
esses, or systems of the Department of Defense 
that have been modified, or that are expected to 
be modified, as a result of the Department’s in-
vestments and other efforts in the technology 
areas identified under subsection (a)(1) to com-
pete in an era of strategic competition, with an 
emphasis on those policies, processes, or sys-
tems involved in transitioning technologies from 
the research and development phase to formal 
acquisition programs or operational use within 
the Department.’’. 
SEC. 263. INTELLECTUAL PROPERTY STRATEGY. 
(a) STRATEGY.—The Secretary of Defense, in coordi-
nation with the Under Secretary of Defense for Research 
and Engineering, shall develop and implement an intellec-
tual property strategy to enhance the ability of the De-
partment of Defense to procure emerging capabilities and 
technologies as described in subsection (b). 
(b) REQUIRED ELEMENTS.—The strategy under sub-
section (a) shall include the following: 
(1) Plans for using intellectual property to en-
hance the ability of the Department of Defense to 
innovate and invest in new warfighting capabilities 
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HR 2670 RDS
to outpace adversaries of the United States in the 
areas of new and emerging technology. 
(2) Recommendations on the use of intellectual 
property and its purpose and benefits— 
(A) within research and engineering pro-
grams of the Department; and 
(B) in the context of strategic competition, 
including in hybrid warfare and deterrence. 
(3) Strategies for promoting and encouraging 
members of the Armed Forces to create and produce 
new tools and technologies for the Department. 
(4) Concepts and actionable steps for accel-
erating, to the extent practicable, the procurement 
and fielding of emerging capabilities and tech-
nologies. 
(5) Methods for encouraging innovation, solu-
tions that scale, and the use of patents across the 
Department of Defense by establishing an inte-
grated, cross-service approach to the identification, 
prioritization, development, and fielding of emerging 
capabilities and technologies. 
(6) Steps to implement measures to protect 
against the theft of intellectual property. 
(7) Enforcement mechanisms to ensure intellec-
tual property rights are protected. 
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HR 2670 RDS
(8) A report on total cost on an annual basis 
to procure technical data that the Government could 
eventually use, as needed and depending upon the 
circumstances, to promote vendor competition and 
increase Government control over specific elements 
of sustainment. 
(c) OPTIONAL ELEMENTS.—The strategy under sub-
section (a) may include the following: 
(1) Identification of how intellectual property 
may be used to enhance the innovation capabilities 
of the Department of Defense to neutralize the ef-
fects of intellectual property theft by competitors of 
the United States. 
(2) An innovation warfare strategy to promote 
the creation of new and emerging technologies to se-
cure the dominant economic and security position of 
the United States against adversaries, which may in-
clude strategies to— 
(A) further develop the technological base 
of the Department of Defense and create intel-
lectual property security tools needed to outpace 
adversaries and prevent technological over-
match; 
(B) develop machine learning tools to iden-
tify possible future technologies; 
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HR 2670 RDS
(C) ensure that Federal research and de-
velopment spending spur innovation as directed 
in the 2022 National Defense Strategy; 
(D) secure positions that give the United 
States strategic advantages with respect to the 
acquisition, procurement, distribution, and pro-
tection of new and emerging technologies; and 
(E) identity and develop cross-functional 
capabilities— 
(i) for the implementation of the 
strategy under subsection (a); and 
(ii) to facilitate the coordination of ef-
forts to the extent feasible. 
(3) Guidance to link priorities, goals, and in-
vestments with respect to intellectual property rights 
with individuals and entities that are critical to the 
functioning of specific programs of the Department 
of Defense, including by— 
(A) developing and reinforcing relation-
ships with academia, the acquisition workforce 
(as defined in section 101 of title 10, United 
States Code), the defense industry, and the 
commercial sector to create scalable solutions 
that are protected through intellectual property 
rights; 
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HR 2670 RDS
(B) developing a marketing strategy to 
make members of a covered Armed Force aware 
that the members may be able to patent inven-
tions the members create while serving; and 
(C) identifying funding, investments, per-
sonnel, facilities, and relationships with other 
departments and agencies of the Federal Gov-
ernment without which defense capabilities 
would be severely degraded. 
(4) Methods to support the coordination of ac-
quisition priorities, programs, and timelines to meet 
requirements and security objectives of each covered 
Armed Force and the combatant commands with the 
research and engineering activities of the Depart-
ment. 
(5) Recommendations for changes to statute, 
regulations, or policies to support the achievement of 
the goals set forth in the strategy. 
(6) Processes to inform senior leaders of the 
Department and Members of Congress of the poten-
tial effects of the intellectual property strategy on 
the development of policies and regulations guiding 
strategic competition with adversaries of the United 
States in the military and technology domains. 
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HR 2670 RDS
(7) Methods to support the efficient implemen-
tation of the strategy to address near-term, mid- 
term, and long-term capability gaps, with an empha-
sis on spurring innovation and overcoming, to the 
extent practicable, the gap between the research and 
development of emerging capabilities and tech-
nologies and the procurement and fielding of such 
capabilities and technologies. 
(8) Methods to support the issuance and en-
forcement of patents within the Department of De-
fense. 
(9) An assessment the potential supporting 
roles of military education institutions and science 
and technology reinvention laboratories (as des-
ignated under section 4121(b) of title 10, United 
States Code), including roles relating to encouraging 
innovation, raising awareness of intellectual property 
rights , and the conceptualization, development, test-
ing, and implementation of innovative solutions for 
emerging capabilities and technologies. 
(d) ALIGNMENT WITH NATIONAL DEFENSE STRAT-
EGY.—The Secretary of Defense shall ensure that the 
strategy developed under subsection (a) aligns with the 
National Defense Strategy under section 113(g) of title 
10, United States Code. 
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HR 2670 RDS
(e) REPORT.—Not later than February 1, 2024, the 
Secretary of Defense, in coordination with the Under Sec-
retary of Defense for Research and Engineering, shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on the intel-
lectual property strategy developed under subsection (a). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means 
the Army, Navy, Air Force, Marine Corps, or Space 
Force. 
(2) The term ‘‘intellectual property’’ has the 
meaning given the term ‘‘IP’’ in Department of De-
fense Instruction 5010.44 titled ‘‘Intellectual Prop-
erty (IP) Acquisition and Licensing’’ (issued October 
16, 2019). 
(3) The term ‘‘intellectual property rights’’ has 
the meaning given the term ‘‘IP rights’’ in Depart-
ment of Defense Instruction 5010.44 titled ‘‘Intellec-
tual Property (IP) Acquisition and Licensing’’ 
(issued October 16, 2019). 
SEC. 264. STUDY ON ESTABLISHMENT OF CENTRALIZED 
PLATFORM FOR DEVELOPMENT AND TEST-
ING OF AUTONOMY SOFTWARE. 
(a) STUDY REQUIRED.—The Secretary of Defense, in 
coordination with the Chief Digital and Artificial Intel-
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HR 2670 RDS
ligence Officer, shall conduct a study to assess the feasi-
bility and advisability of establishing a centralized plat-
form for the development and testing of autonomy soft-
ware. 
(b) ELEMENTS.—The study under subsection (a) 
shall include, at a minimum, the following: 
(1) An assessment of the status of efforts to re-
source and integrate autonomy software into sys-
tems of the Department of Defense, including sys-
tems in use by the Department as of the date of the 
study and systems that may be used in the future. 
(2) Identification of systems of the Department 
of Defense which are, or can be, integrated with au-
tonomy software to enable the continuous oper-
ational capability of such systems in GPS- or com-
munications-denied environments, including those 
systems identified in the report required under sec-
tion 246 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 
2022 (Public Law 116–283; 135 Stat. 1622). 
(3) An assessment of any gaps in— 
(A) program funding relating to the acqui-
sition of autonomy software; 
(B) acquisition processes, including the 
planning, programming, budgeting, and execu-
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HR 2670 RDS
tion process for acquiring and integrating au-
tonomy-enabling capabilities across relevant 
programs of record; 
(C) training capabilities relating to auton-
omy software; 
(D) capabilities for testing, evaluating, 
verifying, and validating autonomy software in 
all environments, including virtual and real- 
world environments; and 
(E) efforts to test, resource, and scale 
commercially available autonomy software for 
use by the Department. 
(4) A plan to address, to the extent practicable, 
the gaps assessed in paragraph (3), including— 
(A) updated procedures to plan for the po-
tential costs of autonomy software at the onset 
of the acquisition life cycle; 
(B) plans to include, in greater detail, the 
projected costs of autonomy software for appli-
cable programs of record in the future-years de-
fense program submitted to Congress under 
section 221 of title 10, United States Code; and 
(C) plans to standardize the acquisition of 
autonomy software for programs of record 
across the Armed Forces. 
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(c) SUBMITTAL TO CONGRESS.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report on the results of the study conducted under 
subsection (a). 
(d) CDAO DEFINED.—In this section, the term 
‘‘Chief Digital and Artificial Intelligence Officer’’ has the 
meaning given that term in section 846(b) of the James 
M. Inhofe National Defense Authorization Act for Fiscal 
Year 2023 (Public Law 117–263). 
SEC. 265. ANNUAL REPORT ON INCREMENTAL AND TRANS-
FORMATIONAL RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—Not later than 10 days after the 
date on which the budget of the President is submitted 
to Congress pursuant to section 1105 of title 31, United 
States Code, for each of fiscal years 2025 through 2029, 
the Under Secretary of Defense for Research and Engi-
neering shall submit to the congressional defense commit-
tees a report that identifies— 
(1) the number of incremental research and de-
velopment projects that are in progress within the 
Department of Defense as of the date of the report 
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HR 2670 RDS
and the total amount of funding allocated to such 
projects; and 
(2) the number of transformational research 
and development projects that are in progress within 
the Department of Defense as of the date of the re-
port and the total amount of funding allocated to 
such projects. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘incremental research and devel-
opment project’’ means a covered research activity 
that is in the research and development phase as of 
the date of the submittal of the report under sub-
section (a) and that is expected to achieve initial 
operational capability by not later than five years 
after such date. 
(2) The term ‘‘transformational research and 
development project’’ means a covered research ac-
tivity that is in the research and development phase 
as of the date of the submittal of the report under 
subsection (a) and that is expected to achieve initial 
operational capability by not earlier than five years 
after such date. 
(3) The term ‘‘covered research activity’’ means 
a program, project, or other activity of the Depart-
ment of Defense designated as budget activity 1 
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HR 2670 RDS
(basic research), budget activity 2 (applied re-
search), or budget activity 3 (advanced technology 
development), as such budget activity classifications 
are set forth in volume 2B, chapter 5 of the Depart-
ment of Defense Financial Management Regulation 
(DOD 7000.14-R). 
SEC. 266. CONGRESSIONAL NOTIFICATION OF CHANGES TO 
DEPARTMENT OF DEFENSE POLICY ON AU-
TONOMY IN WEAPON SYSTEMS. 
Not later than 30 days after making a modification 
to Department of Defense Directive 3000.09 (relating to 
autonomy in weapon systems) the Secretary of Defense 
shall provide to the congressional defense committees a 
briefing that includes— 
(1) a description of the modification; and 
(2) an explanation of the reasons for the modi-
fication. 
SEC. 267. SENSE OF CONGRESS ON DUAL USE INNOVATIVE 
TECHNOLOGY FOR THE ROBOTIC COMBAT 
VEHICLE OF THE ARMY. 
(a) FINDINGS.—Congress finds the following: 
(1) The Army is developing the Robotic Combat 
Vehicle using a sound and innovative acquisition 
strategy. The Robotic Combat Vehicle program is 
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leveraging dual-use commercial innovation for its au-
tonomous driving system. 
(2) The Army’s Robotic Combat Vehicle Soft-
ware Pathways program will take an agile and 
phased approach to the ultimate solution, which is 
an autonomous, artificial intelligence-based naviga-
tion software. The technical focus will be on devel-
oping robust software pathways for the Army to con-
duct vehicle navigation in increasingly complex ter-
rain, diverse operational conditions, and GPS-chal-
lenged environments, while still providing the ability 
to remotely operate the vehicle. 
(3) The Army’s acquisition strategy for the 
Robotic Combat Vehicle is smartly separating the 
platform ground combat vehicle prototypes from the 
autonomous software system. This approach is 
standard in the private sector and modern product 
development. With this approach, the Robotic Com-
bat Vehicle program is establishing a blueprint for 
future autonomous development programs of the De-
partment of Defense. 
(4) By using this dual acquisition approach, the 
Army will receive the best value for the taxpayer as 
it will leverage private sector investments made on 
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autonomous software and create an interoperable 
software stack for use on future applications. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Army should continue to use the soft-
ware acquisition pathway approach and leverage 
dual-use, innovative commercial technology for the 
Robotic Combat Vehicle program; 
(2) the Army should consider a similar frame-
work for future ground vehicle programs, such as 
the Optionally Manned Fighting Vehicle program 
and the Common Tactical Truck program; and 
(3) the other Armed Forces should consider 
using a similar dual acquisition approach for their 
autonomous ground vehicle programs. 
SEC. 268. FUNDING FOR RESEARCH AND DEVELOPMENT OF 
SMART CONCRETE MATERIALS. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 201 for research, 
development, test, and evaluation, Army, as specified in 
the corresponding funding table in section 4201, for ap-
plied research, ground technology (PE 0602144A), line 
012, is hereby increased by $2,600,000 (with the amount 
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of such increase to be used for the research and develop-
ment of smart concrete materials). 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for operation and main-
tenance, Defense-wide, as specified in the corresponding 
funding table in section 4301, for administration and serv-
ice-wide activities, Office of the Secretary of Defense, line 
490, is hereby reduced by $2,600,000. 
SEC. 269. ASSESSMENT AND STRATEGY FOR USE OF OPEN- 
ARCHITECTURE ADDITIVE MANUFACTURING 
FOR CERTAIN ITEMS AND COMPONENTS. 
(a) ASSESSMENT.—The Secretary of Defense shall 
assess the capacity of the Department of Defense to test, 
evaluate, and use additive fabrication technology to sup-
plement maintenance parts in support of weapon systems 
and associated support equipment, including obsolete 
parts, tools, jigs, fixtures, and other such items and com-
ponents. 
(b) ELEMENTS.—The assessment under subsection 
(a) shall include the following: 
(1) Consideration of existing in-garrison and 
expeditionary base infrastructure and logistics sup-
port components of the Department that use exist-
ing open-architecture additive manufacturing com-
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mercial technology (commonly referred to as ‘‘3D 
Printing’’), related capital equipment, and associated 
manufacturing media. 
(2) An identification of any fabrication capabili-
ties relevant to the capacity described in subsection 
(a) that may be provided by public-private partner-
ship programs, departments and agencies of the 
Federal Government, academic institutions, and 
small business concerns. 
(3) An identification of the coordination, sched-
uling, reimbursement processes, and requirements 
needed for the potential use of a network of commu-
nity based, private-public facilities to enable the ad-
vanced fabrication capacity described in subsection 
(a). 
(4) An analysis of the frequency, scheduling 
lead time, fabrication cost, and capacity of each fa-
cility relating to the fabrication of obsolete parts, 
tools, jigs, fixtures or other parts as required for the 
Department to ensure agile combat employment. 
(5) A review of contractor-owned, commercial 
open-architecture additive and advanced manufac-
turing fabrication facilities that could enhance ef-
forts to improve reliability, availability and maintain-
ability of legacy weapons systems, in-garrison infra-
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are produced using perfluoroalkyl substances or 
polyfluoroalkyl substances. 
(C) Planned steps of the Secretary to limit 
the acquisition of covered items that contain or 
are produced using perfluoroalkyl substances or 
polyfluoroalkyl substances. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘covered item’’, ‘‘perfluoroalkyl substance’’, 
and ‘‘polyfluoroalkyl substance’’ have the meanings 
given those terms in section 333(b) of the National 
Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283; 10 U.S.C. 3062 note; 134 
Stat. 3531), as amended by subsection (a). 
Subtitle D—Logistics and 
Sustainment 
SEC. 341. REPEAL OF COMPTROLLER GENERAL REVIEW RE-
QUIREMENT RELATING TO CORE LOGISTICS 
CAPABILITIES. 
Section 2464(e) of title 10, United States Code, is 
repealed. 
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(A) by inserting ‘‘(A)’’ before ‘‘The Sec-
retary’’; and 
(B) by inserting at the end the following 
new subparagraphs: 
‘‘(B) In carrying out the requirements of subpara-
graph (A), the Secretary concerned shall establish a re-
quirement that each financial services counselor under 
paragraph (2)(A)(i), and any other individual providing 
counseling on financial services under paragraph (2), sub-
mit financial disclosures annually to the Secretary. 
‘‘(C) The Secretary concerned shall review all finan-
cial disclosures submitted pursuant to subparagraph (B) 
to ensure the counselor, or the individual providing coun-
seling, is free from conflict as required under this para-
graph. 
‘‘(D) If the Secretary concerned determines that a 
financial services counselor under paragraph (2)(A)(i), or 
any other individual providing counseling on financial 
services under paragraph (2), is not free from conflict as 
required under this paragraph, the Secretary shall ensure 
that the counselor, or the individual providing counseling, 
does not provide such services until such time as the Sec-
retary determines that such conflict is resolved.’’. 
(b) REPORT ON FINANCIAL INDEPENDENCE.—Not 
later than 180 days after the date of the enactment of 
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SEC. 512. REMOVAL OF PROHIBITION ON ACTIVE DUTY 
MEMBERS OF THE AIR FORCE RESERVE POL-
ICY COMMITTEE. 
Section 10305 of title 10, United States Code, is 
amended— 
(1) by striking ‘‘not on active duty’’ each place 
it appears; and 
(2) in subsection (c), by inserting ‘‘of the re-
serve components’’ after ‘‘among the members’’. 
SEC. 513. REMOVAL OF PROHIBITION ON ACTIVE DUTY 
MEMBERS OF THE AIR FORCE RESERVE POL-
ICY COMMITTEE. 
Section 10305 of title 10, United States Code, is 
amended— 
(1) by striking ‘‘not on active duty’’ each place 
it appears; and 
(2) in subsection (c), by inserting ‘‘of the re-
serve components’’ after ‘‘among the members’’. 
SEC. 514. GRADE OF VICE CHIEF OF THE NATIONAL GUARD 
BUREAU. 
Section 10505 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) GRADE.—(1) The Vice Chief of the National 
Guard Bureau shall be appointed to serve in the grade 
of general. 
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