115 
(B) by striking ‘‘in the Center’’ and insert-
ing ‘‘in support of the activities of such official 
under such section’’; and 
(3) in subsection (c)(2), by striking ‘‘the Joint 
Artificial Intelligence Center’’ and inserting ‘‘the ac-
tivities under section 238 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232)’’. 
(c) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICA-
TIONS
AND
ESTABLISHMENT
OF
PERFORMANCE 
METRICS.—Section 226(b) of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117– 
81; 10 U.S.C. 4001 note) is amended— 
(1) in paragraph (3), by inserting ‘‘or the offi-
cial designated under subsection (b) of section 238 
of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. note prec. 4061)’’ after ‘‘Director of the 
Joint Artificial Intelligence Center’’; 
(2) in paragraph (4), by inserting ‘‘or the offi-
cial designated under subsection (b) of section 238 
of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. note prec. 4061)’’ after ‘‘Director of the 
Joint Artificial Intelligence Center’’; and
116 
(3) in paragraph (5), by inserting ‘‘or the offi-
cial designated under subsection (b) of section 238 
of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. note prec. 4061)’’ after ‘‘Director of the 
Joint Artificial Intelligence Center’’. 
(d) MODIFICATION OF THE JOINT COMMON FOUNDA-
TION PROGRAM.—Section 227(a) of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117– 
81; 10 U.S.C. 4001 note) is amended by striking ‘‘Joint 
Artificial Intelligence Center’’ and inserting ‘‘the office of 
the official designated under subsection (b) of section 238 
of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 
note prec. 4061)’’. 
(e) PILOT PROGRAM ON DATA REPOSITORIES TO FA-
CILITATE
THE DEVELOPMENT
OF ARTIFICIAL INTEL-
LIGENCE CAPABILITIES FOR THE DEPARTMENT OF DE-
FENSE.—Section 232 of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 10 
U.S.C. 4001 note) is amended— 
(1) in the section heading, by striking ‘‘PILOT 
PROGRAM ON DATA REPOSITORIES’’ and insert-
ing ‘‘DATA REPOSITORIES’’;
117 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.— 
The Secretary of Defense, acting through the official des-
ignated under subsection (b) of section 238 of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 
4061) (and such other officials as the Secretary deter-
mines appropriate), shall— 
‘‘(1) establish data repositories containing De-
partment of Defense data sets relevant to the devel-
opment of artificial intelligence software and tech-
nology; and 
‘‘(2) allow appropriate public and private sector 
organizations to access such data repositories for the 
purpose of developing improved artificial intelligence 
and machine learning software capabilities that may, 
as determined appropriate by the Secretary, be pro-
cured by the Department to satisfy Department re-
quirements and technology development goals.’’; 
(3) in subsection (b), by striking ‘‘If the Sec-
retary of Defense carries out the pilot program 
under subsection (a), the data repositories estab-
lished under the program’’ and inserting ‘‘The data 
repositories established under subsection (a)’’; and
118 
(4) by amending subsection (c) to read as fol-
lows: 
‘‘(c) BRIEFING.—Not later than July 1, 2023, the 
Secretary of Defense shall provide to the congressional de-
fense committees a briefing on— 
‘‘(1) the types of information the Secretary de-
termines are feasible and advisable to include in the 
data repositories established under subsection (a); 
and 
‘‘(2) the progress of the Secretary in estab-
lishing such data repositories.’’. 
(f) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN 
AND WORKING GROUP.—Section 1531(d)(2)(C) of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 2051) is amended by strik-
ing ‘‘The Joint Artificial Intelligence Center (JAIC)’’ and 
inserting ‘‘The office of the official designated under sub-
section (b) of section 238 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 10 U.S.C. note prec. 4061)’’. 
(g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO 
THE DEFENSE REFORM PILLAR OF THE NATIONAL DE-
FENSE STRATEGY.—Section 234(b) of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113)
119 
is amended by striking ‘‘Director of the Joint Artificial 
Intelligence Center’’ and inserting ‘‘official designated 
under subsection (b) of section 238 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 10 U.S.C. note prec. 4061)’’. 
(h) PILOT PROGRAM ON THE USE OF ELECTRONIC 
PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR 
TECHNICAL POSITIONS.—Section 247(c) of the William 
M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 
note prec. 1580) is amended— 
(1) in paragraph (1), by striking ‘‘the Joint Ar-
tificial Intelligence Center’’ and inserting ‘‘the office 
of the official designated under subsection (b) of sec-
tion 238 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 
115–232; 10 U.S.C. note prec. 4061)’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively. 
(i) ACQUISITION AUTHORITY OF THE DIRECTOR OF 
THE JOINT ARTIFICIAL INTELLIGENCE CENTER.—Sec-
tion 808 the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (Public Law 
116–283; 10 U.S.C. 4001 note) is amended—
120 
(1) in the section heading, by striking ‘‘THE 
DIRECTOR OF THE JOINT ARTIFICIAL INTEL-
LIGENCE CENTER’’ and inserting ‘‘THE SENIOR 
OFFICIAL
WITH
PRINCIPAL
RESPONSIBILITY 
FOR ARTIFICIAL INTELLIGENCE AND MACHINE 
LEARNING’’; 
(2) in subsection (a)— 
(A) by striking ‘‘the Director of the Joint 
Artificial Intelligence Center’’ and inserting 
‘‘the official designated under subsection (b) of 
section 238 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 
(Public Law 115–232; 10 U.S.C. note prec. 
4061) (referred to in this section as the ‘Offi-
cial’)’’; and 
(B) by striking ‘‘the Center’’ and inserting 
‘‘the office of such official (referred to in this 
section as the ‘Office’)’’; 
(3) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘JAIC’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A),
121 
(I) by striking ‘‘staff of the Di-
rector’’ and inserting ‘‘staff of the Of-
ficial’’; and 
(II) by striking ‘‘the Director of 
the Center’’ and inserting ‘‘such Offi-
cial’’; 
(ii) in subparagraph (A), by striking 
‘‘the Center’’ and inserting ‘‘the Office’’; 
(iii) in subparagraph (B), by striking 
‘‘the Center’’ and inserting ‘‘the Office’’; 
(iv) in subparagraph (C), by striking 
‘‘the Center’’ each place it appears and in-
serting ‘‘the Office’’; and 
(v) in subparagraph (D), by striking 
‘‘the Center’’ each place it appears and in-
serting ‘‘the Office’’; 
(C) in paragraph (2)— 
(i) by striking ‘‘the Center’’ and in-
serting ‘‘the Office’’; and 
(ii) by striking ‘‘the Director’’ and in-
serting ‘‘the Official’’; 
(4) in subsection (c)(1)— 
(A) by striking ‘‘the Center’’ and inserting 
‘‘the Office’’; and
122 
(B) by striking ‘‘the Director’’ and insert-
ing ‘‘the Official’’; 
(5) in subsection (d), by striking ‘‘the Director’’ 
and inserting ‘‘the Official’’; 
(6) in subsection (e)— 
(A) in paragraph (2)— 
(i) in subparagraph (B), by striking 
‘‘Center missions’’ and inserting ‘‘the mis-
sions of the Office’’; and 
(ii) in subparagrpah (D), by striking 
‘‘the Center’’ and inserting ‘‘the Office’’; 
and 
(B) in paragraph (3), by striking ‘‘the 
Center’’ and inserting ‘‘the Office’’; 
(7) in subsection (f), by striking ‘‘the Director’’ 
and inserting ‘‘the Official’’; and 
(8) in subsection (g)— 
(A) by striking paragraphs (1) and (3); 
and 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (1) and (2), respectively. 
(j) BIANNUAL REPORT.—Section 260 of the National 
Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116–92; 133 Stat. 1293) is amended—
123 
(1) in the section heading, by striking ‘‘JOINT 
ARTIFICIAL INTELLIGENCE CENTER’’ and insert-
ing ‘‘OFFICE OF THE SENIOR OFFICIAL WITH 
PRINCIPAL
RESPONSIBILITY
FOR
ARTIFICIAL 
INTELLIGENCE AND MACHINE LEARNING’’; 
(2) in subsection (a)— 
(A) by striking ‘‘2023’’ and inserting 
‘‘2026’’; and 
(B) by striking ‘‘the Joint Artificial Intel-
ligence Center (referred to in this section as the 
‘Center’)’’ and inserting ‘‘the office of the offi-
cial designated under subsection (b) of section 
238 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public 
Law 115–232; 10 U.S.C. note prec. 4061) (re-
ferred to in this section as the ‘Office’)’’; 
(3) in subsection (b)— 
(A) by striking ‘‘Center’’ each place it ap-
pears and inserting ‘‘Office’’; 
(B) in paragraph (2), by striking ‘‘the Na-
tional Mission Initiatives, Component Mission 
Initiatives, and any other initiatives’’ and in-
serting ‘‘any initiatives’’; and 
(C) in paragraph (7), by striking ‘‘the 
Center’s investments in the National Mission
124 
Initiatives and Component Mission Initiatives’’ 
and inserting ‘‘the Office’s investments in its 
initiatives and other activities’’; and 
(4) by striking subsection (c). 
(k) REPORTING RESPONSIBILITY.—Section 903(b) of 
the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92; 10 U.S.C. 2223 note) is 
amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraph (4) as para-
graph (3). 
(l) REFERENCES IN EXISTING LAW.—Any reference 
in any law, regulation, guidance, instruction, or other doc-
ument of the Federal Government to the Director of the 
Joint Artificial Intelligence Center of the Department of 
Defense or to the Joint Artificial Intelligence Center shall 
be deemed to refer to the official designated under section 
238(b) of the John S. McCain National Defense Author-
ization Act for Fiscal Year 2019 (Public Law 115–232; 
10 U.S.C. note prec. 4061) or the office of such official, 
as the case may be.
125 
SEC. 212. ROLE OF THE CHIEF DIGITAL AND ARTIFICIAL IN-
TELLIGENCE OFFICER IN FOSTERING INTER-
OPERABILITY AMONG JOINT FORCE SYS-
TEMS. 
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Director of National Intelligence, shall 
direct the Chief Digital and Artificial Intelligence Officer 
of the Department of Defense to carry out the activities 
described in subsection (b) in support of the Joint All Do-
main Command and Control strategy and the Joint 
Warfighting Concept of the Department. 
(b) ACTIVITIES
DESCRIBED.—The activities de-
scribed in this subsection are the following: 
(1) To solicit feedback from the combatant 
commands and the Joint Staff to identify oper-
ational challenges that— 
(A) are attributable to a lack of interoper-
ability between the warfighting systems and 
other technology, including software and data, 
of such commands and the Joint Staff; and 
(B) could potentially be resolved using mis-
sion integration software, including software de-
signed to integrate heterogeneous systems 
across domains without upgrading hardware or 
changing existing system software.
126 
(2) From amounts made available to carry out 
this section, to allocate funds to entities in the com-
batant commands and the Joint Staff to address 
such operational challenges through— 
(A) the development, procurement, or field-
ing of mission integration software; and 
(B) the development and implementation 
of related tactics, techniques, and procedures to 
integrate systems to increase interoperability. 
(3) To identify, acquire, and field existing mis-
sion integration capabilities and enhance ongoing re-
search and development. 
(4) To support exercises, experimentation, and 
demonstrations to highlight and refine mission inte-
gration software and address associated interoper-
ability challenges. 
(5) To assist in fielding mission integration 
software by the military departments to encourage 
the development and employment of such software 
on a larger scale. 
(c) BRIEFING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide to the Committee on Armed Services of the 
House of Representatives a briefing on the progress of the
127 
Chief Digital and Artificial Intelligence Officer in carrying 
out the activities described in subsection (b)). 
(d) REPORTS.—On a biannual basis during the pe-
riod of three years following the date of the briefing under 
subsection (c), the Secretary of Defense shall submit to 
the congressional defense committees a report that in-
cludes, with respect to the period of six months preceding 
the date of the report, the following: 
(1) A description of any operational challenges 
that were identified under subsection (b)(1). 
(2) Of those operational challenges— 
(A) identification of the challenges the 
Chief Digital and Artificial Intelligence Officer 
addressed through the allocation of funds under 
subsection (b)(2); and 
(B) an explanation of whether and to what 
extent activities carried out with such funds re-
duced interoperability challenges. 
(3) Identification of any mission integration 
software procured, developed, or fielded by the 
Armed Forces or the combatant commands. 
(4) A description of any exercises, experimen-
tation, and demonstrations performed. 
(e) DEFINITIONS.—In this section:
128 
(1) The term ‘‘Chief Digital and Artificial Intel-
ligence Officer’’ means the official designated under 
subsection (b) of section 238 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 
2019 (Public Law 115–232; 10 U.S.C. note prec. 
4061). 
(2) The term ‘‘mission integration software’’ 
means software that supports military operations by 
creating interoperability between systems, tools, and 
applications, including weapons, platforms, intel-
ligence, surveillance, and reconnaissance systems, in-
telligence fusion systems, tasking systems, tactical 
data links, cyberspace and electronic warfare sys-
tems, communications systems, command and con-
trol systems, common operating pictures, and com-
manders’ decision aids. 
SEC. 213. MODIFICATION OF DEFENSE LABORATORY MOD-
ERNIZATION PILOT PROGRAM. 
Section 2803 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 
note prec. 4121) is amended— 
(1) 
in 
subsection 
(e), 
by 
striking 
‘‘$150,000,000’’ and inserting ‘‘$300,000,000’’; 
(2) 
in 
subsection 
(f)(2), 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$4,000,000’’; and
129 
(3) in subsection (g), by striking ‘‘October 1, 
2025’’ and inserting ‘‘October 1, 2030’’. 
SEC. 214. SUPPORT FOR RESEARCH AND DEVELOPMENT OF 
BIOINDUSTRIAL 
MANUFACTURING 
PROC-
ESSES. 
(a) AUTHORIZATION.—Subject to the availability of 
appropriations, the Secretary of Defense shall provide sup-
port to manufacturing innovation institutes for the re-
search and development of innovative bioindustrial manu-
facturing processes and the development of a network of 
bioindustrial manufacturing facilities to improve the abil-
ity of the industrial base to use such processes for the 
production of chemicals, materials, and other products 
necessary to support national security or secure fragile 
supply chains. 
(b) FORM
OF SUPPORT.—The support provided 
under subsection (a) may consist of— 
(1) the establishment of one or more manufac-
turing innovation institutes specializing in the re-
search and development of bioindustrial manufac-
turing processes; 
(2) providing funding to one or more existing 
manufacturing innovation institutes—
130 
(A) to support the research and develop-
ment of bioindustrial manufacturing processes; 
or 
(B) to otherwise expand the bioindustrial 
manufacturing capabilities of such institutes; 
(3) the establishment of dedicated facilities 
within one or more manufacturing innovation insti-
tutes to serve as regional hubs for the research, de-
velopment, and the scaling of bioindustrial manufac-
turing processes and products to higher levels of 
production; or 
(4) designating a manufacturing innovation in-
stitute to serve as the lead entity responsible for in-
tegrating a network of pilot and intermediate scale 
bioindustrial manufacturing facilities. 
(c) ACTIVITIES.—A manufacturing innovation insti-
tute that receives support under subsection (a) shall carry 
out activities relating to the research, development, test, 
and evaluation of innovative bioindustrial manufacturing 
processes and the scaling of bioindustrial manufacturing 
products to higher levels of production, which may in-
clude— 
(1) research on the use of bioindustrial manu-
facturing to create materials such as polymers, coat-
131 
ings, resins, commodity chemicals, and other mate-
rials with fragile supply chains; 
(2) demonstration projects to evaluate bioindus-
trial manufacturing processes and technologies; 
(3) activities to scale bioindustrial manufac-
turing processes and products to higher levels of 
production; 
(4) strategic planning for infrastructure and 
equipment investments for bioindustrial manufac-
turing of defense-related materials; 
(5) analyses of bioindustrial manufactured 
products and validation of the application of biologi-
cal material used as input to new and existing proc-
esses to aid in future investment strategies and the 
security of critical supply chains; 
(6) the selection, construction, and operation of 
pilot and intermediate scale bioindustrial manufac-
turing facilities; 
(7) development and management of a network 
of facilities to scale production of bioindustrial prod-
ucts; 
(8) activities to address workforce needs in bio-
industrial manufacturing; 
(9) establishing an interoperable, secure, digital 
infrastructure for collaborative data exchange across
132 
entities in the bioindustrial manufacturing commu-
nity, including government agencies, industry, and 
academia; 
(10) developing and implementing digital tools, 
process security and assurance capabilities, cyberse-
curity protocols, and best practices for data storage, 
sharing and analysis; and 
(11) such other activities as the Secretary of 
Defense determines appropriate. 
(d) CONSIDERATIONS.—In determining the number, 
type, and location of manufacturing innovation institutes 
or facilities to support under subsection (a), the Secretary 
of Defense shall consider— 
(1) how the institutes or facilities may com-
plement each other by functioning as a together as 
a network; 
(2) how to geographically distribute support to 
such institutes or facilities— 
(A) to maximize access to biological mate-
rial needed as an input to bioindustrial manu-
facturing processes; 
(B) to leverage available industrial and 
academic expertise;
133 
(C) to leverage relevant domestic infra-
structure required to secure supply chains for 
chemicals and other materials; and 
(D) to complement the capabilities of other 
manufacturing innovation institutes and similar 
facilities; and 
(3) how the activities supported under this sec-
tion can be coordinated with relevant activities of 
other departments and agencies of the Federal Gov-
ernment. 
(e) PLAN REQUIRED.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate 
congressional committees and the National Security 
Commission on Emerging Biotechnology a plan for 
the implementation of this section that includes— 
(A) a description of types, relative sizes, 
and locations of the manufacturing innovation 
institutes or facilities the Secretary intends to 
establish or support under this section; 
(B) a general description of the focus of 
each institute or facility, including the types of 
bioindustrial manufacturing equipment, if any,
134 
that are expected to be procured for each such 
institute or facility; 
(C) a general description of how the insti-
tutes and facilities will work as a network to 
maximize the diversity of bioindustrial products 
available to be produced by the network; 
(D) an explanation of how the network will 
support the establishment and maintenance of 
the bioindustrial manufacturing industrial base; 
and 
(E) an explanation of how the Secretary 
intends to ensure that bioindustrial manufac-
turing activities conducted under this section 
are modernized digitally, including through— 
(i) the use of a data automation to 
represent processes and products as models 
and simulations; and 
(ii) the implementation of measures to 
address cybersecurity and process assur-
ance concerns. 
(2) BRIEFINGS.—Not later than 180 days after 
the date of the submittal of the plan under para-
graph (1), and biannually thereafter for five years, 
the Secretary of Defense shall provide to the appro-
135 
priate congressional committees a briefing on the 
progress toward the implementation of the plan. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Agriculture, Nutri-
tion, and Forestry and the Committee on Com-
merce, Science, and Transportation of the Sen-
ate; and 
(C) the Committee on Agriculture and the 
Committee on Science, Space, and Technology 
of the House of Representatives. 
(2) The term ‘‘bioindustrial manufacturing’’ 
means the use of living organisms, cells, tissues, en-
zymes, or cell-free systems to produce materials and 
products for non-pharmaceutical applications. 
(3) The term ‘‘manufacturing innovation insti-
tute’’ means a Manufacturing USA institute (as de-
scribed in section 34(d) of the National Institute of 
Standards and Technology Act (15 U.S.C. 278s(d))) 
that is funded by the Department of Defense.
136 
SEC. 215. ACTIVITIES TO SUPPORT THE USE OF METAL AD-
DITIVE 
MANUFACTURING 
FOR 
THE 
SUB-
SURFACE FLEET OF THE NAVY. 
(a) IN GENERAL.—The Secretary of the Navy shall 
carry out activities to support— 
(1) the development of additive manufacturing 
processes for the production of metal components 
and other metal-based materials for the subsurface 
fleet of the Navy; 
(2) the testing, evaluation, and qualification of 
such processes, components, and materials; and 
(3) the use of such processes, components, and 
materials to meet requirements and milestones appli-
cable to the subsurface fleet of the Navy. 
(b) FUNDING.—From amounts authorized to be ap-
propriated by this Act for shipbuilding concept advance 
design (PE 0603563N), as reflected in division D of this 
Act, the Secretary of the Navy is authorized to use up 
to $5,000,0000 to carry out the activities required under 
subsection (a). 
SEC. 216. DIGITAL MISSION OPERATIONS PLATFORM FOR 
THE SPACE FORCE. 
The Secretary of the Air Force is authorized to enter 
into one or more contracts for the procurement of a digital 
mission operations platform for the Space Force that—
137 
(1) is capable of providing systems operators 
with the ability to analyze system performance in a 
simulated mission environment; and 
(2) enables collaboration among such operators 
in a integrated, physics-based environment. 
SEC. 217. AIR-BREATHING TEST CAPACITY UPGRADE TO 
SUPPORT CRITICAL HYPERSONIC WEAPONS 
DEVELOPMENT. 
The Secretary of the Air Force shall carry out activi-
ties to upgrade the air breathing test facilities of the De-
partment of the Air Force to support critical hypersonic 
weapons development. The Secretary shall seek to com-
plete any upgrade made under this section, subject to 
availability of funds for such upgrade, not later than 24 
months after the upgrade is commenced. 
SEC. 218. INFORMATION ON USE OF COMMERCIAL SOFT-
WARE 
FOR 
THE 
WARFIGHTER 
MACHINE 
INTERFACE OF THE ARMY. 
(a) CERTIFICATION REQUIRED.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of the Army shall certify to the congressional de-
fense committees that the procurement process for incre-
ments of the warfighter machine interface procured after 
the date of the enactment of this Act will be carried out
138 
in accordance with section 3453 of title 10, United States 
Code. 
(b) MARKET RESEARCH AND REPORT.— 
(1) MARKET RESEARCH.—The Secretary of the 
Army shall conduct market research to identify com-
mercially available software to determine whether 
such software has the potential to fulfill the applica-
ble requirements of the warfighter machine interface 
program of the Army. 
(2) REPORT.—Not later than 30 days after the 
conclusion of the market research required under 
paragraph (1), the Secretary of the Army shall sub-
mit to the congressional defense committees a report 
on the on the results of the research, including a list 
of any commercial software identified as part of the 
research. 
SEC. 219. MEASURES TO INCREASE THE CAPACITY OF HIS-
TORICALLY BLACK COLLEGES AND UNIVER-
SITIES AND OTHER MINORITY-SERVING IN-
STITUTIONS TO ACHIEVE VERY HIGH RE-
SEARCH ACTIVITY STATUS. 
(a) PURPOSE.—The purpose of the program estab-
lished under this section is to provide additional pathways 
needed for further increasing capacity at historically Black 
colleges and universities and other minority-serving insti-
139 
tutions to achieve and maintain very high research activity 
status. 
(b) PROGRAM
TO INCREASE CAPACITY TOWARD 
ACHIEVING VERY HIGH RESEARCH ACTIVITY STATUS.— 
(1) PROGRAM.— 
(A) IN GENERAL.—The Secretary shall es-
tablish and carry out, using funds made avail-
able for research activities, a pilot program to 
increase capacity at high research activity sta-
tus historically Black colleges and universities 
and other minority-serving institutions toward 
achieving very high research activity status dur-
ing the grant period. 
(B) RECOMMENDATIONS.—In establishing 
such program, the Secretary may consider the 
recommendations pursuant to section 262 of 
the National Defense Authorization Act for Fis-
cal Year 2020 (Public Law 116–92; 10 U.S.C. 
4144 note) and section 220 of the National De-
fense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1597). 
(2) GRANTS AUTHORIZED.—The Secretary shall 
award, on a competitive basis, grants to eligible in-
stitutions to carry out the activities under paragraph 
(4)(A).
140 
(3) APPLICATION.—An eligible institution seek-
ing a grant under this section shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and containing such information and assurances 
as the Secretary may require, including a description 
of— 
(A) nascent research capabilities with re-
spect to research areas of interest to the De-
partment of Defense; 
(B) a plan for increasing the level of re-
search activity toward achieving very high re-
search activity status classification during the 
grant period, including measurable milestones 
such as growth in very high research activity 
status indicators and other relevant factors; 
(C) how such institution will sustain the 
increased level of research activity after the 
conclusion of the grant period; and 
(D) how the institution will evaluate and 
assess progress with respect to the implementa-
tion of the plan under subparagraph (B). 
(4) PROGRAM COMPONENTS.— 
(A) USE OF FUNDS.—An eligible institu-
tion that receives a grant under this section 
shall use the grant funds to support research
141 
activities with respect to research areas for 
STEM and critical technologies, as determined 
by the Secretary under subparagraph (B), in-
cluding— 
(i) faculty professional development; 
(ii) stipends for undergraduate and 
graduate students and post-doctoral schol-
ars; 
(iii) laboratory equipment and instru-
mentation; 
(iv) recruitment and retention of fac-
ulty and graduate students; 
(v) communication and dissemination 
of products produced during the grant pe-
riod; 
(vi) construction, modernization, reha-
bilitation, or retrofitting of facilities for re-
search purposes; and 
(vii) other activities necessary to build 
capacity in achieving very high research 
activity status indicators. 
(B) STRATEGIC AREAS OF SCIENTIFIC RE-
SEARCH.—The Secretary, in consultation with 
the Defense Science Board, shall establish and
142 
update, on an annual basis, a list of research 
areas for STEM and critical technologies. 
(C) RESEARCH PROGRESS REPORTING.— 
(i) IN GENERAL.—Not later than 3 
years after receiving a grant under this 
section, and every 3 years thereafter, an el-
igible institution shall submit to the Sec-
retary— 
(I) a report that includes an as-
sessment by the institution, using the 
criteria established in clause (ii), of 
the progress made by such institution 
with respect to achieving very high re-
search activity indicators; and 
(II) an updated plan described in 
paragraph (3)(B). 
(ii) RESEARCH
ASSESSMENT.—The 
Secretary, in partnership with the eligible 
institution, shall establish criteria for the 
report required under clause (i)(I). 
(D) GRANT
PERIOD.—A grant awarded 
under this section shall be for a period of not 
more than 10 years, to be determined by the 
Secretary.
143 
(E) EXPANSION
OF
ELIGIBILITY.—The 
Secretary may award grants under this section 
to historically Black colleges and universities 
and other minority-serving institutions that are 
not eligible institutions if the Secretary deter-
mines that the program can support such col-
leges, universities, and institutions while achiev-
ing the purpose of the program described in 
subsection (a). 
(5) EVALUATION.—Not later than 5 years after 
the date of the enactment of this Act, the Secretary 
shall prepare and submit a report to the Committees 
on Armed Services of the Senate and the House of 
Representatives providing an update on the pilot 
program, including— 
(A) activities carried out under the pilot 
program; 
(B) an analysis of the growth in very high 
research activity status indicators of eligible in-
stitutions that received a grant under this sec-
tion; and 
(C) emerging research areas of interest to 
the Department of Defense conducted by eligi-
ble institutions that received a grant under this 
section.
144 
(6) TERMINATION.—The authority of the Sec-
retary to award grants under the pilot program es-
tablished by this section shall terminate 10 years 
after the date on which the Secretary establishes 
such program. 
(7) REPORT
TO
CONGRESS.—Not later than 
180 days after the termination of the pilot program 
under paragraph (6), the Secretary shall prepare 
and submit a report to the Committees on Armed 
Services of the Senate and the House of Representa-
tives on the pilot program that includes the fol-
lowing: 
(A) An analysis of the growth in very high 
research activity status indicators of eligible in-
stitutions that received a grant under this sec-
tion. 
(B) An evaluation on the effectiveness of 
the program in increasing the research capacity 
of eligible institutions that received a grant 
under this section. 
(C) An description of how institutions that 
have achieved very high research activity status 
plan to sustain that status beyond the duration 
of the program.
145 
(D) An evaluation of the maintenance of 
very high research status by eligible institutions 
that received a grant under this section. 
(E) An evaluation of the effectiveness of 
the program in increasing the diversity of stu-
dents conducting high quality research in 
unique areas. 
(F) Recommendations with respect to fur-
ther activities and investments necessary to ele-
vate the research status of historically Black 
colleges and universities and other minority- 
serving institutions. 
(G) Recommendations on whether the pro-
gram established under this section should be 
renewed or expanded. 
(c) CONSULTATION.—In designing the program 
under this section, the Secretary of Defense may consult 
with the President’s Board of Advisors on historically 
Black colleges and universities. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible institution’’ means a his-
torically Black college or university or other minor-
ity-serving institution that is classified as a high re-
search activity status institution at the time of appli-
cation for a grant under subsection (b).
146 
(2) The term ‘‘high research activity status’’ 
means R2 status, as classified by the Carnegie Clas-
sification of Institutions of Higher Education. 
(3) The term ‘‘historically Black college or uni-
versity’’ has the meaning given the term ‘‘part B in-
stitution’’ under section 322 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061). 
(4) The term ‘‘other minority-serving institu-
tion’’ means an institution of higher education speci-
fied in paragraphs (2) through (7) of section 371(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1067q(a)). 
(5) The term ‘‘Secretary’’ means the Secretary 
of Defense. 
(6) The term ‘‘very high research activity sta-
tus’’ means R1 status, as classified by the Carnegie 
Classification of Institutions of Higher Education. 
(7) The term ‘‘very high research activity status 
indicators’’ means the categories used by the Car-
negie Classification of Institutions of Higher Edu-
cation to delineate which institutions have very high 
activity status, including— 
(A) annual expenditures in science and en-
gineering;
147 
(B) per-capita (faculty member) expendi-
tures in science and engineering; 
(C) annual expenditures in non-science and 
engineering fields; 
(D) per-capita (faculty member) expendi-
tures in non-science and engineering fields; 
(E) doctorates awarded in science, tech-
nology, engineering, and mathematics fields; 
(F) doctorates awarded in social science 
fields; 
(G) doctorates awarded in the humanities; 
(H) doctorates awarded in other fields with 
a research emphasis; 
(I) total number of research staff including 
postdoctoral researchers; 
(J) other doctorate-holding non-faculty re-
searchers in science and engineering and per- 
capita (faculty) number of doctorate-level re-
search staff including post-doctoral researchers; 
and 
(K) other categories utilized to determine 
classification.
148 
SEC. 220. PILOT PROGRAM TO SUPPORT THE DEVELOP-
MENT OF PATENTABLE INVENTIONS IN THE 
DEPARTMENT OF THE NAVY. 
(a) IN GENERAL.—Beginning not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of the Navy shall carry out a pilot program to ex-
pand the support available to covered personnel who seek 
to engage in the development of patentable inventions 
that— 
(1) have applicablity to the job-related functions 
of such personnel; and 
(2) may have applicability in the civilian sector. 
(b) ACTIVITIES.—As part of the pilot program under 
subsection (a), the Secretary of the Navy shall— 
(1) expand outreach to covered personnel re-
garding the availability of patent-related training, 
legal assistance, and other support for personnel in-
terested in developing patentable inventions; 
(2) expand the availability of patent-related 
training to covered personnel, including by making 
such training available online; 
(3) clarify and issue guidance detailing how 
covered personnel, including personnel outside of the 
laboratories and other research organizations of the 
Department of the Navy, may—
149 
(A) seek and receive support for the devel-
opment of patentable inventions; and 
(B) receive a portion of any royalty or 
other payment as an inventor or coinventor 
such 
as 
may 
be 
due 
under 
section 
14(a)(1)(A)(i) of the Stevension-Wylder Tech-
nology Innovation Act of 1980 (15 U.S.C. 
3710c(a)(1)(A)(i)); and 
(4) carry out other such activities as the Sec-
retary determines appropriate in accordance with the 
purposes of the pilot program. 
(c) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate three 
years after the date of the enactment of this Act. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered personnel’’ means mem-
bers of the Navy and Marine Corps and civilian em-
ployees of the Department of the Navy, including 
members and employees whose primary duties do 
not involve research and development. 
(2) The term ‘‘patentable invention’’ means an 
invention that is patentable under title 35, United 
States Code.
150 
SEC. 221. PILOT PROGRAM TO FACILITATE THE RESEARCH, 
DEVELOPMENT, AND PRODUCTION OF AD-
VANCED 
BATTERY 
TECHNOLOGIES 
FOR 
WARFIGHTERS. 
(a) ESTABLISHMENT.—The Secretary of Defense 
shall carry out a pilot program to be known as the ‘‘Amer-
ican Sustainable Battery Production Technologies Pro-
gram’’ (referred to in this section as the ‘‘Program’’). 
Under the Program, the Secretary shall seek to award as-
sistance to eligible entities to facilitate the research, devel-
opment, and production of electric battery technologies 
that may be useful for defense-related purposes. 
(b) COORDINATION WITH RELATED PROGRAMS.— 
The Secretary of Defense shall ensure that activities under 
the Program are coordinated with— 
(1) the Strategic Environmental Research and 
Development Program under section 2901 of title 
10, United States Code; and 
(2) the Department of Energy, including by 
taking into consideration the potential military ap-
plication of battery technologies developed by entities 
awarded grants by the Department under section 
40207 of the Infrastructure Investment and Jobs 
Act (Public law 117–58; 42 U.S.C. 18741).
151 
(c) PROGRAM ACTIVITIES.—Under the Program, the 
Secretary of Defense shall seek to award assistance to eli-
gible entities— 
(1) to conduct research and development into 
electric battery technologies and any associated man-
ufacturing and production needs; 
(2) to expand the battery recycling capabilities 
of the Department of Defense; 
(3) to reduce the reliance of the Department of 
Defense on foreign competitors for critical materials 
and technologies, including rare earth materials; and 
(4) to transition battery technologies, including 
technologies developed from other pilot programs, 
prototype projects, or other research and develop-
ment programs, from the prototyping phase to pro-
duction. 
(d) FORM OF ASSISTANCE.—Assistance awarded to 
an eligible entity under the Program may consist of a 
grant, a contract, a cooperative agreement, other trans-
action, or such other form of assistance as the Secretary 
of Defense considers appropriate. 
(e) PRIORITY CONSIDERATION.—In awarding assist-
ance to eligible entities under the Program, the Secretary 
of Defense shall give priority to entities that—
152 
(1) are located in and operate in the United 
States, including any manufacturing operations; 
(2) are owned by a United States entity; and 
(3) deploy North American-owned intellectual 
property and content. 
(f) DATA COLLECTION.—The Secretary of Defense 
shall collect and analyze data on the Program for the pur-
poses of— 
(1) developing and sharing best practices for 
achieving the objectives of the Program; 
(2) providing information to the Secretary on 
the implementation of the Program, and related pol-
icy issues; and 
(3) reporting to the congressional defense com-
mittees in accordance with subsection (h). 
(g) TERMINATION.—The Program shall terminate on 
the date that is six years after the date of the enactment 
of this Act. 
(h) REPORTS.— 
(1) ANNUAL
REPORTS.—Not later than one 
year after the date of the enactment of this Act and 
annually thereafter until the date on which the Pro-
gram terminates under subsection (g), the Secretary 
of Defense shall submit to the appropriate congres-
sional committees a report on the use of funds under
153 
the Program. Each report shall include the fol-
lowing: 
(A) An explanation of whether and to what 
extent the assistance awarded to eligible entities 
under the Program met mission requirements 
during the period covered by the report, includ-
ing— 
(i) the value of the assistance award-
ed, including the value of each grant, con-
tract, cooperative agreement, other trans-
action, or other form of assistance; and 
(ii) a description of the research, tech-
nology, or capabilities funded with such as-
sistance. 
(B) A description of any research, tech-
nology, or capabilities being tested under the 
Program as of the date of the report together 
with an explanation of how the Secretary has 
applied, or expects to apply, such research, 
technology, or capabilities within the Depart-
ment of Defense. 
(2) FINAL REPORT.—Not later than one year 
after the date on which the Program terminates 
under subsection (g), the Secretary of Defense shall 
submit to the appropriate congressional committees
154 
a final report on the results of the Program. Such 
report shall include— 
(A) a summary of the objectives achieved 
by the Program; and 
(B) recommendations regarding the steps 
that may be taken to promote battery tech-
nologies that are not dependent on foreign com-
petitors to meet the needs of the Armed Forces. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Energy and Com-
merce and the Committee on Science, Space, 
and Technology of the House of Representa-
tives; and 
(C) the Committee on Energy and Natural 
Resources and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) The term ‘‘eligible entity’’ means a battery 
producer or other entity involved in the battery pro-
duction supply chain.
155 
SEC. 222. PILOT PROGRAM ON RESEARCH AND DEVELOP-
MENT OF PLANT-BASED PROTEIN FOR THE 
NAVY. 
(a) ESTABLISHMENT.—Not later than March 1, 
2023, the Secretary of the Navy shall establish and carry 
out a pilot program to offer plant-based protein options 
at forward operating bases for consumption by members 
of the Navy. 
(b) LOCATIONS.—Not later than March 1, 2023, the 
Secretary shall identify not fewer than two naval facilities 
to participate in the pilot program and shall prioritize fa-
cilities (such as Joint Region Marianas, Guam, Navy Sup-
port Facility, Diego Garcia, and U.S. Fleet Activities 
Sasebo, Japan) where livestock-based protein options may 
be costly to obtain or store. 
(c) AUTHORITIES.—In establishing and carrying out 
the pilot program under subsection (a), the Secretary of 
the Navy may use the following authorities: 
(1) The authority to carry out research and de-
velopment projects under section 4001 of title 10, 
United States Code. 
(2) The authority to enter into transactions 
other than contracts and grants under section 4021 
of such title.
156 
(3) The authority to enter into cooperative re-
search and development agreements under section 
4026 of such title. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to prevent offering livestock-based pro-
tein options alongside plant-based protein options at naval 
facilities identified under subsection (b). 
(e) TERMINATION.—The requirement to carry out the 
pilot program established under this section shall termi-
nate three years after the date on which the Secretary es-
tablishes the pilot program required under this section. 
(f) REPORT.—Not later than one year after the ter-
mination of the pilot program, the Secretary shall submit 
to the appropriate congressional committees a report on 
the pilot program that includes the following: 
(1) The consumption rate of plant-based pro-
tein options by members of the Navy under the pilot 
program. 
(2) Effective criteria to increase plant-based 
protein options at naval facilities not identified 
under subsection (b). 
(3) An analysis of the costs of obtaining and 
storing plant-based protein options compared to the 
costs of obtaining and storing livestock-based protein 
options at selected naval facilities.
157 
(g) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services of 
the House of Representatives; and 
(B) the Committee on Armed Forces of the 
Senate. 
(2) PLANT-BASED
PROTEIN
OPTIONS.—The 
term ‘‘plant-based protein options’’ means edible 
vegan or vegetarian meat alternative products made 
using plant and other non-livestock-based proteins. 
SEC. 223. ALLOWABLE USES OF FUNDS UNDER THE COM-
MERCIAL WEATHER DATA PILOT PROGRAM 
OF THE AIR FORCE. 
Funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2023 for the Air 
Force for the Commercial Weather Data Pilot Program 
may be used only for the piloting and demonstration of 
radio occultation data for use in weather models. 
SEC. 224. PILOT PROGRAM ON USE OF DIGITAL TWIN TECH-
NOLOGIES IN THE ARMED FORCES. 
(a) IN GENERAL.—Each Secretary of a military de-
partment shall carry out a pilot program under which the 
Secretary identifies, for each Armed Force under the juris-
158 
diction of such Secretary, not fewer than one and not more 
than three new areas in which digital twin technology may 
be implemented to improve the operations of the Armed 
Force. To the extent practicable, consideration shall be 
given to operations involving reduced manpower and au-
tonomous systems. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, each Secretary of a military 
department shall submit to the congressional defense com-
mittees a report that includes— 
(1) a description of each proposed area in which 
digital twin technology may be implemented in ac-
cordance with subsection (a); 
(2) a plan for such implementation; and 
(3) an explanation of any additional funding re-
quired for such implementation. 
SEC. 225. FUNDING FOR ADVANCED ABOVE WATER SEN-
SORS. 
(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, Navy, as specified in 
the corresponding funding table in section 4201, for sys-
tem development & demonstration, advanced above water
159 
sensors (PE 0604501N), line 129, is hereby increased by 
$24,004,000. 
(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 
440, is hereby reduced by $24,004,000. 
SEC. 226. BIOFUEL AND FUEL CELL VEHICLE RESEARCH, 
DEVELOPMENT, AND DEMONSTRATION PRO-
GRAM. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a research, development, and demonstration pro-
gram for a commercially viable fuel cell system that uses 
biofuel as a fuel source for a vehicle. 
(b) RESEARCH GOALS.—The Secretary of Defense 
shall establish interim research and development goals 
that will result in the demonstration of commercially via-
ble fuel cell systems that utilize biofuels as a fuel source, 
including the following: 
(1) Innovative stack designs and components, 
including— 
(A) catalysts; 
(B) membranes and electrolytes;
160 
(C) interconnects; 
(D) seals; and 
(E) metal- or electrolyte-supported stack 
cell designs. 
(2) Variety of renewable energy sources, includ-
ing ethanol and other biomass. 
(3) Technologies that enable fuel cell durability 
and fuel cell durability testing. 
(4) Systems designs and component integration 
that optimize efficiency, cost, transient response, 
and lifetime. 
(c) COORDINATION.—In carrying out the activities 
under this section, the Secretary of Defense shall coordi-
nate with— 
(1) appropriate Federal agencies, including the 
Department of Agriculture and the Department of 
Transportation; 
(2) National Laboratories; and 
(3) relevant industry stakeholders, non-govern-
ment organizations, and trade associations. 
SEC. 227. RADAR OBSTRUCTION RESEARCH, DEVELOP-
MENT, TEST, AND EVALUATION PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Defense, in 
conjunction with the Director of the National Weather 
Service, the Administrator of the Federal Aviation Admin-
161 
istration, the Secretary of Commerce, and the Secretary 
of Energy shall establish a research, development, test, 
and evaluation program (in this Act referred to as the 
‘‘Program’’) to ensure the continued performance of 
weather radar detection and prediction capabilities with 
physical obstructions in the radar line of sight. 
(b) REQUIREMENTS.—In carrying out the Program, 
the Secretary of Defense, in consultation with the Inter-
agency Council for Advancing Meteorological Services, 
shall— 
(1) partner with industry, academia, Federal, 
State, and local government entities, and any other 
entity that the Secretary considers appropriate; 
(2) identify and test existing or near-commer-
cial technologies and solutions that mitigate the po-
tential impact of obstructions on a weather radar; 
(3) research additional solutions that could 
mitigate the effects of an obstruction on weather 
radar, including— 
(A) signal processing algorithms; 
(B) short-term forecasting algorithms to 
replace contaminated data; and 
(C) the use of dual polarization character-
istics in mitigating the effects of wind turbines 
on weather radar; and
162 
(4) develop commercially viable technical miti-
gation solutions for obstructions to weather radar 
capabilities. 
(c) PRIORITY.—In carrying out the requirements de-
scribed in subsection (b), the Secretary of Defense shall 
prioritize consideration of— 
(1) multifunction phased array radar; 
(2) the replacement of contaminated data with 
commercial radar data; 
(3) the utilization of data from private-sector- 
associated meteorological towers; 
(4) providing wind farm boundaries and consoli-
dated wind farm areas to display on local forecasting 
equipment; 
(5) installing and providing access to rain 
gauges; and 
(6) any other technology-based mitigation solu-
tion that the Director of the National Weather Serv-
ice determines could overcome beam blockage or 
ghost echoes. 
(d) TERMINATION.—The authority of the Secretary 
of Defense to carry out the Program shall terminate on 
the earlier of— 
(1) September 30, 2026; or
164 
(1) BEAM BLOCKAGE.—The term ‘‘beam block-
age’’ means a signal that is partially or fully blocked 
due to an obstruction. 
(2) GHOST
ECHO.—The term ‘‘ghost echo’’ 
means radar signal reflectivity or velocity return er-
rors in radar data due to the close proximity of an 
obstruction. 
(3) OBSTRUCTION.—The term obstruction in-
cludes— 
(A) a wind turbine that could limit the ef-
fectiveness of a weather radar system; and 
(B) any building that disrupts or limits the 
effectiveness of a weather radar system. 
SEC. 228. FUNDING FOR RESEARCH AND DEVELOPMENT 
RELATING TO RARE EARTH ELEMENTS. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated for the National Defense 
Stockpile Transaction Fund, as specified the funding table 
in section 4501, is hereby increased by $2,000,000 (with 
the amount of such increase to be used strengthen and 
implement the domestic industrial base for rare earth 
metallization related to permanent magnet production and 
related projects).
165 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 201 for research, develop-
ment, test, and evaluation, Army, as specified in the cor-
responding funding table in section 4201, for system de-
velopment & demonstration, integrated personnel and pay 
system-Army (IPPS-A) (PE 0605018A), line 123, is here-
by reduced by $2,000,000. 
SEC. 229. FUNDING FOR NATIONAL DEFENSE EDUCATION 
PROGRAM. 
(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, Defense-wide, as speci-
fied in the corresponding funding table in section 4201, 
for basic research, National Defense Education Program, 
line 006, is hereby increased by $5,000,000. 
(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, Washington Headquarters Services, 
line 500, is hereby reduced by $5,000,000.
166 
SEC. 229A. FUNDING FOR HIGH ENERGY LASER AND CER-
TAIN EMERGING TECHNOLOGY INITIATIVES. 
(a) FUNDING FOR HIGH ENERGY LASER.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section 201 
for research, development, test, and evaluation, 
Army, as specified in the corresponding funding 
table in section 4201, for advanced technology devel-
opment, air and missile defense advanced technology 
(PE 0603466A), line 048, Counter-Unmanned Aer-
ial Systems Palatized-High Energy Laser is hereby 
increased by $25,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 201 for re-
search, development, test, and evaluation, Army, as 
specified in the corresponding funding table in sec-
tion 4201, for advanced technology development, air 
and missile defense advanced technology (PE 
0603466A), line 048, Program Increase is hereby 
reduced by $25,000,000. 
(b) FUNDING FOR EMERGING TECHNOLOGY INITIA-
TIVES.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the
167 
amount authorized to be appropriated in section 201 
for research, development, test, and evaluation, 
Army, as specified in the corresponding funding 
table in section 4201, for system development & 
demonstration, emerging technology initiatives (PE 
0605054A), line 136, Program Increase (10kw-50kw 
DE-MSHORAD) 
is 
hereby 
increased 
by 
$70,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 201 for re-
search, development, test, and evaluation, Army, as 
specified in the corresponding funding table in sec-
tion 4201, for system development & demonstration, 
emerging technology initiatives (PE 0605054A), line 
136, 
Program 
increase 
(10kw–50kw 
DE- 
MSHORAD) and C-UAS P-HEL is hereby reduced 
by $70,000,000. 
SEC. 229B. DEPARTMENT OF DEFENSE ADVANCED TECH-
NOLOGY 
INVESTMENT 
INCENTIVE 
PILOT 
PROGRAM. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations for this purpose, the Secretary of De-
fense shall carry out a pilot program to accelerate
168 
the development of advanced technology for national 
security by creating incentives for trusted private 
capital in domestic small businesses or nontradi-
tional businesses that are developing technology that 
the Secretary considers necessary to support the 
modernization of the Department of Defense and 
national security priorities. 
(2) PURPOSES.—The purposes of the pilot pro-
gram required by this subsection are as follows: 
(A) To promote the global superiority of 
the United States in advanced technologies of 
importance to national security, which are not 
adequately supported by private sector invest-
ment. 
(B) To accelerate the transition and de-
ployment of advanced technologies into the 
Armed Forces. 
(C) To support Department spending 
through a loan guarantee to accelerate develop-
ment of advanced technology as described in 
paragraph (1). 
(b) PUBLIC-PRIVATE PARTNERSHIP.— 
(1) IN GENERAL.—In carrying out subsection 
(a), the Secretary shall enter into a public-private 
partnership with one or more persons using criteria
169 
that the Secretary shall establish for purposes of 
this subsection. 
(2) CRITERIA.—The criteria established under 
paragraph (1) for entering into a public-private 
partnership with a person shall include the following: 
(A) The person shall be independent. 
(B) The person shall be free from foreign 
oversight, control, influence, or beneficial own-
ership. 
(C) The person shall have commercial pri-
vate capital fund experience with technology de-
velopment in the defense and commercial sec-
tors. 
(D) The person shall be eligible for access 
to classified information (as defined in the pro-
cedures established pursuant to section 801(a) 
of the National Security Act of 1947 (50 
U.S.C. 3161(a))). 
(3) OPERATING
AGREEMENT.—The Secretary 
and a person with whom the Secretary enters a part-
nership under paragraph (1) shall enter into an op-
erating agreement that sets forth the roles, respon-
sibilities, authorities, reporting requirements, and 
governance framework for the partnership and its 
operations.
170 
(c) INVESTMENT OF EQUITY.— 
(1) Pursuant to a public-private partnership en-
tered into under subsection (c), a person with whom 
the Secretary has entered the partnership shall in-
vest equity in domestic small businesses or nontradi-
tional businesses consistent with subsection (a). 
(2) Investments under paragraph (1) shall be 
selected based on their technical merit, economic 
considerations, and ability to support modernization 
goals of the Department. 
(d) BRIEFINGS AND REPORTS.— 
(1) INITIAL BRIEFING AND REPORT.—Not later 
than one year after the date of the enactment of this 
Act, the Secretary shall provide to the congressional 
defense committees a briefing on the implementation 
of this section and a report on the feasibility of im-
plementing loan guarantees to enhance the effective-
ness of the pilot program under subsection (a), in-
cluding— 
(A) a detailed description of how loan 
guarantees would be vetted, approved, and 
managed, including mechanisms to protect the 
government’s interests; and
172 
(3) The term ‘‘free from foreign oversight, con-
trol, influence, or beneficial 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 is otherwise free from foreign oversight, 
control, influence, or beneficial ownership. 
(4) The term ‘‘independent’’, with respect to a 
person, means a person who lacks a conflict of inter-
est accomplished by not having entity or manager 
affiliation or ownership with an existing fund. 
(5) The term ‘‘nontraditional business’’ has the 
meaning given the term ‘‘nontraditional defense con-
tractors’’ in section 3014 of title 10, United States 
Code. 
(6) The term ‘‘small business’’ has the meaning 
given the term ‘‘small business concern’’ in section 
3 of the Small Business Act (15 U.S.C. 632). 
SEC. 229C. FUNDING FOR DEVELOPMENT OF MEASURES TO 
PREVENT INFECTIONS CAUSED BY SEVERE 
FRACTURES. 
(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 ad-
174 
to support the advancement of research into the effects 
of head-supported mass on cervical spine health). 
(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 
440, is hereby reduced by $5,000,000. 
SEC. 229E. REQUIREMENT FOR SEPARATE PROGRAM ELE-
MENT FOR THE MULTI-MEDICINE MANUFAC-
TURING PLATFORM PROGRAM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) Congress has maintained a strong interest 
in critical materials subject to significant supply 
chain disruptions, particularly those for which the 
predominant supply sources are potential adver-
saries; 
(2) as a result, Congress wishes to increase 
transparency regarding funding and progress of the 
multi-medicine manufacturing platform program of 
the Office of Naval Research; and 
(3) that program’s unique manufacturing plat-
form will ensure that members of the armed forces
175 
have access to essential medicines, particularly for 
those deployed, whether on land or at sea. 
(b) PROGRAM ELEMENT REQUIRED.—In the mate-
rials submitted by the Secretary of the Navy in support 
of the budget of the President for fiscal year 2025 and 
each fiscal year thereafter (as submitted to Congress pur-
suant to section 1105 of title 31, United States Code), 
the Secretary shall include a separate program element for 
the multi-medicine manufacturing platform program 
under the accounts of the Office of Naval Research. 
Subtitle C—Plans, Reports, and 
Other Matters 
SEC. 231. MODIFICATION OF NATIONAL SECURITY STRAT-
EGY FOR 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 para-
graph: 
‘‘(12) Providing for the research and develop-
ment of sustainable and secure food sources, includ-
ing food innovation and alternative protein develop-
ment, in consultation with the Secretary of Agri-
culture.’’.
176 
SEC. 232. DEFENSE ADVANCED RESEARCH PROJECTS 
AGENCY 
INNOVATION 
FELLOWSHIP 
PRO-
GRAM. 
(a) IN GENERAL.—The Director of the Defense Ad-
vanced Research Projects Agency shall develop a plan for 
the establishment of a fellowship program (to be known 
as the ‘‘Innovation Fellowship Program’’) to expand op-
portunities for early career scientists to participate in the 
programs, projects, and other activities of the Agency. 
(b) ELEMENTS.—In developing the plan under sub-
section (a), the Director of the Defense Advanced Re-
search Projects Agency shall— 
(1) review the programs, projects, and other ac-
tivities of the Agency that are open to participation 
from early career scientists to identify opportunities 
for the expansion of such participation; 
(2) conduct an assessment of the potential costs 
of the fellowship program described in subsection 
(a); 
(3) establish detailed plans for the implementa-
tion of the fellowship program; 
(4) define eligibility requirements for partici-
pants in the fellowship program; 
(5) identify criteria for evaluating applicants to 
the fellowship program; and
177 
(6) address such other matters as the Director 
determines appropriate. 
(c) SUBMITTAL TO CONGRESS.—Not later than 180 
days after the date of the enactment of this Act, the Direc-
tor of the Defense Advanced Research Projects Agency 
shall submit to the congressional defense committee a re-
port that includes— 
(1) the plan developed under subsection (a); 
and 
(2) recommendations for expanding opportuni-
ties for early career scientists to participate in the 
programs, projects, and other activities of the Agen-
cy. 
SEC. 233. REPORT ON EFFORTS TO INCREASE THE PARTICI-
PATION OF HISTORICALLY BLACK COLLEGES 
AND UNIVERSITIES AND OTHER MINORITY- 
SERVING INSTITUTIONS IN THE RESEARCH 
AND DEVELOPMENT ACTIVITIES OF THE DE-
PARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Under 
Secretary of Defense for Research and Engineering shall 
submit to the congressional defense committees a report 
on measures that may be implemented to increase the par-
ticipation of historically Black colleges and universities
178 
and other minority-serving institutions in the research, de-
velopment, test, and evaluation activities of the Depart-
ment of Defense. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) A strategy for the provision of long-term in-
stitutional support to historically Black colleges and 
universities and other minority-serving institutions, 
including support for— 
(A) the development and enhancement of 
the physical research infrastructure of such in-
stitutions; and 
(B) the research activities of such institu-
tions. 
(2) An evaluation of the feasibility of expanding 
the support provided by the Department of Defense 
to historically Black colleges and universities and 
other minority-serving institutions to include support 
for the development or enhancement of grant and 
contract administration capabilities at such institu-
tions. 
(3) An evaluation of options to strengthen sup-
port for historically Black colleges and universities 
and other minority-serving institutions within the 
military departments and other organizations and
179 
elements of the Department, including an evaluation 
of the need for and feasibility of establishing dedi-
cated organizations within the Army, Navy, Marine 
Corps, Air Force, and Space Force to increase en-
gagement with such institutions. 
(4) A review of the adequacy of the level of 
staffing within the Department that is dedicated to 
engagement with historically Black colleges and uni-
versities and other minority-serving institutions. 
(5) A plan to improve data collection and eval-
uation with respect to historically Black colleges and 
universities and other minority-serving institutions, 
including— 
(A) harmonization of standards with re-
spect to the type, detail, and organization of 
data on such institutions; 
(B) improving the completeness of data 
submissions regarding such institutions; 
(C) improving the retention of data on 
such institutions across the Department; 
(D) additional data collection specific to 
such institutions, including data on— 
(i) the rates at which such institutions 
submit proposals for grants and contracts 
from the Department, the success rates of
184 
SEC. 234. ASSESSMENT OF TEST INFRASTRUCTURE AND 
PRIORITIES RELATED TO HYPERSONIC CAPA-
BILITIES AND RELATED TECHNOLOGIES AND 
HYPERSONIC TEST STRATEGY. 
(a) ASSESSMENT.—The Secretary of Defense shall 
assess the capacity of the Department of Defense to test, 
evaluate, and qualify the hypersonic capabilities and re-
lated technologies of the Department. 
(b) ELEMENTS.—The assessment under subsection 
(a) shall include the following: 
(1) An identification of facilities of other de-
partments and agencies of the Federal Government 
and academia and industry testing facilities relevant 
to the capacity described in subsection (a). 
(2) An analysis of the capability of each test fa-
cility to simulate various individual and coupled 
hypersonic conditions to accurately simulate a real-
istic flight-like environment with all relevant aero- 
thermochemical conditions. 
(3) An identification of the coordination, sched-
uling, reimbursement processes, and requirements 
needed for the potential use of test facilities of other 
departments and agencies of the Federal Govern-
ment, as available. 
(4) An analysis of the test frequency, sched-
uling lead time, test cost, and capacity of each test
185 
facility relating to testing technologies of the De-
partment for hypersonic flight. 
(5) A review of academia, contractor-owned, 
commercial ground and flight testbeds that could en-
hance efforts to test flight vehicles of the Depart-
ment in all phases of hypersonic flight, and other 
technologies, including sensors, communications, 
thermal protective shields and materials, optical win-
dows, navigation, and environmental sensors. 
(6) An assessment of any cost- and time-sav-
ings that could result from using technologies identi-
fied in the strategy under subsection (c). 
(c) STRATEGY.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate 
congressional committees a strategy to coordinate 
the potential use of test facilities and ranges of 
other departments and agencies of the Federal Gov-
ernment, as available, and academia, contractor- 
owned, commercial flight and reentry test capabili-
ties to evaluate hypersonic technologies. 
(2) ELEMENTS.—The strategy under paragraph 
(1) shall—
186 
(A) be based on the assessment under sub-
section (a); 
(B) address how the Secretary will coordi-
nate with other departments and agencies of 
the Federal Government, including the National 
Aeronautics and Space Administration, to plan 
for and schedule the potential use of other Fed-
eral Government-owned test facilities and 
ranges, as available, to evaluate the hypersonic 
technologies of the Department of Defense; 
(C) to the extent practicable, address in 
what cases the Secretary can use academia, 
contractor-owned, commercial flight and reentry 
test capabilities to fill any existing testing re-
quirement gaps to enhance and accelerate flight 
qualification of critical hypersonic technologies 
of the Department; 
(D) identify— 
(i) the resources needed to improve 
the frequency and capacity for testing 
hypersonic technologies of the Department 
at ground-based test facilities and flight 
test ranges; 
(ii) the resources needed to reimburse 
other departments and agencies of the
187 
Federal Government for the use of the test 
facilities and ranges of those departments 
or agencies to test the hypersonics tech-
nologies of the Department; 
(iii) the requirements, approval proc-
esses, and resources needed to enhance, as 
appropriate, the testing capabilities and ca-
pacity of other Federal Government-owned 
test facilities and flight ranges, in coordi-
nation with the heads of the relevant de-
partments and agencies; 
(iv) investments that the Secretary 
can make to incorporate academia, con-
tractor-owned, commercial ground and 
flight testbeds into the overall hypersonic 
test infrastructure of the Department of 
Defense; and 
(v) the environmental conditions, test-
ing sizes, and duration required for flight 
qualification of both hypersonic cruise and 
hypersonic boost-glide technologies of the 
Department; and 
(E) address all advanced or emerging tech-
nologies that could shorten timelines and reduce
188 
costs for hypersonic missile testing, including 
with respect to— 
(i) 3D printing of hypersonic test mis-
sile components including the frame, war-
head, and propulsion systems; 
(ii) reusable hypersonic test beds, in-
cluding air-sea-and ground launched op-
tions; 
(iii) additive manufacturing solutions; 
(iv) qualified airborne B–52 alter-
native platforms to provide improved flight 
schedules; and 
(v) other relevant technologies. 
(3) COORDINATION.—The Secretary shall de-
velop the strategy under paragraph (1) in coordina-
tion with the Joint Hypersonic Transition Office, the 
Administrator of the National Aeronautics and 
Space Administration, the research labs of the mili-
tary departments, and the Defense Test Resource 
Management Center. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—The term ‘‘appropriate congressional commit-
tees’’ means the following: 
(1) The congressional defense committees.
189 
(2) The Committee on Science, Space, and 
Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
SEC. 235. INDEPENDENT REVIEW AND ASSESSMENT OF 
TEST AND EVALUATION RESOURCE PLAN-
NING. 
(a) REVIEW AND ASSESSMENT.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall seek to enter into an agreement 
with a federally funded research and development center 
to conduct an independent review and assessment of the 
Strategic Plan for Test Resources, as prepared by the De-
partment of Defense Test Resource Management Center. 
(b) ELEMENTS.—The review and assessment under 
subsection (a) shall include the following: 
(1) An assessment of the adequacy of the 30- 
year planning horizon that serves as the basis for 
the Strategic Plan for Test Resources. 
(2) An assessment of whether and to what ex-
tent prior forecasts of the test and evaluation needs 
of the Department of Defense align with investments 
made by the Department in test and evaluation re-
sources. 
(3) An identification and assessment of—
190 
(A) any shortcomings in the infrastructure, 
personnel, and equipment of the test and eval-
uation enterprise of the Department; and 
(B) any risks that the status of such enter-
prise may pose with respect to the ability of the 
Department to meet its current and future test 
and evaluation needs. 
(4) An assessment of whether and to what ex-
tent the test and evaluation efforts of the Depart-
ment sufficiently address software-intensive, multi- 
domain, and continuously developed capabilities. 
(5) Such other matters as the Secretary of De-
fense determines appropriate. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date on which the Secretary of Defense enters 
into an agreement with a federally funded research and 
development center under subsection (a), the center shall 
submit to the Secretary and the congressional defense 
committees a report on the results of the study conducted 
under such subsection. 
SEC. 236. STUDY ON COSTS ASSOCIATED WITH UNDERPER-
FORMING 
SOFTWARE 
AND 
INFORMATION 
TECHNOLOGY. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall seek to enter into a contract with a federally funded
191 
research and development center to conduct an inde-
pendent study on the impacts, and challenges associated 
with the use of software and information technology, in-
cluding potential solutions to such challenges. 
(b) ELEMENTS.—The independent study conducted 
under subsection (a) shall include the following: 
(1) A survey of members of the Armed Forces 
under the jurisdiction of a Secretary of a military 
department to identify the most important software 
and information technology challenges that result in 
lost working hours, including an estimate of the 
number and cost of lost working hours for each mili-
tary department, the impact of each challenge on re-
tention, and the negative impact to any mission. 
(2) A summary of the policy or technical chal-
lenges that limit the ability of each Secretary of a 
military department to implement needed software 
and information technology reforms, based on inter-
views conducted with individuals who serve as chief 
information officer (or an equivalent position) in a 
military department. 
(3) Recommendations to address the challenges 
described in paragraph (1) and improve the proc-
esses through which the Secretary provides software 
and information technology Departmentwide.
192 
(c) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, a federally 
funded research and development center described in sub-
section (a) shall submit to the Secretary of Defense and 
the congressional defense committees a report on any 
independent study conducted under this section. 
(d) SOFTWARE AND INFORMATION TECHNOLOGY DE-
FINED.—In this section, the term ‘‘software and informa-
tion technology’’ does not include embedded software and 
information technology used for weapon systems. 
SEC. 237. STUDY AND REPORT ON SUFFICIENCY OF TEST 
AND EVALUATION RESOURCES FOR CERTAIN 
MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) STUDY.—The Director of Operational Test and 
Evaluation of the Department of Defense shall conduct 
a study of at least one major defense acquisition program 
within each covered Armed Force to determine the suffi-
ciency of the test and evaluation resources supporting such 
program. 
(b) ELEMENTS.—The study under subsection (a) 
shall include, with respect to each major defense acquisi-
tion program evaluated as part of the study, the following: 
(1) Identification of the test and evaluation re-
sources supporting the program as of the date of the 
study.
193 
(2) An evaluation of whether and to what ex-
tent such resources are sufficient to meet the needs 
of the program assuming that test and evaluation 
resources allocated for other purposes will not be re-
allocated to support the program in the future. 
(3) If the test and evaluation resources identi-
fied under paragraph (1) are insufficient to meet the 
needs of the program, an evaluation of the amount 
of additional funding required to ensure the suffi-
ciency of such resources. 
(4) The amount of Government-funded, con-
tractor-provided test and evaluation resources that 
are currently provided or are planned to be provided 
as part of the program of record. 
(5) The future availability of any resources 
identified under paragraph (4) for programs, 
projects, and activities other than the major defense 
acquisition program evaluated as part of the study. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Director of Operational 
Test and Evaluation shall submit to the congressional de-
fense committees a report on the results of the study con-
ducted under subsection (a). 
(d) DEFINITIONS.—In this section:
194 
(1) The term ‘‘covered Armed Force’’ means 
the Army, the Navy, the Marine Corps, and the Air 
Force. 
(2) The term ‘‘major defense acquisition pro-
gram’’ has the meaning given that term in section 
4201 of title 10, United States Code. 
SEC. 238. PERIODIC REPORTS ON RISK DISTRIBUTION 
WITHIN RESEARCH, DEVELOPMENT, TEST, 
AND EVALUATION ACTIVITIES. 
(a) REPORTS REQUIRED.—In accordance with sub-
section (d), the Secretary of Defense, acting through the 
Under Secretary of Defense for Research and Engineering 
and in consultation with the Secretaries of the military 
departments, shall submit to the congressional defense 
committees periodic reports on the distribution of risk 
across the covered research activities of the Department 
of Defense. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, with respect to the year covered by the re-
port, the following: 
(1) A list of all covered research activities of 
the Department of Defense with each such research 
activity designated as either—
195 
(A) research activity that is lower risk, 
such as efforts aimed at the incremental im-
provement of an existing product; or 
(B) research activity that is higher risk, 
such as efforts aimed at the development of new 
technology that could disrupt an entire field 
(commonly referred to as ‘‘disruptive tech-
nology’’). 
(2) An assessment of whether the distribution 
of covered research activities among the risk cat-
egories described in subparagraphs (A) and (B) of 
paragraph (1) is optimal for serving the needs of the 
Department of Defense. 
(3) Such other information as the Secretary of 
Defense determines appropriate. 
(c) COVERED RESEARCH ACTIVITY DEFINED.—In 
this section, the term ‘‘covered research activity’’ means 
a program, project, or other activity of the Department 
of Defense designated as budget activity 1 (basic re-
search), budget activity 2 (applied research), or budget ac-
tivity 3 (advanced technology development), as such budg-
et activity classifications are set forth in volume 2B, chap-
ter 5 of the Department of Defense Financial Manage-
ment Regulation (DOD 7000.14–R). 
(d) SUBMITTAL OF REPORTS.—
196 
(1) IN GENERAL.—The reports required under 
subsection (a) shall be submitted as follows: 
(A) The first such report shall be sub-
mitted by not later than February 1, 2023. 
(B) A report shall be submitted at the 
same time as each of the first three reports re-
quired under section 118c(e) of title 10, United 
States Code, after the date of the enactment of 
this Act. 
(2) TERMINATION OF REQUIREMENT.—No re-
port shall be required to be submitted under this 
section after the date of the submittal of the third 
report under paragraph (1)(B). 
SEC. 
239. 
REVIEW 
AND 
REPORT 
ON 
OFFENSIVE 
HYPERSONIC WEAPONS PROGRAMS OF THE 
DEPARTMENT OF DEFENSE. 
(a) REVIEW.—The Comptroller General of the United 
States shall conduct a review of the offensive hypersonic 
weapons programs of the Department of Defense, includ-
ing the Navy Conventional Prompt Strike Program, the 
Army Long Range Hypersonic Weapon, and the Air Force 
Air Launched Rapid Response Weapon. 
(b) ELEMENTS.—The review under subsection (a) 
shall address—
197 
(1) cost and schedule estimates for the fielding 
of offensive hypersonic weapon systems, including 
any assumptions that underpin such estimates; 
(2) whether and to what extent the hypersonic 
weapon systems are expect to fully achieve the re-
quirements originally established for such systems; 
(3) the technological and manufacturing matu-
rity of the critical technologies and materials 
planned for the systems; and 
(4) whether and to what extent the Department 
has pursued alternatives to the critical technologies 
identified under paragraph (3). 
(c) INITIAL BRIEFING.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General shall provide to the congressional defense 
committees a briefing on the initial results of the review 
conducted under subsection (a). 
(d) FINAL REPORT.—Following the briefing under 
subsection (c), on a date mutually agreed upon by the 
Comptroller General and the congressional defense com-
mittees, the Comptroller General shall submit to the com-
mittees a report on the final results of the review con-
ducted under subsection (a).
198 
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILI-
ZATION 
OF 
THE 
ELECTRONIC 
PROVING 
GROUNDS TESTING RANGE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Electronic Proving Grounds located at 
Fort Huachuca, Arizona is unique within the De-
partment of Defense because of its naturally quiet 
electromagnetic environment, its specialized facili-
ties, its close relationship with the Army training 
community, and its access to the expansive real-es-
tate of southern Arizona. 
(2) The Electronic Proving Grounds has access 
to 70,000 acres at Ft. Huachuca, 23,000 acres on 
Wilcox Dry Lake, more than 100,000 acres at Gila 
Bend, and with prior coordination, approximately 62 
million acres of Federal and State-owned land. 
(3) Live electronic warfare training is not pos-
sible at the majority of military installations in the 
continental United States including the National 
Training Center. 
(4) The Electronic Proving Grounds has the ca-
pacity to handle additional testing as well as the ca-
pability for realistic electronic warfare training 
(b) REPORT REQUIRED.—Not later than February 1, 
2023, the Secretary of the Army shall submit to the con-
gressional defense committees a report on the Electronic
199 
Proving Grounds testing range located at Fort Huachuca, 
Arizona. 
(c) ELEMENTS.—The report under subsection (b) 
shall address— 
(1) the amount and types of testing activities 
conducted at the Electronic Proving Grounds testing 
range; 
(2) any shortfalls in the facilities and equip-
ment of the range; 
(3) the capacity of the range to be used for ad-
ditional testing activities; 
(4) the possibility of using the range for the 
testing activities of other Armed Forces, Federal 
agencies, and domestic companies; 
(5) the capacity of the range to be used for re-
alistic electronic warfare training; 
(6) electronic warfare training restrictions at 
domestic military installations generally; and 
(7) the feasibility and advisability of providing 
a dedicated training area for electronic warfare 
units. 
(d) COORDINATION.—In preparing the report under 
subsection (b), the Secretary of the Army shall coordinate 
with the following:
200 
(1) The Director of Operational Test and Eval-
uation of the Department of Defense. 
(2) The governments of Cochise County and Si-
erra Vista, Arizona. 
SEC. 241. SENSE OF CONGRESS ON THE ADDITIVE MANU-
FACTURING AND MACHINE LEARNING INITIA-
TIVE OF THE ARMY. 
It is the sense of Congress that— 
(1) the additive manufacturing and machine 
learning initiative of the Army has the potential to 
accelerate the ability to deploy additive manufac-
turing capabilities in expeditionary settings and 
strengthen the United States defense industrial sup-
ply chain; and 
(2) Congress and the Department of Defense 
should continue to support the additive manufac-
turing and machine learning initiative of the Army. 
SEC. 242. FUNDING FOR ROBOTICS SUPPLY CHAIN RE-
SEARCH. 
(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, Defense-Wide, as 
specified in the corresponding funding table in section 
4201, for Defense Wide Manufacturing Science and Tech-
201 
nology Program, Line 054, is hereby increased by 
$15,000,000, for Robotics Supply Chain Research. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 201 for Army, as specified 
in the corresponding funding table in section 4201, for 
Integrated Personnel and Pay System Army, Line 123, 
is hereby reduced by $15,000,000. 
SEC. 243. FUNDING FOR ENTERPRISE DIGITAL TRANS-
FORMATION 
WITH 
COMMERCIAL 
PHYSICS 
SIMULATION. 
(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, Air Force, as speci-
fied in the corresponding funding table in section 4201, 
for the Department of the Air Force Tech Architecture, 
Line 040, is hereby increased by $9,000,000, for Enter-
prise Digital Transformation with Commercial Physics 
Simulation. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 201 for Research, Develop-
ment, Test, and Evaluation, Air Force, as specified in the 
corresponding funding table in section 4201, for Stand-
202 
In Attack Weapon, Line 096, is hereby reduced by 
$9,000,000. 
SEC. 244. REPORT ON NATIONAL SECURITY APPLICATIONS 
FOR FUSION ENERGY TECHNOLOGY. 
(a) REPORT REQUIRED.—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 potential national security applications 
for fusion energy technology. 
(b) ELEMENTS.—The report under subsection (a) 
shall include— 
(1) an evaluation of commercial fusion energy 
technologies under development by private sector 
companies in the United States to determine if any 
such technologies have potential national security 
applications; 
(2) consideration of commercial fusion energy 
technologies— 
(A) that have met relevant technical mile-
stones: 
(B) that are supported by substantial pri-
vate sector financing; 
(C) that meet applicable requirements of 
the Department of Defense; and
203 
(D) for which prototypes have been con-
structed; 
(3) a timeline for the potential implementation 
of fusion energy in the Department; 
(4) a description of any major challenges to 
such implementation; and 
(5) recommendations to the ensure the effec-
tiveness of such implementation. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2023 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, as specified in the funding table in section 
4301. 
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 301 for operation 
and maintenance for Army, base operations support, line 
110, as specified in the corresponding funding table in sec-
204 
tion 4301, is hereby increased by $20,000,000, for the 
purpose of Army Community Services. 
(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, Army, as specified in the corresponding funding 
table in section 4301, for Army Administration, line 450, 
is hereby reduced by $10,000,000. 
(c) 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, Army, as specified in the corresponding funding 
table in section 4301, for Army Other Service Support, 
line 490, is hereby reduced by $10,000,000. 
Subtitle B—Energy and 
Environment 
SEC. 311. EQUIVALENT AUTHORITY FOR ENVIRONMENTAL 
RESTORATION 
PROJECTS 
AT 
NATIONAL 
GUARD TRAINING SITES. 
(a) CLARIFICATION OF NATIONAL GUARD TRAINING 
SITES.—Section 2700 of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(4) The term ‘National Guard training site’ 
means a facility or site when used for the training
205 
of the National Guard pursuant to chapter 5 of title 
32 with funds provided by the Secretary of Defense 
or the Secretary of a military department, without 
regard to— 
‘‘(A) the owner or operator of the facility 
or site; or 
‘‘(B) whether the facility or site is under 
the jurisdiction of the Department of Defense 
or a military department.’’. 
(b) INCLUSION UNDER DEFENSE ENVIRONMENTAL 
RESTORATION PROGRAM.—Section 2701(a)(1) of such 
title is amended by inserting ‘‘and at National Guard 
training sites’’ after ‘‘at facilities under the jurisdiction 
of the Secretary’’. 
(c) RESPONSE
ACTIONS
AT
NATIONAL
GUARD 
TRAINING SITES.—Section 2701(c)(1) of such title is 
amended by adding at the end the following new subpara-
graph: 
‘‘(D) Each facility or site which was a Na-
tional Guard training site at the time of actions 
leading to contamination by hazardous sub-
stances or pollutants or contaminants.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) REPEAL OF PROVISION.—Section 2707 of 
such title is amended by striking subsection (e).
206 
(2) REFERENCE UPDATE.—Section 345(f)(1) of 
the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81; 135 Stat. 1646; 10 
U.S.C. 2715 note) is amended by striking ‘‘facility 
where military activities are conducted by the Na-
tional Guard of a State pursuant to section 2707(e) 
of title 10, United States Code’’ and inserting ‘‘Na-
tional Guard training site, as such term is defined 
in section 2700 of title 10, United States Code’’. 
SEC. 312. AMENDMENT TO BUDGETING OF DEPARTMENT 
OF DEFENSE RELATING TO EXTREME WEATH-
ER. 
Section 328(a) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
221 note) is amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) a calculation of the annual costs to the 
Department for assistance provided to— 
‘‘(A) the Federal Emergency Management 
Agency or Federal land management agencies—
207 
‘‘(i) pursuant to requests for such as-
sistance; and 
‘‘(ii) approved under the National 
Interagency Fire Center; and 
‘‘(B) any State, Territory, or possession 
under title 10 or title 32, United States Code, 
regarding extreme weather.’’. 
SEC. 313. PROTOTYPE AND DEMONSTRATION PROJECTS 
FOR ENERGY RESILIENCE AT CERTAIN MILI-
TARY INSTALLATIONS. 
(a) IN GENERAL.—Each Secretary of a military de-
partment shall ensure that covered prototype and dem-
onstration projects are conducted at each military installa-
tion designated by that Secretary as an ‘‘Energy Resil-
ience Testbed’’ pursuant to subsection (b). 
(b) SELECTION OF MILITARY INSTALLATIONS.— 
(1) SELECTION.—Not later than 180 days after 
the date of the enactment of this Act, each Secretary 
of a military department, in consultation with the 
Secretary of the Defense, shall— 
(A) select at least two military installations 
under the jurisdiction of that Secretary for des-
ignation pursuant to paragraph (3); and
208 
(B) incorporate the conduct of covered pro-
totype and demonstration projects into the mis-
sion of each installation so selected. 
(2) CONSIDERATIONS.—In selecting military in-
stallations under paragraph (1), each Secretary of a 
military department shall, to the extent practicable, 
take into consideration the following: 
(A) The mission of the installation. 
(B) The geographic terrain of the installa-
tion and of the community surrounding the in-
stallation. 
(C) The energy resources available to sup-
port the installation. 
(D) Any State or local regulations that 
apply with respect to public or private utilities 
serving the installation. 
(E) An assessment of any climate or ex-
treme weather risks or vulnerabilities at the in-
stallation and the community surrounding the 
installation. 
(3) DESIGNATION
AS
ENERGY
RESILIENCE 
TESTBED.—Each installation selected under para-
graph (1) shall be known as an ‘‘Energy Resilience 
Testbed’’.
209 
(c) COVERED TECHNOLOGIES.—Covered prototype 
and demonstration projects conducted at military installa-
tions designated pursuant to subsection (b) shall include 
the prototype and demonstration of technologies in the fol-
lowing areas: 
(1) Energy storage technologies, including long- 
duration energy storage systems. 
(2) Technologies that support electric vehicles 
or the transition to use of electric vehicles, including 
with respect to tactical vehicles. 
(3) Technologies to improve building energy ef-
ficiency in a cyber-secure manner, such as advanced 
lighting controls, high-performance cooling systems, 
and technologies for waste heat recovery. 
(4) Technologies to improve building energy 
management and control in a cyber-secure manner. 
(5) Tools and processes for design, assessment, 
and decision-making on the installation with respect 
to climate resilience and hazard analysis, energy use, 
management, and the construction of climate resil-
ient buildings and infrastructure. 
(6) Carbon sequestration technologies. 
(7) Technologies relating to on-site resilient en-
ergy generation, including advanced geothermal and 
advanced nuclear technologies.
210 
(8) Port electrification and surrounding defense 
critical infrastructure and related non-Federal infra-
structure, including surrounding defense community 
infrastructure. 
(9) Tidal and wave power technologies. 
(10) Distributed leger technologies. 
(d) BRIEFING.—Not later than 180 days after the 
enactment of this Act, the Secretary of Defense, in con-
sultation with the Secretaries of the military departments, 
shall provide to the appropriate congressional committees 
a briefing on the conduct of covered prototype and dem-
onstration projects at each military installation designated 
pursuant to subsection (b). Such briefing shall include the 
following: 
(1) An identification of each military installa-
tion so designated. 
(2) A justification as to why each military in-
stallation so designated was selected for such des-
ignation. 
(3) A strategy for commencing the conduct of 
such projects at each military installation so des-
ignated by not later than one year after the date of 
the enactment of this Act. 
(e) 
DEADLINE
FOR
COMMENCEMENT
OF 
PROJECTS.—The Secretary of Defense shall ensure that,
211 
beginning not later than one year after the date of the 
enactment of this Act, covered prototype and demonstra-
tion projects are conducted at, and such conduct is incor-
porated into the mission of, each military installation des-
ignated pursuant to subsection (b). 
(f) CONSORTIUMS.— 
(1) IN GENERAL.—Each Secretary of a military 
department may enter into a partnership with, or 
seek to establish, a consortium of industry, aca-
demia, and other entities described in paragraph (2) 
to conduct covered prototype and demonstration 
projects at a military installation designated by that 
Secretary pursuant to subsection (b). 
(2) CONSORTIUM ENTITIES.—The entities de-
scribed in this paragraph are as follows: 
(A) National laboratories. 
(B) Industry entities the primary work of 
which relates to energy and climate security 
technologies and business models. 
(g) AUTHORITIES.— 
(1) IN GENERAL.—Covered prototype and dem-
onstration projects required under this section may 
be conducted as part of the program for operational 
energy prototyping established under section 324(c) 
of the William M. (Mac) Thornberry National De-
212 
fense Authorization Act for Fiscal Year 2021 (Pub-
lic Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 
note) (including by using funds available under the 
Operational Energy Prototyping Fund established 
pursuant to such section), using the other trans-
actions authority under section 4021 or 4022 of title 
10, United States Code, or using any other available 
authority or funding source the Secretary of Defense 
determines appropriate. 
(2) FOLLOW-ON
PRODUCTION
CONTRACTS
OR 
TRANSACTIONS.—Each Secretary of a military de-
partment shall ensure that, to the extent practicable, 
any transaction entered into under the other trans-
actions authority under section 4022 of title 10, 
United States Code, for the conduct of a covered 
prototype and demonstration project under this sec-
tion shall provide for the award of a follow-on pro-
duction contract or transaction pursuant to sub-
section (f) of such section 4022. 
(h) INTERAGENCY COLLABORATION.—In carrying 
out this section, to the extent practicable, the Secretary 
of Defense shall collaborate with the Secretary of Energy 
and the heads of such other Federal departments and 
agencies as the Secretary of Defense may determine ap-
213 
propriate, including by entering into relevant memoranda 
of understanding. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Energy and Commerce of the 
House of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Energy and Natural Re-
sources of the Senate. 
(2) The term ‘‘community infrastructure’’ has 
the meaning given that term in section 2391(e) of 
tile 10, United States Code. 
(3) The term ‘‘covered prototype and dem-
onstration project’’ means a project to prototype and 
demonstrate advanced technologies to enhance en-
ergy resilience and climate security at a military in-
stallation. 
(4) The term ‘‘military installation’’ has the 
meaning given that term in section 2867 of title 10, 
United States Code.
214 
SEC. 314. PILOT PROGRAM FOR TRANSITION OF CERTAIN 
NONTACTICAL VEHICLE FLEETS OF DEPART-
MENT OF DEFENSE TO ELECTRIC VEHICLES. 
(a) IN GENERAL.—The Secretary of Defense, in co-
ordination with the Secretaries of the military depart-
ments, and in consultation with the Secretary of Energy, 
shall carry out a pilot program to facilitate the transition 
of nontactical vehicle fleets of the Department of Defense 
at certain military installations and distribution centers 
of the Defense Logistics Agency to nontactical vehicle 
fleets comprised solely of electric vehicles, including 
through the maintenance on the installations or centers, 
as the case may be, of charging stations, microgrids, and 
other covered infrastructure sufficient to cover the energy 
demand of such fleets. 
(b) SELECTION OF MILITARY INSTALLATIONS AND 
DISTRIBUTION CENTERS.— 
(1) 
SELECTION
OF
MILITARY
INSTALLA-
TIONS.—Not later than 180 days after the date of 
the enactment of this Act, each Secretary of a mili-
tary department shall— 
(A) select at least one military installation 
of each Armed Force under the jurisdiction of 
that Secretary at which to carry out the pilot 
program under subsection (a); and
215 
(B) submit to the Committees on Armed 
Services of the House of Representatives and 
the Senate a notification containing an identi-
fication of each such selected installation. 
(2) PRIORITY.—In selecting military installa-
tions under paragraph (1), each Secretary of a mili-
tary department shall give priority to the following: 
(A) Military installations with existing 
third-party financed, installed, operated, and 
maintained charging stations on the installa-
tion. 
(B) Military installations with other exist-
ing covered infrastructure, including charging 
stations under ownership methods other than 
those specified in subparagraph (A), on the in-
stallation. 
(C) Military installations located in a geo-
graphic region with existing covered infrastruc-
ture, including charging stations, proximate to 
the installation. 
(D) Military installations with respect to 
which the Secretary determines the future in-
clusion on the installation of charging stations 
and other covered infrastructure is feasible and 
cost effective given the anticipated need for
216 
charging stations to service electric vehicles in 
the nontactical vehicle fleet at the installation 
(including those with respect to which the Sec-
retary determines there may be an opportunity 
to enter into a contract for the third-party 
charging stations specified in subparagraph 
(A)). 
(E) Military installations at which a 
project authorized under section 2914 of title 
10, United States Code, (known as the Energy 
Resilience and Conservation Investment Pro-
gram) and determined by the Secretary to be 
relevant to the pilot program has been con-
ducted or is planned to be conducted pursuant 
to the future-years defense program submitted 
under section 221 of such title. 
(3) CONSIDERATIONS.—In determining whether 
a military installation should receive priority pursu-
ant to paragraph (2)(D), each Secretary of a mili-
tary department shall take into account the fol-
lowing: 
(A) A calculation of existing loads at the 
installation and the existing capacity of the in-
stallation for the charging of electric vehicles, 
including (as applicable) light duty trucks.
217 
(B) The availability of adequate space for 
vehicles awaiting charging during peak usage 
times, as determined by the Secretary. 
(C) Any required upgrades to covered in-
frastructure on the installation, including elec-
trical wiring, anticipated by the Secretary. 
(4) SELECTION OF DISTRIBUTION CENTERS.— 
(A) SELECTION.—Not later than 180 days 
after the date of the enactment of this Act, the 
Director of the Defense Logistics Agency shall 
select at least one distribution center of the De-
fense Logistics Agency at which to carry out 
the pilot program under subsection (a) and sub-
mit to the Committees on Armed Services of 
the House of Representatives and notification 
containing an identification of any such selected 
distribution center. 
(B) PRIORITY.—In selecting a distribution 
center under subparagraph (A), the Director of 
the Defense Logistics Agency shall apply the 
same priorities as the Secretaries of the mili-
tary departments apply with respect to the se-
lection of a military installation under para-
graph (2) (including by taking into account the 
same considerations specified in paragraph (3)),
218 
except that, in addition to the priorities speci-
fied in paragraph (2), the Director shall also 
give priority to the following: 
(i) Distribution centers with signifi-
cant on-center use by vehicles of class 3 or 
heavier, as determined pursuant to table II 
of section 565.15 of title 49, Code of Fed-
eral Regulations. 
(ii) Distribution centers at which 
there is, or are plans to develop, renewable 
energy resource generation. 
(c) TRANSITION PLANS.— 
(1) MILITARY INSTALLATIONS.—Not later than 
one year after the date on which a Secretary of a 
military department submits a notification identi-
fying a military installation under subsection (b)(1), 
that Secretary shall submit to the Committees on 
Armed Services of the House of Representatives and 
the Senate a plan for— 
(A) the replacement of all vehicles in the 
nontactical vehicle fleet at the military installa-
tion with electric vehicles by January 1, 2025; 
and 
(B) the maintenance on the military instal-
lation of charging stations and other covered in-
219 
frastructure, including a microgrid, that will be 
sufficient— 
(i) to cover the anticipated electricity 
demand of such electric vehicles; and 
(ii) to improve installation energy re-
silience. 
(2) ELEMENTS.—Each plan under paragraph 
(1) shall include, with respect to the military instal-
lation covered by the plan, the following: 
(A) A determination of the type and num-
ber of charging stations to include on the in-
stallation, taking into account the interoper-
ability of chargers and the potential future 
needs or applications for chargers, such as vehi-
cle-to-grid or vehicle-to-building applications. 
(B) A determination of the optimal owner-
ship method to provide charging stations on the 
installation, taking into account the following: 
(i) Use of Government-owned (pur-
chased, installed, and maintained) charg-
ing stations. 
(ii) Use of third-party financed, in-
stalled, operated, and maintained charging 
stations.
220 
(iii) Use of financing models in which 
energy and charging infrastructure oper-
ations and maintenance are treated as a 
service. 
(iv) Cyber and physical security con-
siderations and best practices associated 
with different ownership, network, and 
control models. 
(C) A determination of the optimal power 
source to provide charging stations at the in-
stallation, taking into account the following: 
(i) Transformer and substation re-
quirements. 
(ii) Microgrids and distributed energy 
to support both charging requirements and 
energy storage. 
(3) SOURCE OF SERVICES.—Each Secretary of 
a military department may use expertise within the 
military department or enter into a contract with a 
non-Department of Defense entity to make the de-
terminations specified in paragraph (2). 
(4) DISTRIBUTION CENTERS.—Not later than 
one year after the date on which the Director of the 
Defense Logistics Agency submits a notification 
identifying a distribution center under subsection
221 
(b)(1), the Director shall submit to the Committees 
on Armed Services of the House of Representatives 
and the Senate a plan specified in paragraph (1) 
with respect to the distribution center. Such plan 
shall include, with respect to the distribution center, 
each of the same elements required under paragraph 
(2) for a military installation, and the Director may 
use expertise to the same extent and in the same 
manner specified in paragraph (3). 
(d) FINAL DEADLINE FOR REPLACEMENT.—Begin-
ning not later than January 1, 2025, all vehicles in the 
nontactical vehicle fleet at each military installation or dis-
tribution center selected under subsection (b) shall be elec-
tric vehicles. 
(e) DEFINITIONS.—In this section: 
(1) The terms ‘‘Armed Forces’’ and ‘‘military 
departments’’ have the meanings given those terms 
in section 101 of title 10, United States Code. 
(2) The term ‘‘charging station’’ means a col-
lection of one or more electric vehicle supply equip-
ment units. 
(3) The term ‘‘covered infrastructure’’— 
(A) means infrastructure that the Sec-
retary of Defense determines may be used to—
222 
(i) charge electric vehicles, including 
by transmitting electricity to such vehicles 
directly; or 
(ii) support the charging of electric 
vehicles, including by supporting the resil-
ience of grids or other systems for deliv-
ering energy to such vehicles (such as 
through the mitigation of grid stress); and 
(B) includes— 
(i) charging stations; 
(ii) batteries; 
(iii) battery-swapping systems; 
(iv) microgrids; 
(v) off-grid charging systems; and 
(vi) other apparatuses installed for 
the specific purpose of delivering energy to 
an electric vehicle or to a battery intended 
to be used in an electric vehicle, including 
wireless charging technologies. 
(4) The term ‘‘electric vehicle’’ includes— 
(A) a plug-in hybrid electric vehicle that 
uses a combination of electric and gas powered 
engine that can use either gasoline or electricity 
as a fuel source; and
223 
(B) a plug-in electric vehicle that runs 
solely on electricity and does not contain an in-
ternal combustion engine or gas tank. 
(5) The term ‘‘electric vehicle supply equipment 
unit’’ means the port that supplies electricity to one 
vehicle at a time. 
(6) The term ‘‘microgrid’’ means a group of 
interconnected loads and distributed energy re-
sources within clearly defined electrical boundaries 
that acts as a single controllable entity with respect 
to the grid. 
(7) The term ‘‘military installation’’ has the 
meaning given that term in section 2801 of title 10, 
United States Code. 
(8) The term ‘‘nontactical vehicle’’ means a ve-
hicle other than a tactical vehicle. 
(9) The term ‘‘tactical vehicle’’ means a motor 
vehicle designed to military specification, or a com-
mercial design motor vehicle modified to military 
specification, to provide direct transportation sup-
port of combat or tactical operations, or for the 
training of personnel for such operations. 
(10) The term ‘‘renewable energy resources’’ 
has the meaning given that term in section 403 of
224 
the Renewable Energy Resources Act of 1980 (42 
U.S.C. 7372). 
(11) The term ‘‘wireless charging’’ means the 
charging of a battery by inductive charging or by 
any means in which a battery is charged without a 
wire, or plug-in wire, connecting the power source 
and battery. 
SEC. 315. PILOT PROGRAM ON USE OF SUSTAINABLE AVIA-
TION FUEL. 
(a) IN GENERAL.—The Secretary of Defense shall 
conduct a pilot program at two or more geographically di-
verse Department of Defense facilities for the use of sus-
tainable aviation fuel. Such program shall be designed 
to— 
(1) identify any logistical challenges with re-
spect to the use of sustainable aviation fuel by the 
Department of Defense; and 
(2) explore opportunities for collaboration with 
nearby commercial airports and sustainable aviation 
fuel refinery facilities to facilitate such use. 
(b) SELECTION OF FACILITIES.— 
(1) SELECTION.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
of Defense shall select at least two geographically di-
verse Department facilities at which to carry out the
225 
pilot program. At least one such facility shall be a 
facility with an onsite refinery that is located in 
proximity to at least one major commercial airport 
that is also actively seeking to increase the use of 
sustainable aviation fuel. 
(2) NOTICE TO CONGRESS.—Upon the selection 
of each facility under paragraph (1), the Secretary 
shall submit to the Committee on Armed Services 
and the Committee on Transportation and Infra-
structure of the House of Representatives notice of 
the selection, including an identification of the facil-
ity selected. 
(c) CERTIFICATION AND USE OF BLENDED SUSTAIN-
ABLE AVIATION FUEL.— 
(1) PLANS.—For each facility selected under 
subsection (b), not later than one year after the se-
lection of the facility, the Secretary shall— 
(A) develop a plan on how to implement, 
by September 30, 2028, a certification program 
under which aviation fuel must be certified as 
blended to contain at least 10 percent sustain-
able aviation fuel as a requirement for use of 
the aviation fuel at the facility (in addition to 
any other fuel certification requirement of the 
Department of Defense or the Armed Forces);
226 
(B) submit the plan to the Committee on 
Armed Services and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives; and 
(C) provide to such Committees a briefing 
on the plan that includes, at a minimum— 
(i) a description of any operational, 
infrastructure, or logistical requirements 
and recommendations for the blending, 
certification, and use of sustainable avia-
tion fuel; and 
(ii) a description of any stakeholder 
engagement in the development of the 
plan, including any consultations with 
nearby commercial airport owners or oper-
ators. 
(2) IMPLEMENTATION OF PLANS.—For each fa-
cility selected under subsection (b), during the pe-
riod beginning on a date that is not later than Sep-
tember 30, 2028, and for five years thereafter, the 
Secretary shall require, in accordance with the re-
spective plan developed under paragraph (1), the ex-
clusive use at the facility of aviation fuel that has 
been certified as blended to contain at least 10 per-
cent sustainable aviation fuel.
227 
(d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.— 
Sustainable aviation fuel used under the pilot program 
shall meet the following criteria: 
(1) Such fuel shall be produced in the United 
States from non-food domestic feedstock sources. 
(2) Such fuel shall constitute drop-in fuel that 
meets all specifications and performance require-
ments of the Department of Defense and the Armed 
Forces. 
(e) WAIVER.—The Secretary may waive the require-
ment for the exclusive use at the facility of aviation fuel 
that has been certified as blended to contain at least 10 
percent sustainable aviation fuel under the pilot program 
if the Secretary— 
(1) determines such use is not feasible due to 
a lack of domestic availability of sustainable aviation 
fuel or a national security contingency; and 
(2) submits to the congressional defense com-
mittees notice of such waiver and the reasons for 
such waiver. 
(f) FINAL REPORT.—At the conclusion of the pilot 
program, the Assistant Secretary of Defense for Energy, 
Installations, and Environment shall submit to the Com-
mittee on Armed Services and the Committee on Trans-
portation and Infrastructure of the House of Representa-
228 
tives a final report on the pilot program. Such report shall 
include each of the following: 
(1) An assessment of the effect of using sus-
tainable aviation fuel on the overall fuel costs of 
blended fuel. 
(2) A description of any operational, infrastruc-
ture, or logistical requirements and recommenda-
tions for the blending, certification, and use of sus-
tainable aviation fuel, with a focus on scaling up 
military-wide adoption of such fuel. 
(3) Recommendations with respect to how mili-
tary installations can leverage proximity to commer-
cial airports and other jet fuel consumers to increase 
the rate of use of sustainable aviation fuel, for both 
military and non-military use, including potential 
collaboration on innovative financing or purchasing 
and shared supply chain infrastructure. 
(4) A description of the effects on performance 
and operation aircraft using sustainable aviation fuel 
including— 
(A) if used, considerations of various 
blending ratios and their associated benefits; 
(B) efficiency and distance improvements 
of flights fuels using sustainable aviation fuel;
229 
(C) weight savings on large transportation 
aircraft and other types of aircraft with using 
blended fuel with higher concentrations of sus-
tainable aviation fuel; 
(D) maintenance benefits of using sustain-
able aviation fuel, including engine longevity; 
(E) the effect of the use of sustainable 
aviation fuel on emissions and air quality; 
(F) the effect of the use of sustainable 
aviation fuel on the environment and on sur-
rounding communities, including environmental 
justice factors that are created by the demand 
for and use of sustainable aviation fuel by the 
Department of Defense; and 
(G) benefits with respect to job creation in 
the sustainable aviation fuel production and 
supply chain. 
(g) SUSTAINABLE AVIATION FUEL DEFINED.—In 
this section, the term ‘‘sustainable aviation fuel’’ means 
liquid fuel that— 
(1) consists of synthesized hydrocarbon; 
(2) meets the requirements of— 
(A) ASTM International Standard D7566 
(or such successor standard); or
230 
(B) the co-processing provisions of ASTM 
International Standard D1655, Annex A1 (or 
such successor standard); 
(3) is derived from biomass (as such term is de-
fined in section 45K(c)(3) of the Internal Revenue 
Code of 1986), waste streams, renewable energy 
sources, or gaseous carbon oxides; 
(4) is not derived from palm fatty acid dis-
tillates; and 
(5) conforms to the standards, recommended 
practices, requirements and criteria, supporting doc-
uments, implementation elements, and any other 
technical guidance, for sustainable aviation fuels 
that are adopted by the International Civil Aviation 
Organization with the agreement of the United 
States. 
SEC. 316. POLICY TO INCREASE DISPOSITION OF SPENT AD-
VANCED BATTERIES THROUGH RECYCLING. 
(a) POLICY REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Assistant 
Secretary of Defense for Energy, Installations, and Envi-
ronment, in coordination with the Director of the Defense 
Logistics Agency, shall establish a policy to increase the 
disposition of spent advanced batteries of the Department 
of Defense through recycling (including by updating the
231 
Department of Defense Manual 4160.21, titled ‘‘Defense 
Material Disposition: Disposal Guidance and Procedures’’, 
or such successor document, accordingly), for the purpose 
of supporting the reclamation and return of precious met-
als, rare earth metals, and elements of strategic impor-
tance (such as cobalt and lithium) into the supply chain 
or strategic reserves of the United States. 
(b) CONSIDERATIONS.—In developing the policy 
under subsection (a), the Assistant Secretary shall con-
sider, at a minimum, the following recycling methods: 
(1) Pyroprocessing. 
(2) Hydroprocessing. 
(3) Direct cathode recycling, relithiation, and 
upcycling. 
SEC. 317. GUIDANCE AND TARGET DEADLINE RELATING TO 
FORMERLY 
USED 
DEFENSE 
SITES 
PRO-
GRAMS. 
(a) 
GUIDANCE
RELATING
TO
SITE 
PRIORITIZATION.—The Assistant Secretary of Defense for 
Energy, Installations, and Environment shall issue guid-
ance setting forth how, in prioritizing sites for activities 
funded under the ‘‘Environmental Restoration Account, 
Formerly Used Defense Sites’’ account established under 
section 2703(a)(5) of title 10, United States Code, the As-
sistant Secretary shall weigh the relative risk or other fac-
232 
tors between Installation Restoration Program sites and 
Military Munitions Response Program sites. 
(b) TARGET DEADLINE FOR MILITARY MUNITIONS 
RESPONSE PROGRAM.—The Assistant Secretary of De-
fense for Energy, Installations, and Environment shall es-
tablish a target deadline for the completion of the cleanup 
of all Military Munitions Response Program sites. 
SEC. 318. BUDGET INFORMATION FOR ALTERNATIVES TO 
BURN PITS. 
The Secretary of Defense shall include in the budget 
materials submitted to Congress in support of the Depart-
ment of Defense budget for fiscal year 2024 (as submitted 
with the budget of the President for such fiscal year under 
section 1105(a) of title 31, United States Code) a dedi-
cated budget line item for incinerators and waste-to-en-
ergy waste disposal alternatives to burn pits. 
SEC. 319. PROGRAM TO TRACK AND REDUCE SCOPE 3 EMIS-
SIONS AND ENERGY COSTS. 
(a) PROGRAM AUTHORIZED.—The Secretary of De-
fense shall establish a program, to be known as the ‘‘Scope 
3 Emissions Reduction Program’’, under which the Sec-
retary shall use innovative software to— 
(1) establish full accountability with respect to 
the Scope 3 greenhouse gas emissions in the supply 
chain of the Department of Defense; and
233 
(2) produce actionable data to reduce emissions 
and save energy costs. 
(b) GOALS OF THE PROGRAM.—The goals of the 
Scope 3 Emissions Reduction Program are— 
(1) to prove emerging technologies, methodolo-
gies, and capabilities to effectively track and compile 
transparent and reliable scope 3 emissions data and 
energy costs in real time; 
(2) to produce actionable emissions and climate 
data; and 
(3) to increase efficiencies and reduce costs. 
SEC. 320. REQUIREMENT TO INCLUDE INFORMATION RE-
LATING TO ELECTRIC VEHICLE CHARGING IN 
CERTAIN 
MILITARY 
CONSTRUCTION 
PROJECT PROPOSALS. 
(a) REQUIREMENT.—As part of the Department of 
Defense Form 1391 submitted to the appropriate commit-
tees of Congress for a military construction project for a 
facility that includes (or is planned to include) parking 
for covered motor vehicles, the Secretary concerned shall 
include the following: 
(1) A proposal for the provision of charging sta-
tions and other covered infrastructure sufficient to 
cover the anticipated electricity demand of the elec-
tric charging, concurrently, for not less than 15 per-
234 
cent of all covered motor vehicles planned to be 
parked at the facility. 
(2) The cost of constructing such stations and 
infrastructure in the overall cost of the project. 
(3) An analysis of whether a parking structure 
or lot will be the primary charging area for covered 
motor vehicles or if another area, such as public 
works or the motor pool, will be the primary charg-
ing area. 
(b) APPLICABILITY.—The requirement under sub-
section (a) shall apply with respect to military construc-
tion projects for which a Department of Defense Form 
1391 is submitted to the appropriate committees of Con-
gress beginning on or after the date of the enactment of 
this Act. 
(c) DEFINITIONS.—In this section: 
(1) The terms ‘‘charging station’’ and ‘‘covered 
infrastructure’’ have the meanings given those terms 
in section 314(e). 
(2) The term ‘‘covered motor vehicle’’ means a 
Federal Government motor vehicle, including a 
motor vehicle leased by the Federal Government. 
(3) The term ‘‘Defense Agency’’ has the mean-
ing given that term in section 101(a) of title 10, 
United States Code.
235 
(4) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of a military department, 
with respect to facilities under the jurisdiction 
of that Secretary; and 
(B) the Secretary of Defense, with respect 
to matters concerning— 
(i) facilities of the Defense Agencies; 
or 
(ii) facilities of a reserve component 
owned by a State rather than the United 
States. 
SEC. 321. SENSE OF CONGRESS REGARDING ELECTRIC OR 
ZERO-EMISSION VEHICLES FOR NON-COMBAT 
VEHICLE FLEET. 
It is the sense of Congress that any new non-tactical 
Federal vehicle purchased by the Department of Defense 
for use outside of combat should, to the greatest extent 
practicable, be an electric or zero-emission vehicles. 
SEC. 322. STUDY ON ENVIRONMENTAL CONTAMINATION 
AND CLEANUP ASSOCIATED WITH THORIUM- 
230 AND RELATED SUBSTANCES. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Secretary of Energy and 
the Administrator of the Environmental Protection Agen-
236 
cy, shall submit to the congressional defense committees 
a report containing the results of a study on the environ-
mental contamination and associated remediation efforts 
at sites in the United States where weapons containing 
Thorium-230 were developed, transported, stored, or oth-
erwise used. 
(b) ELEMENTS.— The report required under sub-
section (a) shall include the following: 
(1) A list of sites with known or suspected Tho-
rium-230 contamination due to weapons develop-
ment, transportation or storage, or waste disposal. 
(2) A discussion of the current characterization 
of each such site as a formerly used defense site, a 
site subject to a Base Realignment and Closure ac-
tion, an active site, or other type of site. 
(3) A specific discussion of the area sur-
rounding Coldwater Creek in Saint Louis, Missouri. 
(4) The status of each site identified under 
paragraph (1) including— 
(A) any environmental remediation that 
has been completed or is underway at the site, 
including contamination levels, if known; 
(B) any significant illness cluster associ-
ated with the geographic proximity of the site;
237 
(5) A detailed plan for any necessary environ-
mental remediation as well as site prioritization as-
sociated with the sites identified under paragraph 
(1). 
SEC. 323. DESTRUCTION OF MATERIALS CONTAINING PFAS 
WITH TECHNOLOGIES NOT REQUIRING IN-
CINERATION. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Under Secretary of De-
fense for Acquisition and Sustainment shall submit to the 
congressional defense committees a report on the progress 
of the Department of Defense in implementing on-site 
PFAS destruction technologies not requiring incineration. 
The report shall include the following: 
(1) A list of technologies that modify the char-
acteristics of the waste such that it is no longer clas-
sified as hazardous waste and can be disposed of 
through more cost-effective mixed waste protocols. 
(2) An identification of any such technologies 
that have undergone, are undergoing, or will under-
go testing by the Environmental Security Tech-
nology Certification Program and the status of such 
testing. 
(3) The results of any such testing.
238 
(b) GUIDANCE.—Not later than one year after the 
date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition and Sustainment shall prescribe 
guidance on best practices and preferred methods for de-
struction and disposal of PFAS wastes with an emphasis 
on alternatives to incineration. 
(c) EXTENSION OF MORATORIUM.—The Secretary of 
Defense shall prohibit the incineration of covered mate-
rials under section 343 of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (10 U.S.C. 2701 note) until 
the date on which the Secretary prescribes the guidance 
required under subsection (b). 
SEC. 324. ANALYSIS AND PLAN FOR ADDRESSING HEAT IS-
LAND EFFECT ON MILITARY INSTALLATIONS. 
(a) INSTALLATION ANALYSIS.—At the direction of 
the Secretary of Defense, the commander of each large 
military installation (as determined by the Secretary) shall 
conduct an analysis of— 
(1) how the effect known as the ‘‘heat island ef-
fect’’ exacerbates summer heat conditions and neces-
sitates the increased use of air conditioning on the 
installation; and 
(2) inventory on the percentage of tree cover 
and plant shade trees on the property of the installa-
tion.
239 
(b) REPORT.—Not later than September 30, 2023, 
the commander of each large military installation shall 
submit to the Secretary of the analysis conducted by the 
commander under subsection (a). 
(c) PLAN.—The Secretary shall— 
(1) review the reports submitted under sub-
section (b); 
(2) identify any installation that is a significant 
heat island with large expanses of concrete or as-
phalt; and 
(3) direct the commander of any installation so 
identified to increase the tree coverage on the prop-
erty of the installation by 10 to 30 percent by not 
later than September 30, 2025. 
(d) HEAT ISLAND DEFINED.—The term ‘‘heat is-
land’’ means an area with a high concentration of struc-
tures (such as building, roads, and other infrastructure) 
that absorb and re-emit the sun’s heat more than natural 
landscapes such as forests or bodies of water. 
SEC. 325. COMPTROLLER GENERAL REPORT ON ACCELERA-
TION 
AND 
IMPROVEMENT 
OF 
ENVIRON-
MENTAL 
CLEANUP 
OF 
VIEQUES 
AND 
CULEBRA, PUERTO RICO. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comp-
240 
troller General of the United States shall submit to the 
congressional defense committees a report containing the 
results of a study conducted by the Comptroller General 
on the status of the Federal cleanup and decontamination 
process in the island-municipalities of Vieques and 
Culebra, Puerto Rico. 
(b) CONTENTS.—The study shall include a com-
prehensive analysis of the following: 
(1) The pace of ongoing cleanup and environ-
mental restoration efforts in the former military 
training sites in Vieques and Culebra. 
(2) Any potential alternatives to accelerate the 
completion of such efforts, including their associated 
costs. 
(3) Any effects such alternatives might have on 
the public health and safety of island residents and 
steps that can be taken to mitigate risks. 
(4) The views of residents of Vieques and 
Culebra regarding actions that should be taken to 
achieve the cleanup process more expeditiously and 
successfully. 
(5) Any adverse health outcomes resulting from 
toxic matter at the sites or cleanup procedure in and 
avenues to compensate local communities for eco-
nomic losses and medical costs incurred.
241 
(6) The economic impact that the cleanup proc-
ess has had on local residents due to restricted use 
of land for tourism and other activities and avenues 
to compensate local communities for economic losses. 
SEC. 326. REPORT ON DEPARTMENT OF DEFENSE FLOOD 
MAPPING EFFORTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the 
flood mapping efforts of the Department of Defense. Such 
report shall address— 
(1) how frequently the Department updates 
such flood maps; 
(2) the resources used to undertake flood map-
ping projects; and 
(3) whether, and if so, how, such maps are in-
corporated into broader flood maps of the Federal 
Emergency Management Agency. 
SEC. 327. BIANNUAL LEAK INSPECTIONS OF NAVY AND AIR 
FORCE UNDERGROUND STORAGE TANKS ON 
GUAM. 
(a) NAVY.—The Secretary of the Navy shall ensure 
that underground fuel storage tanks owned by the Navy 
and located on Guam are checked for leaks at least once 
every six months.
242 
(b) AIR FORCE.—The Secretary of the Air Force 
shall ensure that underground fuel storage tanks owned 
by the Air Force and located on Guam are checked for 
leaks at least once every six months. 
SEC. 328. ADDITIONAL SPECIAL CONSIDERATIONS FOR EN-
ERGY PERFORMANCE GOALS AND ENERGY 
PERFORMANCE MASTER PLAN. 
(a) ADDITIONAL SPECIAL CONSIDERATIONS.—Sec-
tion 2911(e) of title 10, United States Code, is amended 
by adding at the end the following new paragraphs: 
‘‘(14) The reliability and security of energy re-
sources in the event of a military conflict. 
‘‘(15) The value of resourcing energy from 
partners and allies of the United States.’’. 
(b) REPORT ON FEASIBILITY OF TERMINATING EN-
ERGY PROCUREMENT FROM FOREIGN ENTITIES OF CON-
CERN.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the As-
sistant Secretary of Defense for Operational Energy 
Plans and Programs shall submit to the appropriate 
congressional committees a report on the feasibility 
and advisability of terminating energy procurement 
by the Department of Defense from foreign entities 
of concern.
243 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) An assessment of the reliance by the 
Department of Defense on foreign entities of 
concern for the procurement of energy. 
(B) An identification of the number of en-
ergy contracts in force between the Director of 
the Defense Logistics Agency and a foreign en-
tity of concern or an entity headquartered in a 
country that is a foreign entity of concern. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Energy and Commerce of the 
House of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on Energy and Natural Re-
sources of the Senate. 
(2) The term ‘‘foreign entity of concern’’ has 
the meaning given that term in section 9901 of the 
William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (15 U.S.C. 
4651).
244 
SEC. 329. CLARIFICATION AND REQUIREMENT FOR DE-
PARTMENT OF DEFENSE RELATING TO RE-
NEWABLE BIOMASS AND BIOGAS. 
(a) 
CLARIFICATION
OF
RENEWABLE
ENERGY 
SOURCES.—Section 2924 of title 10, United States Code, 
is amended— 
(1) in paragraph (6)— 
(A) by redesignating subparagraphs (D) 
through (I) as subparagraphs (E) through (J), 
respectively; and 
(B) by inserting after subparagraph (C) 
the following new subparagraph: 
‘‘(D) Biogas.’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(7) The term ‘biomass’ has the meaning given 
the term ‘renewable biomass’ in section 211(o)(1) of 
the Clean Air Act (42 U.S.C. 7545(o)(1)), and the 
regulations thereunder. 
‘‘(8) The term ‘biogas’ means biogas as such 
term is used in section 211(o)(1)(B)(ii)(V) of the 
Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)), and 
the regulations thereunder.’’. 
(b) REQUIREMENT.—With respect to any energy-re-
lated activity carried out pursuant to chapter 173 of title 
10, United States Code, biomass and biogas (as such
245 
terms are defined in section 2924 of such title, as amend-
ed by subsection (a)) shall be considered an eligible energy 
source for purposes of such activity. 
Subtitle C—Red Hill Bulk Fuel 
Facility 
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE 
FACILITY. 
(a) DEADLINE FOR COMPLETION OF DEFUELING.— 
(1) IN GENERAL.—Subject to the certification 
requirement under subsection (e), the Secretary of 
the Navy, in cooperation with the Director of the 
Defense Logistics Agency, shall complete the 
defueling of the Red Hill Bulk Fuel Storage Facility 
by not later than December 31, 2023. 
(2) REPORT.—Not later than December 31, 
2022, the Secretary of the Navy shall submit to the 
congressional defense committees, and make publicly 
available on an appropriate website of the Depart-
ment of Defense, a report on the status of the 
defueling of the Red Hill Bulk Fuel Storage Facil-
ity. 
(b) COMPLIANCE WITH APPLICABLE LAWS.—The 
Secretary of the Navy, in coordination with the Adminis-
trator of the Environmental Protection Agency and the 
State of Hawaii, shall plan for and implement the
246 
defueling of the Red Hill Bulk Fuel Facility in a manner 
that complies with all applicable laws. 
(c) MITIGATION PLAN.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of the Navy shall make publicly available an 
unclassified report containing the plan of the Sec-
retary for actions to be taken to mitigate the im-
pacts caused by releases at the Red Hill Bulk Fuel 
Storage Facility, together with cost estimates for 
such actions. 
(2) BRIEFING.—Not later than one year after 
the date of the enactment of this Act, the Secretary 
of the Navy shall provide to the congressional de-
fense committees a briefing on the actions and cost 
estimates included in the plan required under para-
graph (1). 
(d) OVERSIGHT REQUIREMENTS.— 
(1) REVIEW.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of 
Defense shall seek to enter into an agreement with 
an appropriate independent entity under which the 
entity agrees to conduct a review of the defueling 
process for the Red Hill Bulk Fuel Storage Facility.
247 
(2) REPORTING
REQUIREMENTS.—An agree-
ment entered into under paragraph (1) shall provide 
that the non-Department of Defense entity shall 
produce and make publicly available, by not later 
than 30 days after the completion of the defueling 
of the Red Hill Bulk Fuel Storage Facility, an un-
classified report on the defueling process. 
(e) CERTIFICATION REQUIREMENT.—The Secretary 
of the Navy may not begin the process of defueling the 
Red Hill Bulk Storage Facility before the date on which 
the Secretary of Defense submits to the congressional de-
fense committees certification that such defueling would 
not adversely affect the ability of the Department of De-
fense to provide fuel to support military operations in the 
area of responsibility of the United States Indo-Pacific 
Command. 
(f) WAIVER.— 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the deadline under subsection (a)(1) for 
a period of not more than 180 days if the Secretary 
submits to the congressional defense committees cer-
tification in writing that— 
(A) the Red Hill Bulk Fuel Storage Facil-
ity cannot be defueled safely and in an environ-
mentally sound manner before the deadline; or
248 
(B) the State of Hawaii Department of 
Health objects to the defueling of the Facility. 
(2) EXTENSIONS.—The Secretary may extend a 
waiver issued under paragraph (1) if the Secretary 
submits to the congressional defense committees an 
additional certification described in paragraph (1) 
and a justification for the extension of the waiver. 
SEC. 332. ACTIVITIES PRIOR TO DECOMMISSIONING OF 
RED HILL BULK STORAGE FACILITY. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for the Department of Defense for fiscal year 2023 may 
be obligated or expended to permanently close the Red Hill 
Bulk Fuel Storage Facility until the date that is one year 
after the date on which the Secretary of Defense, in con-
sultation with the Commander of United States Indo-Pa-
cific Command, submits to the congressional defense com-
mittees— 
(1) the report required under subsection (b); 
and 
(2) certification that— 
(A) a fuel capacity that is equivalent to the 
capacity provided by the Red Hill Bulk Fuel 
Storage Facility has been added to the fuel ca-
249 
pacity of United States Indo-Pacific Command; 
and 
(B) the bulk fuel requirements of United 
States Indo-Pacific Command have been fully 
programmed for funding in the five fiscal years 
following the year in which the certification is 
submitted. 
(b) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of the Defense shall submit to the congres-
sional defense committees a report on the costs asso-
ciated with replacing the Red Hill Bulk Fuel Stor-
age Facility. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include each of the following: 
(A) Detailed plans for how the Department 
of Defense will replicate the aggregate bulk fuel 
storage capacity of the Red Hill Bulk Fuel 
Storage Facility throughout the Indo-Pacific re-
gion, including on United States territories and 
possessions, as appropriate, in both steady state 
and in a major conflict lasting not less than 
180 days, including through the use of— 
(i) fleet oilers;
250 
(ii) fuel bladders; 
(iii) above ground storage facilities; 
and 
(iv) hardened storage facilities. 
(B) An identification of— 
(i) any additional costs to the Depart-
ment of acquiring or building the assets 
planned to replicate such fuel storage ca-
pacity and of obtaining any required envi-
ronmental approvals to operate such as-
sets; and 
(ii) the timelines associated with ac-
quiring or building such assets and obtain-
ing such approvals. 
(C) An analysis of the relative surviv-
ability, reliability, risks, and any advantages as-
sociated with the assets planned to replicate 
such fuel storage capacity, including any 
changes necessary for the operational plans of 
the Department compared to such operational 
plans as in effect when the Red Hill Bulk Fuel 
Storage Facility was operational. 
(D) An identification of the cost to the De-
partment of maintaining the Red Hill Bulk
251 
Fuel Storage Facility in an empty but rapidly 
reconstitutable state. 
(E) Any other matters the Secretary of the 
Defense considers relevant. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the authority of the Sec-
retary of Defense or the Secretary of the Navy to conduct 
any of the following at Red Hill Bulk Fuel Storage Facil-
ity: 
(1) Defueling activities. 
(2) Remedial investigations. 
(3) Site or safety inspections. 
(4) Feasibility studies. 
(5) Safety related repairs. 
(6) Monitoring. 
(7) Transferring of fuel. 
(8) Maintenance and sustainment activities. 
SEC. 333. LIMITATION ON USE OF FUNDS PENDING AWARD 
OF CERTAIN PROJECTS AND IMPLEMENTA-
TION OF CERTAIN RECOMMENDATIONS. 
Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2023 for 
operations and maintenance, Navy, Administration line 
item, Line 440, not more than 25 percent may be obli-
gated or expended until the date on which the Secretary
252 
of the Navy certifies to the congressional defense commit-
tees that the Navy has awarded the projects listed within 
Chapter 8.1.1, Table 8-1, and implemented the rec-
ommendation listed as D1 within Appendix A.1 and Ap-
pendix A.2, of the document prepared by Simpson 
Gumpertz & Heger Inc, entitled ‘‘Final Assessment Re-
port: Assessment of Red Hill Underground Fuel Storage 
Facility Pearl Harbor, Hawaii’’ and dated April 29, 2022. 
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING 
WELLS IN PROXIMITY TO RED HILL BULK 
FUEL FACILITY. 
(a) IN GENERAL.—Not later than April 1, 2023, the 
Secretary of Defense, in coordination with the Director of 
the United States Geological Survey and the Adminis-
trator of the Environmental Protection Agency, shall sub-
mit to the congressional defense committees a report on 
the placement of sentinel or monitoring wells in proximity 
to the Red Hill Bulk Fuel Facility for the purpose of mon-
itoring and tracking the movement of fuel that has es-
caped the Facility. Such report shall include— 
(1) the number and location of new wells that 
have been established during the 12-month period 
preceding the date of the submission of the report; 
(2) an identification of the wells proposed to be 
established by the aquifer recovery working group;
253 
(3) an analysis of the need for any wells not 
recommended by the aquifer recovery working group; 
(4) the proposed number and location of any 
such additional wells; and 
(5) the priority level of each proposed well 
based on— 
(A) the optimal locations for new wells; 
and 
(B) the capability of a proposed well to as-
sist in monitoring and tracking the movement 
of fuel toward the Halawa shaft, the Halawa 
Well, and the Aiea Well. 
(b) QUARTERLY BRIEFINGS.—Not later than 30 days 
after the submission of the report under subsection (a), 
and every 90 days thereafter for 12 months, the Secretary 
of Defense shall provide to the congressional defense com-
mittees a briefing on the progress of the Department to-
ward installing the wells described in paragraphs (2) and 
(3) of subsection (a). 
SEC. 335. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 
TO TRACK HEALTH IMPLICATIONS OF FUEL 
LEAKS AT RED HILL BULK FUEL FACILITY. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Director of the Centers for
254 
Disease Control and Prevention and the Administrator of 
the Environmental Protection Agency, shall submit to the 
appropriate congressional committees a report on the ef-
forts of the Secretary to appropriately track the health 
implications of fuel leaks from the Red Hill Bulk Fuel Fa-
cility for members of the Armed Forces and their depend-
ents, including members and dependents from each Armed 
Force, including the Coast Guard. The report shall include 
each of the following: 
(1) A plan to coordinate with the Centers for 
Disease Control and Prevention to align with the en-
vironmental health assessment and monitoring ef-
forts of the Centers. 
(2) A description of any potential benefits of co-
ordinating and sharing data with the State of Ha-
waii Department of Health. 
(3) An analysis of the extent to which data 
from the State of Hawaii Department of Health and 
data from other non-Department of Defense sources 
can and should be used in any long-term health 
study relating to fuel leaks from the Red Hill Bulk 
Fuel Facility. 
(4) A description of the potential health impli-
cations of contaminants, including fuel, found in the 
drinking water distribution system at the Red Hill
255 
Bulk Fuel Facility during testing after the fuel leaks 
that occurred in May and November 2021. 
(5) A description of any contaminants, includ-
ing fuel, detected in the water during the 12-month 
period preceding the fuel leak that occurred in No-
vember 2021. 
(6) A description of any potential benefits of 
broadening the tracing window to include indications 
of contaminants, including fuel, in the drinking 
water supply at the Red Hill Bulk Fuel Facility be-
fore May 2021. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means— 
(1) the congressional defense committees; 
(2) the Committee on Energy and Commerce of 
the House of Representatives; and 
(3) the Committee on Energy and Natural Re-
sources of the Senate. 
SEC. 336. STUDIES RELATING TO WATER NEEDS OF THE 
ARMED FORCES ON OAHU. 
(a) STUDY ON FUTURE WATER NEEDS OF OAHU.— 
(1) IN
GENERAL.—Not later than July 31, 
2023, the Secretary of the Defense, in coordination 
with the Honolulu Board of Water Supply, shall con-
256 
duct a study on how the Department of Defense can 
best address the future water needs on the island of 
Oahu for the Armed Forces. Such study shall in-
clude consideration of— 
(A) the construction of a new water treat-
ment plant or plants; 
(B) the construction of a new well for use 
by members of the Armed Forces and the civil-
ian population; 
(C) the construction of a new well for the 
exclusive use of members of the Armed Forces; 
(D) transferring ownership and operation 
of existing Department of Defense utilities to a 
municipality or existing publicly owned utility; 
(E) conveying the Navy utilities to the 
Honolulu Board of Water Supply, with consid-
eration; and 
(F) any other water solutions the Sec-
retary determines appropriate. 
(2) COORDINATION.—In carrying out the study 
under paragraph (1), the Secretary shall coordinate 
with the State of Hawaii, the Honolulu Board of 
Water Supply, the Secretary of the Department in 
which the Coast Guard is operating, the Adminis-
trator of the Environmental Protection Agency, and
257 
any other individual or entity the Secretary deter-
mines appropriate. 
(b) HYDROLOGICAL STUDY.— 
(1) IN
GENERAL.—Not later than July 31, 
2023, the Secretary of Defense shall enter into an 
agreement with the Administrator of the Environ-
mental Protection Agency and the Director of the 
United States Geological Survey, in consultation 
with the State of Hawaii, to perform a study to 
model the groundwater flow in the area surrounding 
the Red Hill Bulk Fuel Storage Facility. The model 
shall be designed to— 
(A) seek to improve the understanding of 
the direction and rate of groundwater flow and 
dissolved constituent migration within the 
aquifers around the facility; 
(B) reflect site specific data, including 
available data of the heterogeneous subsurface 
geologic system; and 
(C) address any previously identified defi-
ciencies in existing groundwater flow models. 
(2) DEADLINE FOR COMPLETION.—The study 
under paragraph (1) shall be completed by not later 
than one year after the date of the enactment of this 
Act.
258 
(c) REPORT; BRIEFING.— 
(1) IN
GENERAL.—Upon completion of the 
studies under subsections (a) and (b), the Secretary 
shall— 
(A) submit to the appropriate congres-
sional committees a report on the findings of 
the studies; and 
(B) provide to such committees a briefing 
on such findings. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate 
congressional committees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and 
Infrastructure and the Committee on Energy 
and Commerce of the House of Representatives; 
and 
(C) the Committee on Commerce, Science, 
and Transportation and the Committee on En-
vironment and Public Works of the Senate. 
SEC. 337. STUDY ON ALTERNATIVE USES FOR RED HILL 
BULK FUEL FACILITY. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary
259 
of Defense shall seek to enter into an agreement 
with a federally funded research and development 
center that meets the criteria specified in paragraph 
(2) under which such center will conduct a study to 
determine the range of feasible alternative Depart-
ment of Defense uses for the Red Hill Bulk Fuel 
Facility and provide to the Secretary a report on the 
findings of the study. The conduct of such study 
shall include— 
(A) engagement with stakeholders; 
(B) a review of historical alternative uses 
of facilities with similar characteristics; and 
(C) such other modalities as determined 
necessary to appropriately identify alternative 
use options, including data and information col-
lected from various stakeholders and through 
site visits to physically inspect the facility. 
(2) CRITERIA FOR FFRDC.—The federally fund-
ed research and development center with which the 
Secretary seeks to enter into an agreement under 
paragraph (1) shall meet the following criteria: 
(A) A primary focus on studies and anal-
ysis. 
(B) A record of conducting research and 
analysis using a multidisciplinary approach.
260 
(C) Demonstrated specific competencies 
in— 
(i) life cycle cost-benefit analysis; 
(ii) military facilities and how such fa-
cilities support missions; and 
(iii) the measurement of environ-
mental impacts. 
(D) A strong reputation for publishing 
publicly releasable analysis to inform public de-
bate. 
(b) COST-BENEFIT ANALYSIS.—An agreement en-
tered into pursuant to subsection (a) shall specify that the 
study conducted under the agreement will include a cost- 
benefit analysis of the feasible Department of Defense al-
ternative uses considered under the study. Such cost-ben-
efit analysis shall cover each of the following for each such 
alternative use: 
(1) The design and construction costs. 
(2) Life-cycle costs, including the operation and 
maintenance costs of operating the facility, such as 
annual operating costs, predicted maintenance costs, 
and any disposal costs at the end of the useful life 
of the facility. 
(3) Any potential military benefits.
261 
(4) Any potential benefits for the local econ-
omy, including any potential employment opportuni-
ties for members of the community. 
(5) A determination of environmental impact 
analysis requirements. 
(6) The effects of the use on future mitigation 
efforts. 
(7) Any additional factors determined to be rel-
evant by the federally funded research and develop-
ment center in consultation with the Secretary. 
(c) DEADLINE FOR COMPLETION.—An agreement en-
tered into pursuant to subsection (a) shall specify that the 
study conducted under the agreement shall be completed 
by not later than February 1, 2024. 
(d) BRIEFING.—Upon completion of a study con-
ducted under an agreement entered into pursuant to sub-
section (a), the Secretary shall provide to the Committees 
on Armed Services of the Senate and House of Represent-
atives a briefing on the findings of the study. 
(e) PUBLIC AVAILABILITY.— 
(1) FFRDC.—An agreement entered into pur-
suant to subsection (a) shall specify that the feder-
ally funded research and development center shall 
make an unclassified version of the report provided
262 
to the Secretary publicly available on an appropriate 
website of the center. 
(2) DEPARTMENT OF DEFENSE.—Upon receipt 
of such report, the Secretary shall make an unclassi-
fied version of the report publicly available on an ap-
propriate website of the Department of Defense. 
Subtitle 
D—Treatment 
of 
Perfluoroalkyl Substances and 
Polyfluoroalkyl Substances 
SEC. 341. PRIZES FOR DEVELOPMENT OF NON-PFAS-CON-
TAINING TURNOUT GEAR. 
Section 330 of the National Defense Authorization 
Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 
3528; 10 U.S.C. 2661 note prec.) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘of a non-PFAS-con-
taining’’ and inserting ‘‘of the following:’’ 
‘‘(1) A non-PFAS-containing’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) Covered personal protective firefighting 
equipment that does not contain an intentionally 
added perfluoroalkyl substance or polyfluoroalkyl 
substance.’’; and
263 
(2) by amending subsection (f) to read as fol-
lows: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘perfluoroalkyl substance’ means 
a man-made chemical of which all of the carbon 
atoms are fully fluorinated carbon atoms. 
‘‘(2) The term ‘polyfluoroalkyl substance’ 
means a man-made chemical containing at least one 
fully fluorinated carbon atom and at least one non- 
fully fluorinated carbon atom. 
‘‘(3) The term ‘covered personal protective fire-
fighting equipment’’ means the following: 
‘‘(A) Turnout gear jacket or coat. 
‘‘(B) Turnout gear pants. 
‘‘(C) Turnout coveralls. 
‘‘(D) Any other personal protective fire-
fighting equipment, as determined by the Sec-
retary of Defense, in consultation with the Ad-
ministrator of the United States Fire Adminis-
tration.’’.
264 
SEC. 342. MODIFICATION TO RESTRICTION ON DEPART-
MENT OF DEFENSE PROCUREMENT OF CER-
TAIN 
ITEMS 
CONTAINING 
PERFLUOROOCTANE 
SULFONATE 
OR 
PERFLUOROOCTANOIC ACID. 
(a) MODIFICATION.—Section 333 of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3531, 
10 U.S.C. 3063 note) is amended— 
(1) in the section heading, by striking 
‘‘PERFLUOROOCTANE
SULFONATE
OR 
PERFLUOROOCTANOIC
ACID’’ 
and 
inserting 
‘‘PERFLUOROALKYL
SUBSTANCES
OR 
POLYFLUOROALKYL SUBSTANCES’’; 
(2) 
in 
subsection 
(a), 
by 
striking 
‘‘perfluorooctane 
sulfonate 
(PFOS) 
or 
perfluorooctanoic acid (PFOA)’’ and inserting ‘‘any 
perfluoroalkyl substance or polyfluoroalkyl sub-
stance’’; and 
(3) by amending subsection (b) to read as fol-
lows: 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered item’ means the fol-
lowing: 
‘‘(A) Nonstick cookware or food service 
ware for use in galleys or dining facilities.
265 
‘‘(B) Food packaging materials. 
‘‘(C) Cleaning products, including floor 
waxes. 
‘‘(D) Carpeting. 
‘‘(E) Rugs, curtains, and upholstered fur-
niture. 
‘‘(F) Sunscreen. 
‘‘(G) Shoes and clothing for which treat-
ment with a perfluoroalkyl substance or 
polyfluoroalkyl substance is not necessary for 
an essential function. 
‘‘(2) The term ‘perfluoroalkyl substance’ means 
a man-made chemical of which all of the carbon 
atoms are fully fluorinated carbon atoms. 
‘‘(3) The term ‘polyfluoroalkyl substance’ 
means a man-made chemical containing at least one 
fully fluorinated carbon atom and at least one 
nonfluorinated carbon atom.’’. 
(b) REPORTS ON PROCUREMENT OF CERTAIN ITEMS 
WITHOUT
INTENTIONALLY
ADDED
PERFLUOROALKYL 
SUBSTANCES OR POLYFLUOROALKYL SUBSTANCES.—Not 
later than 270 days after the date of the enactment of 
this Act, and annually thereafter, the Secretary of Defense 
shall submit to the Committees on Armed Services of the
266 
House of Representatives and the Senate a report con-
taining a detailed description of the following: 
(1) Steps taken to identify covered items with 
any intentionally added perfluoroalkyl substance or 
polyfluoroalkyl substance procured by the Depart-
ment of Defense. 
(2) Steps taken to identify covered items with-
out any intentionally added perfluoroalkyl substance 
or polyfluoroalkyl substance, and the vendors of such 
covered items, for procurement by the Department. 
(3) Steps taken to limit the procurement by the 
Department of covered items with any intentionally 
added perfluoroalkyl substance or polyfluoroalkyl 
substance. 
(4) Planned steps of the Department to limit 
the procurement of items with any intentionally 
added perfluoroalkyl substance or polyfluoroalkyl 
substance. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered item’’ includes the fol-
lowing: 
(A) Nonstick cookware or food service 
ware for use in galleys or dining facilities. 
(B) Food packaging materials.
267 
(C) Cleaning products, including floor 
waxes. 
(D) Carpeting. 
(E) Rugs, curtains, and upholstered fur-
niture. 
(F) Sunscreen. 
(G) Shoes and clothing for which treat-
ment with a perfluoroalkyl substance or 
polyfluoroalkyl substance is not necessary for 
an essential function. 
(H) Such other items as may be deter-
mined by the Secretary of Defense. 
(2) The terms ‘‘perfluoroalkyl substance’’ and 
‘‘polyfluoroalkyl substance’’ have the meaning given 
such terms in section 333 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 
3531, 10 U.S.C. 3063 note), as amended by sub-
section (a). 
SEC. 343. PROHIBITION ON PURCHASE BY DEPARTMENT OF 
DEFENSE 
OF 
FIREFIGHTING 
EQUIPMENT 
CONTAINING PER- AND POLYFLUOROALKYL 
SUBSTANCES. 
(a) PROHIBITION
ON PROCUREMENT.—Except as 
provided in subsection (d), beginning October 1, 2025, the
268 
Secretary of Defense may not enter into any contract for 
the purchase of personal protective firefighting equipment 
for use by firefighters of the Department of Defense if 
such equipment contains a per- or polyfluoroalkyl sub-
stance. 
(b) IMPLEMENTATION.—The Secretary of Defense 
shall include the prohibition under subsection (a) in any 
contract for the purchase of personal protective fire-
fighting equipment for use by firefighters of the Depart-
ment of Defense. 
(c) SAVINGS CLAUSE.—Nothing in this section shall 
be construed— 
(1) to require the Secretary of Defense to test 
any piece of covered personal protective firefighting 
equipment to confirm the absence of per- and 
polyfluoroalkyl substances; or 
(2) to affect existing inventories of personal 
protective firefighting equipment. 
(d) LACK OF AVAILABILITY.— 
(1) IN GENERAL.—If the Secretary of Defense 
determines that equipment described in paragraph 
(2) is not available for purchase by the Department 
of Defense, the requirement under subsection (a) 
shall not apply until such date as the Secretary de-
269 
termines that such equipment is available for pur-
chase. 
(2) EQUIPMENT
DESCRIBED.—The equipment 
described in this paragraph is personal protective 
firefighting equipment that— 
(A) 
does 
not 
contain 
a 
per- 
or 
polyfluoroalkyl substance; 
(B) meets every applicable standard for 
personal 
protective 
firefighting 
equipment 
(other than a standard specifically relating to 
per- or polyfluoroalkyl substances); and 
(C) is at least as protective as current per-
sonal protective firefighting equipment con-
taining a per- or polyfluoroalkyl substance. 
SEC. 344. STANDARDS FOR RESPONSE ACTIONS WITH RE-
SPECT TO PFAS CONTAMINATION. 
(a) IN GENERAL.—In conducting a response action 
to address perfluoroalkyl or polyfluoroalkyl substance con-
tamination from Department of Defense or National 
Guard activities, the Secretary of Defense shall conduct 
such actions to achieve a level of such substances in the 
environmental media that meets or exceeds the most strin-
gent of the following standards for each applicable covered 
PFAS substance in any environmental media:
270 
(1) A State standard, as described in section 
121(d)(2)(A)(ii) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)), that is in ef-
fect in the State in which the response action is 
being conducted, regardless of whether any agency 
has made a determination under section 300.400(g) 
of title 40, Code of Federal Regulations, with re-
spect to such standard for purposes of the response 
action. 
(2) A Federal standard, as described in section 
121(d)(2)(A)(i) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9621(d)(2)(A)(i)). 
(3) 
A 
health 
advisory 
under 
section 
1412(b)(1)(F) of the Safe Drinking Water Act (42 
U.S.C. 300g–1(b)(1)(F)). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered PFAS substance’’ means 
any of the following: 
(A) Perfluorononanoic acid (PFNA). 
(B) Perfluorooctanoic acid (PFOA). 
(C) Perfluorohexanoic acid (PFHxA). 
(D) Perfluorooctane sulfonic acid (PFOS). 
(E) Perfluorohexane sulfonate (PFHxS).
271 
(F) Perfluorobutane sulfonic acid (PFBS). 
(G) Perfluoroheptanoic acid (PFHpA). 
(H) Perfluorodecanoic acid (PFDA). 
(I) Fluorotelomer sulfonamide betaine. 
(2) The term ‘‘response action’’ means an ac-
tion taken pursuant to section 104 of the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9604). 
(c) SAVINGS CLAUSE.—Except with respect to the 
specific level required to be met under subsection (a), 
nothing in this section affects the application of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.). 
SEC. 345. LIST OF CERTAIN PFAS USES DEEMED ESSEN-
TIAL; BRIEFINGS ON DEPARTMENT OF DE-
FENSE PROCUREMENT OF CERTAIN ITEMS 
CONTAINING PFOS OR PFOA. 
(a) LIST OF PFAS USES DEEMED ESSENTIAL.—Not 
later than June 1, 2023, the Secretary of Defense shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a list of each known 
use of per- or polyfluoroalkyl substances that the Sec-
retary has deemed an essential use for which use of a re-
placement substance is impossible or impracticable. For 
each use so listed, the Secretary shall—
272 
(1) identify why the use is essential; and 
(2) provide a brief explanation as to why such 
replacement is impossible or impracticable, as the 
case may be. 
(b) ANNUAL BRIEFINGS.—Not later than 270 days 
after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall provide to the 
Committees on Armed Services of the House of Represent-
atives and the Senate a briefing that includes a description 
of each of the following: 
(1) Steps taken to identify covered items pro-
cured by the Department of Defense that contain 
perfluorooctane 
sulfonate 
(PFOS) 
or 
perfluorooctanoic acid (PFOA). 
(2) Steps taken to identify products and ven-
dors of covered items that do not contain PFOS or 
PFOA. 
(3) Steps taken to limit the procurement by the 
Department of covered items that contain PFOS or 
PFOA. 
(4) Steps the Secretary intends to take to limit 
the procurement of covered items that contain 
PFOS or PFOA. 
(c) COVERED ITEM DEFINED.—In this section, the 
term ‘‘covered item’’ means—
273 
(1) nonstick cookware or cooking utensils for 
use in galleys or dining facilities; and 
(2) upholstered furniture, carpets, and rugs 
that have been treated with stain-resistant coatings. 
Subtitle E—Logistics and 
Sustainment 
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATE-
RIEL READINESS METRICS AND OBJECTIVES 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) IN GENERAL.—Section 118 of title 10, United 
States Code, is amended: 
(1) in subsection (d)(2), by striking ‘‘objec-
tives’’ and inserting ‘‘objectives, such as infrastruc-
ture, workforce, or supply chain considerations’’; 
(2) redesignating subsection (e) as subsection 
(f); and 
(3) inserting after subsection (d) the following 
new subsection (e): 
‘‘(e) FUNDING ESTIMATES.—Not later than five days 
after the date on which the Secretary of Defense submits 
to Congress the materials in support of the budget of the 
President for a fiscal year, the Director of Cost Assess-
ment and Performance Evaluation shall submit to the con-
gressional defense committees a comprehensive estimate
274 
of the funds necessary to meet the materiel readiness ob-
jectives required by subsection (c) through the period cov-
ered by the most recent future-years defense program. At 
a minimum, the Director shall provide, for each major 
weapon system, by designated mission design series, vari-
ant, or class, a comprehensive estimate of the funds nec-
essary to meet such objectives that— 
‘‘(1) have been obligated by subactivity group 
within the operation and maintenance accounts for 
the second fiscal year preceding the budget year; 
‘‘(2) the Director estimates will have been obli-
gated by subactivity group within the operation and 
maintenance accounts by the end of the fiscal year 
preceding the budget year; and 
‘‘(3) have been budgeted and programmed 
across the future years defense program within the 
operation and maintenance accounts by subactivity 
group.’’. 
(b) PHASED IMPLEMENTATION.—The Director of 
Cost Assessment and Performance Evaluation, may meet 
the requirements of subsection (e) of section 118 of title 
10, United States Code, as added by subsection (a), 
through a phased submission of the funding estimates re-
quired under such subsection. In conducting a phased im-
plementation, the Director shall ensure that—
275 
(1) for the budget request for fiscal year 2024, 
funding estimates are provided for a representative 
sample by military department of at least one-third 
of the major weapon systems; 
(2) for the budget request for fiscal year 2025, 
funding estimates are provided for an additional 
one-third of the major weapon systems; and 
(3) full implementation for all major weapons 
systems is completed not later than five days after 
the date on which the Secretary of Defense submits 
to Congress the materials in support of the budget 
of the President for fiscal year 2026. 
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United 
States Code, is amended— 
(1) in the heading, by inserting ‘‘, mainte-
nance, and modernization’’ after ‘‘con-
struction’’; 
(2) by redesignating subsections (d) through (f) 
as subsections (e) through (g), respectively; 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MOD-
ERNIZATION OF NAVAL VESSELS.—In addition to the plan
276 
included under subsection (a)(1), the Secretary of Defense 
shall include with the defense budget materials for a fiscal 
year each of the following: 
‘‘(1) A plan for the maintenance and mod-
ernization of naval vessels that includes the fol-
lowing: 
‘‘(A) A forecast of the maintenance and 
modernization requirements for both the naval 
vessels in the inventory of the Navy and the 
vessels required to be delivered under the naval 
vessel 
construction 
plan 
under 
subsection 
(a)(1). 
‘‘(B) A description of the initiatives of the 
Secretary of the Navy to ensure that activities 
key to facilitating the maintenance and mod-
ernization of naval vessels (including with re-
spect to increasing workforce and industrial 
base capability and capacity, shipyard level- 
loading, and facility improvements) receive suf-
ficient resourcing, and are including in appro-
priate planning, to facilitate the requirements 
specified in subparagraph (A). 
‘‘(2) A certification by the Secretary that both 
the budget for that fiscal year and the future-years 
defense program submitted to Congress in relation
277 
to such budget under section 221 of this title pro-
vide for funding for the maintenance and moderniza-
tion of naval vessels at a level that is sufficient for 
such maintenance and modernization in accordance 
with the plan under paragraph (1).’’; and 
(4) in subsection (f), as redesignated by para-
graph (2), by inserting ‘‘ and the plan and certifi-
cation under subsection (d)’’ after ‘‘subsection (a)’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 9 of title 10, United States 
Code, is amended by striking the item relating to section 
231 and inserting the following new item: 
‘‘231. Budgeting for construction, maintenance, and modernization of naval ves-
sels: annual plan and certification.’’. 
SEC. 353. INDEPENDENT STUDY RELATING TO FUEL DIS-
TRIBUTION 
LOGISTICS 
ACROSS 
UNITED 
STATES INDO-PACIFIC COMMAND. 
(a) STUDY.—Not later than the 30 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into a contract with a federally funded 
research and development center to conduct a study on 
fuel distribution logistics in the area of responsibility of 
the United States Indo-Pacific Command. 
(b) CRITERIA FOR FFRDC.—The federally funded 
research and development center with which the Secretary 
seeks to enter into an contract under subsection (a) shall
278 
meet the following criteria, as determined by the Sec-
retary: 
(1) A primary focus on the conduct of studies 
and analysis. 
(2) A demonstrated record of conducting re-
search and analysis using a multidisciplinary ap-
proach. 
(3) A strong reputation for publishing publicly 
releasable analysis to inform public debate. 
(c) ELEMENTS.—The study conducted pursuant to 
subsection (a) shall include, with respect to the area of 
responsibility of the United States Indo-Pacific Command, 
the following: 
(1) An evaluation of the vulnerabilities associ-
ated with the production, refinement, and distribu-
tion of fuel by the Armed Forces during periods of 
conflict and in contested logistics environments with-
in the area, including with respect to the capability 
of the Armed Forces to sustain operational flights 
by aircraft and joint force distributed operations. 
(2) An assessment of potential adversary capa-
bilities to disrupt such fuel distribution in the area 
through a variety of means, including financial 
means, cyber means, and conventional kinetic at-
tacks.
279 
(3) An assessment of any gaps in the capability 
or capacity of inter- or intra-theater fuel distribu-
tion, including any gaps relating to storage, transfer 
platforms, manning for platforms, command and 
control, or fuel handling. 
(4) An evaluation of the positioning of defense 
fuel support points in the area, including with re-
spect to operational suitability and vulnerability to a 
variety of kinetic threats. 
(5) An assessment of the readiness of allies and 
partners of the United States to support the supply, 
storage, and distribution of fuel by the Armed 
Forces in the area, including a review of any rel-
evant security cooperation agreements entered into 
between the United States and such allies and part-
ners. 
(6) An assessment of potential actions to miti-
gate any vulnerabilities identified pursuant to the 
study. 
(d) REPORT.— 
(1) SUBMISSION
TO
SECRETARY
OF
DE-
FENSE.— 
(A) IN GENERAL.—The Secretary of De-
fense shall require, as a term of any contract 
entered into with a federally funded research
280 
and development center to conduct a study pur-
suant to subsection (a), that not later than one 
year after the date of entering into such con-
tract, the federally funded research and devel-
opment center shall submit to the Secretary a 
report containing the findings of the study. 
(B) FORM.—The report under subpara-
graph (A) shall be submitted in an unclassified 
and publicly releasable form, but may contain a 
classified annex. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date on which the Secretary of De-
fense receives the report under paragraph (1), the 
Secretary shall submit to the appropriate congres-
sional committees a copy of such report, submitted 
without change. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and 
Infrastructure of the House of Representatives; 
and 
(C) the Committee on Commerce, Science, 
and Transportation of the Senate.
281 
(2) The term ‘‘contested logistics environment’’ 
has the meaning given that term in section 2926 of 
title 10, United States Code. 
SEC. 354. PROGRAMS OF MILITARY DEPARTMENTS ON RE-
DUCTION OF FUEL RELIANCE AND PRO-
MOTION OF ENERGY-AWARE BEHAVIORS. 
(a) ESTABLISHMENT.—Subchapter III of chapter 
173 of title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 2928. Programs on reduction of fuel reliance and 
promotion of energy-aware behaviors 
‘‘(a) ESTABLISHMENT.—Each Secretary of a military 
department shall establish a program for the promotion 
of energy-aware behaviors within that military department 
and the reduction of unnecessary fuel consumption in sup-
port of the goals under subsection (b). 
‘‘(b) GOALS.—The goals of the programs established 
under subsection (a) shall be as follows: 
‘‘(1) To reduce the reliance of the Department 
of Defense on fossil fuels. 
‘‘(2) 
To 
decrease 
energy-related 
strategic 
vulnerabilities and enhance military readiness. 
‘‘(3) To integrate sustainability features for 
new and existing military installations and other fa-
cilities of the Department.
282 
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the 
program of a military department under subsection (a), 
the Secretary of such military department shall carry out, 
with respect to the military department, and at a min-
imum, the following: 
‘‘(1) The development and implementation of a 
strategy for the collection and analysis of data on 
fuel consumption, to identify operational inefficien-
cies and enable data-driven decision-making with re-
spect to the reduction of fuel consumption and fuel 
logistics. 
‘‘(2) The fostering of an energy-aware culture 
across the military department to reduce fuel con-
sumption, including through— 
‘‘(A) the provision of educational and 
training materials, including such materials 
that provide information on the importance of 
operational energy security and energy-aware 
behavior for military readiness and combat ca-
pability; and 
‘‘(B) the pursuit of relevant research op-
portunities with civilian institutions of higher 
education and postsecondary educational insti-
tutions within the Department of Defense.
283 
‘‘(3) The integration of operational energy fac-
tors into the wargaming of the military department 
and other related training activities that involve the 
modeling of scenarios, in accordance with subsection 
(d), to provide to participants in such activities real-
istic data on the risks and challenges relating to 
operational energy and fuel logistics. 
‘‘(4) The implementation of data-driven oper-
ations planning and logistics, to optimize cargo 
transport, streamline operations, and reduce fuel de-
mand and reliance within the military department. 
‘‘(d) WARGAMING ELEMENTS.—In integrating oper-
ational energy factors into the wargaming and related 
training activities of a military department under sub-
section (c)(4), the Secretary of the military department 
shall seek to ensure that the planning, design, and execu-
tion of such activities include— 
‘‘(1) coordination with the elements of the mili-
tary department responsible for fuel and logistics 
matters, to ensure the modeling of energy demand 
and network risk during such activities are accurate, 
taking into account shortfalls and the direct and in-
direct effects of the efforts of foreign adversaries to 
target fuel supply chains; and
284 
‘‘(2) a focus on improving integrated life-cycle 
management processes and fuel supply logistics.’’. 
(b) DEADLINE
FOR ESTABLISHMENT.—The pro-
grams required under section 2928 of title 10, United 
States Code, as added by subsection (a), shall be estab-
lished by not later than 180 days after the date of the 
enactment of this Act. 
(c) BRIEFING.—Not later than 180 days after the 
date of enactment of this Act, each Secretary of a military 
department shall provide to the congressional defense 
committees a briefing on the establishment of the program 
of the military department required under such section 
2928. 
Subtitle F—Matters Relating to De-
pots and Ammunition Produc-
tion Facilities 
SEC. 361. BUDGETING FOR DEPOT AND AMMUNITION PRO-
DUCTION FACILITY MAINTENANCE AND RE-
PAIR: ANNUAL REPORT. 
Chapter 9 of title 10, United States Code, is amended 
by adding at the end the following new section (and con-
forming the table of sections at the beginning of such 
chapter accordingly):
285 
‘‘§ 239d. Budgeting for depot and ammunition pro-
duction facility maintenance and repair: 
annual report 
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, 
in coordination with the Secretaries of the military depart-
ments, shall include with the defense budget materials for 
each fiscal year a report regarding the maintenance and 
repair of covered facilities. 
‘‘(b) ELEMENTS.—Each report required under sub-
section (a) shall include, at a minimum, the following 
(disaggregated by military department): 
‘‘(1) With respect to each of the three fiscal 
years preceding the fiscal year covered by the de-
fense budget materials with which the report is in-
cluded, revenue data for that fiscal year for the 
maintenance, repair, and overhaul workload funded 
at all the depots of the military department. 
‘‘(2) With respect to the fiscal year covered by 
the defense budget materials with which the report 
is included and each of the two fiscal years prior, an 
identification of the following: 
‘‘(A) The amount of appropriations budg-
eted for that fiscal year for depots, further 
disaggregated by the type of appropriation. 
‘‘(B) The amount budgeted for that fiscal 
year for working-capital fund investments by
286 
the Secretary of the military department for the 
capital budgets of the covered depots of the 
military department, shown in total and further 
disaggregated by whether the investment relates 
to the efficiency of depot facilities, work envi-
ronment, equipment, equipment (non-capital in-
vestment program), or processes. 
‘‘(C) The total amount required to be in-
vested by the Secretary of the military depart-
ment for that fiscal year for the capital budgets 
of covered depots pursuant to section 2476(a) 
of this title. 
‘‘(D) A comparison of the budgeted 
amount identified under subparagraph (B) with 
the total required amount identified under sub-
paragraph (C). 
‘‘(E) For each covered depot of the mili-
tary department, of the total required amount 
identified under subparagraph (C), the percent-
age of such amount allocated, or projected to be 
allocated, to the covered depot for that fiscal 
year. 
‘‘(3) For each covered facility of the military 
department, the following:
287 
‘‘(A) Information on the average facility 
condition, average critical facility condition, res-
toration and maintenance project backlog, and 
average equipment age, including a description 
of any changes in such metrics from previous 
years. 
‘‘(B) Information on the status of the im-
plementation at the covered facility of the plans 
and strategies of the Department of Defense re-
lating to covered facility improvement, includ-
ing, as applicable, the implementation of the 
strategy required under section 359 of the Na-
tional Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92; 133 Stat. 
1323; 10 U.S.C. 2460 note). 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘ammunition production facility’ 
means an ammunition organic industrial base pro-
duction facility. 
‘‘(2) The terms ‘budget’ and ‘defense budget 
materials’ have the meaning given those terms in 
section 234 of this title. 
‘‘(3) The term ‘covered depot’ has the meaning 
given that term in section 2476 of this title.
288 
‘‘(4) The term ‘covered facility’ means a cov-
ered depot or an ammunition production facility.’’. 
SEC. 362. EXTENSION OF AUTHORIZATION OF DEPOT 
WORKING CAPITAL FUNDS FOR UNSPECIFIED 
MINOR MILITARY CONSTRUCTION. 
Section 2208(u)(4) of title 10, United States Code, 
is amended by striking ‘‘2023’’ and inserting ‘‘2025’’. 
SEC. 363. MODIFICATION TO MINIMUM CAPITAL INVEST-
MENT FOR CERTAIN DEPOTS. 
(a) MODIFICATION.—Section 2476 of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘six’’ and inserting 
‘‘eight’’; and 
(B) by adding at the end the following new 
sentence: ‘‘Of such total amount required to be 
invested, an amount equal to not less than two 
percent of such average total for the preceding 
three fiscal years shall be invested from funds 
authorized for Facilities Sustainment, Restora-
tion, and Modernization activities of the mili-
tary department.’’; and 
(2) in subsection (b), by inserting ‘‘ including 
through the rebuilding of property following the end 
of the economic useful life of the property and the
289 
restoration of property or equipment to like-new con-
dition,’’ after ‘‘operations,’’; 
(3) by redesignating subsections (c) through (e) 
as subsections (d) through (f); and 
(4) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) 
COMPLIANCE
WITH
CERTAIN
REQUIRE-
MENTS.—In identifying amounts to invest pursuant to the 
requirement under subsection (a), the Secretary of a mili-
tary department shall comply with all applicable require-
ments of sections 129 and 129a of this title.’’. 
(b) CONFORMING AMENDMENT.—Section 2861(b) of 
such title is amended by striking ‘‘subsection (e) of section 
2476’’ and inserting ‘‘subsection (f) of section 2476’’. 
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to fiscal years begin-
ning on or after October 1, 2023. 
SEC. 364. CONTINUATION OF REQUIREMENT FOR BIENNIAL 
REPORT ON CORE DEPOT-LEVEL MAINTE-
NANCE AND REPAIR. 
(a) IN GENERAL.—Section 1080(a) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does 
not apply to the report required to be submitted to Con-
290 
gress under section 2464(d) of title 10, United States 
Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 
note) is amended by striking paragraph (45). 
SEC. 365. CONTINUATION OF REQUIREMENT FOR ANNUAL 
REPORT ON FUNDS EXPENDED FOR PER-
FORMANCE OF DEPOT-LEVEL MAINTENANCE 
AND REPAIR WORKLOADS. 
(a) IN GENERAL.—Section 1080(a) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1000; 10 U.S.C. 111 note) does 
not apply to the report required to be submitted to Con-
gress under section 2466(d) of title 10, United States 
Code. 
(b) CONFORMING REPEAL.—Section 1061(c) of the 
National Defense Authorization Act for Fiscal Year 2017 
(Public Law 114–328; 130 Stat. 2401; 10 U.S.C. 111 
note) is amended by striking paragraph (46). 
SEC. 366. FIVE-YEAR PLANS FOR IMPROVEMENTS TO 
DEPOT AND AMMUNITION PRODUCTION FA-
CILITY INFRASTRUCTURE. 
(a) FIVE-YEAR PLANS REQUIRED.—Concurrent with 
the submission to Congress of the budget of the President
291 
for each of fiscal years 2024, 2025, 2026, 2027, and 2028 
pursuant to section 1105(a) of title 31, United States 
Code, each Secretary of a military department shall sub-
mit to the congressional defense committees a report con-
taining a description of the plan of that Secretary to im-
prove depot and ammunition production facility infra-
structure during the five fiscal years following the fiscal 
year for which such budget is submitted, with the objective 
of ensuring that all covered facilities have the capacity and 
capability to support the readiness and material avail-
ability goals of current and future weapon systems of the 
Department of Defense. 
(b) ELEMENTS.—Each plan required pursuant to 
subsection (a) shall include, with respect to the depots and 
ammunition production facilities of the military depart-
ment for which the plan is submitted, the following: 
(1) A comprehensive review of the conditions 
and performance of each covered facility, including 
the following: 
(A) An assessment of the current status of 
the following elements: 
(i) Cost and schedule performance of 
the covered facility. 
(ii) Material availability of weapon 
systems supported at the covered facility
292 
and the impact of the performance of the 
covered facility on that availability. 
(iii) Work in progress and non-oper-
ational items awaiting covered facility 
maintenance. 
(iv) The condition of the covered facil-
ity. 
(v) The backlog of restoration and 
modernization projects at the covered facil-
ity. 
(vi) The condition of equipment at the 
covered facility. 
(vii) The vulnerability of the covered 
facility to adverse environmental conditions 
and, if necessary, the investment required 
to withstand those conditions. 
(B) With respect to the five-year period 
covered by the plan, an identification of the 
major lines of effort, milestones, and specific 
goals over such period to address the elements 
specified in subparagraph (A) and a description 
of how such goals serve the long-term strategies 
of the Department of Defense relating to cov-
ered facility improvement, including, as applica-
ble, the strategy required under section 359 of
293 
the National Defense Authorization Act for Fis-
cal Year 2020 (Public Law 116–92; 133 Stat. 
1323; 10 U.S.C. 2460 note). 
(2) The estimated costs of necessary depot and 
ammunition production facility improvements and a 
description of how such costs would be addressed by 
the Department of Defense budget request sub-
mitted during the same year as the plan and the ap-
plicable future-years defense program. 
(3) Information regarding the plan of the Sec-
retary of the military department to initiate such en-
vironmental and engineering studies as may be nec-
essary to carry out planned depot and ammunition 
production facility improvements. 
(4) Detailed information regarding how depot 
improvement projects and ammunition production 
facility improvement projects will be paced and 
sequenced to ensure continuous operations. 
(c) INCORPORATION OF RESULTS-ORIENTED MAN-
AGEMENT PRACTICES.—Each plan required pursuant to 
subsection (a) shall incorporate the leading results-ori-
ented management practices identified in the report of the 
Comptroller General of the United States titled ‘‘Actions 
Needed to Improve Poor Conditions of Facilities and 
Equipment that Affect Maintenance Timeliness and Effi-
294 
ciency’’ (GAO–19–242), or any successor report, includ-
ing— 
(1) analytically based goals; 
(2) results-oriented metrics; 
(3) the identification of required resources, 
risks, and stakeholders; and 
(4) regular reporting on progress to decision- 
makers. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘ammunition production facility’’ 
means an ammunition organic industrial base pro-
duction facility. 
(2) The term ‘‘covered depot’’ has the meaning 
given that term in section 2476 of title 10, United 
States Code. 
(3) The term ‘‘covered facility’’ means a cov-
ered depot or an ammunition production facility. 
SEC. 367. CLARIFICATION OF CALCULATION FOR CERTAIN 
WORKLOAD CARRYOVER OF DEPARTMENT 
OF ARMY. 
For purposes of calculating the amount of workload 
carryover with respect to the depots and arsenals of the 
Department of the Army, the Secretary of Defense shall 
authorize the Secretary of the Army to use a calculation
295 
for such carryover that applies a material end of period 
exclusion. 
Subtitle G—Reports 
SEC. 371. ANNUAL REPORTS BY DEPUTY SECRETARY OF 
DEFENSE ON ACTIVITIES OF JOINT SAFETY 
COUNCIL. 
Section 184(k) of title 10, United States Code is 
amended— 
(1) by striking ‘‘REPORT.—The Chair’’ and in-
serting ‘‘REPORTS.—(1) The Chair’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Not later than December 31, 2022, and on an 
annual basis thereafter, the Deputy Secretary of Defense 
shall submit to the congressional defense committees a re-
port containing— 
‘‘(A) a summary of the goals and priorities of 
the Deputy Secretary for the year following the date 
of the submission of the report with respect to the 
activities of the Council; and 
‘‘(B) an assessment by the Deputy Secretary of 
the activities of the Council carried out during the 
year preceding the date of such submission.’’.
296 
SEC. 372. QUARTERLY REPORTS ON EXPENDITURES FOR 
ESTABLISHMENT 
OF 
FUEL 
DISTRIBUTION 
POINTS IN INDOPACOM AREA OF RESPONSI-
BILITY. 
(a) QUARTERLY REPORTS REQUIRED.—The Com-
mander of United States Indo-Pacific Command shall sub-
mit to the congressional defense committees quarterly re-
ports on the use of the funds described in subsection (c) 
until the date on which all such funds are expended. 
(b) CONTENTS OF REPORT.—Each report required 
under subsection (a) shall include an expenditure plan for 
the establishment of fuel distribution points in the area 
of responsibility of United States Indo-Pacific Command 
relating to the defueling and closure of the Red Hill Bulk 
Fuel Storage Facility. 
(c) FUNDS DESCRIBED.—The funds described in this 
subsection are the amounts authorized to be appropriated 
or otherwise made available for fiscal year 2023 for Mili-
tary Construction, Defense-wide for Planning and Design 
for United States Indo-Pacific Command. 
SEC. 373. SECRETARY OF DEFENSE REPORT ON ESTAB-
LISHING PROCEDURE FOR ALERTING ABOUT 
EXPOSURE 
TO 
PERFLUOROALKYL 
SUB-
STANCES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense
297 
shall submit a report to Congress detailing how to estab-
lish a process for alerting active and retired members of 
the Armed Forces (and their families) about any applica-
ble exposure of such individuals to perfluoroalkyl sub-
stances, and any potential health risks resulting from such 
exposure. 
(b) APPLICABLE EXPOSURE DEFINED.—For pur-
poses of subsection (a), ‘‘applicable exposure’’ means expo-
sure while serving on a military base that contains 
perfluoroalkyl substance contamination of more than the 
acceptable exposure limits provided by the Environmental 
Protection Agency (0.004 parts per trillion (ppt) for 
perfluorooctanoic acid (PFOA) and 0.02 ppt for 
perfluorooctane sulfonic acid (PFOS)). 
SEC. 
374. 
REPORT 
ON 
EFFECTS 
OF 
WILDFIRE 
AND 
DROUGHT CONDITIONS ON MILITARY READI-
NESS AT UNITED STATES NAVAL OBSERV-
ATORY FLAGSTAFF STATION. 
Not later than one year after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the 
effects of wildfire and persistent drought conditions at the 
United States Naval Observatory Flagstaff Station. Such 
report shall include the following:
298 
(1) A detailed description of the threat that 
such conditions pose to the United States Naval Ob-
servatory Flagstaff Station, including with respect to 
the mission of the facility, continued operations, 
military readiness, military and civilian workforce, 
housing, and access to water at the facility. 
(2) Recommendations for actions to be taken by 
the Secretary of Defense, and by Congress, to en-
sure the continued and safe operations of the facil-
ity. 
SEC. 375. REPORTS RELATING TO AQUEOUS FILM-FORMING 
FOAM SUBSTITUTES AND PFAS CONTAMINA-
TION AT CERTAIN INSTALLATIONS. 
(a) REPORT ON PROGRESS TOWARDS AFFF SUB-
STITUTES.—Not later than one year after the date of the 
enactment of this Act, the Under Secretary of Defense for 
Acquisition and Sustainment shall submit to the congres-
sional defense committees a report on the progress made 
towards, and the status of any certification efforts relating 
to, the replacement of fluorinated aqueous film-forming 
foam with a fluorine-free fire-fighting agent, as required 
under section 322 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 
1307; 10 USC 2661 note prec.).
299 
(b) REPORT ON NON-AFFF PFAS CONTAMINATION 
AT CERTAIN MILITARY INSTALLATIONS.—Not later than 
one year after the date of the enactment of this Act, the 
Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the congressional defense 
committees a report on known or suspected contamination 
on or around military installations located in the United 
States resulting from the release of any perfluoroalkyl 
substance or polyfluoroalkyl substance originating from a 
source other than aqueous film-forming foam. 
SEC. 376. BRIEFINGS ON IMPLEMENTATION OF REC-
OMMENDATIONS RELATING TO SAFETY AND 
ACCIDENT PREVENTION. 
Beginning not later than 45 days after the date of 
the enactment of this Act, and on a biannual basis there-
after until such time as each recommendation referred to 
in this section has been implemented, the Secretary of De-
fense shall provide to the Committees on Armed Services 
of the House of Representatives and the Senate a briefing 
on the status of the implementation of recommendations 
relating to safety and the prevention of accidents and mis-
haps (including fatal accidents) with respect to members 
of the Armed Forces, including— 
(1) the recommendations of the Comptroller 
General of the United States in the Government Ac-
300 
countability Office report of July 2021, titled ‘‘Mili-
tary Vehicles: Army and Marine Corps Should Take 
Additional Actions to Mitigate and Prevent Training 
Accidents’’ (relating to vehicle safety); 
(2) the recommendations of the National Com-
mission on Military Aviation Safety under section 
1087 of the John S. McCain National Defense Au-
thorization Act for Fiscal Year 2019 (Public Law 
115–232; 132 Stat. 1992); and 
(3) the 117 recommendations of the Readiness 
Reform Oversight Committee of the Department of 
the Navy following the deaths of 17 members of the 
Armed Forces on the USS John McCain and the 
USS Fitzgerald. 
Subtitle H—Other Matters 
SEC. 381. ACCOUNTABILITY FOR MILITARY WORKING DOGS. 
(a) IN GENERAL.—Chapter 50 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section (and conforming the table of sections 
at the beginning of such chapter accordingly): 
‘‘§ 995. Accountability for military working dogs 
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CON-
TRACTORS.— 
‘‘(1) REQUIREMENT.—The Secretary of De-
fense shall require that each covered contractor sub-
301 
mit to the Under Secretary of Defense (Comp-
troller), on an annual basis for the contract period, 
a report containing an identification of— 
‘‘(A) the number of military working dogs 
that are in the possession of the covered con-
tractor and located outside of the continental 
United States in support of a military oper-
ation, if any; and 
‘‘(B) the primary location of any such mili-
tary working dogs. 
‘‘(2) GUIDANCE.—The Under Secretary of De-
fense (Comptroller) shall issue guidance on the an-
nual reporting requirement under paragraph (1) for 
purposes of carrying out this section. 
‘‘(b) ANNUAL REPORT
TO CONGRESS.—Not later 
than March 1, 2023, and on an annual basis thereafter, 
the Secretary of Defense shall submit to the congressional 
defense a committees a report on the implementation of 
this section. 
‘‘(c) COVERED CONTRACTOR DEFINED.—The term 
‘covered contractor’ means a contractor of the Department 
of Defense the contract of which the Secretary determines 
involves military working dogs.’’.
302 
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to contracts entered 
into on or after the date of the enactment of this Act. 
(c) DEADLINE FOR GUIDANCE.—Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary of Defense (Comptroller) shall issue the guid-
ance specified in section 995(a)(2) of title 10, United 
States Code, as added by subsection (a). 
(d) REGULATIONS TO PROHIBIT ABANDONMENT.— 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Defense shall issue regula-
tions to prohibit the abandonment of military working 
dogs used in support of a military operation outside of 
the continental United States. 
SEC. 382. MEMBERSHIP OF COAST GUARD ON JOINT SAFE-
TY COUNCIL. 
Section 184(b)(1) of title 10, United States Code, is 
amended— 
(1) by redesignating subparagraph (D) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph: 
‘‘(D) During periods in which the Coast Guard 
is not operating as a service in the Department of
303 
the Navy, an officer of the Coast Guard, appointed 
by the Secretary of Homeland Security.’’. 
SEC. 383. REQUIREMENT OF SECRETARY OF DEFENSE TO 
REIMBURSE STATE COSTS OF FIGHTING CER-
TAIN WILDLAND FIRES. 
(a) REQUIREMENT.—Section 2691(d) of title 10, 
United States Code, is amended by striking ‘‘may’’ and 
inserting ‘‘shall’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to any lease, permit, 
license, or other grant of access that the Secretary of De-
fense enters into, or grants, on or after the date of the 
enactment of this Act. 
SEC. 384. EXPANDED CONSULTATION IN TRAINING OF NA-
TIONAL GUARD PERSONNEL ON WILDFIRE 
RESPONSE. 
Section 351 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91) is amended 
by inserting ‘‘and the National Interagency Fire Center’’ 
after ‘‘Bureau’’. 
SEC. 385. INTERAGENCY COLLABORATION AND EXTENSION 
OF PILOT PROGRAM ON MILITARY WORKING 
DOGS AND EXPLOSIVES DETECTION. 
(a) EXTENSION
OF
PILOT
PROGRAM.—Section 
381(b) of the National Defense Authorization Act for Fis-
304 
cal Year 2022 (Public Law 117–81; 135 Stat. 1672; 10 
U.S.C. 3062 note) is amended by striking ‘‘2024’’ and in-
serting ‘‘2025’’. 
(b) REVIEW OF RESEARCH EFFORTS OF DEPART-
MENT OF DEFENSE AND DEPARTMENT OF HOMELAND 
SECURITY.— 
(1) REVIEW.—The Secretary of Defense, in co-
ordination with the Secretary of Homeland Security, 
shall conduct a review of the recent and ongoing re-
search, testing, and evaluation efforts of the Depart-
ment of Defense and the Department of Homeland 
Security, respectively, regarding explosives detection 
working dogs. 
(2) MATTERS.—The review under paragraph 
(1) shall include an analysis of the following: 
(A) Any recent or ongoing research efforts 
of the Department of Defense or the Depart-
ment of Homeland Security, respectively, relat-
ing to explosives detection working dogs, and 
any similarities between such efforts. 
(B) Any recent or ongoing veterinary re-
search efforts of the Department of Defense or 
the Department of Homeland Security, respec-
tively, relating to working dogs, canines, or 
other areas that may be relevant to the im-
578 
SEC. 595. PILOT PROGRAM ON CAR SHARING ON MILITARY 
INSTALLATIONS IN ALASKA. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall seek to carry out a pilot program to allow 
car sharing on military installations in Alaska. 
(b) PROGRAM ELEMENTS.—To carry out a pilot pro-
gram under this section, the Secretary shall take steps in-
cluding the following: 
(1) Seek to enter into an agreement with an en-
tity that— 
(A) provides car sharing services; and 
(B) is capable of serving all military instal-
lations in Alaska. 
(2) Provide to members assigned to military in-
stallations in Alaska the resources the Secretary de-
termines necessary to participate in such pilot pro-
gram. 
(3) Promote such pilot program to such mem-
bers. 
(c) IMPLEMENTATION PLAN.—Not later than 90 
days after the date the Secretary enters into an agreement 
under subsection (b)(1), the Secretary shall submit to the 
congressional defense committees a plan to carry out the 
pilot program.
2240 
‘‘(A) is organized under the laws of the 
United States or any jurisdiction within the 
United States; and 
‘‘(B) produces— 
‘‘(i) one or more critical components; 
‘‘(ii) critical technology; or 
‘‘(iii) one or more products or raw 
materials for the security of supply chains 
or supply chain activities. 
‘‘(3) DEFINITIONS.—In this subsection, the 
terms ‘supply chain’ and ‘supply chain activities’ 
have the meanings given those terms by the Presi-
dent by regulation.’’. 
(2) REGULATIONS.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the enactment of this Act, the 
President shall prescribe regulations setting 
forth definitions for the terms ‘‘supply chain’’ 
and ‘‘supply chain activities’’ for the purposes 
of section 303(h) of the Defense Production Act 
of 1950 (50 U.S.C. 4533(h)), as added by para-
graph (1). 
(B) SCOPE OF DEFINITIONS.—The defini-
tions required by subparagraph (A)— 
(i) shall encompass—