H. R. 7776—77 
and responsibilities relating to the research, development, 
prototyping, testing, procurement of, requirements for, and 
operational use of artificial intelligence technologies. 
‘‘(2) APPROPRIATE OFFICIALS.—The officials assigned roles 
and responsibilities under paragraph (1) shall include— 
‘‘(A) the Under Secretary of Defense for Research and 
Engineering; 
‘‘(B) the Under Secretary of Defense for Acquisition 
and Sustainment; 
‘‘(C) one or more officials in each military department; 
‘‘(D) officials of appropriate Defense Agencies; and 
‘‘(E) such other officials as the Secretary of Defense 
determines appropriate.’’; 
(2) in subsection (e), by striking ‘‘Director of the Joint 
Artificial Intelligence Center’’ and inserting ‘‘official designated 
under subsection (b)’’; and 
(3) by striking subsection (h). 
(m) REFERENCES.—Any reference in any law, regulation, guid-
ance, instruction, or other document 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 Authorization 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. 
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE 
FOR 
RESEARCH 
AND 
ENGINEERING 
IN 
PERSONNEL 
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN 
SCIENCE AND ENGINEERING. 
Section 4092 of title 10, United States Code, is amended— 
(1) in subsection (a), by adding at the end the following 
new paragraph: 
‘‘(10) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR 
RESEARCH AND ENGINEERING.—The Under Secretary of Defense 
for Research and Engineering may carry out a program of 
personnel management authority provided in subsection (b) 
in order to facilitate recruitment of eminent experts in science 
or engineering for the Office of the Under Secretary.’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (H), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in subparagraph (I), by striking the semicolon and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(J) in the case of the Office of the Under Secretary 
of Defense for Research and Engineering, appoint scientists 
and engineers to a total of not more than 10 scientific 
and engineering positions in the Office;’’. 
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DES-
IGNATION OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE 
PRODUCTION ACT PROGRAM. 
Section 226 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115–91; 131 Stat. 1335) is amended— 
(1) by redesignating subsection (e) as subsection (f); and
H. R. 7776—78 
(2) by inserting after subsection (d) the following new sub-
section: 
‘‘(e) DESIGNATION
OF OTHER EXECUTIVE AGENTS.—Notwith-
standing the requirements of this section or section 1792 of the 
John S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (50 U.S.C. 4531 note), the Secretary of Defense may 
designate one or more Executive Agents within the Department 
of Defense (other than the Executive Agent described in subsection 
(a)) to implement Defense Production Act transactions entered into 
under the authority of sections 4021, 4022, and 4023 of title 10, 
United States Code.’’. 
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUS-
TRIAL MANUFACTURING PROCESSES. 
(a) AUTHORIZATION.—Subject to the availability of appropria-
tions, the Secretary of Defense shall provide support for the develop-
ment of a network of bioindustrial manufacturing facilities to con-
duct research and development to improve the ability of the indus-
trial base to assess, validate, and scale new, innovative bioindustrial 
manufacturing 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) providing funding to one or more existing facilities 
or the establishment of new facilities— 
(A) to support the research and development of bio-
industrial manufacturing processes; or 
(B) to otherwise expand the bioindustrial manufac-
turing capabilities of such facilities; 
(2) the establishment of dedicated facilities within one or 
more bioindustrial manufacturing facilities to serve as regional 
hubs for the research, development, and the scaling of bioindus-
trial manufacturing processes and products to higher levels 
of production; or 
(3) designating a bioindustrial manufacturing facility to 
serve as the lead entity responsible for integrating a network 
of pilot and intermediate scale bioindustrial manufacturing 
facilities. 
(c) ACTIVITIES.—A facility that receives support under sub-
section (a) shall carry out activities relating to the research, develop-
ment, test, and evaluation of innovative bioindustrial manufac-
turing processes and the scaling of bioindustrial manufacturing 
products to higher levels of production, which may include— 
(1) research on the use of bioindustrial manufacturing to 
create materials such as polymers, coatings, resins, commodity 
chemicals, and other materials with fragile supply chains; 
(2) demonstration projects to evaluate bioindustrial manu-
facturing processes and technologies; 
(3) activities to scale bioindustrial manufacuring processes 
and products to higher levels of production; 
(4) strategic planning for infrastructure and equipment 
investments for bioindustrial manufacturing of defense-related 
materials; 
(5) analyses of bioindustrial manufactured products and 
validation of the application of biological material used as input
H. R. 7776—79 
to new and existing processes 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 manufacturing facilities; 
(7) development and management of a network of facilities 
to scale production of bioindustrial products; 
(8) activities to address workforce needs in bioindustrial 
manufacturing; 
(9) establishing an interoperable, secure, digital infrastruc-
ture for collaborative data exchange across entities in the bio-
industrial manufacturing community, including government 
agencies, industry, and academia; 
(10) developing and implementing digital tools, process 
security and assurance capabilities, cybersecurity protocols, and 
best practices for data storage, sharing and analysis; and 
(11) such other activities as the Secretary of Defense deter-
mines appropriate. 
(d) CONSIDERATIONS.—In determining the number, type, and 
location of facilities to support under subsection (a), the Secretary 
of Defense shall consider— 
(1) how the facilities may complement each other or 
increase production levels by functioning together as a network; 
(2) how to geographically distribute support to such facili-
ties— 
(A) to maximize access to biological material needed 
as an input to bioindustrial manufacturing processes; 
(B) to leverage available industrial and academic exper-
tise, including workforce and human capital; 
(C) to leverage relevant domestic infrastructure 
required to secure supply chains for chemicals and other 
materials; 
(D) to leverage access to venture capital and private 
sector finance expertise and funding instruments; and 
(E) to complement the capabilities of similar facilities; 
and 
(3) how the activities supported under this section can 
be coordinated with relevant activities of other departments 
and agencies of the Federal Government. 
(e) INITIAL CONCEPT PLAN REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees and the 
National Security Commission on Emerging Biotechnology an 
initial concept plan for the implementation of this section that 
includes— 
(A) an assessment of capacity scaling needs to deter-
mine if, and what type of, additional bioindustrial manufac-
turing facilities may be needed to meet the needs of the 
Department of Defense; 
(B) a description of types, relative sizes, and locations 
of the facilities the Secretary intends to establish or support 
under this section; 
(C) a general description of the focus of each facility, 
including the types of bioindustrial manufacturing equip-
ment, if any, that are expected to be procured for each 
such facility;
H. R. 7776—80 
(D) a general description of how the facilities will work 
as a network to maximize the diversity of bioindustrial 
products available to be produced by the network; 
(E) an explanation of how the network will support 
the establishment and maintenance of the bioindustrial 
manufacturing industrial base; and 
(F) an explanation of how the Secretary intends to 
ensure that bioindustrial manufacturing activities con-
ducted under this section are modernized digitally, 
including through— 
(i) the use of data automation to represent proc-
esses and products as models and simulations; and 
(ii) the implementation of measures to address 
cybersecurity and process assurance concerns. 
(2) BRIEFINGS.—Not later than 180 days after the date 
of the submittal of the plan under paragraph (1), and annually 
thereafter for five years, the Secretary of Defense shall provide 
to the congressional defense committees a briefing on the Sec-
retary’s progress in implementing the plan. 
(f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In this section, 
the term ‘‘bioindustrial manufacturing’’ means the use of living 
organisms, cells, tissues, enzymes, or cell-free systems to produce 
materials and products for non-pharmaceutical applications. 
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY 
UPGRADES TO SUPPORT CRITICAL HYPERSONIC WEAPONS 
DEVELOPMENT. 
(a) IN GENERAL.—Subject to the availability of appropriations 
for such purpose, the Secretary of the Air Force shall carry out 
activities to upgrade testing facilities of the Department of the 
Air Force that support the development of critical hypersonic 
weapons that— 
(1) use air-breathing or rocket booster capabilities; and 
(2) are expected to operate in sea-level or high-altitude 
operational domains. 
(b) TIMELINE FOR COMPLETION.—The Secretary of the Air Force 
shall seek to complete any upgrade under subsection (a), subject 
to availability of appropriations for such upgrade, not later than 
24 months after the upgrade is commenced. 
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS 
OF ELECTROMAGNETIC WARFARE TECHNOLOGY. 
(a) DEMONSTRATIONS AND TESTS REQUIRED.—Not later than 
270 days after the date of the enactment of this Act, the Director 
of the Air Force Rapid Capabilities Office, in coordination with 
the Air Force Life Cycle Management Center, shall select one 
or more qualified entities under competitive processes to conduct 
demonstrations and tests of commercial electronics technology to 
determine whether technology currently exists that could enable 
the following electromagnetic warfare capabilities: 
(1) The operation of multiple emitters and receivers in 
the same frequency at the same time and in the same location 
without mutual interference and without using adaptive beam 
forming or nulling. 
(2) Protecting the reception of Global Positioning System 
and other vulnerable low-power signals from multiple high- 
power jammers at a level that is significantly better than
H. R. 7776—81 
the protection afforded by controlled reception pattern 
antennas. 
(3) Simultaneous transmission from and reception of sepa-
rate signals on the same platform wherein the signals lie in 
the same frequency and are transmitted and received at the 
same time without interference. 
(4) Capabilities similar those described in paragraphs (1) 
through (3) in a live, virtual constructive simulation environ-
ment. 
(5) Other capabilities that might satisfy or support needs 
set forth in the Electromagnetic Spectrum Superiority Strategy 
Implementation Plan released on August 5, 2021. 
(b) OVERSIGHT OF TESTS.—The Director of Operational Test 
and Evaluation shall— 
(1) provide oversight of the demonstrations and tests 
required by subsection (a); 
(2) review other applicable government or commercial dem-
onstrations and tests; and 
(3) not later than 30 days after the completion of the 
demonstrations and tests under subsection (a), advise the Chief 
Information Officer of the Department of Defense, the Under 
Secretary of Defense for Research and Engineering, and the 
Under Secretary of Defense for Acquisition and Sustainment 
of the outcomes of the demonstrations and tests. 
(c) OUTCOME-BASED ACTIONS REQUIRED.—If the Director of 
Operational Test and Evaluation and the Director of the Air Force 
Rapid Capabilities Office affirm that the demonstrations and tests 
under subsection (a) confirm that certain commercial electronics 
technology could enable one or more of the capabilities described 
in such subsection— 
(1) not later than 45 days after the conclusion of the 
tests under subsection (a), the Director of the Air Force Rapid 
Capabilities Office and the Director of Operational Test and 
Evaluation shall jointly provide to the congressional defense 
committees a briefing on the outcomes of the tests; 
(2) the Director of the Air Force Rapid Capabilities Office 
may begin engineering form, fit, and function development 
and integration to incorporate technologies demonstrated and 
tested under subsection (a) into specific Department of Defense 
platforms and applications; and 
(3) not later than 90 days after the conclusion of the 
tests under subsection (a), the Director of the Air Force Rapid 
Capabilities Office, the Chief Information Officer, the Under 
Secretary of Defense for Research and Engineering, and the 
Under Secretary of Defense for Acquisition and Sustainment 
shall jointly provide to the congressional defense committees 
a briefing on any plans of the Department of Defense to further 
develop and deploy the technologies demonstrated and tested 
under subsection (a) to support the Electromagnetic Spectrum 
Superiority Strategy Implementation Plan released on August 
5, 2021. 
(d) COMPETITIVENESS REQUIREMENTS.—A decision to commit, 
obligate, or expend funds for the purposes outlined in this section 
shall be based on merit-based selection procedures in accordance 
with the requirements of sections 3201(e) and 4024 of title 10, 
United States Code, or on competitive procedures.
H. R. 7776—82 
(e) COMMERCIAL ELECTRONICS TECHNOLOGY DEFINED.—The 
term ‘‘commercial electronics technology’’ means electronics tech-
nology that is— 
(1) a commercial component (as defined in section 102 
of title 41, United States Code); 
(2) a commercial product (as defined in section 103 such 
title); 
(3) a commercial service (as defined in section 103a of 
such title); or 
(4) a commercially available off-the-shelf item (as defined 
in section 104 of such title). 
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICA-
TIONS PROGRAM. 
(a) RESOURCE SPONSORS.— 
(1) IN GENERAL.—The Commander of Naval Air Systems 
Command and the Director of Air Warfare shall jointly serve 
as the resource sponsors for the Advanced Sensor Applications 
Program (commonly known as ‘‘ASAP’’ and in this section 
referred to as the ‘‘Program’’). 
(2) RESPONSIBILITIES.—The resource sponsors of the Pro-
gram shall be responsible for the following: 
(A) Developing budget requests relating to the Pro-
gram. 
(B) Establishing priorities for the Program. 
(C) Approving the execution of funding and projects 
for the Program. 
(D) Coordination and joint planning with external 
stakeholders in matters relating to the Program. 
(b) LIMITATIONS.—Only the Secretary of the Navy, the Under 
Secretary of the Navy, and the Commander of Naval Air Systems 
Command may— 
(1) provide direction and management for the Program; 
(2) set priorities for the Program; 
(3) regulate or limit the information available or accessible 
to the Program; 
(4) edit reports or findings generated under the Program; 
or 
(5) coordinate and manage interactions of the Program 
with external stakeholders. 
(c) AUTHORITY FOR PROGRAM MANAGER.—The program manager 
for the Program may access, consider, act on, and apply information, 
at all levels of classification and from all sources and organizations, 
that is pertinent to the projects and activities that the Program 
is executing, or considering proposing for the future. 
(d) QUARTERLY BRIEFINGS.—Not less frequently than once every 
three months, the program manager for the Program shall provide 
to the congressional defense committees and congressional intel-
ligence committees (as defined in section 3 of the National Security 
Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the 
Program, including on the status of— 
(1) the implementation of this section; 
(2) the implementation of other congressional directives 
relating to the Program; and 
(3) any direction and oversight of the Program exercised 
by the Commander of Naval Air Systems Command, the Sec-
retary of the Navy, or the Under Secretary of the Navy.
H. R. 7776—83 
(e) STRATEGIC RELATIONSHIP.—The program manager for the 
Program shall evaluate the feasibility and advisability of estab-
lishing a strategic relationship with the Naval Research Laboratory 
pursuant to which the Laboratory provides scientific and technical 
assistance and support for the Program. 
(f) USE OF ASSETS.—The Commander of Naval Air Systems 
Command shall take all actions the Commander considers reason-
able— 
(1) to enable the Program to use assets controlled within 
the Naval Air Systems Command enterprise, including sensor 
systems and platforms; and 
(2) to pursue the use of other assets that may further 
the mission of the Program. 
(g) TERMINATION.—This section shall have no force or effect 
after September 30, 2027. 
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF 
MICROELECTRONICS. 
(a) DEVELOPMENT AND IMPLEMENTATION OF CAPABILITY.—The 
Secretary of Defense shall develop and implement a capability 
for quantifiable assurance to achieve practical, affordable, and risk- 
based objectives for security of microelectronics to enable the 
Department of Defense to access and apply state-of-the-art micro-
electronics for military purposes. 
(b) ESTABLISHMENT OF REQUIREMENTS AND SCHEDULE OF SUP-
PORT FOR DEVELOPMENT, TEST, AND ASSESSMENT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Deputy Secretary of Defense 
shall, in consultation with the Under Secretary of Defense 
for Research and Engineering, establish requirements and a 
schedule for support from the National Security Agency to 
develop, test, assess, implement, and improve the capability 
required by subsection (a). 
(2) NATIONAL
SECURITY
AGENCY.—The Director of the 
National Security Agency shall take such actions as may be 
necessary to satisfy the requirements established under para-
graph (1). 
(3) BRIEFING.—Not later than 120 days after the date of 
the enactment of this Act, the Under Secretary of Defense 
for Research and Engineering and the Director of the National 
Security Agency shall jointly provide the congressional defense 
committees a briefing on the requirements and the schedule 
for support established under paragraph (1). 
(c) ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall assess 
whether the Department of Defense, to enable expanded use 
of unprogrammed application specific integrated circuits or 
other custom-designed integrated circuits manufactured by a 
supplier that is not using processes accredited by the Defense 
Microelectronics Activity for the purpose of enabling the Depart-
ment to access commercial state-of-the-art microelectronics 
technology using risk-based quantifiable assurance security 
methodology, should— 
(A) seek changes to the International Traffic in Arms 
Regulations under subchapter M of chapter I of title 22, 
Code of Federal Regulations, and Department of Defense
H. R. 7776—84 
Instruction 5200.44 (relating to protection of mission crit-
ical functions to achieve trusted systems and networks); 
and 
(B) expand the use of unprogrammed custom-designed 
integrated circuits that are not controlled by such regula-
tions. 
(2) BRIEFING.—Not later than April 1, 2023, the Secretary 
of Defense shall provide the congressional defense committees 
a briefing on the findings of the Secretary with respect to 
the assessment conducted under paragraph (1). 
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON 
MICROELECTRONICS. 
(a) ESTABLISHMENT AND DESIGNATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
establish a working group to facilitate coordination among 
industry, academia, and the Department of Defense on issues 
of mutual interest relating to microelectronics as described 
in subsection (c). 
(2) DESIGNATION.—The working group established under 
paragraph (1) shall be known as the ‘‘Government-Industry- 
Academia Working Group on Microelectronics’’ (referred to in 
this section as the ‘‘Working Group’’). 
(b) COMPOSITION.—The Working Group shall be composed of 
representatives of organizations and elements of the Department 
of Defense, industry, and academia. 
(c) SCOPE.—The Secretary shall ensure that the Working Group 
supports dialogue and coordination among industry, academia, and 
the Department of Defense on the following issues relating to micro-
electronics: 
(1) Research needs. 
(2) Infrastructure needs and shortfalls. 
(3) Technical and process standards. 
(4) Training and certification needs for the workforce. 
(5) Supply chain issues. 
(6) Supply chain, manufacturing, and packaging security. 
(7) Technology transition issues and opportunities. 
(d) CHARTER AND POLICIES.—Not later than March 1, 2023, 
the Secretary of Defense shall develop a charter and issue policies 
for the functioning of the Working Group. 
(e) ADMINISTRATIVE SUPPORT.—The joint federation of capabili-
ties established under section 937 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 
U.S.C. 2224 note) shall provide administrative support to the 
Working Group. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to allow the Department of Defense to provide any 
competitive advantage to any participant in the Working Group. 
(g) SUNSET.—The provisions of this section shall terminate 
on December 31, 2030. 
SEC. 221. TARGET DATE FOR DEPLOYMENT OF 5G WIRELESS 
BROADBAND 
INFRASTRUCTURE 
AT 
ALL 
MILITARY 
INSTALLATIONS. 
(a) TARGET REQUIRED.—Not later than July 30, 2023, the Sec-
retary of Defense shall—
H. R. 7776—85 
(1) establish a target date by which the Secretary plans 
to deploy 5G wireless broadband infrastructure at all military 
installations; and 
(2) establish metrics, which shall be identical for each 
of the military departments, to measure progress toward 
reaching the target required by paragraph (1). 
(b) ANNUAL REPORT.—Not later than December 31, 2023, and 
on an annual basis thereafter until the date specified in subsection 
(c), the Secretary of Defense shall submit to the congressional 
defense committees a report that includes— 
(1) the metrics in use pursuant to subsection (a)(2); and 
(2) the progress of the Secretary in reaching the target 
required by subsection (a)(1). 
(c) TERMINATION.—The requirement to submit annual reports 
under subsection (b) shall terminate on the date that is five years 
after the date of the enactment of this Act. 
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITU-
TIONS REGARDING NATIONAL SECURITY INNOVATION 
NETWORK PROGRAMS THAT PROMOTE ENTREPRENEUR-
SHIP AND INNOVATION AT INSTITUTIONS OF HIGHER EDU-
CATION. 
(a) PILOT PROGRAM.—The Under Secretary of Defense for 
Research and Engineering, acting through the National Security 
Innovation Network, may carry out a pilot program under which 
the Under Secretary conducts activities, including outreach and 
technical assistance, to better connect historically Black colleges 
and universities and other minority-serving institutions to the 
commercialization, innovation, and entrepreneurial activities of the 
Department of Defense. 
(b) BRIEFING.—Not later than one year after commencing a 
pilot program under subsection (a), the Under Secretary of Defense 
for Research and Engineering shall provide to the congressional 
defense committees a briefing on the program, including— 
(1) an explanation of— 
(A) the results of any outreach efforts conducted under 
the pilot program; 
(B) the success of the pilot program in expanding 
National Security Innovation Network programs to histori-
cally Black colleges and universities and other minority- 
serving institutions; and 
(C) any potential barriers to the expansion of the pilot 
program; and 
(2) recommendations for how the Department of Defense 
can support historically Black colleges and universities and 
other minority-serving institutions to enable such institutions 
to successfully participate in Department of Defense commer-
cialization, innovation, and entrepreneurship programs. 
(c) TERMINATION.—The authority to carry out the pilot program 
under subsection (a) shall terminate on the date that is five years 
after the date of the enactment of this Act. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘historically Black college or university’’ 
means a part B institution (as defined in section 322 of the 
Higher Education Act of 1965 (20 U.S.C. 1061)).
H. R. 7776—86 
(2) The term ‘‘other minority-serving institution’’ means 
an institution of higher education specified in paragraphs (2) 
through (7) of section 371(a) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(a)). 
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDA-
TIONS REGARDING DEFENSE RESEARCH CAPACITY AT 
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND 
OTHER MINORITY-SERVING INSTITUTIONS. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on 
the recommendations set forth in the publication of the National 
Academies of Sciences, Engineering, and Medicine titled 
‘‘Defense Research Capacity at Historically Black Colleges and 
Universities and Other Minority Institutions: Transitioning 
from Good Intentions to Measurable Outcomes’’ and dated April 
28, 2022. 
(2) CONTENTS.—The report required under paragraph (1) 
shall include the following: 
(A) With respect to the recommendations and sub-
recommendations set forth in the publication described in 
paragraph (1)— 
(i) a description of each recommendation and sub-
recommendation the Secretary has implemented as of 
the date of the report; 
(ii) a description of each recommendation and sub-
recommendation the Secretary has commenced imple-
menting as of the date of the report, including a jus-
tification for determining to commence implementing 
the recommendation; and 
(iii) a description of each recommendation and sub-
recommendation the Secretary has not implemented 
or commenced implementing as of the date of the report 
and a determination as to whether or not to implement 
the recommendation. 
(B) For each recommendation or subrecommendation 
the Secretary determines to implement under subpara-
graph (A)(iii)— 
(i) a timeline for implementation; 
(ii) a description of any additional resources or 
authorities required for implementation; and 
(iii) the plan for implementation. 
(C) For each recommendation or subrecommendation 
the Secretary determines not to implement under subpara-
graph (A)(iii), a justification for the determination not to 
implement the recommendation. 
(3) FORMAT.—The report required under paragraph (1) shall 
be submitted in unclassified form, but may include a classified 
annex. 
(b) PROGRAM TO IMPLEMENT REPORT RECOMMENDATIONS AND 
SUBRECOMMENDATIONS.— 
(1) PROGRAM REQUIRED.—The Secretary of Defense shall 
establish and carry out a program (referred to in this subsection
H. R. 7776—87 
as the ‘‘Program’’) under which the Secretary carries out activi-
ties to increase the capacity of eligible institutions to achieve 
very high research activity status. 
(2) CONSIDERATIONS.—In establishing the Program the Sec-
retary shall consider— 
(A) the recommendations and subrecommendations to 
be implemented under subsection (a); 
(B) the extent of nascent research capabilities and 
planned research capabilities at eligible institutions and 
the relevance of those capabilities to research areas of 
interest to the Department of Defense; 
(C) 
recommendations 
from 
previous 
studies 
for 
increasing the level of research activity at eligible institu-
tions to very high research activity status, including meas-
urable milestones such as growth in very high research 
activity status indicators and other relevant factors; 
(D) how institutions participating in the Program will 
evaluate and assess progress toward achieving very high 
research activity status; 
(E) how such institutions will sustain an increased 
level of research activity after the Program terminates; 
and 
(F) reporting requirements for institutions partici-
pating in the Program. 
(3) CONSULTATION.—In designing the Program, the Sec-
retary may consult with the President’s Board of Advisors 
on historically Black colleges and universities. 
(4) PROGRAM ACTIVITIES.— 
(A) ACTIVITIES.—Under the Program, the Secretary 
shall carry out activities to build the capacity of eligible 
institutions to achieve very high research activity status, 
which may include— 
(i) activities to support— 
(I) faculty professional development; 
(II) stipends for undergraduate and graduate 
students and post-doctoral scholars; 
(III) recruitment and retention of faculty and 
graduate students; 
(IV) the provision of laboratory equipment and 
instrumentation; 
(V) communication and dissemination of 
research products produced during the Program; 
(VI) construction, modernization, rehabilita-
tion, or retrofitting of facilities for research pur-
poses; and 
(ii) such other activities as the Secretary deter-
mines appropriate. 
(B) IDENTIFICATION OF PRIORITY AREAS.—The Secretary 
shall establish and update, on an annual basis, a list of 
research priorities for STEM and critical technologies 
appropriate for the Program to assist eligible institutions 
in identifying appropriate areas for research and related 
activities. 
(5) TERMINATION.—The Program shall terminate 10 years 
after the date on which the Secretary commences the Program. 
(6) EVALUATION.—Not later than two years after the date 
of the enactment of this Act and every two years thereafter
H. R. 7776—88 
until the date on which the Program terminates under para-
graph (5), the Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives 
a report providing an update on the Program, including— 
(A) a description of the activities carried out under 
the Program; 
(B) an analysis of any growth in very high research 
activity status indicators of eligible institutions that partici-
pated in the Program; and 
(C) emerging research areas of interest to the Depart-
ment of Defense that are being pursued by such institu-
tions. 
(7) REPORT TO CONGRESS.—Not later than 180 days after 
the date on which the program terminates under paragraph 
(5), the Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the Program that includes the following: 
(A) An analysis of the growth in very high research 
activity status indicators of eligible institutions that partici-
pated in the Program. 
(B) An evaluation on the effectiveness of the Program 
in increasing the research capacity of such institutions. 
(C) An explanation of how institutions that achieved 
very high research activity status plan to sustain that 
status after the termination of the Program. 
(D) An evaluation of the maintenance of very high 
research status by eligible institutions that participated 
in the Program. 
(E) An evaluation of the effectiveness of the Program 
in increasing the diversity of students conducting high 
quality research in unique areas. 
(F) Recommendations with respect to further activities 
and investments necessary to elevate the research status 
of historically Black colleges and universities and other 
minority-serving institutions. 
(G) Recommendations as to whether the Program 
should be renewed or expanded. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible institution’’ means a historically 
Black college or university or other minority-serving institution 
that is classified as a high research activity status institution 
at the time of participation in the program under subsection 
(b). 
(2) The term ‘‘high research activity status’’ means R2 
status, as classified by the Carnegie Classification of Institu-
tions of Higher Education. 
(3) The term ‘‘historically Black college or university’’ has 
the meaning given the term ‘‘part B institution’’ under section 
322 of the Higher Education Act of 1965 (20 U.S.C. 1061). 
(4) The term ‘‘other minority-serving institution’’ means 
an institution of higher education specified 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 status’’ means 
R1 status, as classified by the Carnegie Classification of Institu-
tions of Higher Education.
H. R. 7776—89 
(7) The term ‘‘very high research activity status indicators’’ 
means the categories used by the Carnegie Classification of 
Institutions of Higher Education to delineate which institutions 
have very high activity status, including— 
(A) annual expenditures in science and engineering; 
(B) per-capita (faculty member) expenditures in science 
and engineering; 
(C) annual expenditures in non-science and engineering 
fields; 
(D) per-capita (faculty member) expenditures in non- 
science and engineering fields; 
(E) 
doctorates 
awarded 
in 
science, 
technology, 
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 researchers in 
science and engineering and per-capita (faculty) number 
of doctorate-level research staff including post-doctoral 
researchers; and 
(K) other categories utilized to determine classification. 
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF 
PATENTABLE INVENTIONS IN THE DEPARTMENT OF THE 
NAVY. 
(a) IN GENERAL.—The Secretary of the Navy may carry out 
a pilot program to expand 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 may— 
(1) expand outreach to covered personnel regarding the 
availability of patent-related training, legal assistance, and 
other support for personnel interested 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 per-
sonnel, including personnel outside of the laboratories and other 
research organizations of the Department of the Navy, may— 
(A) seek and receive support for the development 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 Technology 
Innovation Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and 
(4) carry out other such activities as the Secretary deter-
mines appropriate in accordance with the purposes of the pilot 
program.
H. R. 7776—90 
(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 members of the 
Navy and Marine Corps and civilian employees of the Depart-
ment 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. 
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF 
BATTERY TECHNOLOGIES FOR WARFIGHTERS. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Defense may establish 
and carry out a pilot program to assess the feasibility and 
advisability of providing support to battery producers— 
(A) to facilitate the research and development of safe 
and secure battery technologies for existing and new or 
novel battery chemistry configurations, including through 
the research and development of new or updated manufac-
turing processes and technologies; 
(B) to assess commercial battery offerings within the 
marketplace for viability and utility for warfighter applica-
tions; and 
(C) to transition battery technologies, including tech-
nologies developed under other pilot programs, prototype 
projects, or other research and development programs, from 
the prototyping phase to manufacturing production. 
(2) DESIGNATION.—The pilot program established under 
paragraph (1) shall be known as the ‘‘Warfighter Electric Bat-
tery Transition Project’’ (referred to in this section as the 
‘‘Project’’). 
(3) ADMINISTRATION.—The Under Secretary of Defense for 
Research and Engineering shall administer the Project. 
(b) GRANTS, CONTRACTS, AND OTHER AGREEMENTS.—The Sec-
retary of Defense may carry out the Project through the award 
of support, as described in subsection (a)(1), in the form of grants 
to, or contracts or other agreements with, battery producers. 
(c) COORDINATION.—The Secretary of Defense shall ensure that 
activities under the Project are coordinated with the Strategic 
Environmental Research and Development Program under section 
2901 of title 10, United States Code. 
(d) USE OF GRANT AND CONTRACT AMOUNTS.—A battery pro-
ducer who receives a grant, contract, or other agreement under 
the Project may use the amount of the grant, contract, or other 
agreement to carry out one or more of the following activities: 
(1) Conducting research and development to validate new 
or novel battery chemistry configurations, including through— 
(A) experimentation; 
(B) prototyping; 
(C) testing; 
(D) adapting battery technology to integrate with other 
technologies and systems; or 
(E) addressing manufacturing or other production chal-
lenges.
H. R. 7776—91 
(2) Providing commercially available battery technologies 
to each Secretary of a military department and the commanders 
of the combatant commands to support utility assessments 
or other testing by warfighters. 
(3) Expanding, validating, or assessing battery recycling 
capabilities that may provide operational utility to the Depart-
ment of Defense. 
(4) Building and strengthening relationships of the Depart-
ment of Defense with nontraditional defense contractors in 
the technology industry that may have unused or underused 
solutions to specific operational challenges of the Department 
relating to battery technology. 
(e) PRIORITY OF AWARDS.—In awarding grants, contracts, or 
other agreements under the Project, the Secretary shall give pref-
erence to battery producers that meet one or more of the following 
criteria: 
(1) The producer manufactures, designs, or develops battery 
cells, packs, modules, or other related capabilities in the United 
States. 
(2) The producer manufactures, designs, or develops battery 
cells, packs, modules, or other related capabilities in the 
national technology and industrial base (as defined in section 
4801 of title 10, United States Code). 
(3) The technology made available by the producer provides 
modularity to support diverse applications. 
(4) The technology made available by the producer facili-
tates safety in tactical and combat applications by using battery 
chemistries and configurations that reduce thermal runaway 
and minimize oxygen liberation. 
(5) The producer demonstrates new or novel battery chem-
istry configurations, safety characteristics, or form-factor 
configurations. 
(6) The producer facilitates the domestic supply chain for 
raw materials needed for battery production. 
(7) The producer offers battery-related commercial products 
or commercial services. 
(f) PLANNING, REPORTING AND DATA COLLECTION.— 
(1) PLAN REQUIRED BEFORE IMPLEMENTATION.— 
(A) IN GENERAL.—The Secretary of Defense may not 
commence the Project until the Secretary has completed 
a plan for the implementation of the Project. 
(B) ELEMENTS.—The plan under subparagraph (A) 
shall provide for— 
(i) collecting, analyzing, and retaining Project data; 
(ii) developing and sharing best practices for 
achieving the objectives of the Project; 
(iii) identification of any policy or regulatory 
impediments inhibiting the execution of the Project; 
and 
(iv) sharing results from the Project across the 
Department of Defense and with other departments 
and agencies of the Federal Government and Congress. 
(C) SUBMITTAL TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense 
committees the implementation plan developed under 
subparagraph (A).
H. R. 7776—92 
(2) FINAL REPORT.—Not later than one year after the date 
on which the Project terminates under subsection (g), the Sec-
retary of Defense shall submit to the congressional defense 
committees a final report on the results of the Project. Such 
report shall include— 
(A) a summary of the objectives achieved by the Project; 
and 
(B) recommendations regarding the steps that may 
be taken to promote battery technologies that are not 
dependent on foreign competitors to meet the needs of 
the Armed Forces. 
(g) TERMINATION.—The authority to carry out the Project shall 
terminate on December 31, 2028. 
Subtitle C—Plans, Reports, and Other 
Matters 
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR 
OF OPERATIONAL TEST AND EVALUATION. 
Section 139(h)(3) of title 10, United States Code, is amended— 
(1) by inserting ‘‘or controlled unclassified’’ after ‘‘classi-
fied’’; and 
(2) by striking ‘‘submit an unclassified version of the report 
to Congress’’ and inserting ‘‘submit to Congress a version of 
the report that is unclassified and does not require safeguarding 
or dissemination controls’’. 
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS 
ON STRATEGY FOR FIFTH GENERATION INFORMATION 
AND COMMUNICATIONS TECHNOLOGIES. 
Section 254(d)(1) of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note) 
is amended, in the matter preceding subparagraph (A), by striking 
‘‘March 15, 2022’’ and inserting ‘‘December 1, 2026’’. 
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT 
OF NOVEL PROCESSING APPROACHES FOR DEFENSE 
APPLICATIONS. 
(a) INVESTMENT PLANS REQUIRED.—Not later than November 
1, 2023, and not less frequently than once every three years there-
after until December 31, 2035, the Secretary of Defense shall submit 
to the congressional defense committees a plan for making invest-
ments to support the development of novel processing approaches 
for defense applications. 
(b) ELEMENTS.—Each investment plan required by subsection 
(a) shall— 
(1) identify any investments the Secretary has made, and 
any future investments the Secretary intends to make, in 
research and technology development to support the use and 
fielding of novel processing approaches for defense applications; 
(2) identify any investments the Secretary has made, and 
any future investments the Secretary intends to make, to accel-
erate the development of novel processing approaches for 
defense applications, including investments in— 
(A) personnel and workforce capabilities;
H. R. 7776—93 
(B) facilities and infrastructure to host systems uti-
lizing novel processing approaches; 
(C) algorithm developments necessary to expand the 
functionality of each novel processing approach; 
(D) other Federal agencies and federally funded labora-
tories; and 
(E) appropriate international and commercial sector 
organizations and activities; 
(3) describe mechanisms to coordinate and leverage invest-
ments in novel processing approaches within the Department 
and with non-Federal partners; 
(4) describe the technical goals to be achieved and capabili-
ties to be developed under the plan; and 
(5) include recommendations for such legislative or 
administration actions as may support the effective execution 
of the investment plan. 
(c) FORM.—Each plan submitted under subsection (a) shall be 
submitted in such form as the Secretary considers appropriate, 
which may include classified, unclassified, and publicly releasable 
formats. 
(d) NOVEL PROCESSING APPROACHES DEFINED.—In this section, 
the term ‘‘novel processing approaches’’ means— 
(1) emerging techniques in computation, such as biocom-
puting, exascale computing, utility scale quantum computing; 
and 
(2) associated algorithm and hardware development needed 
to implement such techniques. 
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMA-
TION AND COMMUNICATIONS TECHNOLOGY WITHIN THE 
MILITARY DEPARTMENTS. 
(a) THREE-YEAR TRANSITION PLAN REQUIRED.— 
(1) IN GENERAL.—Not later than 120 days after the date 
of the enactment of this Act, each Assistant Secretary concerned 
shall develop and submit to the congressional defense commit-
tees a plan that specifies— 
(A) the extent to which fifth generation information 
and communications technology (5G) infrastructure is 
expected to be implemented in the military department 
of the Assistant Secretary by the end of the three-year 
period following the date of the enactment of this Act; 
and 
(B) how the implementation of such technology is 
expected to be achieved during such period. 
(2) ELEMENTS.—Each plan required under paragraph (1) 
shall include— 
(A) an operational needs assessment that identifies 
the highest priority areas in which the Assistant Secretary 
intends to implement fifth generation information and 
communications technologies during the three-year period 
described in paragraph (1); 
(B) an explanation of— 
(i) whether and to what extent the Assistant Sec-
retary intends to use an open radio access network 
approach in implementing fifth generation information 
and communications technologies in the areas identi-
fied under subparagraph (A); and
H. R. 7776—94 
(ii) if the Assistant Secretary does not intend to 
use such an open radio access network approach, an 
explanation of the reasons for such determination; 
(C) an investment plan that includes funding esti-
mates, by fiscal year and appropriation account, to accel-
erate— 
(i) the maturation and acquisition of fifth genera-
tion information and communications capabilities that 
use the open radio access network approach; and 
(ii) the deployment of such capabilities in the facili-
ties and systems of the military department concerned; 
(D) metrics and reporting mechanisms to ensure 
progress in achieving the objectives of the plan within 
the three-year period described in paragraph (1); 
(E) identification and designation of a single point 
of contact at each military installation and within each 
armed force under the jurisdiction of the military depart-
ment concerned to facilitate the deployment of fifth genera-
tion information and communications technologies; 
(F) actions the Assistant Secretary intends to carry 
out to streamline the process for establishing fifth genera-
tion wireless coverage at military installations, including 
actions to reduce delays caused by policies and processes 
relating to contracting, communications, and the use of 
real property; 
(G) identification of investments that are required to 
support the transition to fifth generation information and 
communications technology that uses an open radio access 
network approach; and 
(H) such other matters as the Assistant Secretary con-
siders appropriate. 
(3) COORDINATION.—In developing the plans required under 
paragraph (1), each Assistant Secretary concerned shall coordi-
nate with— 
(A) the Chief Information Officer of the Department 
of Defense; 
(B) and the Under Secretary of Defense for Acquisition 
and Sustainment; and 
(C) the Under Secretary of Defense for Research and 
Engineering. 
(4) FORM OF PLAN.—Each plan required under paragraph 
(1) shall be submitted in unclassified form. 
(b) CROSS-FUNCTIONAL TEAM ASSESSMENT.— 
(1) ASSESSMENT AND BRIEFING REQUIRED.—After all of the 
plans required by subsection (a)(1) have been submitted in 
accordance with such subsection and not later than 150 days 
after the date of the enactment of this Act, the cross-functional 
team established pursuant to section 224(c)(1) of the William 
M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note) 
shall assess such plans and provide to the congressional defense 
committees a briefing on the findings of the team with respect 
to such assessment. 
(2) ELEMENTS.—The briefing provided under paragraph (1) 
shall include the following: 
(A) Recommendations to further accelerate the deploy-
ment of fifth-generation information and communications
H. R. 7776—95 
technologies that use the open radio access network 
approach across the Department of Defense. 
(B) Recommendations to standardize and streamline 
the process for establishing fifth generation wireless cov-
erage at military installations, including recommendations 
for reducing delays caused by policies and processes 
relating to contracting, communications, and the use of 
real property. 
(C) A plan for the inclusion of representatives of the 
Department of Defense in international wireless standards- 
setting bodies. 
(D) Such other matters as the cross-functional team 
described in paragraph (1) considers appropriate. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘Assistant Secretary concerned’’ means— 
(A) the Assistant Secretary of the Army for Acquisition, 
Logistics, and Technology, with respect to matters con-
cerning the Department of the Army; 
(B) the Assistant Secretary of the Navy for Research, 
Development, and Acquisition, with respect to matters con-
cerning the Department of the Navy; and 
(C) the Assistant Secretary of the Air Force for Acquisi-
tion, Technology, and Logistics, with respect to matters 
concerning the Department of the Air Force. 
(2) The term ‘‘open radio access network approach’’ means 
an approach to networking, such as the Open Radio Access 
Network (commonly known as ‘‘Open RAN’’), that uses open 
protocols and interfaces within a network so that components 
provided by different vendors can be interoperable. 
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS 
AGENCY INNOVATION FELLOWSHIP PROGRAM. 
(a) IN
GENERAL.—The Director of the Defense Advanced 
Research Projects Agency shall develop a plan for the establishment 
of a fellowship program (to be known as the ‘‘Innovation Fellowship 
Program’’) to expand opportunities for early career scientists to 
participate in the programs, projects, and other activities of the 
Agency. 
(b) ELEMENTS.—In developing the plan under subsection (a), 
the Director of the Defense Advanced Research Projects Agency 
shall— 
(1) review the types of programs, projects, and other activi-
ties of the Agency that may be open to participation from 
early career scientists to identify opportunities for the expan-
sion of such participation; 
(2) identify criteria for evaluating applicants to the fellow-
ship program described in subsection (a); 
(3) establish detailed plans for the implementation of the 
fellowship program; 
(4) conduct an assessment of the potential costs of the 
fellowship program; 
(5) define eligibility requirements for participants in the 
fellowship program; and 
(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 Director of the Defense
H. R. 7776—96 
Advanced Research Projects Agency shall submit to the congres-
sional defense committee a report that includes— 
(1) the plan developed under subsection (a); and 
(2) recommendations for expanding opportunities for early 
career scientists to participate in the programs, projects, and 
other activities of the Agency. 
(d) EARLY CAREER SCIENTIST DEFINED.—The term ‘‘early career 
scientist’’ means a scientist who is in an early stage of career 
development according to criteria determined by the Director of 
the Defense Advanced Research Projects Agency for purposes of 
this section. 
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING 
THE DEFENSE INNOVATION ECOSYSTEM. 
(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Defense, acting through the Under Secretary of Defense 
for Research and Engineering, shall develop— 
(1) a strategy fostering and strengthening the defense 
innovation ecosystem; and 
(2) a plan for implementing such strategy. 
(b) PURPOSES.— 
(1) STRATEGY.—The purpose of the strategy required by 
subsection (a)(1) is to provide a framework for identifying, 
assessing, and tracking innovation ecosystems that are bene-
ficial to advancing the defense, national security, and 
warfighting missions of the Department of Defense. 
(2) 
IMPLEMENTATION
PLAN.—The 
purpose 
of 
the 
implementation plan required by subsection (a)(2) is to pro-
vide— 
(A) concrete steps and measures of effectiveness to 
gauge the effect of the innovation ecosystems described 
in paragraph (1) on the Department; and 
(B) a means for assessing the effectiveness of the 
strategy developed under subsection (a)(1), including the 
approaches taken by the Department to grow, foster, and 
sustain such innovation ecosystems. 
(c) ELEMENTS.—The strategy and the implementation plan 
required by subsection (a) shall include the following elements: 
(1) A process for defining, assessing, and selecting innova-
tion ecosystems with potential to provide benefit to the Depart-
ment of Defense. 
(2) Metrics for measuring the performance and health of 
innovation ecosystems being supported by the Department, 
including identification of criteria to determine when to support 
or cease supporting identified ecosystems. 
(3) Identification of the authorities and Department of 
Defense research, development, test, and evaluation assets that 
can be used to identify, establish, sustain, and expand innova-
tion ecosystems. 
(4) For each innovation ecosystem supported by the Depart-
ment— 
(A) a description of the core competencies or focus 
areas of the ecosystem; 
(B) identification of any organizations or elements of 
the Department that engage with the ecosystem;
H. R. 7776—97 
(C) identification of the private sector assets that are 
being used to support, sustain, and expand the identified 
innovation ecosystem; and 
(D) a description of any challenges and successes asso-
ciated with such ecosystem. 
(5) Such other elements as the Secretary considers appro-
priate. 
(d) INTERIM BRIEFING.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall provide 
to the congressional defense committees a briefing on the strategy 
and implementation plan developed under subsection (a). 
(e) SUBMITTAL OF STRATEGY AND PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
the strategy and implementation plan developed under subsection 
(a). 
(f) QUADRENNIAL UPDATES.—Not later than March 1, 2027, 
and not less frequently than once ever four years thereafter until 
December 31, 2039, the Secretary shall— 
(1) update the strategy and plan developed under sub-
section (a); and 
(2) submit the updated strategy and plan to the congres-
sional defense committees. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Department of Defense research, develop-
ment, test, and evaluation assets’’ includes the following: 
(A) The Department of Defense science and technology 
reinvention laboratories designated under section 4121 of 
title 10, United States Code. 
(B) The Major Range and Test Facility Base (as defined 
in section 4173(i) of such title). 
(C) Department of Defense sponsored manufacturing 
innovation institutes. 
(D) The organic industrial base. 
(E) Defense Agencies and Department of Defense Field 
Activities (as defined in section 101(a) of title 10, United 
States Code) that carry out activities using funds appro-
priated for research, development, test, and evaluation. 
(F) Any other organization or element of the Depart-
ment of Defense that carries out activities using funds 
appropriated for research, development, test, and evalua-
tion. 
(2) The term ‘‘innovation ecosystem’’ refers to a regionally 
based network of private sector, academic, and government 
institutions in a network of formal and informal institutional 
relationships that contribute to technological and economic 
development in a defined technology sector or sectors. 
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC 
TESTING CAPACITY OF THE DEPARTMENT OF DEFENSE. 
(a) ASSESSMENT.—The Secretary of Defense shall assess the 
capacity of the Department of Defense to test, evaluate, and qualify 
the hypersonic capabilities and related technologies of the Depart-
ment. 
(b) ELEMENTS.—The assessment under subsection (a) shall 
include the following:
H. R. 7776—98 
(1) An assumption, for purposes of evaluating the capacity 
described in subsection (a), that the Department of Defense 
will conduct at least one full-scale, operationally relevant, live- 
fire, hypersonic weapon test of each hypersonic weapon system 
that is under development each year by each of the Air Force, 
the Army, and the Navy, once such system reaches initial 
operational capability. 
(2) An identification of test facilities outside the Depart-
ment of Defense that have potential to be used to expand 
the capacity described in subsection (a), including test facilities 
of other departments and agencies of the Federal Government, 
academia, and commercial test facilities. 
(3) An analysis of the capability of each test facility identi-
fied under paragraph (2) to simulate various individual and 
coupled hypersonic conditions to accurately simulate a realistic 
flight-like environment with all relevant aero-thermochemical 
conditions. 
(4) An identification of the coordination, scheduling, 
reimbursement processes, and requirements needed for the 
potential use of test facilities of other departments and agencies 
of the Federal Government, as available. 
(5) An analysis of the test frequency, scheduling lead time, 
test cost, and capacity of each test facility identified under 
paragraph (2). 
(6) A review of test facilities identified under paragraph 
(2) that could enhance efforts to test flight vehicles of the 
Department in all phases of hypersonic flight, and other tech-
nologies, including sensors, communications, thermal protective 
shields and materials, optical windows, navigation, and environ-
mental sensors. 
(7) An assessment of any cost savings and time savings 
that could result from using technologies identified 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 Secretary of Defense shall 
submit to the appropriate congressional committees a strategy 
to coordinate the potential use of test facilities and ranges 
identified under subsection (b)(2) to evaluate hypersonic tech-
nologies. 
(2) ELEMENTS.—The strategy under paragraph (1) shall— 
(A) be based on the assessment under subsection (a); 
(B) address how the Secretary will coordinate with 
other departments and agencies of the Federal Govern-
ment, including the National Aeronautics and Space 
Administration, to plan for and schedule the potential use 
of other Federal Government-owned test facilities and 
ranges, as available, to evaluate the hypersonic tech-
nologies of the Department of Defense; 
(C) to the extent practicable, address in what cases 
the Secretary can use test facilities identified under sub-
section (b)(2) to fill any existing testing requirement 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
H. R. 7776—99 
Department at ground-based test facilities and flight 
test ranges, including estimated costs for conducting 
at least one full-scale, operationally relevant, live-fire, 
hypersonic weapon test of each hypersonic weapon 
system that is under development each year by each 
of the Air Force, the Army, and the Navy, once such 
system reaches initial operational capability; 
(ii) the resources needed to reimburse other depart-
ments and agencies of the Federal Government for 
the use of the test facilities and ranges of those depart-
ments or agencies to test the hypersonics technologies 
of the Department; 
(iii) the requirements, approval processes, and 
resources needed to enhance, as appropriate, the 
testing capabilities and capacity of other Federal 
Government-owned test facilities and flight ranges, in 
coordination with the heads of the relevant depart-
ments and agencies; 
(iv) investments that the Secretary can make to 
incorporate test facilities identified under subsection 
(b)(2) into the overall hypersonic test infrastructure 
of the Department of Defense; and 
(v) the environmental conditions, testing sizes, and 
duration required for flight qualification of both 
hypersonic cruise and hypersonic boost-glide tech-
nologies of the Department; and 
(E) address all advanced or emerging technologies that 
could shorten timelines and reduce costs for hypersonic 
missile testing, including with respect to— 
(i) 3D printing of hypersonic test missile compo-
nents including the frame, warhead, and propulsion 
systems; 
(ii) reusable hypersonic test beds, including air- 
launched, sea-launched, and ground-launched options; 
(iii) additive manufacturing solutions; 
(iv) the potential use of airborne platforms other 
than the B–52 aircraft to improve flight schedules for 
such testing; and 
(v) other relevant technologies. 
(3) COORDINATION.—The Secretary of Defense shall develop 
the strategy under paragraph (1) in coordination with the Pro-
gram Director of the Joint Hypersonics Transition Office, the 
Administrator of the National Aeronautics and Space Adminis-
tration, the research laboratories of the military departments, 
and the Department of Defense Test Resource Management 
Center. 
(d) REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM 
FREQUENCY OF HYPERSONIC WEAPONS TESTING.—Not later than 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate congressional committees 
a report that includes an estimate of the costs of conducting at 
least one full-scale, operationally relevant, live-fire, hypersonic 
weapon test of each hypersonic weapon system that is under 
development each year by each of the Air Force, the Army, and 
the Navy, once such system reaches initial operational capability. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—The 
term ‘‘appropriate congressional committees’’ means the following:
H. R. 7776—100 
(1) The congressional defense committees. 
(2) The Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY 
FUNDED RESEARCH AND DEVELOPMENT CENTERS. 
(a) ANNUAL REPORT REQUIRED.—On an annual basis, the Sec-
retary of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report that 
identifies and provides information about the studies and reports 
undertaken for the Department of Defense by federally funded 
research and development centers. 
(b) ELEMENTS.—Each report submitted under subsection (a) 
shall set forth the following: 
(1) A list identifying each study and report undertaken 
by a federally funded research center for the Department of 
Defense— 
(A) that has been completed during the period covered 
by the report under subsection (a); or 
(B) that is in progress as of the date of the report 
under subsection (a). 
(2) For each study and report listed under paragraph (1), 
the following: 
(A) The title of the study or report. 
(B) The federally funded research and development 
center undertaking the study or report. 
(C) The amount of funding provided to the federally 
funded research and development center under the contract 
or other agreement pursuant to which the study or report 
is being produced or conducted. 
(D) The completion date or anticipated completion date 
of the study or report. 
(c) EXCEPTIONS.—The report required by subsection (a) shall 
not apply to the following: 
(1) Classified reports or studies. 
(2) Technical reports associated with scientific research 
or technical development activities. 
(3) Any report or study undertaken pursuant to a contract 
or other agreement between a federally funded research and 
development center and an entity outside the Department of 
Defense. 
(4) Reports or studies that are in draft form or that have 
not undergone a peer-review or prepublication security review 
process established by the federally funded research and 
development center concerned. 
(d) SPECIAL RULE.—Each report under subsection (a) shall be 
generated using the products and processes generated pursuant 
to section 908 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 
U.S.C. 111 note). 
(e) TERMINATION.—The requirement to submit annual reports 
under subsection (a) shall terminate on the date that is three 
years after the date of the enactment of this Act.
H. R. 7776—101 
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES 
COMMAND RESEARCH PROGRAM REALIGNMENT STUDY. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of the Army shall 
submit to the congressional defense committees a report on the 
recommendations set forth in the publication of the National Acad-
emies of Sciences, Engineering, and Medicine titled ‘‘Consensus 
Study Report: U.S. Army Futures Command Research Program 
Realignment’’ and dated April 23, 2022. 
(b) CONTENTS.—The report submitted under subsection (a) shall 
include the following: 
(1) A description of each recommendation described in such 
subsection that has already been implemented. 
(2) A description of each recommendation described in such 
subsection that the Secretary has commenced implementing, 
including a justification for determining to commence imple-
menting the recommendation. 
(3) A description of each recommendation described in such 
subsection that the Secretary has not implemented or com-
menced implementing and a determination as to whether or 
not to implement the recommendation. 
(4) For each recommendation under paragraph (3) the Sec-
retary determines to implement, the following: 
(A) A timeline for implementation. 
(B) A description of any additional resources or authori-
ties required for implementation. 
(C) The plan for implementation. 
(5) For each recommendation under paragraph (3) the Sec-
retary determines not to implement, a justification for the 
determination not to implement. 
(c) FORMAT.—The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF 
THE ELECTRONIC PROVING GROUNDS TESTING RANGE. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, acting 
through the Chair of the Electronic Warfare Executive Committee 
of the Department of Defense, shall submit to the congressional 
defense committees a report on the Electronic Proving Grounds 
testing range located at Fort Huachuca, Arizona. 
(b) ELEMENTS.—The report under subsection (a) 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 equipment of the 
range; 
(3) the capacity of the range to be used for additional 
testing activities; 
(4) the possibility of using the range for the testing activi-
ties of other Armed Forces, Federal agencies, and private-sector 
entities in the United States; 
(5) the capacity of the range to be used for realistic elec-
tronic warfare training; 
(6) electronic warfare training shortfalls at domestic mili-
tary installations generally; and 
(7) the feasibility and advisability of providing a dedicated 
training area for electronic warfare capabilities.
H. R. 7776—102 
(c) CONSULTATION.—In preparing the report under subsection 
(a), the Chair of the Electronic Warfare Executive Committee shall 
consult with the following: 
(1) The Under Secretary of Defense for Research and 
Engineering. 
(2) The Chief Information Officer of the Department of 
Defense. 
(3) The Director of Operational Test and Evaluation of 
the Department of Defense. 
(4) The Commander of the United States Strategic Com-
mand. 
(5) The Secretary of the Army. 
(6) The Electromagnetic Spectrum Operations Cross-Func-
tional Team established pursuant to section 911(c) of the 
National Defense Authorization Act for Fiscal Year 2017 (Public 
Law 114–328; 10 U.S.C. 111 note). 
(7) The governments of Cochise County and Sierra Vista, 
Arizona. 
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING 
SOFTWARE AND INFORMATION TECHNOLOGY. 
(a) STUDY REQUIRED.—The Secretary of Defense shall seek 
to enter into a contract or other agreement with an eligible entity 
to conduct an independent study on the challenges associated with 
the use of software and information technology in the Department 
of Defense, the effects of such challenges, and potential solutions 
to such challenges. 
(b) ELEMENTS.—The independent study conducted under sub-
section (a) shall include the following: 
(1) A survey of members of each Armed Force under the 
jurisdiction of a Secretary of a military department to identify 
the most important software and information technology chal-
lenges that result in lost working hours, including— 
(A) an estimate of the number of working hours lost 
due to each challenge and the cost of such lost working 
hours; 
(B) the effects of each challenge on servicemember 
and employee retention; and 
(C) any negative effects of each challenge on a mission 
of the Armed Force or military department concerned. 
(2) A summary of the policy or technical challenges that 
limit the ability of each Secretary of a military department 
to implement needed software and information technology 
reforms, which shall be determined based on interviews con-
ducted with individuals who serve as a chief information officer 
(or an equivalent position) in a military department. 
(3) Development of a framework for assessing underper-
forming software and information technology, with an emphasis 
on foundational information technology to standardize the 
measurement and comparison of programs across the Depart-
ment of Defense and its component organizations. Such a frame-
work shall enable the assessment of underperforming software 
and information technology based on— 
(A) 
designs, 
interfaces, 
and 
functionality 
which 
prioritize user experience and efficacy; 
(B) costs due to lost productivity; 
(C) reliability and sustainability;
H. R. 7776—103 
(D) comparisons between— 
(i) outdated or outmoded information technologies, 
software, and applications; and 
(ii) modern information technologies, software, and 
applications; 
(E) overhead costs for software and information tech-
nology in the Department compared to the overhead costs 
for comparable software and information technology in the 
private sector; 
(F) comparison of the amounts the Department planned 
to expend on software and information technology services 
versus the amounts actually spent for such software and 
services; 
(G) the mean amount of time it takes to resolve tech-
nical problems reported by users; 
(H) the average rate, expressed in time, for remediating 
or patching weaknesses or flaws in information tech-
nologies, software, and applications; 
(I) workforce training time; and 
(J) customer satisfaction. 
(4) The development of recommendations— 
(A) to address the challenges identified under para-
graph (1); and 
(B) to improve the processes through which the Sec-
retary provides software and information technology 
throughout the Department, including through— 
(i) business processes reengineering; 
(ii) improvement of procurement or sustainment 
processes; 
(iii) remediation of hardware and software tech-
nology gaps; and 
(iv) the development of more detailed and effective 
cost estimates. 
(c) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the eligible entity that conducts 
the study under subsection (a) shall submit to the Secretary of 
Defense and the congressional defense committees a report on the 
results of such study. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘eligible entity’’ means an independent entity 
not under the direction or control of the Secretary of Defense, 
which may include a department or agency of the Federal 
Government outside the Department of Defense. 
(2) The term ‘‘software and information technology’’ does 
not include embedded software and information technology used 
for weapon systems. 
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL 
TEST AND EVALUATION RESOURCES SUPPORTING CER-
TAIN 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 sufficiency of the operational test and evalua-
tion resources supporting such program.
H. R. 7776—104 
(b) ELEMENTS.—The study under subsection (a) shall include, 
with respect to each major defense acquisition program evaluated 
as part of the study, the following: 
(1) Identification and assessment of the operational test 
and evaluation resources supporting the program— 
(A) as of the date of the study; 
(B) during the five-year period preceding the date of 
the study; and 
(C) over the period covered by the most recent future- 
years defense program submitted to Congress under section 
221 of title 10, United States Code. 
(2) For any operational test and evaluation resources deter-
mined to be insufficient to meet the needs of the program, 
an evaluation of the amount of additional funding and any 
other support that may be required to ensure the sufficiency 
of such resources. 
(3) The amount of Government-funded, contractor-provided 
operational test and evaluation resources— 
(A) provided for the program as of the date of the 
study; and 
(B) that are planned to be provided for the program 
after such date. 
(4) Such other matters as the Director of Operational Test 
and Evaluation determines to be relevant to the study. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Director of Operational Test and Evalua-
tion shall submit to the congressional defense committees a report 
on the results of the study conducted under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means the Army, 
the Navy, the Marine Corps, the Air Force, and the Space 
Force. 
(2) The term ‘‘major defense acquisition program’’ has the 
meaning given that term in section 4201 of title 10, United 
States Code. 
(3) The term ‘‘operational test and evaluation resources’’ 
means the facilities, specialized test assets, schedule, workforce, 
and any other resources supporting operational test and evalua-
tion activities under a major defense acquisition program. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Authorization of appropriations. 
Subtitle B—Energy and Environment 
Sec. 311. Center for Excellence in Environmental Security. 
Sec. 312. Participation in pollutant banks and water quality trading. 
Sec. 313. Consideration under Defense Environmental Restoration Program for 
State-owned facilities of the National Guard with proven exposure of 
hazardous substances and waste. 
Sec. 314. Renewal of annual environmental and energy reports of Department of 
Defense. 
Sec. 315. Aggregation of energy conservation measures and funding. 
Sec. 316. Additional special considerations for energy performance goals and energy 
performance master plan. 
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or 
hydrogen-powered vehicles for the Department of Defense.
H. R. 7776—105 
Sec. 318. Clarification and requirement for Department of Defense relating to re-
newable biomass and biogas. 
Sec. 319. Programs of military departments on reduction of fuel reliance and pro-
motion of energy-aware behaviors. 
Sec. 320. Establishment of joint working group to determine joint requirements for 
future operational energy needs of Department of Defense. 
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme 
weather. 
Sec. 322. Prototype and demonstration projects for energy resilience at certain mili-
tary installations. 
Sec. 323. Pilot program for development of electric vehicle charging solutions to 
mitigate grid stress. 
Sec. 324. Pilot program on use of sustainable aviation fuel. 
Sec. 325. Policy to increase disposition of spent advanced batteries through recy-
cling. 
Sec. 326. Guidance and target goal relating to formerly used defense sites pro-
grams. 
Sec. 327. Analysis and plan for addressing heat island effect on military installa-
tions. 
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of 
Defense with electric vehicles, advanced-biofuel-powered vehicles, or hy-
drogen-powered vehicles. 
Subtitle C—Red Hill Bulk Fuel Storage Facility 
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility. 
Sec. 332. Authorization of closure of underground storage tank system at Red Hill 
Bulk Fuel Storage Facility. 
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific 
Command. 
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk 
Fuel Storage Facility. 
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu. 
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility. 
Sec. 337. Briefing on Department of Defense efforts to track health implications of 
fuel leaks at Red Hill Bulk Fuel Storage Facility. 
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances 
Sec. 341. Department 
of 
Defense 
research 
relating 
to 
perfluoroalkyl 
or 
polyfluoroalkyl substances. 
Sec. 342. Increase of transfer authority for funding of study and assessment on 
health implications of per- and polyfluoroalkyl substances contamination 
in drinking water by Agency for Toxic Substances and Disease Registry. 
Sec. 343. Prizes for development of non-PFAS-containing turnout gear. 
Sec. 344. Modification of limitation on disclosure of results of testing for 
perfluoroalkyl or polyfluoroalkyl substances on private property. 
Sec. 345. Restriction on procurement or purchasing by Department of Defense of 
turnout gear for firefighters containing perfluoroalkyl substances or 
polyfluoroalkyl substances. 
Sec. 346. Annual report on PFAS contamination at certain military installations 
from sources other than aqueous film-forming foam. 
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense pro-
curement of certain items containing PFOS or PFOA. 
Subtitle E—Logistics and Sustainment 
Sec. 351. Resources required for achieving materiel readiness metrics and objec-
tives for major defense acquisition programs. 
Sec. 352. Annual plan for maintenance and modernization of naval vessels. 
Sec. 353. Inclusion of information regarding joint medical estimates in readiness 
reports. 
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts fol-
lowing major disasters or emergencies. 
Sec. 355. Repeal of Comptroller General review on time limitations on duration of 
public-private competitions. 
Sec. 356. Implementation of Comptroller General recommendations regarding Ship-
yard Infrastructure Optimization Plan of the Navy. 
Sec. 357. Limitation on availability of funds for military information support oper-
ations. 
Sec. 358. Notification of modification to policy regarding retention rates for Navy 
ship repair contracts. 
Sec. 359. Research and analysis on capacity of private shipyards in United States 
and effect of those shipyards on Naval fleet readiness.
H. R. 7776—106 
Sec. 360. Independent study relating to fuel distribution logistics across United 
States Indo-Pacific Command. 
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribution 
points in United States Indo-Pacific Command area of responsibility. 
Subtitle F—Matters Relating to Depots and Ammunition Production Facilities 
Sec. 371. Budgeting for depot and ammunition production facility maintenance and 
repair: annual report. 
Sec. 372. Extension of authorization of depot working capital funds for unspecified 
minor military construction. 
Sec. 373. Five-year plans for improvements to depot and ammunition production fa-
cility infrastructure. 
Sec. 374. Modification to minimum capital investment for certain depots. 
Sec. 375. Continuation of requirement for biennial report on core depot-level main-
tenance and repair. 
Sec. 376. Continuation of requirement for annual report on funds expended for per-
formance of depot-level maintenance and repair workloads. 
Sec. 377. Clarification of calculation for certain workload carryover of Department 
of the Army. 
Subtitle G—Other Matters 
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safe-
ty Council. 
Sec. 382. Accountability for Department of Defense contractors using military 
working dogs. 
Sec. 383. Membership of Coast Guard on Joint Safety Council. 
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibilities 
in connection with natural and man-made disasters. 
Sec. 385. Support for training of National Guard personnel on wildfire prevention 
and response. 
Sec. 386. Interagency collaboration and extension of pilot program on military 
working dogs and explosives detection. 
Sec. 387. Amendment to the Sikes Act. 
Sec. 388. National standards for Federal fire protection at military installations. 
Sec. 389. Pilot programs for tactical vehicle safety data collection. 
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members of 
the Armed Forces for uniform items. 
Sec. 391. Implementation of recommendations relating to animal facility sanitation 
and plan for housing and care of horses. 
Sec. 392. Continued designation of Secretary of the Navy as executive agent for 
Naval Small Craft Instruction and Technical Training School. 
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine coun-
termeasures platforms. 
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. 
Subtitle B—Energy and Environment 
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY. 
Chapter 7 of title 10, United States Code, is amended by 
inserting after section 182 the following new section (and con-
forming the table of sections at the beginning of such chapter 
accordingly):
H. R. 7776—107 
‘‘§ 182a. Center for Excellence in Environmental Security 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may operate 
a Center for Excellence in Environmental Security (in this section 
referred to as the ‘Center’). 
‘‘(b) MISSIONS.—(1) The Center shall be used to provide and 
facilitate education, training, and research in civil-military oper-
ations, particularly operations that require international assistance 
and operations that require coordination between the Department 
of Defense and other Federal agencies. 
‘‘(2) The Center shall be used to provide and facilitate education, 
training, interagency coordination, and research on the following 
additional matters: 
‘‘(A) Management of the consequences of environmental 
insecurity with respect to— 
‘‘(i) access to water, food, and energy; 
‘‘(ii) related health matters; and 
‘‘(iii) matters relating to when, how, and why environ-
mental stresses to human safety, health, water, energy, 
and food will cascade to economic, social, political, or 
national security events. 
‘‘(B) Appropriate roles for the reserve components in 
response to environmental insecurity resulting from natural 
disasters. 
‘‘(C) Meeting requirements for information in connection 
with regional and global disasters, including through the use 
of advanced communications technology as a virtual library. 
‘‘(3) The Center shall perform such other missions as the Sec-
retary of Defense may specify. 
‘‘(4) To assist the Center in carrying out the missions under 
this subsection, upon request of the Center, the head of any Federal 
agency may grant to the Center access to the data, archives, and 
other physical resources (including facilities) of that agency, and 
may detail any personnel of that agency to the Center, for the 
purpose of enabling the development of global environmental indica-
tors. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHOR-
IZED.—The Secretary of Defense may enter into an agreement with 
appropriate officials of an institution of higher education to provide 
for the operation of the Center. Any such agreement shall provide 
for the institution to furnish necessary administrative services for 
the Center, including by directly providing such services or pro-
viding the funds for such services. 
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in 
paragraph (2), the Secretary of Defense may accept, on behalf 
of the Center, donations to be used to defray the costs of the 
Center or to enhance the operation of the Center. Such donations 
may be accepted from any agency of the Federal Government, 
any State or local government, any foreign government, any founda-
tion or other charitable organization (including any that is organized 
or operates under the laws of a foreign country), or any other 
private source in the United States or a foreign country. 
‘‘(2) The Secretary may not accept a donation under paragraph 
(1) if the acceptance of the donation would compromise or appear 
to compromise— 
‘‘(A) the ability of the Department of Defense, any employee 
of the Department, or any member of the armed forces, to
H. R. 7776—108 
carry out any responsibility or duty of the Department or 
the armed forces in a fair and objective manner; or 
‘‘(B) the integrity of any program of the Department of 
Defense or of any person involved in such a program. 
‘‘(3) The Secretary shall prescribe written guidance setting forth 
the criteria to be used in determining whether or not the acceptance 
of a foreign donation under paragraph (1) would have a result 
described in paragraph (2). 
‘‘(4) Funds accepted by the Secretary under paragraph (1) as 
a donation on behalf of the Center shall be credited to appropria-
tions available to the Department of Defense for the Center. Funds 
so credited shall be merged with the appropriations to which cred-
ited and shall be available for the Center for the same purposes 
and the same period as the appropriations with which merged.’’. 
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY 
TRADING. 
(a) IN GENERAL.—Chapter 159 of title 10, United States Code, 
is amended by inserting after section 2694c the following new 
section: 
‘‘§ 2694d. Participation in pollutant banks and water quality 
trading 
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of a military 
department, and the Secretary of Defense with respect to matters 
concerning a Defense Agency, when engaged in an authorized 
activity that may or will result in the discharge of pollutants, 
may make payments to a pollutant banking program or water 
quality trading program approved in accordance with the Water 
Quality Trading Policy dated January 13, 2003, set forth by the 
Office of Water of the Environmental Protection Agency, or any 
successor administrative guidance or regulation. 
‘‘(b) TREATMENT OF PAYMENTS.—Payments made under sub-
section (a) to a pollutant banking program or water quality trading 
program may be treated as eligible project costs for military 
construction. 
‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In this section, the 
term ‘discharge of pollutants’ has the meaning given that term 
in section 502(12) of the Federal Water Pollution Control Act (33 
U.S.C. 1362(12)) (commonly referred to as the ‘Clean Water Act’).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2694c following new item: 
‘‘2694d. Participation in pollutant banks and water quality trading.’’. 
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RES-
TORATION PROGRAM FOR STATE-OWNED FACILITIES OF 
THE NATIONAL GUARD WITH PROVEN EXPOSURE OF HAZ-
ARDOUS SUBSTANCES AND WASTE. 
(a) DEFINITION OF STATE-OWNED NATIONAL GUARD FACILITY.— 
Section 2700 of title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(4) The term ‘State-owned National Guard facility’ includes 
land owned and operated by a State when such land is used 
for training 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, even though such land 
is not under the jurisdiction of the Department of Defense.’’.
H. R. 7776—109 
(b) AUTHORITY
FOR DEFENSE ENVIRONMENTAL RESTORATION 
PROGRAM.—Section 2701(a)(1) of such title is amended, in the first 
sentence, by inserting ‘‘and at State-owned National Guard facili-
ties’’ before the period. 
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Section 2701(c)(1) 
of such title is amended by adding at the end the following new 
subparagraph: 
‘‘(D) Each State-owned National Guard facility being 
used for training 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 at the time 
of actions leading to contamination by hazardous sub-
stances or pollutants or contaminants.’’. 
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY 
REPORTS OF DEPARTMENT OF DEFENSE. 
(a) ENVIRONMENTAL REPORT.—Section 2711 of title 10, United 
States Code, is amended by striking subsections (a) and (b) and 
inserting the following new subsections: 
‘‘(a) REPORT REQUIRED.—Not later than March 31 of each year, 
the Secretary of Defense shall submit to Congress a report on 
progress made by environmental programs of the Department of 
Defense during the preceding fiscal year. 
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include, 
for the year covered by the report, the following: 
‘‘(1) With respect to environmental restoration activities 
of the Department of Defense, and for each of the military 
departments, information on the Defense Environmental Res-
toration Program under section 2701 of this title, including— 
‘‘(A) the total number of sites at which such program 
was carried out; 
‘‘(B) the progress of remediation for sites that have 
not yet completed cleanup; 
‘‘(C) the remaining cost to complete cleanup of known 
sites; and 
‘‘(D) an assessment by the Secretary of Defense of 
the overall progress of such program. 
‘‘(2) An assessment by the Secretary of achievements for 
environmental conservation and planning by the Department. 
‘‘(3) An assessment by the Secretary of achievements for 
environmental compliance by the Department. 
‘‘(4) An assessment by the Secretary of achievements for 
climate resiliency by the Department. 
‘‘(5) An assessment by the Secretary of the progress made 
by the Department in achieving the objectives and goals of 
the Environmental Technology Program of the Department. 
‘‘(c) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under 
subsection (a) any annual report or other requirement that is 
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing environmental 
restoration, compliance, and resilience.’’. 
(b) ENERGY REPORT.— 
(1) IN GENERAL.—Section 2925 of such title is amended— 
(A) by amending the section heading to read as follows: 
‘‘Annual report on energy performance, resilience, 
and readiness of Department of Defense’’; and
H. R. 7776—110 
(B) by striking subsections (a) and (b) and inserting 
the following new subsections: 
‘‘(a) REPORT REQUIRED.—Not later than 240 days after the 
end of each fiscal year, the Secretary of Defense shall submit 
to the congressional defense committees a report detailing the fulfill-
ment during that fiscal year of the authorities and requirements 
under sections 2688, 2911, 2912, 2920, and 2926 of this title, 
including progress on energy resilience at military installations 
and the use of operational energy in combat platforms and at 
contingency locations. 
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include 
the following: 
‘‘(1) For the year covered by the report, the following: 
‘‘(A) A description of the progress made to achieve 
the goals of the Energy Policy Act of 2005 (Public Law 
109–58), section 2911(g) of this title, and the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140). 
‘‘(B) A description of the energy savings, return on 
investment, and enhancements to installation mission 
assurance realized by the fulfillment of the goals described 
in subparagraph (A). 
‘‘(C) A description of and progress toward the energy 
security, resilience, and performance goals and master 
planning for the Department of Defense, including associ-
ated metrics pursuant to subsections (c) and (d) of section 
2911 of this title and requirements under section 2688(g) 
of this title. 
‘‘(D) An evaluation of progress made by the Department 
in implementing the operational energy strategy of the 
Department, including the progress of key initiatives and 
technology investments related to operational energy 
demand and management. 
‘‘(E) Details of the amounts of any funds transferred 
by the Secretary of Defense pursuant to section 2912 of 
this title, including a detailed description of the purpose 
for which such amounts have been used. 
‘‘(2) Statistical information on operational energy demands 
of the Department, in terms of expenditures and consumption, 
for the preceding five fiscal years, including information on 
funding made available in regular defense appropriations Acts 
and any supplemental appropriations Acts. 
‘‘(3) A description of each initiative related to the oper-
ational energy strategy of the Department and a summary 
of funds appropriated for each initiative in the previous fiscal 
year and current fiscal year and requested for each initiative 
for the next five fiscal years. 
‘‘(4) Such recommendations as the Secretary considers 
appropriate for additional changes in organization or authority 
within the Department to enable further implementation of 
the energy strategy and such other comments and recommenda-
tions as the Secretary considers appropriate. 
‘‘(c) CLASSIFIED FORM.—If a report under subsection (a) is sub-
mitted in classified form, the Secretary of Defense shall, concur-
rently with such report, submit to the congressional defense commit-
tees an unclassified version of the report.
H. R. 7776—111 
‘‘(d) CONSOLIDATION.—The Secretary of Defense may consoli-
date, attach with, or otherwise include in any report required under 
subsection (a) any annual report or other requirement that is 
aligned or associated with, or would be better understood if pre-
sented as part of a consolidated report addressing energy perform-
ance, resilience, and readiness.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter III of chapter 173 of such title is 
amended by striking the item relating to section 2925 and 
inserting the following new item: 
‘‘2925. Annual report on energy performance, resilience, and readiness of Depart-
ment of Defense.’’. 
(c) CONTINUATION OF REPORTING REQUIREMENTS.— 
(1) 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 
following reports: 
(A) The report required to be submitted to Congress 
under section 2711 of title 10, United States Code. 
(B) The report required to be submitted to Congress 
under section 2925 of title 10, United States Code. 
(2) CONFORMING
REPEAL.—Section 1061(c) of National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 10 U.S.C. 111 note) is amended by striking para-
graphs (51) and (54). 
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND 
FUNDING. 
Section 2911 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(j) 
AGGREGATE
ENERGY
CONSERVATION
MEASURES
AND 
FUNDING.—(1) To the maximum extent practicable, the Secretary 
concerned shall take a holistic view of the energy project opportuni-
ties on installations under the jurisdiction of such Secretary and 
shall consider aggregate energy conservation measures, including 
energy conservation measures with quick payback, with energy 
resilience enhancement projects and other projects that may have 
a longer payback period. 
‘‘(2) In considering aggregate energy conservation measures 
under paragraph (1), the Secretary concerned shall incorporate 
all funding available to such Secretary for such measures, 
including— 
‘‘(A) appropriated funds, such as— 
‘‘(i) funds appropriated for the Energy Resilience and 
Conservation Investment Program of the Department; and 
‘‘(ii) funds appropriated for the Facilities Sustainment, 
Restoration, and Modernization program of the Depart-
ment; and 
‘‘(B) funding available under performance contracts, such 
as energy savings performance contracts and utility energy 
service contracts.’’. 
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY 
PERFORMANCE 
GOALS 
AND 
ENERGY 
PERFORMANCE 
MASTER PLAN. 
Section 2911(e) of title 10, United States Code, is amended 
by adding at the end the following new paragraphs:
H. R. 7776—112 
‘‘(14) The reliability and security of energy resources in 
the event of a military conflict. 
‘‘(15) The value of resourcing energy from partners and 
allies of the United States.’’. 
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION, 
ADVANCED-BIOFUEL-POWERED, OR HYDROGEN-POWERED 
VEHICLES FOR THE DEPARTMENT OF DEFENSE. 
(a) REQUIREMENT.—Section 2922g of title 10, United States 
Code, is amended— 
(1) in the heading, by striking ‘‘systems’’ and inserting 
‘‘systems; purchase or lease of certain electric and other 
vehicles’’; 
(2) in subsection (a), by striking ‘‘In leasing’’ and inserting 
‘‘During the period preceding October 1, 2035, in leasing’’; 
(3) in subsection (c), by inserting ‘‘, during the period speci-
fied in subsection (a),’’ after ‘‘from authorizing’’; and 
(4) by adding at the end the following new subsections: 
‘‘(d) REQUIREMENT.—Except as provided in subsection (e), begin-
ning on October 1, 2035, each covered nontactical vehicle purchased 
or leased by or for the use of the Department of Defense shall 
be— 
‘‘(1) an electric or zero emission vehicle that uses a charging 
connector type (or other means to transmit electricity to the 
vehicle) that meets applicable industry accepted standards for 
interoperability and safety; 
‘‘(2) an advanced-biofuel-powered vehicle; or 
‘‘(3) a hydrogen-powered vehicle. 
‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE 
CONSUMPTION OF FOSSIL FUELS.—Notwithstanding the requirement 
under subsection (d), beginning on October 1, 2035, the Secretary 
of Defense may authorize the purchase or lease of a covered nontac-
tical vehicle that is not described in such subsection if the Secretary 
determines, on a case-by-case basis, that— 
‘‘(1) the technology used in the vehicle to be purchased 
or leased reduces the consumption of fossil fuels compared 
to vehicles that use conventional internal combustion tech-
nology; 
‘‘(2) the purchase or lease of such vehicle is consistent 
with the energy performance goals and plan of the Department 
of Defense required by section 2911 of this title; and 
‘‘(3) the purchase or lease of a vehicle described in sub-
section (d) is impracticable under the circumstances. 
‘‘(f) WAIVER.—(1) The Secretary of Defense may waive the 
requirement under subsection (d). 
‘‘(2) The Secretary of Defense may not delegate the waiver 
authority under paragraph (1). 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘advanced-biofuel-powered vehicle’ includes 
a vehicle that uses a fuel described in section 9001(3)(A) of 
the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 
8101(3)(A)). 
‘‘(2) The term ‘covered nontactical vehicle’ means any 
vehicle— 
‘‘(A) that is not a tactical vehicle designed for use 
in combat; and
H. R. 7776—113 
‘‘(B) that is purchased or leased by the Department 
of Defense pursuant to a contract entered into, renewed, 
modified, or amended on or after October 1, 2035. 
‘‘(3) The term ‘hydrogen-powered vehicle’ means a vehicle 
that uses hydrogen as the main source of motive power, either 
through a fuel cell or internal combustion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter II of chapter 173 of such title is amended 
by striking the item relating to section 2922g and inserting the 
following new item: 
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems; 
purchase or lease of certain electric and other vehicles.’’. 
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF 
DEFENSE 
RELATING 
TO 
RENEWABLE 
BIOMASS 
AND 
BIOGAS. 
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): 
‘‘(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)). 
‘‘(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)).’’. 
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION 
OF FUEL RELIANCE AND PROMOTION 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 (and conforming the table of sections at the 
beginning of such subchapter accordingly): 
‘‘§ 2928. Programs on reduction of fuel reliance and pro-
motion of energy-aware behaviors 
‘‘(a) ESTABLISHMENT.—Each Secretary of a military department 
shall establish a program for the promotion of energy-aware behav-
iors and the reduction of unnecessary fuel consumption within 
that military department. 
‘‘(b) GOALS.—The goals of the programs established under sub-
section (a) shall be as follows: 
‘‘(1) To increase operational energy resiliency. 
‘‘(2) To decrease energy-related strategic vulnerabilities and 
enhance military readiness. 
‘‘(3) To integrate sustainability features for new and 
existing military installations and other facilities of the Depart-
ment. 
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the program of 
a military department under subsection (a), the Secretary of the 
military department shall carry out, with respect to the military 
department, and at a minimum, the following:
H. R. 7776—114 
‘‘(1) The development and implementation of a strategy 
for the collection and analysis of data on fuel consumption, 
to identify operational inefficiencies and enable data-driven 
decision making with respect to fuel logistics and the reduction 
of fuel consumption. 
‘‘(2) The fostering of an energy-aware culture across the 
military department to reduce fuel consumption, including 
through— 
‘‘(A) the incorporation of energy conservation and resil-
iency principles into training curricula and other training 
materials of the military department, including by updating 
such materials to include information on the effect of 
energy-aware behaviors on improving readiness and combat 
capability; and 
‘‘(B) the review of standard operating procedures, and 
other operational manuals and procedures, of the military 
department, to identify procedures that increase fuel 
consumption with no operational benefit. 
‘‘(3) The integration of operational energy factors into the 
wargaming of the military department and related training 
activities that involve the modeling of scenarios, in accordance 
with subsection (d), to provide to participants in such activities 
realistic data on the risks and challenges relating to operational 
energy and fuel logistics. 
‘‘(4) The implementation of data-driven procedures, oper-
ations planning, and logistics, to optimize cargo transport and 
refueling operations within the military department. 
‘‘(d) WARGAMING ELEMENTS.—In integrating operational energy 
factors into the wargaming and related training activities of a 
military department under subsection (c)(3), the Secretary of the 
military department shall seek to ensure that the planning, design, 
and execution of such activities include— 
‘‘(1) coordination with the elements of the military depart-
ment responsible for fuel and logistics matters, to ensure the 
modeling of energy demand and network risk during such 
activities are accurate, taking into account potential shortfalls 
and the direct and indirect effects of the efforts of foreign 
adversaries to target fuel supply chains; and 
‘‘(2) a focus on improving integrated life-cycle management 
processes and fuel supply logistics.’’. 
(b) DEADLINE
FOR ESTABLISHMENT.—The programs required 
under section 2928 of title 10, United States Code, as added by 
subsection (a), shall be established 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 enact-
ment 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. 
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE 
JOINT 
REQUIREMENTS 
FOR 
FUTURE 
OPERATIONAL 
ENERGY NEEDS OF DEPARTMENT OF DEFENSE. 
Section 352 of the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81; 135 Stat. 1653) is amended by 
adding at the end the following new subsection:
H. R. 7776—115 
‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE 
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS 
OF DEPARTMENT OF DEFENSE.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Defense shall 
establish a joint working group (in this subsection referred 
to as the ‘working group’) to determine joint requirements 
for future operational energy needs of the Department of 
Defense. 
‘‘(2) EXECUTIVE AGENT.—The Secretary of the Air Force 
shall serve as the executive agent of the working group. 
‘‘(3) REQUIREMENTS SPECIFIED.— 
‘‘(A) IN GENERAL.—In determining joint requirements 
under paragraph (1), the working group shall address the 
operational energy needs of each military department and 
combatant command to meet energy needs in all domains 
of warfare, including land, air, sea, space, cyberspace, 
subsea, and subterranean environments. 
‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—Priority for joint 
requirements under paragraph (1) shall be given to inde-
pendent operational energy systems that— 
‘‘(i) are capable of operating in austere and isolated 
environments with quick deployment capabilities; and 
‘‘(ii) may reduce conventional air pollution and 
greenhouse gas emissions comparable to systems 
already in use. 
‘‘(4) EXISTING OR NEW PROGRAMS.—The working group shall 
address the feasibility of meeting joint requirements determined 
under paragraph (1) through the existing energy programs 
of the Department and make recommendations for new pro-
grams to meet such requirements. 
‘‘(5) FOCUS AREAS.—In carrying out the requirements under 
this subsection, the working group shall focus the efforts of 
the working group on operational energy, including— 
‘‘(A) micro-reactors and small modular reactors; 
‘‘(B) hydrogen-based fuel systems, including hydrogen 
fuel cells and hydrogen-based combustion engines; 
‘‘(C) battery storage; 
‘‘(D) renewable energy sources; 
‘‘(E) retrofits to existing platforms that shall increase 
efficiencies; and 
‘‘(F) other technologies and resources that meet joint 
requirements determined under paragraph (1). 
‘‘(6) RECOMMENDED PLAN OF ACTION.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this subsection, the Secretary 
shall submit to the congressional defense committees a 
report, and provide to the congressional defense committees 
a classified briefing, outlining recommendations for pro-
grams to meet joint requirements for future operational 
energy needs of the Department of Defense by 2025, 2030, 
and 2040. 
‘‘(B) FOCUS ON READINESS AND FLEXIBILITY.—In submit-
ting the report and providing the briefing under subpara-
graph (A), the Secretary shall— 
‘‘(i) address each element of the report or briefing, 
as the case may be, in the context of maintaining 
or increasing the readiness levels of the Armed Forces
H. R. 7776—116 
and the flexibility of operational elements within the 
Department; and 
‘‘(ii) disregard energy sources that do not increase 
such readiness and flexibility, with an explanation for 
the reason such sources were disregarded. 
‘‘(C) FORM.—The report under subparagraph (A) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘advanced nuclear reactor’ has the 
meaning given that term in section 951(b) of the Energy 
Policy Act of 2005 (42 U.S.C. 16271(b)). 
‘‘(B) The term ‘micro-reactor’ means an advanced 
nuclear reactor that has an electric power production 
capacity that is not greater than 50 megawatts that can 
be transported via land, air, or sea transport and can 
be redeployed. 
‘‘(C) The term ‘small modular reactor’ means an 
advanced nuclear reactor— 
‘‘(i) with a rated capacity of less than 300 electrical 
megawatts; or 
‘‘(ii) that can be constructed and operated in com-
bination with similar reactors at a single site.’’. 
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE 
RELATING TO EXTREME WEATHER. 
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 following new para-
graph: 
‘‘(3) a calculation of the annual costs to the Department 
for— 
‘‘(A) assistance that is— 
‘‘(i) provided to the Federal Emergency Manage-
ment Agency or any Federal land management agency 
(as such term is defined in section 802 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6801)) 
pursuant to a request for such assistance and in con-
sultation with the National Interagency Fire Center; 
or 
‘‘(ii) provided under title 10 or title 32, United 
States Code, to any State, territory, or possession of 
the United States, regarding extreme weather; and 
‘‘(B) resourcing required to support— 
‘‘(i) wildfire response, recovery, or restoration 
efforts occurring within military installations or other 
facilities of the Department; or 
‘‘(ii) any Federal agency other than the Depart-
ment (including the Federal Emergency Management 
Agency and the National Interagency Fire Center) with 
respect to wildfire response, recovery, or restoration 
efforts, where such resourcing is not reimbursed.’’.
H. R. 7776—117 
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY 
RESILIENCE AT CERTAIN MILITARY INSTALLATIONS. 
(a) IN GENERAL.—Subject to the availability of appropriations 
for such purpose, each Secretary of a military department shall 
ensure that covered prototype and demonstration projects are con-
ducted at each military installation under the jurisdiction of that 
Secretary that is designated by the Secretary of Defense as an 
‘‘Energy Resilience Testbed’’ pursuant to subsection (b). 
(b) SELECTION OF MILITARY INSTALLATIONS.— 
(1) NOMINATION.—Each Secretary of a military department 
shall nominate military installations under the jurisdiction of 
that Secretary for selection under paragraph (2), and submit 
to the Secretary of Defense a list of such nominations. 
(2) SELECTION.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
select, from among the lists of nominated military installations 
provided by the Secretaries of the military departments under 
paragraph (1), at least one such nominated military installation 
per military department for designation pursuant to paragraph 
(4). 
(3) CONSIDERATIONS.—In selecting military installations 
under paragraph (2), the Secretary of Defense shall, to the 
extent practicable, take into consideration the following: 
(A) The mission of the installation. 
(B) The geographic terrain of the installation and of 
the community surrounding the installation. 
(C) The energy resources available to support the 
installation. 
(D) An assessment of any extreme weather risks or 
vulnerabilities at the installation and the community sur-
rounding the installation. 
(4) DESIGNATION AS ENERGY RESILIENCE TESTBED.—Each 
military installation selected under paragraph (2) shall be 
known as an ‘‘Energy Resilience Testbed’’. 
(c) COVERED TECHNOLOGIES.—Covered prototype and dem-
onstration projects conducted at military installations designated 
pursuant to subsection (b) shall include the prototype and dem-
onstration of technologies in the following areas: 
(1) Energy storage technologies, including long-duration 
energy storage systems. 
(2) Technologies to improve building energy efficiency in 
a cyber-secure manner, such as advanced lighting controls, 
high-performance cooling systems, and technologies for waste 
heat recovery. 
(3) Technologies to improve building energy management 
and control in a cyber-secure manner. 
(4) Tools and processes for design, assessment, and decision 
making on the installation with respect to all hazards resilience 
and hazard analysis, energy use, management, and the 
construction of resilient buildings and infrastructure. 
(5) Carbon sequestration technologies. 
(6) Technologies relating to on-site resilient energy genera-
tion, including the following: 
(A) Advanced geothermal technologies. 
(B) Advanced nuclear technologies, including small 
modular reactors.
H. R. 7776—118 
(7) Port electrification and surrounding defense community 
infrastructure. 
(8) Tidal and wave power technologies. 
(9) Distributed ledger technologies. 
(d) BRIEFING.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall provide 
to the appropriate congressional committees a briefing on the con-
duct of covered prototype and demonstration projects at each mili-
tary installation designated pursuant to subsection (b). Such 
briefing shall include the following: 
(1) An identification of each military installation so des-
ignated. 
(2) A justification as to why each military installation so 
designated was selected for such designation. 
(3) A strategy for commencing the conduct of such projects 
at each military installation so designated by not later than 
one year after the date of the enactment of this Act. 
(e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—Beginning 
not later than one year after the date of the enactment of this 
Act, covered prototype and demonstration projects shall be con-
ducted at, and such conduct shall be incorporated into the mission 
of, each military installation designated pursuant to subsection 
(b). 
(f) RESPONSIBILITY FOR ADMINISTRATION AND OVERSIGHT.—Not-
withstanding the responsibility of the Secretary of Defense to select 
each military installation for designation pursuant to subsection 
(b)(2), the administration and oversight of the conduct of covered 
prototype and demonstration projects at a military installation so 
designated, as required under subsection (a), shall be the responsi-
bility of the Secretary of the military department with jurisdiction 
over that military installation. 
(g) CONSORTIUMS.— 
(1) IN GENERAL.—Each Secretary of a military department 
may enter into a partnership with, or seek to establish, a 
consortium of industry, academia, and other entities described 
in paragraph (2) to conduct covered prototype and demonstra-
tion projects at a military installation that is under the jurisdic-
tion of that Secretary and designated by the Secretary of 
Defense pursuant to subsection (b). 
(2) CONSORTIUM ENTITIES.—The entities described in this 
paragraph are as follows: 
(A) National laboratories. 
(B) Industry entities the primary work of which relates 
to technologies and business models relating to energy 
resilience and all hazards resilience. 
(h) AUTHORITIES.— 
(1) IN
GENERAL.—Covered prototype and demonstration 
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 Defense Authorization Act for Fiscal Year 2021 (Public 
Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including 
by using funds available under the Operational Energy Proto-
typing Fund established pursuant to such section), using the 
other transactions authority under section 4021 or 4022 of 
title 10, United States Code, or using any other available
H. R. 7776—119 
authority or funding source the Secretary of Defense determines 
appropriate. 
(2) 
FOLLOW-ON
PRODUCTION
CONTRACTS
OR
TRANS-
ACTIONS.—Each Secretary of a military department shall ensure 
that, to the extent practicable, any transaction entered into 
under the other transactions authority under section 4022 of 
title 10, United States Code, for the conduct of a covered 
prototype and demonstration project under this section shall 
provide for the award of a follow-on production contract or 
transaction pursuant to subsection (f) of such section 4022. 
(i) 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 deter-
mine appropriate, including by entering into relevant memoranda 
of understanding. 
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as precluding any Secretary of a military department 
from carrying out any activity, including conducting a project or 
making an investment, relating to the improvement of energy resil-
ience or all hazards resilience under an authority other than this 
section. 
(k) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the Committee on Armed Services and the Com-
mittee on Energy and Commerce of the House of Represent-
atives; and 
(B) the Committee on Armed Services and the Com-
mittee on Energy and Natural Resources of the Senate. 
(2) The term ‘‘community infrastructure’’ has the meaning 
given that term in section 2391(e) of title 10, United States 
Code. 
(3) The term ‘‘covered prototype and demonstration project’’ 
means a project to prototype and demonstrate advanced tech-
nologies to enhance energy resilience, including with respect 
to energy supply disruptions, and all hazards resilience at 
a military installation. 
(4) The term ‘‘military installation’’ has the meaning given 
that term in section 2867 of title 10, United States Code. 
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE 
CHARGING SOLUTIONS TO MITIGATE GRID STRESS. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Secretaries of the military departments, and in consulta-
tion with the Secretary of Energy, shall carry out a pilot program 
to develop and test covered infrastructure to mitigate grid stress 
caused by electric vehicles through the implementation and mainte-
nance on certain military installations of charging stations, 
microgrids, and other covered infrastructure sufficient to cover the 
energy demand at such installations. 
(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 shall— 
(A) select at least one military installation of each 
Armed Force under the jurisdiction of that Secretary at
H. R. 7776—120 
which to carry out the pilot program under subsection 
(a); and 
(B) submit to the Committees on Armed Services of 
the House of Representatives and the Senate a notification 
containing an identification of each such selected installa-
tion. 
(2) CONSIDERATIONS.—In choosing a military installation 
for selection pursuant to paragraph (1), each Secretary of a 
military department shall take into account the following: 
(A) A calculation of existing loads at the installation 
and the existing capacity of the installation for the charging 
of electric vehicles, including (as applicable) light duty 
trucks. 
(B) Any required upgrades to covered infrastructure 
on the installation, including electrical wiring, anticipated 
by the Secretary. 
(C) The ownership, financing, operation, and mainte-
nance models of existing and planned covered infrastruc-
ture on the installation. 
(D) An assessment of local grid needs, and any required 
updates relating to such needs anticipated by the Secretary. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than one year after the date 
on which a Secretary of a military department submits a 
notification identifying a selected military installation under 
subsection (b), that Secretary shall submit to the Committee 
on Armed Services and the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Armed Services of the Senate a report on— 
(A) the covered infrastructure to be implemented under 
the pilot program at the installation; 
(B) the methodology by which each type of covered 
infrastructure so implemented shall be assessed for efficacy 
and efficiency at providing sufficient energy to cover the 
anticipated energy demand of the electric vehicle fleet at 
the installation and mitigating grid stress; and 
(C) the maintenance on the military installation of 
charging 
stations 
and 
other 
covered 
infrastructure, 
including a microgrid, that will be sufficient to— 
(i) cover the anticipated electricity demand of such 
fleet; and 
(ii) improve installation energy resilience. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, with respect to the selected military installation for 
which the report is submitted, the following: 
(A) A determination of the type and number of charging 
stations to implement on the installation, taking into 
account the interoperability of chargers and the potential 
future needs or applications for chargers, such as vehicle- 
to-grid or vehicle-to-building applications. 
(B) A determination of the optimal ownership model 
to provide charging stations on the installation, taking 
into account the following: 
(i) Use of Government-owned (purchased, installed, 
and maintained) charging stations. 
(ii) Use of third-party financed, installed, operated, 
and maintained charging stations.
H. R. 7776—121 
(iii) Use of financing models in which energy and 
charging infrastructure operations and maintenance 
are treated as a service. 
(iv) Cyber and physical security considerations and 
best practices associated with different ownership, net-
work, and control models. 
(C) A determination of the optimal power source to 
provide charging stations at the installation, taking into 
account the following: 
(i) Transformer and substation requirements. 
(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 determinations specified in paragraph (2). 
(d) FINAL REPORT.—Not later than January 1, 2025, the Sec-
retary of Defense shall submit to the congressional committees 
specified in subsection (c)(1) a final report on the pilot program 
under subsection (a). Such report shall include the observations 
and findings of the Department relating to the charging stations 
and other covered infrastructure implemented and maintained 
under such pilot program, including with respect to the elements 
specified in subsection (c)(2). 
(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 collection of one 
or more electric vehicle supply equipment units serving the 
purpose of charging an electric vehicle battery. 
(3) The term ‘‘covered infrastructure’’— 
(A) means infrastructure that the Secretary of Defense 
determines may be used to— 
(i) charge electric vehicles, including by transmit-
ting electricity to such vehicles directly; or 
(ii) support the charging of electric vehicles, 
including by supporting the resilience of grids or other 
systems for delivering 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 com-
bination of electric and gas powered engine that can use 
either gasoline or electricity as a fuel source; and 
(B) a plug-in electric vehicle that runs solely on elec-
tricity and does not contain an internal combustion engine 
or gas tank.
H. R. 7776—122 
(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 resources 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 ‘‘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. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN GENERAL.—Subject to the availability of appropria-
tions for such purpose, the Secretary of Defense shall conduct 
a pilot program on the use of sustainable aviation fuel by 
the Department of Defense (in this section referred to as the 
‘‘pilot program’’). 
(2) DESIGN
OF
PROGRAM.—The pilot program shall be 
designed to— 
(A) identify any logistical challenges with respect to 
the use of sustainable aviation fuel by the Department; 
(B) promote understanding of the technical and 
performance characteristics of sustainable aviation fuel 
when used in a military setting; and 
(C) engage nearby commercial airports to explore 
opportunities and challenges to partner on the increased 
use of sustainable aviation fuel. 
(b) SELECTION OF FACILITIES.— 
(1) SELECTION.— 
(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense 
shall select not fewer than two geographically diverse facili-
ties of the Department at which to carry out the pilot 
program. 
(B) ONSITE
REFINERY.—Not fewer than one facility 
selected under subparagraph (A) shall be a facility with 
an onsite refinery that is located in proximity to not fewer 
than 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 appropriate congressional committees notice of the selection, 
including an identification of the facility selected. 
(c) USE OF SUSTAINABLE AVIATION FUEL.— 
(1) PLANS.—For each facility selected under subsection (b), 
not later than one year after the selection of the facility, the 
Secretary shall— 
(A) develop a plan on how to implement, by September 
30, 2028, a target of exclusively using at the facility avia-
tion fuel that is blended to contain not less than 10 percent 
sustainable aviation fuel; 
(B) submit the plan developed under subparagraph 
(A) to the appropriate congressional committees; and
H. R. 7776—123 
(C) provide to the appropriate congressional commit-
tees a briefing on such plan that includes, at a minimum— 
(i) a description of any operational, infrastructure, 
or logistical requirements, and recommendations, for 
the blending and use of sustainable aviation fuel; and 
(ii) a description of any stakeholder engagement 
in the development of the plan, including any consulta-
tions with nearby commercial airport owners or opera-
tors. 
(2) IMPLEMENTATION OF PLANS.—For each facility selected 
under subsection (b), during the period beginning on a date 
that is not later than September 30, 2028, and for five years 
thereafter, the Secretary shall require, in accordance with the 
respective plan developed under paragraph (1), the exclusive 
use at the facility of aviation fuel that is blended to contain 
not less than 10 percent sustainable aviation fuel. 
(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 
domestic feedstock sources. 
(2) Such fuel shall constitute drop-in fuel that meets all 
specifications and performance requirements of the Department 
of Defense and the Armed Forces. 
(e) WAIVER.—The Secretary may waive the use of sustainable 
aviation fuel at a facility 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 committees notice 
of such waiver and the reasons for such waiver. 
(f) FINAL REPORT.— 
(1) IN GENERAL.—At the conclusion of the pilot program, 
the Assistant Secretary of Defense for Energy, Installations, 
and Environment shall submit to the appropriate congressional 
committees a final report on the pilot program. 
(2) ELEMENTS.—The report under paragraph (1) shall 
include each of the following: 
(A) An assessment of the effect of using sustainable 
aviation fuel on the overall fuel costs of blended fuel. 
(B) A description of any operational, infrastructure, 
or logistical requirements, and recommendations, for the 
blending and use of sustainable aviation fuel, with a focus 
on scaling up adoption of such fuel throughout the Armed 
Forces. 
(C) Recommendations with respect to how military 
installations can leverage proximity to commercial 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 infrastruc-
ture. 
(D) A description of the effects on performance and 
operation of aircraft using sustainable aviation fuel, 
including— 
(i) if used, considerations of various blending ratios 
and the associated benefits thereof;
H. R. 7776—124 
(ii) efficiency and distance improvements of flights 
using sustainable aviation fuel; 
(iii) weight savings on large transportation aircraft 
and other types of aircraft by using blended fuel with 
higher concentrations of sustainable aviation fuel; 
(iv) maintenance benefits of using sustainable 
aviation fuel, including with respect to engine lon-
gevity; 
(v) the effect of the use of sustainable aviation 
fuel on emissions and air quality; 
(vi) the effect of the use of sustainable aviation 
fuel on the environment and on surrounding commu-
nities, including environmental justice factors that are 
created by the demand for and use of sustainable avia-
tion fuel by the Department of Defense; and 
(vii) benefits with respect to job creation in the 
sustainable aviation fuel production and supply chain. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ means 
the following: 
(A) The Committee on Armed Services and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives. 
(B) The Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate. 
(2) The term ‘‘sustainable aviation fuel’’ has the meaning 
given such term in section 40007(e) of the Act titled ‘An Act 
to provide for reconciliation pursuant to title II of S. Con. 
Res. 14’ (Public Law 117–169). 
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED 
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 Environment, 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 Department of Defense Manual 4160.21, titled ‘‘Defense Mate-
rial Disposition: Disposal Guidance and Procedures’’, or such suc-
cessor document, accordingly), for the purpose of supporting the 
reclamation and return of precious metals, rare earth metals, and 
elements of strategic importance (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 consider, at a minimum, the 
following recycling methods: 
(1) Pyroprocessing. 
(2) Hydroprocessing. 
(3) Direct cathode recycling, relithiation, and upcycling. 
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY 
USED DEFENSE SITES PROGRAMS. 
(a) GUIDANCE RELATING TO SITE PRIORITIZATION.—The Assist-
ant Secretary of Defense for Energy, Installations, and Environment 
shall issue guidance setting forth how, in prioritizing sites for 
activities funded under the ‘‘Environmental Restoration Account,
H. R. 7776—125 
Formerly Used Defense Sites’’ account established under section 
2703(a)(5) of title 10, United States Code, the Assistant Secretary 
shall weigh the relative risk or other factors between Installation 
Restoration Program sites and Military Munitions Response Pro-
gram sites. 
(b) TARGET GOAL FOR MILITARY MUNITIONS RESPONSE PRO-
GRAM.—The Assistant Secretary of Defense for Energy, Installa-
tions, and Environment shall establish a target goal for the comple-
tion of the cleanup of all Military Munitions Response Program 
sites. 
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT 
ON MILITARY INSTALLATIONS. 
(a) INSTALLATION ANALYSIS.—Each Secretary of a military 
department shall conduct an analysis of the military installations 
under the jurisdiction of that Secretary to assess the extent to 
which heat islands affect readiness, infrastructure service life, and 
utilities costs. Each such analysis shall contain each of the following: 
(1) An analysis of how heat islands exacerbate summer 
heat conditions and necessitate the increased use of air condi-
tioning on the installations, including an estimate of the cost 
of such increased usage with respect to both utilities costs 
and shortened service life of air conditioning units. 
(2) An assessment of any readiness effects related to heat 
islands, including the loss of training hours due to black flag 
conditions, and the corresponding cost of such effects. 
(b) PLAN.—Based on the results of the analyses conducted under 
subsection (a), the Secretaries of the military departments shall 
jointly— 
(1) develop a plan for mitigating the effects of heat islands 
at the most severely affected installations, including by 
increasing tree coverage, installing cool roofs or green roofs, 
and painting asphalt; and 
(2) promulgate best practices enterprise-wide for cost avoid-
ance and reduction of the effects of heat islands. 
(c) BRIEFING.—Not later than September 30, 2024, the Secre-
taries of the military departments shall jointly provide to the 
congressional defense committees a briefing on— 
(1) the findings of each analysis conducted under subsection 
(a); 
(2) the plan developed under subsection (b); and 
(3) such other matters as the Secretaries determine appro-
priate. 
(d) HEAT ISLAND DEFINED.—The term ‘‘heat island’’ means an 
area with a high concentration of structures (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. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE 
FLEET OF DEPARTMENT OF DEFENSE WITH ELECTRIC 
VEHICLES, ADVANCED-BIOFUEL-POWERED VEHICLES, OR 
HYDROGEN-POWERED VEHICLES. 
(a) IN GENERAL.—Until the date on which the Secretary of 
Defense submits to the Committees on Armed Services of the House 
of Representatives and the Senate the report described in subsection 
(b), the Secretary may not enter into an indefinite delivery-indefinite 
quantity delivery order contract to procure and replace the existing
H. R. 7776—126 
non-tactical vehicle fleet of the Department of Defense with electric 
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered 
vehicles. 
(b) ELEMENTS.—The report described in this subsection shall 
include the following: 
(1) A cost estimate for the procurement by the Secretary 
of Defense, or through contract mechanisms used by the Depart-
ment (such as energy savings performance contracts), of electric 
non-tactical vehicles to replace the existing non-tactical vehicle 
fleet of the Department, which shall include— 
(A) an estimated cost per unit and number of units 
to be procured of each type of electric non-tactical vehicle 
(such as trucks, buses, and vans); 
(B) the cost associated with building the required infra-
structure to support electric non-tactical vehicles, including 
charging stations and electric grid requirements; 
(C) a lifecycle cost comparison between electric vehicles 
and combustion engine vehicles of each type (such as an 
electric truck versus a conventional truck); 
(D) maintenance requirements of electric vehicles com-
pared to combustion engine vehicles; and 
(E) for each military department, a cost comparison 
over periods of three, five, and 10 years of pursuing an 
electric non-tactical vehicle fleet versus continuing with 
combustion engine non-tactical vehicles. 
(2) An assessment of the current and projected supply 
chain shortfalls, including critical minerals, for electric vehicles 
and combustion engine vehicles. 
(3) An assessment of the security risks associated with 
data collection conducted with respect to electric vehicles, 
combustion engine vehicles, and the related computer systems 
for each. 
(4) An assessment of the current range requirements for 
electric vehicles compared to combustion engine vehicles and 
the average life of vehicles of the Department necessary to 
maintain current readiness requirements of the Department. 
(5) An identification of components for electric non-tactical 
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered 
vehicles, and combustion engine vehicles that are currently 
being sourced from the People’s Republic of China. 
(6) An assessment of the mid- and long-term costs and 
benefits to the Department of falling behind industry trends 
related to the adoption of alternative fuel vehicles including 
electric vehicles, hydrogen-powered vehicles, and advanced- 
biofuel-powered vehicles. 
(7) An assessment of the long-term availability to the 
Department of internal combustion engines and spare parts 
for such engines, including whether or not such engines and 
spare parts will be manufactured in the United States or repair-
able with parts made in the United States and labor in the 
United States. 
(8) An assessment of the relative risks associated with 
parking and storing electric vehicles, hydrogen-powered 
vehicles, advanced-biofuel-powered vehicles, and combustion 
engine vehicles inside parking structures, including fire risk 
and water damage.
H. R. 7776—127 
(c) ADDITIONAL PROHIBITION.—None of the funds authorized 
to be appropriated by this Act or otherwise made available for 
the Department of Defense may be obligated or expended to procure 
non-tactical vehicles that are electric vehicles, advanced-biofuel- 
powered vehicles, or hydrogen-powered vehicles, or any components 
or spare parts associated with such vehicles, that are not in compli-
ance with subpart 22.15 of the Federal Acquisition Regulation (or 
any successor regulations). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘advanced-biofuel-powered vehicle’’ includes 
a vehicle that uses a fuel described in section 9001(3)(A) of 
the Farm Security and Rural Investment Act of 2202 (7 U.S.C. 
8101(3)(A)). 
(2) The term ‘‘charging station’’ means a parking space 
with electric vehicle supply equipment that supplies electric 
energy for the recharging of electric vehicles with at least 
a level two charger. 
(3) The term ‘‘electric grid requirements’’ means the power 
grid and infrastructure requirements needed to support plug- 
in electric vehicles and vehicle-to-grid requirements. 
(4) The term ‘‘electric non-tactical vehicle’’ means a non- 
tactical vehicle that is an electric vehicle. 
(5) The terms ‘‘electric vehicle’’ includes— 
(A) a plug-in hybrid electric vehicle that uses a com-
bination of electric and gas powered engine that can use 
either gasoline or electricity as a fuel source; and 
(B) a plug-in electric vehicle that runs solely on elec-
tricity and does not contain an internal combustion engine 
or gas tank. 
(6) The term ‘‘hydrogen-powered vehicle’’ means a vehicle 
that uses hydrogen as the main source of motive power, either 
through a fuel cell or internal combustion. 
(7) The term ‘‘non-tactical vehicle’’ means a vehicle other 
than a tactical vehicle. 
(8) The term ‘‘tactical vehicle’’ means a motor vehicle 
designed to military specification, or a commercial design motor 
vehicle modified to military specification, to provide direct 
transportation support of combat or tactical operations, or for 
the training of personnel for such operations. 
Subtitle C—Red Hill Bulk Fuel Storage 
Facility 
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY. 
(a) DEADLINE FOR COMPLETION OF DEFUELING.— 
(1) IN GENERAL.—The Secretary of Defense shall complete 
the defueling of the Red Hill Bulk Fuel Storage Facility in 
a safe and expeditious manner by a deadline that is approved 
by the State of Hawaii Department of Health. 
(2) REPORT.—Not later than 30 days after the date of 
the enactment of this Act, and quarterly thereafter until the 
completion of the defueling of the Red Hill Bulk Fuel Storage 
Facility, the Secretary of Defense shall submit to the congres-
sional defense committees, and make publicly available on an 
appropriate website of the Department of Defense, a report 
on the status of such defueling.
H. R. 7776—128 
(b) PLANNING AND IMPLEMENTATION OF DEFUELING.—The Sec-
retary of Defense shall plan for and implement the defueling of 
the Red Hill Bulk Fuel Storage Facility in consultation with the 
Administrator of the Environmental Protection Agency and the 
State of Hawaii Department of Health. 
(c) NOTIFICATION REQUIREMENT.—The Secretary of Defense may 
not begin the process of defueling the Red Hill Bulk Storage Facility 
until the date on which the Secretary submits to the congressional 
defense committees a notification that such defueling would not 
adversely affect the ability of the Department of Defense to provide 
fuel to support military operations in the area of responsibility 
of the United States Indo-Pacific Command. 
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE 
TANK SYSTEM AT RED HILL BULK FUEL STORAGE 
FACILITY. 
(a) AUTHORIZATION.—The Secretary of Defense may close the 
underground storage tank system at the Red Hill Bulk Fuel Storage 
Facility of the Department of Defense located in Hawaii (in this 
section referred to as the ‘‘Facility’’). 
(b) PLAN FOR FACILITY CLOSURE AND POST-CLOSURE CARE.— 
(1) IN GENERAL.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of the Navy shall 
submit to the Committees on Armed Services of the House 
of Representatives and the Senate a plan for— 
(A) the closure of the Facility, along with a report 
on the cost projections for such closure; 
(B) monitoring of the Facility following closure; 
(C) corrective actions to mitigate fuel releases of 
groundwater at the Facility, including resources necessary 
for the Secretary of the Navy to conduct such actions 
at the Facility; 
(D) coordination and communication with applicable 
Federal and State regulatory authorities, and surrounding 
communities, on release response and remediation activi-
ties conducted by the Secretary of the Navy at the Facility; 
(E) improvements to processes, procedures, organiza-
tion, training, leadership, education, facilities, and policy 
of the Department of Defense related to best practices 
for the remediation and closure of the Facility; and 
(F) measures to ensure that future strategic level 
assets of the Department of Defense are properly main-
tained and critical environmental assets are protected. 
(2) PREPARATION OF PLAN.—The Secretary of the Navy shall 
prepare the plan required under paragraph (1) in consultation 
with the following: 
(A) The Environmental Protection Agency. 
(B) The Hawaii Department of Health. 
(C) The United States Geological Survey. 
(D) Any other relevant Federal or State agencies the 
Secretary considers appropriate. 
(c) IDENTIFICATION OF POINT OF CONTACT AT DEPARTMENT OF 
DEFENSE.—Not later than 60 days after the date of the enactment 
of this Act, to ensure clear and consistent communication relating 
to defueling, closure, and release response, the Secretary of Defense 
shall identify a single point of contact within the Office of the
H. R. 7776—129 
Secretary of Defense to oversee and communicate with the public 
and Members of Congress regarding the status of the Facility. 
(d) WATER MONITORING BRIEFING.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary of the 
Navy shall provide to the Committees on Armed Services of the 
House of Representatives and the Senate a briefing on the status 
of the ground water monitoring program— 
(1) to monitor movement of the fuel plume in the aquifer 
surrounding the Facility; 
(2) to monitor long-term impacts to such aquifer and local 
water bodies resulting from fuel releases from the Facility; 
and 
(3) to coordinate with the Agency for Toxic Substances 
and Disease Registry of the Department of Health and Human 
Services as the Agency conducts a follow up to the previously 
conducted voluntary survey of individuals and entities poten-
tially impacted by fuel releases from the Facility. 
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO 
UNITED STATES INDO-PACIFIC COMMAND. 
(a) LIMITATION.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2023 for 
the Office of the Secretary of Defense for administration and service- 
wide activities, not more than 90 percent may be obligated or 
expended until the Secretary of Defense submits to the congres-
sional defense committees a report that includes the following ele-
ments: 
(1) The bulk fuel requirements of the United States Indo- 
Pacific Command associated with the operational plans of the 
command that involve the most stress on bulk fuel, 
disaggregated by theater component commander, as such term 
is defined in section 1513 of title 10, United States Code, 
implementing the requirement. 
(2) The hardening requirements of the United States Indo- 
Pacific Command associated with the distribution of bulk fuel 
to support the proposed force laydown in the area of responsi-
bility of such command. 
(3) A bulk fuels connector strategy to reposition fuels within 
the area of responsibility of such command, which shall include 
a specific assessment of the following: 
(A) The overall bulk fuel requirements for the force 
structure of the surface fleet tankers of the Navy and 
any specific requirements associated with the proposed 
force laydown specified in paragraph (2). 
(B) The intra-theater connector strategy of the Depart-
ment of Defense to logistically support theater-specific bulk 
fuel requirements. 
(C) The bulk fuel requirements for light amphibious 
warfare ships. 
(4) An identification of the funding mechanisms used, or 
proposed to be used, to meet each of the requirements specified 
in paragraphs (1) through (3), including programmed and 
unfunded requirements, and a description of any additional 
staffing or resources necessary to meet such requirements. 
(5) A risk assessment of the potential risk associated with 
the denial of access to bulk fuel storage facilities located in 
foreign countries, including a specific assessment of clauses
H. R. 7776—130 
in contracts entered into by the Director of the Defense Logistics 
Agency that provide for surety of access to such storage facili-
ties, taking into account the insurance sought with respect 
to such surety and the anticipated penalties for failing to pro-
vide such surety. 
(b) INCLUSION IN SEPARATE REPORTS.—An element listed in 
paragraphs (1) through (5) of subsection (a) shall be deemed to 
be included in the report under subsection (a) if included in a 
separate report submitted to the congressional defense committees 
on or before the date of the submission of the report under such 
subsection. 
(c) FORM.—The report under subsection (a) shall be submitted 
in an unclassified and publicly releasable form, but may contain 
a classified annex. 
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROX-
IMITY TO RED HILL BULK FUEL STORAGE FACILITY. 
(a) IN GENERAL.—Not later than April 1, 2023, the Secretary 
of the Navy, in coordination with the Director of the United States 
Geological Survey and the Administrator of the Environmental 
Protection Agency, shall submit to the congressional defense 
committees a report on the placement of sentinel or monitoring 
wells in proximity to the Red Hill Bulk Fuel Storage Facility for 
the purpose of monitoring and tracking the movement of fuel that 
has escaped 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 any new wells proposed to be estab-
lished; 
(3) an analysis of the need for any other wells; 
(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 assist in moni-
toring 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 the Navy shall provide 
to the congressional defense committees a briefing on the progress 
of the Department of the Navy toward installing the wells described 
in paragraphs (2) and (3) of subsection (a). 
SEC. 335. 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 Sec-
retary of Defense shall conduct a study on how the Department 
of Defense may best address the future water needs of the 
Armed Forces on the island of Oahu. Such study shall include 
consideration of— 
(A) the construction of a new water treatment plant 
or plants; 
(B) the construction of a new well for use by members 
of the Armed Forces and the civilian population;
H. R. 7776—131 
(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 certain Navy utilities to the Honolulu 
Board of Water Supply; and 
(F) any other water solutions the Secretary of Defense 
determines appropriate. 
(2) CONSULTATION.—In carrying out the study under para-
graph (1), the Secretary of Defense shall consult with the 
Administrator of the Environmental Protection Agency, the 
State of Hawaii, the Honolulu Board of Water Supply, and 
any other entity the Secretary of Defense determines appro-
priate. 
(3) REPORT; BRIEFING.—Upon completion of the study under 
paragraph (1), the Secretary of Defense shall— 
(A) submit to the appropriate congressional committees 
a report on the findings of the study; and 
(B) provide to the appropriate congressional commit-
tees a briefing on such findings. 
(b) HYDROLOGICAL STUDIES.— 
(1) GROUNDWATER
FLOW
MODEL
STUDY.—Not later than 
July 31, 2023, the Secretary of the Navy, in consultation with 
the Administrator of the Environmental Protection Agency, the 
Director of the United States Geological Survey, and the State 
of Hawaii, shall commence the conduct of a new study, or 
continue an existing study, to further refine the modeling of 
groundwater flow in the area surrounding the Red Hill Bulk 
Fuel Storage Facility. Such study shall be designed to— 
(A) seek to improve the understanding of the direction 
and rate of groundwater flow and dissolved fuel migration 
within the aquifers in the area surrounding the facility; 
(B) reflect site-specific data, including available data 
of the heterogeneous subsurface geologic system of such 
area; and 
(C) address previously identified deficiencies in existing 
groundwater flow models. 
(2) DEADLINES FOR COMPLETION.— 
(A) GROUNDWATER
FLOW
MODEL
STUDY.—The study 
under paragraph (1) shall be completed by not later than 
one year after the date of the enactment of this Act. 
(B) SUBSEQUENT STUDY.—Not later than one year after 
the date on which the study under paragraph (1) is com-
pleted, the Secretary of the Navy shall complete a subse-
quent study to model contaminant fate and transport in 
the area surrounding the Red Hill Bulk Fuel Storage 
Facility. 
(3) REPORTS; BRIEFINGS.—Upon completion of a study under 
this subsection, the Secretary of the Navy shall— 
(A) submit to the congressional defense committees 
a report on the findings of the study; and 
(B) provide to the congressional defense committees 
a briefing on such findings. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following:
H. R. 7776—132 
(1) The congressional defense committees. 
(2) The Committee on Energy and Commerce of the House 
of Representatives. 
(3) The Committee on Environment and Public Works of 
the Senate. 
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL 
STORAGE FACILITY. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—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 a federally funded 
research and development center that meets the criteria speci-
fied 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 Storage 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 collected from various stakeholders 
and through site visits to physically inspect the facility. 
(2) CRITERIA FOR FFRDC.—The federally funded 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 analysis. 
(B) A record of conducting research and analysis using 
a multidisciplinary approach. 
(C) Demonstrated specific competencies in— 
(i) life cycle cost-benefit analysis; 
(ii) military facilities and how such facilities sup-
port missions; and 
(iii) the measurement of environmental impacts. 
(D) A strong reputation for publishing publicly releas-
able analysis to inform public debate. 
(b) COST-BENEFIT ANALYSIS.—An agreement entered into pursu-
ant to subsection (a) shall specify that the study conducted under 
the agreement will include a cost-benefit analysis of the feasible 
Department of Defense alternative uses considered under the study. 
Such cost-benefit 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 mainte-
nance 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. 
(4) Any potential benefits for the local economy, including 
any potential employment opportunities for members of the 
community. 
(5) A determination of environmental impact analysis 
requirements. 
(6) The effects of the use on future mitigation efforts.
H. R. 7776—133 
(7) Any additional factors determined to be relevant by 
the federally funded research and development center in con-
sultation with the Secretary. 
(c) DEADLINE FOR COMPLETION.—An agreement entered 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 conducted under 
an agreement entered into pursuant to subsection (a), the Secretary 
shall provide to the Committees on Armed Services of the Senate 
and House of Representatives a briefing on the findings of the 
study. 
(e) PUBLIC AVAILABILITY.— 
(1) FFRDC.—An agreement entered into pursuant to sub-
section (a) shall specify that the federally funded research 
and development center shall make an unclassified version 
of the report provided 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 unclassified version of the report 
publicly available on an appropriate website of the Department 
of Defense. 
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO 
TRACK HEALTH IMPLICATIONS OF FUEL LEAKS AT RED 
HILL BULK FUEL STORAGE FACILITY. 
(a) BRIEFING.—Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation 
with the Secretary of Health and Human Services, shall provide 
to the congressional defense committees a briefing on the efforts 
of the Secretary of Defense to appropriately track the health 
implications of fuel leaks at the Red Hill Bulk Fuel Storage Facility 
for members of the Armed Forces and dependents thereof, including 
members of each Armed Force and dependents thereof. The briefing 
shall include each of the following: 
(1) A plan to coordinate with the Director of the Centers 
for Disease Control and Prevention to align such efforts with 
the public health assessment and monitoring efforts of the 
Director. 
(2) A description of any potential benefits of coordinating 
and sharing data with the State of Hawaii 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 at the Red 
Hill Bulk Fuel Storage Facility. 
(4) A description of the potential health implications of 
contaminants, including fuel, detected in the drinking water 
distribution system at the Red Hill Bulk Fuel Storage Facility 
during testing after the fuel leaks at such facility that occurred 
in May and November 2021, respectively. 
(5) A description of any contaminants, including fuel, 
detected in the water supply at the Red Hill Bulk Fuel Storage 
Facility during the 12-month period preceding the fuel leak 
at such facility that occurred in November 2021.
H. R. 7776—134 
(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 Storage Facility prior to May 2021. 
(b) ARMED FORCES DEFINED.—In this section, the term ‘‘Armed 
Forces’’ has the meaning given that term in section 101 of title 
10, United States Code. 
Subtitle D—Treatment of Perfluoroalkyl 
Substances 
and 
Polyfluoroalkyl 
Sub-
stances 
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO 
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES. 
(a) PUBLICATION OF INFORMATION.— 
(1) IN GENERAL.—Beginning not later than 180 days after 
the date of the enactment of this Act, Secretary of Defense 
shall publish on the publicly available website established 
under section 331(b) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701 
note) timely and regularly updated information on the research 
efforts of the Department of Defense relating to perfluoroalkyl 
substances or polyfluoroalkyl substances, which shall include 
the following: 
(A) A description of any research collaboration or data 
sharing by the Department with the Department of Vet-
erans Affairs, the Agency for Toxic Substances and Disease 
Registry, or any other agency (as defined in section 551 
of title 5, United States Code), State, academic institution, 
nongovernmental organization, or other entity. 
(B) Regularly updated information on research projects 
supported or conducted by the Department of Defense per-
taining to the development, testing, and evaluation of a 
fluorine-free firefighting foam or any other alternative to 
aqueous film forming foam that contains perfluoroalkyl 
substances or polyfluoroalkyl substances, excluding any 
proprietary information that is business confidential. 
(C) Regularly updated information on research projects 
supported or conducted by the Department pertaining to 
the 
health 
effects 
of 
perfluoroalkyl 
substances 
or 
polyfluoroalkyl substances, including information relating 
to the impact of such substances on firefighters, veterans, 
and military families, and excluding any personally identifi-
able information. 
(D) Regularly updated information on research projects 
supported or conducted by the Department pertaining to 
treatment options for drinking water, surface water, ground 
water, and the safe disposal of perfluoroalkyl substances 
or polyfluoroalkyl substances. 
(E) Budget information, including specific spending 
information 
for 
the 
research 
projects 
relating 
to 
perfluoroalkyl substances or polyfluoroalkyl substances 
that are supported or conducted by the Department.
H. R. 7776—135 
(F) Such other matters as may be relevant to ongoing 
research projects supported or conducted by the Depart-
ment to address the use of perfluoroalkyl substances or 
polyfluoroalkyl substances and the health effects of the 
use of such substances. 
(2) FORMAT.—The information published under paragraph 
(1) shall be made available in a downloadable, machine-read-
able, open, and user-friendly format. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘military installation’’ includes active, 
inactive, and former military installations. 
(B) The term ‘‘perfluoroalkyl substance’’ means a man- 
made chemical of which all of the carbon atoms are fully 
fluorinated carbon atoms. 
(C) The term ‘‘polyfluoroalkyl substance’’ means a man- 
made chemical containing a mix of fully fluorinated carbon 
atoms, 
partially 
fluorinated 
carbon 
atoms, 
and 
nonfluorinated carbon atoms. 
(b) INCLUSION OF RESEARCH DUTIES IN PERFLUOROALKYL SUB-
STANCES AND POLYFLUOROALKYL SUBSTANCES TASK FORCE.—Section 
2714(e) of title 10, United States Code, is amended by adding 
at the end the following new paragraphs: 
‘‘(5) Supporting research efforts relating to perfluoroalkyl 
substances or polyfluoroalkyl substances. 
‘‘(6) Establishing practices to ensure the timely and com-
plete dissemination of research findings and related data 
relating to perfluoroalkyl substances or polyfluoroalkyl sub-
stances to the general public.’’. 
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF 
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF 
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINA-
TION IN DRINKING WATER BY AGENCY FOR TOXIC SUB-
STANCES AND DISEASE REGISTRY. 
Section 316(a)(2)(B) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as 
amended by section 315(a) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 
Stat. 1713), section 321 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), section 
337 of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 
Stat. 3533), and section 342 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643), 
is further amended— 
(1) in clause (ii), by striking ‘‘2023’’ and inserting ‘‘2022’’; 
and 
(2) by adding at the end the following new clause: 
‘‘(iii) Without regard to section 2215 of title 10, United 
States Code, the Secretary of Defense may transfer not 
more than $20,000,000 during fiscal year 2023 to the Sec-
retary of Health and Human Services to pay for the study 
and assessment required by this section.’’.
H. R. 7776—136 
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING 
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-containing’’ 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 sub-
stance or polyfluoroalkyl substance.’’; and 
(2) by amending subsection (f) to read as follows: 
‘‘(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 firefighting 
equipment’’ means the following: 
‘‘(A) Turnout gear jacket or coat. 
‘‘(B) Turnout gear pants. 
‘‘(C) Turnout coveralls. 
‘‘(D) Any other personal protective firefighting equip-
ment, as determined by the Secretary of Defense, in con-
sultation with the Administrator of the United States Fire 
Administration.’’. 
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS 
OF 
TESTING 
FOR 
PERFLUOROALKYL 
OR 
POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY. 
Section 345(a)(2) of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note) 
is amended by inserting ‘‘personally identifiable information in 
connection with’’ after ‘‘publicly disclose’’. 
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY 
DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIRE-
FIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES 
OR POLYFLUOROALKYL SUBSTANCES. 
(a) PROHIBITION ON PROCUREMENT AND PURCHASING.—Subject 
to subsection (d), beginning on October 1, 2026, the Secretary of 
Defense may not enter into a contract to procure or purchase 
covered personal protective firefighting equipment for use by Fed-
eral or civilian firefighters if such equipment contains an inten-
tionally added perfluoroalkyl substance or polyfluoroalkyl sub-
stance. 
(b) IMPLEMENTATION.— 
(1) INCLUSION IN CONTRACTS.—The Secretary of Defense 
shall include the prohibition under subsection (a) in any con-
tract entered into by the Department of Defense to procure 
covered personal protective firefighting equipment for use by 
Federal or civilian firefighters.
H. R. 7776—137 
(2) NO OBLIGATION TO TEST.—In carrying out the prohibi-
tion under subsection (a), the Secretary shall not have an 
obligation to test covered personal protective firefighting equip-
ment to confirm the absence of perfluoroalkyl substances or 
polyfluoroalkyl substances. 
(c) EXISTING INVENTORY.—Nothing in this section shall impact 
existing inventories of covered personal protective firefighting equip-
ment. 
(d) AVAILABILITY OF ALTERNATIVES.— 
(1) IN
GENERAL.—The requirement under subsection (a) 
shall be subject to the availability of sufficiently protective 
covered personal protective firefighting equipment that does 
not contain intentionally added perfluoroalkyl substances or 
polyfluoroalkyl substances. 
(2) EXTENSION OF EFFECTIVE DATE.—If the Secretary of 
Defense determines that no sufficiently protective covered per-
sonal protective firefighting equipment that does not contain 
intentionally added perfluoroalkyl substances or polyfluoroalkyl 
substances is available, the deadline under subsection (a) shall 
be extended until the Secretary determines that such covered 
personal protective firefighting equipment is available. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered personal protective firefighting equip-
ment’’ means— 
(A) any product that provides protection to the upper 
and lower torso, arms, legs, head, hands, and feet; or 
(B) any other personal protective firefighting equip-
ment, as determined by the Secretary of Defense. 
(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 non-fully fluorinated carbon atom. 
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN 
MILITARY INSTALLATIONS FROM SOURCES OTHER THAN 
AQUEOUS FILM-FORMING FOAM. 
Not later than one year after the date of the enactment of 
this Act, and annually thereafter for the following four years, the 
Under Secretary of Defense for Acquisition and Sustainment shall 
submit to the congressional defense committees a report on any 
known or suspected contamination on or around military installa-
tions located in the United States resulting from the release of 
any perfluoroalkyl substance or polyfluoroalkyl substance origi-
nating from a source other than aqueous film-forming foam. 
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPART-
MENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS 
CONTAINING PFOS OR PFOA. 
(a) IDENTIFICATION OF CRITICAL USES.—Not later than June 
1, 2023, the Secretary of Defense, in consultation with the Defense 
Critical Supply Chain Task Force and the Chemical and Material 
Risk Management Program of the Department of Defense, shall 
submit to the Committees on Armed Services of the House of 
Representatives and the Senate a report outlining the uses of 
perfluoroalkyl substances and polyfluoroalkyl substances that are
H. R. 7776—138 
critical to the national security of the United States, with a focus 
on such critical uses in— 
(1) the sectors outlined in the February 2022 report of 
the Department of Defense titled ‘‘Securing Defense-Critical 
Supply Chains’’; and 
(2) sectors of strategic importance for domestic production 
and investment to build supply chain resilience, including 
kinetic capabilities, energy storage and batteries, and microelec-
tronics and semiconductors. 
(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 Representatives and the Senate a briefing 
that includes a description of each of the following: 
(1) Steps taken to identify covered items procured by the 
Department of Defense that contain perfluorooctane sulfonate 
(PFOS) or perfluorooctanoic acid (PFOA). 
(2) Steps taken to identify products and vendors 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 procure-
ment of covered items that contain PFOS or PFOA. 
(c) COVERED ITEM DEFINED.—In this section, the term ‘‘covered 
item’’ means— 
(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 MATERIEL READI-
NESS METRICS AND OBJECTIVES FOR MAJOR DEFENSE 
ACQUISITION PROGRAMS. 
(a) IN GENERAL.—Section 118 of title 10, United States Code, 
is amended: 
(1) in subsection (d)(2), by striking ‘‘objectives’’ and 
inserting ‘‘objectives, such as infrastructure, workforce, or 
supply chain considerations’’; 
(2) redesignating subsection (e) as subsection (f); and 
(3) inserting after subsection (d) the following new sub-
section (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 Assessment and Performance Evaluation 
shall submit to the congressional defense committees a comprehen-
sive estimate of the funds necessary to meet the materiel readiness 
objectives required by subsection (c) through the period covered 
by the most recent future-years defense program. At a minimum, 
the Director shall provide, for each major weapon system, by des-
ignated mission design series, variant, or class, a comprehensive 
estimate of the funds necessary to meet such objectives that—
H. R. 7776—139 
‘‘(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 obligated 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 sub-
section (e) of section 118 of title 10, United States Code, as added 
by subsection (a), through a phased submission of the funding 
estimates required under such subsection. In conducting a phased 
implementation, the Director shall ensure that— 
(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 MODERNIZATION 
OF NAVAL VESSELS. 
(a) ANNUAL PLAN.—Section 231 of title 10, United States Code, 
is amended— 
(1) in the heading, by inserting ‘‘, maintenance, and 
modernization’’ after ‘‘construction’’; 
(2) by redesignating subsections (d) through (f) as sub-
sections (e) through (g), respectively; 
(3) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF 
NAVAL VESSELS.—In addition to the plan 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 modernization of naval 
vessels that includes the following: 
‘‘(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 modernization of naval vessels 
(including with respect to increasing workforce and indus-
trial base capability and capacity, shipyard level-loading, 
and facility improvements) receive sufficient resourcing, 
and are including in appropriate planning, to facilitate 
the requirements specified in subparagraph (A).
H. R. 7776—140 
‘‘(2) A certification by the Secretary that both the budget 
for that fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section 
221 of this title provide for funding for the maintenance and 
modernization 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 paragraph (2), 
by inserting ‘‘ and the plan and certification under subsection 
(d)’’ after ‘‘subsection (a)’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 vessels: 
annual plan and certification.’’. 
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL 
ESTIMATES IN READINESS REPORTS. 
Section 482(b) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (11) as paragraph (12); 
and 
(2) by inserting after paragraph (10) the following new 
paragraph: 
‘‘(11) A summary of the joint medical estimate under section 
732(b)(1) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817) 
prepared by the Joint Staff Surgeon, with a mitigation plan 
to correct any readiness problem or deficiency and the timeline, 
cost, and any legislative action required to correct any such 
problem or deficiency.’’. 
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITA-
TION FOR RELIEF EFFORTS FOLLOWING MAJOR DISAS-
TERS OR EMERGENCIES. 
Section 2208(l)(3) of title 10, United States Code, is amended— 
(1) by striking ‘‘The total’’ and inserting ‘‘(A) Except as 
provided in subparagraph (B), the total’’; and 
(2) by adding at the end the following new subparagraph: 
‘‘(B) The dollar limitation under subparagraph (A) shall not 
apply with respect to advance billing for relief efforts following 
a declaration of a major disaster or emergency under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5121 et seq.).’’. 
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME 
LIMITATIONS ON DURATION OF PUBLIC-PRIVATE COM-
PETITIONS. 
Section 322(c) of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2252) is repealed. 
SEC. 356. IMPLEMENTATION OF COMPTROLLER GENERAL REC-
OMMENDATIONS 
REGARDING 
SHIPYARD 
INFRASTRUC-
TURE OPTIMIZATION PLAN OF THE NAVY. 
(a) IN GENERAL.—Not later than March 1, 2023, the Secretary 
of the Navy shall— 
(1) develop metrics for assessing progress of the Secretary 
toward improved shipyard capacity and performance in carrying
H. R. 7776—141 
out the Shipyard Infrastructure Optimization Plan of the Navy, 
including by measuring the effectiveness of capital investments; 
(2) ensure that the shipyard optimization program office 
of the Navy— 
(A) includes all costs, such as inflation, program office 
activities, utilities, roads, environmental remediation, his-
toric preservation, and alternative workspace when devel-
oping a detailed cost estimate; and 
(B) uses cost estimating best practices in developing 
a detailed cost estimate, including— 
(i) a program baseline; 
(ii) a work breakdown structure; 
(iii) a description of the methodology and key 
assumptions; 
(iv) a consideration of inflation; 
(v) a full assessment of risk and uncertainty; and 
(vi) a sensitivity analysis; and 
(3) obtain independent cost estimates for projects under 
the shipyard optimization program that are estimated to exceed 
$250,000,000, to validate the cost estimates of the Navy devel-
oped for such projects pursuant to paragraph (2) and inform 
the prioritization of projects under such program. 
(b) BRIEFING.—If the Secretary of the Navy is unable to imple-
ment the requirements under subsection (a) by March 1, 2023, 
the Secretary shall brief the Committees on Armed Services of 
the Senate and the House of Representatives before such date 
on— 
(1) the current progress of the Secretary toward imple-
menting those requirements; 
(2) any hindrance to implementing those requirements; 
and 
(3) any additional resources necessary to implement those 
requirements. 
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY 
INFORMATION SUPPORT OPERATIONS. 
Of the funds authorized to be appropriated by this Act or 
otherwise made available for Operation and Maintenance, Defense- 
Wide, for military information support operations, not more than 
75 percent may be obligated or expended until the Secretary of 
Defense submits to the congressional defense committees a plan 
for— 
(1) appropriately scoping and tailoring messaging activities 
to foreign target audiences; 
(2) ensuring messages serve a valid military purpose; 
(3) effectively managing risk associated with web-based 
military information support operations; 
(4) maintaining alignment with policies and procedures 
of the Department of Defense; 
(5) adequately overseeing and approving the work of con-
tractors; 
(6) ensuring alignment with policy guidance and procedures 
of the Department; and 
(7) coordinating activities with the Global Engagement 
Center of the Department of State and other relevant non- 
Department of Defense entities.
H. R. 7776—142 
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING 
RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS. 
(a) NOTIFICATION.—The Secretary of the Navy may not modify 
the general policy of the Department of the Navy regarding reten-
tion rates for contracts for Navy ship repair until a period of 
15 days has elapsed following the date on which the Assistant 
Secretary of the Navy for Research, Development, and Acquisition 
submits to the congressional defense committees a notification that 
includes, with respect to such modification, the following informa-
tion: 
(1) An identification of any considerations that informed 
the decision to so modify. 
(2) A description of the desired effect of the modification 
on the Navy ship repair industrial base. 
(b) TERMINATION.—This section, and the requirements thereof, 
shall terminate on September 30, 2025. 
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIP-
YARDS IN UNITED STATES AND EFFECT OF THOSE SHIP-
YARDS ON NAVAL FLEET READINESS. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of the Navy shall seek 
to enter into an agreement with a nonprofit entity or a federally 
funded research and development center to conduct research and 
analysis regarding the capacity and capability of private shipyards 
in the United States to repair, maintain, and modernize surface 
combatants and support ships of the Navy to ensure fleet readiness. 
(b) ELEMENTS.—The research and analysis conducted under 
subsection (a) shall include the following: 
(1) An assessment of the maintenance needs of the Navy 
during the five-year period preceding the date of the enactment 
of this Act, including the frequency of unplanned maintenance 
and the average time it takes to repair ships. 
(2) An assessment of the projected maintenance needs of 
the Navy during the 10-year period following such date of 
enactment. 
(3) An assessment of whether current private shipyards 
in the United States have the capacity to meet current and 
anticipated needs of the Navy to maintain and repair ships, 
including whether there are adequate ship repair facilities and 
a sufficiently trained workforce. 
(4) An identification of barriers limiting the success of 
intermediate-level and depot-level maintenance availabilities, 
including constraints of adding private depot capacity and capa-
bility. 
(5) Recommendations based on the findings of paragraphs 
(1) through (4) regarding actions the Secretary of the Navy 
can take to ensure there is an industrial base of private ship 
repair facilities to meet the needs of the Navy and ensure 
fleet readiness, including whether the Secretary should 
institute a new force generation model, establish additional 
homeport facilities, or establish new hub-type maintenance 
facilities. 
(c) INPUT FROM PRIVATE SHIPYARDS.—In conducting research 
and analysis under subsection (a), the nonprofit entity or federally 
funded research and development center with which the Secretary
H. R. 7776—143 
of the Navy enters into an agreement under subsection (a) shall 
consult with private shipyards regarding— 
(1) the fleet maintenance needs of surface combatant and 
support ships of the Navy; 
(2) private shipyard capacity, including workforce; and 
(3) additional investment in private shipyards necessary 
to meet the needs of the Navy. 
(d) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of this Act, the nonprofit entity or federally 
funded research and development center with which the Sec-
retary of the Navy enters into an agreement under subsection 
(a) shall submit to the Secretary a report on the results of 
the research and analysis undertaken under such subsection. 
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after 
the Secretary receives the report under paragraph (1), the 
Secretary shall submit to the congressional defense committees 
a copy of the report. 
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION 
LOGISTICS ACROSS UNITED STATES INDO-PACIFIC COM-
MAND. 
(a) STUDY.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of Defense shall seek to enter 
into a contract with a federally funded research and development 
center that meets the criteria under subsection (b) 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 criteria under this subsection 
are the following: 
(1) A primary focus on the conduct of studies and analysis. 
(2) A demonstrated record of conducting research and anal-
ysis using a multidisciplinary approach. 
(3) A strong reputation for publishing publicly releasable 
analysis to inform public debate. 
(c) IDA STRATEGIC FUEL ASSESSMENT.—In conducting the study 
pursuant to a contract under subsection (a), the federally funded 
research and development center shall use the results of the July 
1, 2020, report of the Institute for Defense Analyses titled 
‘‘INDOPACOM Strategic Fuel Assessment’’ as a baseline to inform 
its analysis of fuel distribution logistics in the area of responsibility 
of the United States Indo-Pacific Command. 
(d) ELEMENTS.—A contract under subsection (a) shall provide 
that a study conducted under the contract shall include, with respect 
to the area of responsibility of the United States Indo-Pacific Com-
mand, the following: 
(1) An evaluation of the vulnerabilities associated with 
the production, refinement, and distribution of fuel by the 
Armed Forces during periods of conflict and in contested logis-
tics environments within 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 capabilities to 
disrupt such fuel distribution in the area through a variety 
of means, including financial means, cyber means, and conven-
tional kinetic attacks.
H. R. 7776—144 
(3) An assessment of any gaps in the capability or capacity 
of inter- or intra-theater fuel distribution, 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 respect to operational suit-
ability 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 dis-
tribution of fuel by the Armed Forces in the area, including 
a review of any relevant security cooperation agreements 
entered into between the United States and such allies and 
partners. 
(6) An assessment of potential actions to mitigate any 
vulnerabilities identified pursuant to the study. 
(e) REPORT.— 
(1) SUBMISSION TO SECRETARY OF DEFENSE.— 
(A) IN GENERAL.—A contract under subsection (a) shall 
provide that a study conducted under the contract shall 
require that the federally funded research and development 
center submit to the Secretary a report containing the 
findings of such study. 
(B) FORM.—The report under subparagraph (A) shall 
be submitted in an unclassified and publicly releasable 
form, but may include a classified annex. 
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after 
the date on which the Secretary receives the report under 
paragraph (1)(A), the Secretary shall submit to the appropriate 
congressional committees a copy of such report, submitted with-
out change. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ 
means— 
(A) the congressional defense committees; 
(B) the Committee on Transportation and Infrastruc-
ture of the House of Representatives; and 
(C) the Committee on Commerce, Science, and 
Transportation of the Senate. 
(2) The term ‘‘contested logistics environment’’ has the 
meaning given such term in section 2926 of title 10, United 
States Code. 
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISH-
MENT OF FUEL DISTRIBUTION POINTS IN UNITED STATES 
INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY. 
(a) QUARTERLY BRIEFINGS.—On a quarterly basis until the date 
that is two years after the date of the enactment of this Act, 
the Commander of United States Indo-Pacific Command shall pro-
vide to the congressional defense committees briefings on the use 
of the funds described in subsection (c). 
(b) CONTENTS OF BRIEFINGS.—Each briefing 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
H. R. 7776—145 
available for fiscal year 2023 for Military Construction, Defense- 
wide for Planning and Design for United States Indo-Pacific Com-
mand. 
Subtitle F—Matters Relating to Depots and 
Ammunition Production Facilities 
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION 
FACILITY MAINTENANCE AND REPAIR: ANNUAL REPORT. 
Chapter 9 of title 10, United States Code, is amended by 
adding at the end the following new section (and conforming the 
table of sections at the beginning of such chapter accordingly): 
‘‘§ 239d. Budgeting for depot and ammunition production 
facility maintenance and repair: annual report 
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in coordina-
tion with the Secretaries of the military departments, 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 subsection (a) 
shall include, at a minimum, the following (disaggregated by mili-
tary department): 
‘‘(1) With respect to each of the three fiscal years preceding 
the fiscal year covered by the defense budget materials with 
which the report is included, 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 budgeted 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 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 environment, 
equipment, equipment (non-capital investment program), 
or processes. 
‘‘(C) The total amount required to be invested by the 
Secretary of the military department 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 subparagraph (C). 
‘‘(E) For each covered depot of the military department, 
of the total required amount identified under subparagraph 
(C), the percentage 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: 
‘‘(A) Information on the average facility condition, aver-
age critical facility condition, restoration and maintenance