1499 
(3) the rapid growth of the commercial launch 
industry places a growing demand on Department of 
Defense resources at Federal space launch ranges, 
and that this demand growth will continue for the 
foreseeable future; 
(4) the 1960s-era infrastructure of the two De-
partment of Defense launch ranges primarily respon-
sible for meeting its assured access to space mission 
under section 2273 of title 10, United States Code, 
and complying with section 2276 of such title, is 
under increasing strain, and needs to be replaced 
with a modern, state of the art launch infrastructure 
that encourages and enables continued growth and 
leadership in space access; 
(5) maintenance of common use critical infra-
structure like roads, culverts, bridges, deluge and 
water treatment facilities, supply lines, and electrical 
networks, among others, require immediate atten-
tion; 
(6) investments in infrastructure have not kept 
pace with commercial demand primarily due to exist-
ing authorities which limit reimbursement, flexible 
financial investment facilities, and reinvestment of 
revenue in spaceport sustainment, modernization, 
and growth;
1500 
(7) the burgeoning commercial space industry 
requires 
a 
more 
holistic, 
responsive 
process 
leveraging public and private investment; 
(8) the Department of Defense is constrained to 
provide services to commercial users only when not 
needed for public use, yet at the same time must 
promote commercial space launch capabilities as a 
critical enabler to national security; 
(9) the United States Space Force has made 
great use of existing authorities and those provided 
by other non-Federal entities to leverage other 
sources of commercial and State investment to keep 
pace with demand; 
(10) a similar State business development enti-
ty would be useful for supporting commercial space 
launch capability development in California at Van-
denberg Space Force Base and other spaceports, 
and Congress looks forward to assisting the Depart-
ment of Defense in improving its ability to plan and 
support commercial innovation while continuing to 
provide world class launch and test facilities; and 
(11) the Secretary and the Department should 
engage with all stakeholders, including NASA, other 
relevant Federal agencies, and the associated con-
gressional authorizing committees of jurisdiction, in
1501 
any reporting, negotiation, policy, and potential leg-
islative proposals on this matter. 
SEC. 1609. REPORT ON HYPERSPECTRAL SATELLITE TECH-
NOLOGY. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on how 
hyperspectral satellite technology being developed and 
tested by domestic commercial satellite companies may be 
incorporated in the Department of Defense’s existing and 
future greenhouse gas reduction efforts. 
SEC. 1610. REPORT ON SPACE DEBRIS. 
(a) IN GENERAL.—Not later than 240 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report on the risks posed by man-made space debris in 
low-earth orbit, including— 
(1) recommendations with respect to the reme-
diation of such risks; and 
(2) outlines of plans to reduce the incident of 
such space debris. 
(b) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means—
1502 
(1) the Committee on Armed Services and the 
Committee on Science, Space, and Technology of the 
House of Representatives; and 
(2) the Committee on Armed Services and Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
SEC. 1611. PLAN ON PILOT PROGRAM FOR DEPLOYMENT OF 
DEDICATED X-BAND SMALL SATELLITE COM-
MUNICATIONS. 
(a) PLANS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Assist-
ant Secretary of Defense for Special Operations and 
Low-Intensity Conflict and the Assistant Secretary 
of the Air Force for Space Acquisition and Integra-
tion, shall jointly submit to the congressional defense 
committees a plan for a pilot program for the de-
ployment of dedicated X-band small satellite commu-
nications technologies that may support current and 
future requirements of special operations forces. 
(2) PLAN
ELEMENTS.—The plan submitted 
under paragraph (1) shall include the following: 
(A) A description of authorities that would 
be used to execute the proposed pilot program.
1503 
(B) A timeline for the implementation and 
duration of the proposed pilot program. 
(C) An identification of the dedicated X- 
band small satellite communication technologies 
required to implement the proposed pilot pro-
gram. 
(D) The costs, per fiscal year, for the de-
velopment, deployment, and operations of the 
proposed pilot program. 
(E) A comprehensive description and as-
sessment of the proposed pilot program. 
(F) Such recommendations for legislative 
or administrative action the Assistant Secre-
taries jointly determine appropriate, including 
the feasibility of— 
(i) extending the term of the proposed 
pilot program; or 
(ii) expanding the proposed pilot pro-
gram to other activities of the Department 
of Defense beyond special operations 
forces. 
(b) SPECIAL OPERATIONS FORCES DEFINED.—The 
term ‘‘special operations forces’’ means forces described 
under section 167(j) of title 10, United States Code.
1504 
SEC. 
1612. 
REPORT 
ON 
STRATOSPHERIC 
BALLOONS, 
AEROSTATS, OR SATELLITE TECHNOLOGY CA-
PABLE OF RAPIDLY DELIVERING WIRELESS 
INTERNET. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the Air Force and the 
Secretary of State, in consultation with the Chief of Space 
Operations, shall provide a report to the Senate Foreign 
Relations Committee, House Foreign Affairs Committee, 
Senate Armed Services Committee and House Armed 
Services Committee that identifies opportunities to deploy 
stratospheric balloons, aerostats, or satellite technology 
capable of rapidly delivering wireless internet anywhere on 
the planet from the stratosphere or higher. The report 
shall identify commercial as well as options developed by 
the Department of Defense. Additionally, the report shall 
provide an assessment of the military utility of such oppor-
tunities. 
Subtitle B—Defense Intelligence 
and Intelligence-Related Activities 
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE 
ACTIVITIES THAT SUPPORT OPERATIONAL 
PREPARATION OF THE ENVIRONMENT. 
Section 127f of title 10, United States Code, is 
amended—
1505 
(1) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsection: 
‘‘(e) QUARTERLY BRIEFING.—On a quarterly basis, 
the Under Secretary of Defense for Intelligence and Secu-
rity, in coordination with the Assistant Secretary of De-
fense for Special Operations and Low Intensity Conflict, 
shall provide to the congressional defense committees a 
briefing outlining the clandestine activities carried out 
pursuant to subsection (a) during the period covered by 
the briefing, including— 
‘‘(1) an update on such activities carried out in 
each geographic combatant command and a descrip-
tion of how such activities support the respective 
theater campaign plan; 
‘‘(2) an overview of the authorities and legal 
issues, including limitations, relating to such activi-
ties; and 
‘‘(3) any other matters the Under Secretary 
considers appropriate.’’.
1506 
SEC. 1622. EXECUTIVE AGENT FOR EXPLOSIVE ORDNANCE 
INTELLIGENCE. 
(a) IN GENERAL.—Subchapter I of chapter 21 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 430c. Executive agent for explosive ordnance intel-
ligence 
‘‘(a) DESIGNATION.—The Secretary of Defense shall 
designate the Director of the Defense Intelligence Agency 
as the executive agent for explosive ordnance intelligence. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘explosive ordnance intelligence’ 
means technical intelligence relating to explosive 
ordnance (as defined in section 283(d) of this title), 
including with respect to the processing, production, 
dissemination, integration, exploitation, evaluation, 
feedback, and analysis of explosive ordnance using 
the skills, techniques, principles, and knowledge of 
explosive ordnance disposal personnel regarding 
fuzing, firing systems, ordnance disassembly, and 
development of render safe techniques, procedures 
and tools, publications, and applied technologies. 
‘‘(2) The term ‘executive agent’ has the mean-
ing given the term ‘DoD Executive Agent’ in Direc-
tive 5101.1.’’.
1507 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 430b the following new 
item: 
‘‘430c. Executive agent for explosive ordnance intelligence.’’. 
(c) DATE OF DESIGNATION.—The Secretary of De-
fense shall make the designation under section 430c of 
title 10, United States Code, as added by subsection (a), 
by not later than 30 days after the date of the enactment 
of this Act. 
SEC. 1623. INFORMATION ON COVER AND COVER SUPPORT 
ACTIVITIES. 
(a) INFORMATION.—Not less frequently than quar-
terly, the Secretary of Defense shall provide to the appro-
priate congressional committees information on the cover 
and cover support activities of the Department of Defense, 
including commercial activities conducted pursuant to sec-
tion 431 of title 10, United States Code. 
(b) ELEMENTS.—The Secretary shall ensure that the 
information provided under subsection (a) includes, with 
respect to the period covered by the information, the fol-
lowing: 
(1) A detailed description of each activity, oper-
ation, or other initiative for which an element of the 
Department of Defense has provided cover or en-
gaged in cover support activities, including—
1508 
(A) a description of the specific cover and 
cover support activities; and 
(B) whether such cover and cover support 
activities began before or during such period. 
(2) Any other matters the Secretary determines 
appropriate. 
(c) FORM.—The information under subsection (a) 
may be provided in classified form. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the congressional defense committees; and 
(2) the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate. 
SEC. 1624. FUNDING FOR RESEARCH AND DEVELOPMENT 
OF ADVANCED NAVAL NUCLEAR FUEL SYS-
TEM BASED ON LOW-ENRICHED URANIUM. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated by this title for the National 
Nuclear Security Administration, as specified in the cor-
responding funding table in section 4701, for Defense Nu-
clear Nonproliferation, Defense Nuclear Nonproliferation 
R&D is hereby increased by $20,000,000 for the purpose
1509 
of LEU Research and Development for Naval Pressurized 
Water Reactors. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated by this title for the National Nuclear 
Security Administration, as specified in the corresponding 
funding table in section 4701, for Defense Nuclear Non-
proliferation is hereby reduced— 
(1) by $10,000,000 for the amount for nuclear 
smuggling detection and deterrence; and 
(2) by $10,000,000 for the amount for nuclear 
detonation detection. 
Subtitle C—Nuclear Forces 
SEC. 1631. IMPROVEMENTS TO NUCLEAR WEAPONS COUN-
CIL. 
(a) MEETINGS.—Subsection (b) of section 179 of title 
10, United States Code, is amended— 
(1) in paragraph (1), by inserting ‘‘and (4)’’ 
after ‘‘paragraph (2)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) At least once annually, the Council shall 
hold a meeting that includes the Deputy Secretary 
of Defense, who may serve as chair for that meet-
ing.’’.
1510 
(b) RESPONSIBILITIES.—Subsection (d) of such sec-
tion is amended— 
(1) by redesignating paragraphs (10), (11), and 
(12) as paragraphs (11), (12), and (13), respec-
tively; 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph (10): 
‘‘(10) With respect to nuclear warheads— 
‘‘(A) reviewing military requirements, per-
formance requirements, and planned delivery 
schedules to evaluate whether such require-
ments and schedules create significant risks to 
cost, schedules, or other matters regarding pro-
duction, surveillance, research, and other pro-
grams relating to nuclear weapons within the 
National Nuclear Security Administration; and 
‘‘(B) if any such risk exists, proposing and 
analyzing adjustments to such requirements 
and schedules.’’; and 
(3) by striking paragraph (13), as so redesig-
nated, and inserting the following new paragraph 
(13): 
‘‘(13) Coordinating risk management efforts be-
tween the Department of Defense and the National 
Nuclear Security Administration relating to the nu-
1511 
clear weapons stockpile, the nuclear security enter-
prise (as defined in section 4002 of the Atomic En-
ergy Defense Act (50 U.S.C. 2501)), and the deliv-
ery platforms for nuclear weapons, including with re-
spect to identifying and analyzing risks and pro-
posing actions to mitigate risks.’’. 
(c) REPORTS RELATING TO SAFETY.—Subsection (e) 
of such section is amended by striking ‘‘conducted by the 
Council’’ and inserting ‘‘for which the Council has received 
a briefing’’. 
(d) PLANS AND BUDGET.—Subsection (f) of such 
section is amended to read as follows: 
‘‘(f) REVIEW
AND ASSESSMENT
OF PLANS
AND 
BUDGET
TO SUPPORT NUCLEAR WEAPONS REQUIRE-
MENTS.—(1) The Council shall annually review the plans 
and budget of the National Nuclear Security Administra-
tion and assess whether such plans and budget meet the 
current and projected requirements relating to nuclear 
weapons. 
‘‘(2) Not later than 30 days after the President sub-
mits to Congress the budget for a fiscal year under section 
1105(a) of title 31, the Council shall submit to the con-
gressional defense committees a report containing the fol-
lowing:
1512 
‘‘(A) The assessment conducted under para-
graph (1) with respect to that budget. 
‘‘(B) An assessment of— 
‘‘(i) whether the funding requested for the 
National Nuclear Security Administration in 
such budget— 
‘‘(I) enables the Administrator for 
Nuclear Security to meet requirements re-
lating to nuclear weapons for such fiscal 
year; and 
‘‘(II) is adequate (as determined pur-
suant to section 4717 of the Atomic En-
ergy Defense Act (50 U.S.C. 2757) to im-
plement the objectives of the Department 
of Defense with respect to nuclear weapons 
for that fiscal year; and 
‘‘(ii) whether the plans and budget re-
viewed under paragraph (1) will enable the Ad-
ministrator to meet the requirements to 
produce war reserve plutonium pits under sec-
tion 4219(a) of such Act (50 U.S.C. 2538a(a)). 
‘‘(C) If the assessment under subparagraph 
(B)(ii) determines that the plans and budget re-
viewed under paragraph (1) will not enable the Ad-
ministrator to meet the requirements to produce war
1513 
reserve plutonium pits under section 4219(a) of the 
Atomic Energy Defense Act (50 U.S.C. 2538a(a))— 
‘‘(i) an explanation for why the plans and 
budget will not enable the Administrator to 
meet such requirements; and 
‘‘(ii) proposed alternative plans, budget, or 
requirements by the Council to meet such re-
quirements. 
‘‘(3) If a member of the Council does not concur in 
an assessment under paragraph (2), the report under such 
paragraph shall include a written explanation from the 
non-concurring member describing the reasons for the 
member’s non-concurrence. 
‘‘(4) In this subsection, the term ‘budget’ has the 
meaning given that term in section 231(f) of this title.’’. 
(e) UPDATES ON MEETINGS.—Subsection (g)(1)(A) 
of such section is amended by inserting before the semi-
colon the following: ‘‘and the members who attended each 
meeting’’. 
(f) CONFORMING AMENDMENT.—Section 4717(b)(2) 
of the Atomic Energy Defense Act (50 U.S.C. 2757(b)(2)) 
is amended— 
(1) in subparagraph (A), by inserting ‘‘and’’ 
after the semicolon; and
1514 
(2) by striking subparagraphs (B) and (C) and 
inserting the following new subparagraph (B): 
‘‘(B) submit to the congressional defense 
committees the information required under sec-
tion 179(f)(2) of title 10, United States Code.’’. 
SEC. 1632. PORTFOLIO MANAGEMENT FRAMEWORK FOR 
NUCLEAR FORCES. 
(a) IN GENERAL.—Chapter 24 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section (and conforming the table of sections 
at the beginning of such chapter accordingly): 
‘‘§ 499c. Portfolio management framework for nuclear 
forces 
‘‘(a) REQUIREMENT.—Not later than January 1, 
2024, the Secretary of Defense shall— 
‘‘(1) implement a portfolio management frame-
work for nuclear forces of the United States that— 
‘‘(A) specifies the portfolio of nuclear 
forces covered by the framework; 
‘‘(B) establishes a portfolio governance 
structure for such forces that takes advantage 
of, or is modeled on, an existing portfolio gov-
ernance structure, such as the Deputy’s Man-
agement Action Group described in Department 
of Defense Directive 5105.79;
1515 
‘‘(C) outlines the approach of the Sec-
retary for identifying and managing risk relat-
ing to such forces and prioritizing the efforts 
among such forces, including how the Secretary 
will coordinate such identification, management, 
and prioritization with the Secretary of Energy; 
and 
‘‘(D) incorporates the findings and rec-
ommendations identified by the Comptroller 
General of the United States in the report titled 
‘Nuclear Enterprise: DOD and NNSA Could 
Further Enhance How They Manage Risk and 
Prioritize 
Efforts’ 
(GAO–22–104061) 
and 
dated January 2022; and 
‘‘(2) complete a comprehensive assessment of 
the portfolio management capabilities required to 
identify and manage risk in the portfolio of nuclear 
forces. 
‘‘(b) ANNUAL BRIEFINGS.—(1) In conjunction with 
the submission of the budget of the President to Congress 
pursuant to section 1105 of title 31 for fiscal year 2025 
and each fiscal year thereafter, the Secretary shall provide 
to the congressional defense committees a briefing on iden-
tifying and managing risk relating to nuclear forces and
1516 
prioritizing the efforts among such forces, including, with 
respect to the period covered by the briefing— 
‘‘(A) the current and projected operational re-
quirements for nuclear forces that were used for 
such identification, management, and prioritization; 
‘‘(B) key areas of risk identified; and 
‘‘(C) a description of the actions proposed or 
carried out to mitigate such risk. 
‘‘(2) The Secretary may provide the briefings under 
paragraph (1) in classified form. 
‘‘(c) NUCLEAR FORCES DEFINED.—In this section, 
the term ‘nuclear forces’ includes, at a minimum— 
‘‘(1) nuclear weapons; 
‘‘(2) the delivery platforms and systems for nu-
clear weapons; 
‘‘(3) nuclear command, control, and commu-
nications systems; and 
‘‘(4) the supporting infrastructure for nuclear 
weapons, the delivery platforms and systems for nu-
clear weapons, and nuclear command, control, and 
communications systems, including related per-
sonnel, facilities, construction, operation, and main-
tenance.’’. 
(b) INITIAL BRIEFING.—
1517 
(1) REQUIREMENT.—Not later than June 1, 
2023, the Secretary of Defense shall provide to the 
congressional defense committees a briefing on the 
progress of the Secretary to— 
(A) develop the portfolio management 
framework for nuclear forces under section 
499c of title 10, United States Code, as added 
by subsection (a); and 
(B) complete the assessment described in 
subsection (a)(2) of such section. 
(2) FORM.—The Secretary may provide the 
briefings under paragraph (1) in classified form. 
SEC. 1633. MODIFICATION OF ANNUAL ASSESSMENT OF 
CYBER RESILIENCE OF NUCLEAR COMMAND 
AND CONTROL SYSTEM. 
(a) QUARTERLY BRIEFINGS.—Subsection (d) of sec-
tion 499 of title 10, United States Code, is amended to 
read as follows: 
‘‘(d) QUARTERLY BRIEFINGS.—(1) Not less than 
once every quarter, the Deputy Secretary of Defense and 
the Vice Chairman of the Joint Chiefs of Staff shall jointly 
provide to the Committees on Armed Services of the 
House of Representatives and the Senate— 
‘‘(A) a briefing on any intrusion or anomaly in 
the nuclear command, control, and communications
1518 
system that was identified during the previous quar-
ter, including— 
‘‘(i) an assessment of any known, sus-
pected, or potential impacts of such intrusions 
and anomalies to the mission effectiveness of 
military capabilities as of the date of the brief-
ing; and 
‘‘(ii) with respect to cyber intrusions of 
contractor networks known or suspected to have 
resulted in the loss or compromise of design in-
formation regarding the nuclear command, con-
trol, and communications system; or 
‘‘(B) if no such intrusion or anomaly occurred 
with respect to the quarter to be covered by that 
briefing, a notification of such lack of intrusions and 
anomalies. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘anomaly’ means a malicious, 
suspicious or abnormal cyber incident that poten-
tially threatens the national security or interests of 
the United States, or that is likely to result in de-
monstrable harm to the national security of the 
United States. 
‘‘(B) The term ‘intrusion’ means an unauthor-
ized and malicious cyber incident that compromises
1519 
a nuclear command, control, and communications 
system by breaking the security of such a system or 
causing it to enter into an insecure state.’’. 
(b) CONFORMING REPEAL.—Section 171a of title 10, 
United States Code, is amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) through (l) 
as subsections (h) through (k), respectively. 
SEC. 1634. NUCLEAR-CAPABLE SEA-LAUNCHED CRUISE MIS-
SILE. 
(a) FINDINGS.—Congress finds the following: 
(1) Several senior military officers, including 
the Chairman and Vice Chairman of the Joint 
Chiefs of Staff and the Commander of United States 
Strategic Command, have offered their support for 
continued research and development of a nuclear-ca-
pable sea-launched cruise missile to strengthen nu-
clear deterrence. 
(2) Deploying a nuclear-capable sea-launched 
cruise missile on naval vessels would ‘‘not come 
without a cost’’, as was testified by Chief of Naval 
Operations Admiral Mike Gilday. Admiral Gilday de-
scribed the challenges associated with training, sus-
tainability, reliability, and readiness that would be 
associated with adding a nuclear mission and went
1520 
on to say that he was ‘‘not convinced yet that we 
need to make a $31,000,000,000 investment in that 
particular system to close that particular gap’’. In-
stead, he recommended keeping ‘‘a small amount of 
money’’ for research and development of the nuclear- 
capable sea-launched cruise missile as the Depart-
ment of Defense seeks to better understand the im-
plications of living with two nuclear-armed peer com-
petitors. 
(b) REPORTS.— 
(1) DETERRENCE.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of the Defense shall submit to the congres-
sional defense committees a report that describes the 
approach by the Department of Defense for deter-
ring theater nuclear employment by Russia and 
China, including— 
(A) an assessment of the current and fu-
ture theater nuclear capabilities and doctrine of 
Russia and China; 
(B) an explanation of the strategy and ca-
pabilities of the United States for deterring the-
ater nuclear employment; and 
(C) a comparative assessment of options 
for strengthening deterrence of theater nuclear
1521 
employment, including pursuit of the nuclear- 
capable sea-launched cruise missile and other 
potential changes to the nuclear and conven-
tional posture and capabilities of the United 
States. 
(2) COST.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of 
the Navy shall submit to the congressional defense 
committees a report that describes the full cost of 
developing, producing, fielding, and maintaining nu-
clear-capable sea-launched cruise missiles through at 
least 2050, including— 
(A) the costs associated with research and 
development and production of the missile; 
(B) the costs associated with modifications 
to port infrastructure; 
(C) the costs associated with nuclear cer-
tification, personnel training, and operations; 
and 
(D) any other incremental costs compared 
to sustaining and operating nonnuclear naval 
vessels. 
(3) OPERATIONAL
LIMITATIONS.—Not later 
than 270 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to
1522 
the congressional defense committees a report that 
describes any operational limitations and trade-offs 
that would be associated with deploying nuclear-ca-
pable sea-launched cruise missiles on naval vessels, 
including— 
(A) the effect of allocating missile or tor-
pedo tubes from conventional munitions to nu-
clear munitions; 
(B) operational constraints and trade-offs 
associated with reserving or limiting naval ves-
sels on account of nuclear mission require-
ments; 
(C) trade-offs in posture and capabilities 
that the Navy would likely face if the Navy had 
to allocate more resources to a nuclear-capable 
missiles; and 
(D) any other issues identified by the Sec-
retary. 
(4) DEVELOPMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Ad-
ministrator for Nuclear Security shall submit to the 
congressional defense committees a report that de-
scribes the cost and timeline of developing and pro-
ducing a warhead for a nuclear-capable sea-launched 
cruise missile, including—
1523 
(A) the cost of developing, producing, and 
sustaining the warhead; 
(B) the timeline for the design, production, 
and fielding of the warhead; and 
(C) an assessment of how the pursuit of 
the warhead would affect other planned war-
head activities of the National Nuclear Security 
Administration, including whether there would 
be risk to the cost and schedule of other war-
head programs of the Administration if the Ad-
ministrator 
added 
a 
nuclear-capable 
sea- 
launched cruise missile warhead to the portfolio 
of such programs. 
(5) PREFERRED COURSE OF ACTION.—To in-
form the reports under this subsection, not later 
than 30 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the 
congressional defense committees a report identi-
fying one or more preferred courses of action from 
among the actions identified in the analysis of alter-
natives for a nuclear-capable sea-launched cruise 
missile. 
(c) LIMITATION.— 
(1) IN GENERAL.—None of the funds author-
ized to be appropriated by this Act or otherwise
1524 
made available for fiscal year 2023 for the Depart-
ment of Defense or the National Nuclear Security 
Administration may be obligated or expended for a 
purpose specified in paragraph (2) until— 
(A) each of the reports under subsection 
(b), an unclassified version of the 2022 Nuclear 
Posture Review, and a detailed, unclassified 
summary of the analysis of alternatives regard-
ing the nuclear-capable sea-launched cruise mis-
sile, have been submitted to the congressional 
defense committees; and 
(B) the Secretary of Defense, in coordina-
tion with the Administrator for Nuclear Secu-
rity, certifies to the congressional defense com-
mittees that the development and deployment of 
a nuclear-capable sea-launched cruise missile is 
required to meet a valid military requirement 
and would not create significant risk to conven-
tional or nuclear deterrence by constraining 
conventional military operations or trading-off 
with the pursuit of other conventional or nu-
clear military capabilities. 
(2) FUNDS SPECIFIED.—The purposes specified 
in this paragraph are the following:
1525 
(A) With respect to the Department of De-
fense, system development and demonstration 
of a nuclear-capable sea-launched cruise missile. 
(B) With respect to the National Nuclear 
Security Administration, development engineer-
ing for a modified, altered, or new warhead for 
a sea-launched cruise missile. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘development engineering’’ means 
activities under phase 3 of the joint nuclear weapons 
life cycle (as defined in section 4220 of the Atomic 
Energy Defense Act (50 U.S.C. 2538b) or phase 6.3 
of a nuclear weapons life extension program. 
(2) The term ‘‘system development and dem-
onstration’’ means the activities occurring in the 
phase after a program achieves Milestone B ap-
proval (as defined in section 4172 of title 10, United 
States Code). 
SEC. 1635. LIMITATION ON AVAILABILITY OF CERTAIN 
FUNDS UNTIL SUBMISSION OF INFORMATION 
RELATING TO PROPOSED BUDGET FOR NU-
CLEAR-ARMED SEA-LAUNCHED CRUISE MIS-
SILE. 
In addition to the limitation under section 1640 of 
the National Defense Authorization Act for Fiscal Year
1526 
2022 (Public Law 117–81; 135 Stat. 2092), 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 the Navy for travel by the Secretary of the 
Navy, not more than 50 percent may be obligated or ex-
pended until the Secretary submits to the congressional 
defense committees all written communications from or to 
personnel of the Department of the Navy regarding the 
proposed budget amount or limitation for the nuclear- 
armed sea-launched cruise missile contained in the defense 
budget materials (as defined by section 231(f) of title 10, 
United States Code) relating to the Navy for fiscal year 
2023. 
SEC. 1636. PROHIBITION ON REDUCTION OF THE INTER-
CONTINENTAL BALLISTIC MISSILES OF THE 
UNITED STATES. 
(a) PROHIBITION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2023 
for the Department of Defense may be obligated or ex-
pended for the following, and the Department may not 
otherwise take any action to do the following: 
(1) Reduce, or prepare to reduce, the respon-
siveness or alert level of the intercontinental ballistic 
missiles of the United States.
1527 
(2) Reduce, or prepare to reduce, the quantity 
of deployed intercontinental ballistic missiles of the 
United States to a number less than 400. 
(b) EXCEPTION.—The prohibition in subsection (a) 
shall not apply to any of the following activities: 
(1) The maintenance or sustainment of inter-
continental ballistic missiles. 
(2) Ensuring the safety, security, or reliability 
of intercontinental ballistic missiles. 
(3) Facilitating the transition from the Minute-
man III intercontinental ballistic missile to the Sen-
tinel intercontinental ballistic missile (previously re-
ferred to as the ‘‘ground-based strategic deterrent 
weapon’’). 
Subtitle D—Missile Defense 
Programs 
SEC. 1641. REPEAL OF REQUIREMENT TO TRANSITION BAL-
LISTIC MISSILE DEFENSE PROGRAMS TO THE 
MILITARY DEPARTMENTS. 
Section 1676 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 
4205 note) is amended by striking subsection (b). 
SEC. 1642. FIRE CONTROL ARCHITECTURES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
1528 
(1) the new missile track and warning architec-
ture in the budget request of the President for fiscal 
year 2023 makes a needed and significant shift to 
a more resilient and robust capability that will be 
necessary to address future threats in the domain; 
(2) the tranche 1 and 2 capabilities of the 
Space Development Agency are critical to such new 
architecture and should continue to be funded ap-
propriately to deliver missile track and warning ca-
pability from low-Earth orbit in the mid-2020s time-
frame; 
(3) section 1645 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 
4062) directs the Director of the Missile Defense 
Agency to develop a sensor payload to be integrated 
into architecture of the Space Development Agency 
or Space Force to provide fire control quality data 
that would enable the interception of both ballistic 
and hypersonic threats; 
(4) as the Space Warfighting Analysis Center 
of the Space Force reviews candidate architectures 
for fire control quality data, the Center should take 
into account the investment made to date and capa-
bility being developed by the hypersonic and ballistic
1529 
tracking space sensor program for integration into 
the future architecture; and 
(5) the Center should also consider current or 
planned programs of the intelligence community that 
could be integrated to increase the ability to con-
tribute to fire control architectures of the Depart-
ment of Defense. 
(b) FIRE
CONTROL
QUALITY
DATA
REQUIRE-
MENT.—In carrying out the analysis of candidate fire con-
trol architectures, the Secretary of the Air Force shall en-
sure that the Director of the Space Warfighting Analysis 
Center of the Space Force, at a minimum, maintains the 
requirements needed for the missile defense command and 
control, battle management, and communications system 
to pass the needed quality data within the timelines need-
ed for current and planned interceptor systems to support 
engagements of ballistic and hypersonic threats as de-
scribed in section 1645 of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283; 134 Stat. 4062). 
(c) BRIEFING.—Not later than 14 days after the date 
on which the Director of the Space Warfighting Analysis 
Center concludes the analysis of candidate fire control ar-
chitectures, the Director shall provide to the Committees 
on Armed Services of the House of Representatives and
1530 
the Senate a briefing on the results of the analysis, includ-
ing the findings of the Director and the architecture rec-
ommended by the Director for a future fire control archi-
tecture to support engagement of ballistic and hypersonic 
threats. 
SEC. 1643. LIMITATION ON AVAILABILITY OF CERTAIN 
FUNDS UNTIL REQUIRED ACQUISITION AU-
THORITY DESIGNATION RELATING TO CAPA-
BILITY TO DEFEND THE HOMELAND FROM 
CRUISE MISSILES. 
(a) FINDING.—Congress finds that the Secretary of 
Defense has yet to designate a military department or De-
fense Agency with acquisition authority with respect to the 
capability to defend the homeland from cruise missiles in 
accordance with section 1684(e) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114– 
328; 10 U.S.C. 4205 note). 
(b) LIMITATION.—Of the funds authorized to be ap-
propriated by this Act or otherwise made available for fis-
cal year 2023 for the Department of Defense for travel 
by the Deputy Secretary of Defense, not more than 90 
percent may be obligated or expended until the Secretary 
of Defense designates a military department or Defense 
Agency with acquisition authority with respect to the ca-
pability to defend the homeland from cruise missiles.
1531 
(c) DEFENSE AGENCY DEFINED.—In this section, 
the term ‘‘Defense Agency’’ has the meaning given that 
term in section 101(a)(11) of title 10, United States Code. 
SEC. 1644. LIMITATION ON AVAILABILITY OF FUNDS UNTIL 
SUBMISSION OF REPORT ON LAYERED DE-
FENSE FOR THE HOMELAND. 
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 operating the 
Office of Space Policy, not more than 75 percent may be 
obligated or expended until the Secretary of Defense sub-
mits to the congressional defense committees the report 
described in House Report 117–118 under the heading 
‘‘Layered Defense for the Homeland’’. 
SEC. 1645. MIDDLE EAST INTEGRATED AIR AND MISSILE 
DEFENSE. 
(a) IN GENERAL.—The Secretary of Defense, in con-
sultation with the Secretary of State and the Director of 
National Intelligence, shall seek to cooperate with allies 
and partners of the United States in the area of responsi-
bility of the United States Central Command to improve 
integrated air and missile defense capability to protect the 
people, infrastructure, and territory of such allies and 
partners from cruise and ballistic missiles, manned and 
unmanned aerial systems, and rocket attacks from Iran.
1532 
The Secretary shall seek to cooperate with countries that 
have the ability to contribute to, adopt, and maintain an 
integrated air and missile defense capability, and a com-
mitment to countering air and missile threats to bring se-
curity to the region. 
(b) STRATEGY.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, con-
sistent with the protection of intelligence sources 
and methods, the Secretary shall submit to the ap-
propriate congressional committees a strategy on in-
creasing cooperation with allies and partners in the 
area of responsibility of the United States Central 
Command to implement an integrated air and mis-
sile defense architecture to protect the people, infra-
structure, and territory of such allies and partners 
from cruise and ballistic missiles, manned and un-
manned aerial systems, and rocket attacks from 
Iran. 
(2) CONTENTS.—The strategy submitted under 
paragraph (1) shall include the following for coun-
tries the Secretary determines meets the characteris-
tics of subsection (a):
1533 
(A) An assessment of the threat of ballistic 
and cruise missiles, manned and unnamed aer-
ial systems, and rocket attacks from Iran. 
(B) A description of current efforts to co-
ordinate indicators and warnings from such at-
tacks with allies and partners in the region. 
(C) An analysis of United States allied and 
partner systems currently in the region to de-
fend against air and missile attacks. 
(D) An explanation of how an integrated 
regional air and missile defense architecture 
would improve collective security in the Central 
Command area of responsibility, similar to that 
of the European Command. 
(E) A description of efforts to engage spec-
ified foreign partners in establishing such an 
architecture. 
(F) An identification of any challenges in 
establishing an integrated air and missile de-
fense architecture with specified foreign part-
ners, including assessments of the capacity of 
specified foreign partners to— 
(i) rapidly share and respond to intel-
ligence on ballistic and cruise missiles, 
manned and unmanned aerial systems, and
1534 
rocket attacks from Iran, and their ability 
to develop such capacity independent of di-
rect United States support and oversight; 
(ii) independently operate key tech-
nical components of such an architecture, 
including satellite sensors, ground- or sea- 
based radars, and interceptors; and 
(iii) operate command and control 
centers directing the operation of such an 
architecture. 
(G) An assessment of the overall cost to 
the United States for providing support for the 
establishment and sustainment of such an ar-
chitecture over 5 and 10-year periods. 
(H) A description of relevant coordination 
with the Secretary of State and the ways in 
which such an architecture advances United 
States regional diplomatic goals and objectives. 
(I) Such other matters as the Secretary 
considers relevant. 
(3) PROTECTION
OF
SENSITIVE
INFORMA-
TION.—Any activity carried out under paragraph (1) 
shall be conducted in a manner that appropriately 
protects sensitive information and the national secu-
rity interests of the United States.
1535 
(4) FORMAT.—The strategy submitted under 
paragraph (1) shall be submitted in unclassified 
form, but may include a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
(3) The Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate. 
SEC. 1646. STRATEGY TO USE ASYMMETRIC CAPABILITIES 
TO DEFEAT HYPERSONIC MISSILE THREATS. 
(a) REQUIREMENT.—Not later than March 1, 2023, 
the Secretary of Defense, acting through the Director of 
the Missile Defense Agency, shall submit to the congres-
sional defense committees a comprehensive layered strat-
egy to use asymmetric capabilities to defeat hypersonic 
missile threats. 
(b) ELEMENTS.—The strategy under subsection (a) 
shall— 
(1) address all asymmetric capabilities of the 
United States, including with respect to—
1536 
(A) directed energy, as described in section 
1664 of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81; 10 
U.S.C. 205 note) and including short-pulse 
laser technology; 
(B) microwave systems; 
(C) cyber capabilities; and 
(D) any other capabilities determined ap-
propriate by the Secretary and Director; and 
(2) identify the funding required to implement 
the strategy during the period covered by the future- 
years defense program submitted to Congress under 
section 221 of title 10, United States Code, in 2023. 
SEC. 1647. REPORT ON INTEGRATED AIR AND MISSILE DE-
FENSE SENSOR OF UNITED STATES INDO-PA-
CIFIC COMMAND. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the budget of the President for fiscal year 2023 
submitted to Congress pursuant to section 1105 of title 
31, United States Code— 
(1) includes funding to develop and procure an 
integrated air and missile defense architecture to de-
fend Guam that includes multiple mobile compo-
nents located across Guam, however, a full assess-
ment of the manning and infrastructure needed to
1537 
support those components, including items such as 
power, water, and availability of personnel housing, 
was not included in the overall determination of fea-
sibility; and 
(2) did not include funding for the continued 
development of the discrimination radar for home-
land defense planned to be located in Hawaii be-
cause of an ongoing reevaluation of the missile de-
fense posture and sensor architecture in the area of 
responsibility of the United States Indo-Pacific Com-
mand. 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report on the findings of the 
review conducted by the Secretary of the integrated 
air and missile defense sensor architecture of the 
United States Indo-Pacific Command. 
(2) INVESTMENTS.—The report under para-
graph (1) shall identify the investments that should 
be made to increase the detection of non-ballistic 
threats and improve the discrimination of ballistic 
missile threats, particularly with regard to Hawaii.
1538 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, and may in-
clude a classified annex. 
(c) REVIEW OF INTEGRATED AIR AND MISSILE DE-
FENSE ARCHITECTURE TO DEFEND GUAM.— 
(1) REQUIREMENT.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall seek to enter into a contract 
with a federally funded research and development 
center to conduct an independent assessment of the 
integrated air and missile defense architecture to de-
fend Guam. 
(2) ELEMENTS.—The assessment under para-
graph (1) shall include an analysis of each of the fol-
lowing: 
(A) The proposed architecture capability to 
address 
non-ballistic 
and 
ballistic 
missile 
threats to Guam, including the sensor, com-
mand and control, and interceptor systems 
being proposed. 
(B) The development and integration risk 
of the proposed architecture. 
(C) The manning required to operate the 
proposed architecture, including the availability
1539 
of housing and infrastructure on Guam to sup-
port the needed manning levels. 
(3) SUBMISSION.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense com-
mittees the assessment under paragraph (1), without 
change. 
SEC. 1648. RISK REDUCTION IN PROCUREMENT OF GUAM 
MISSILE DEFENSE SYSTEM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the defense of Guam and the Armed Forces 
that operate there is of key strategic significance 
and is one of the top priorities for United States 
Indo-Pacific Command and the United States; 
(2) the most severe adversary threat to Guam 
consists of long-range hypersonic and cruise missiles 
launched from a variety of air, land, and sea-based 
platforms; 
(3) the current plan of the Missile Defense 
Agency using a mixed architecture which, when ap-
plied to the launcher systems, relies on numerous 
road-mobile transport erector launchers for launch-
ing, and is an unproven and high-risk plan; and
1540 
(4) the existing vertical launch system, which 
can accommodate the standard missile–3 and the 
standard missile–6, is a more capable and tested 
system and provides reasonable risk reduction to the 
short-term missile defense of Guam, and in the long 
term provides much needed capacity increase. 
(b) AUTHORITY
FOR PROCUREMENT.—Except as 
provided by subsection (c), not later than December 31, 
2023, the Secretary of Defense, acting through the Direc-
tor of the Missile Defense Agency, shall rapidly procure 
and field up to three vertical launching systems that can 
accommodate planned interceptors operated by the Navy 
as of the date of the enactment of this Act. 
(c) WAIVER.—The Secretary may waive the require-
ment under subsection (b) if— 
(1) the Secretary determines that the waiver is 
in the best interest of the national security of the 
United States; 
(2) the Secretary submits to the congressional 
defense committees a notification of such waiver, in-
cluding a justification; and 
(3) a period of 120 days has elapsed following 
the date of such notification.
1541 
SEC. 1649. PLAN ON DELIVERING SHARED EARLY WARNING 
SYSTEM DATA TO CERTAIN ALLIES AND 
PARTNERS OF THE UNITED STATES. 
(a) FINDINGS.—Congress finds the following: 
(1) The Shared Early Warning System cur-
rently provides accurate and timely ballistic missile 
warning information generated by space-based infra-
red sensors to the United States and select foreign 
countries. 
(2) As has been demonstrated in Russia’s un-
lawful invasion of and war in Ukraine, missile warn-
ing data provided to allies and partners of the 
United States could allow for critical warning to pre-
vent widespread civilian casualties. 
(3) The rapid technical fielding of Shared Early 
Warning System capabilities should be prioritized in 
future bilateral defense negotiations with allies and 
partners of the United States. 
(b) PLAN.—The Secretary of Defense, with the con-
currence of the Secretary of State and the Director of Na-
tional Intelligence, shall develop a technical fielding plan 
to deliver information under the Shared Early Warning 
System regarding a current or imminent missile threat to 
allies and partners of the United States that, as of the 
date of the plan, do not receive such information.
1542 
(c) REPORT.—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 on how rapid technical fielding of the Shared 
Early Warning System could be provided to allies and 
partners of the United States that— 
(1) are not member states of the North Atlantic 
Treaty Organization; and 
(2) are under current or imminent hostile ag-
gression and threat of missile attack. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
(3) The Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate. 
SEC. 1650. REPORTS ON GROUND-BASED INTERCEPTORS. 
Not later than 30 days after the date of the enact-
ment of this Act, and on a quarterly basis thereafter until 
the date on which the next generation interceptor achieves 
initial operating capability, the Director of the Missile De-
fense Agency, with the concurrence of the Commander of
1543 
the United States Northern Command, shall submit to the 
congressional defense committees a report that includes 
the following: 
(1) An identification of the number of ground- 
based interceptors operationally available to the 
Commander. 
(2) If such number is different from the report 
previously submitted under this section, the reasons 
for such difference. 
(3) Any anticipated changes to such number 
during the period covered by the report. 
SEC. 1651. REPORT ON MISSILE DEFENSE INTERCEPTOR 
SITE IN CONTIGUOUS UNITED STATES. 
(a) REQUIREMENT.—Not later than March 31, 2023, 
the Secretary of Defense, acting through the Director of 
the Missile Defense Agency, shall submit to the congres-
sional defense committees a report containing— 
(1) an updated assessment of the requirement 
for a missile defense interceptor site in the contig-
uous United States; and 
(2) a funding profile, by year, of the total costs 
for the development and construction of such site, 
considering the designation of Fort Drum, New 
York, as the conditionally designated preferred site.
1544 
(b) FUNDING.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2023 for the Missile Defense Agency for unspecified 
military construction planning and design, not more than 
$5,000,000 may be obligated or expended for activities as-
sociated with a missile defense interceptor site in the con-
tiguous United States described in subsection (a). 
SEC. 1652. REPORT ON GUN LAUNCHED INTERCEPTOR 
TECHNOLOGIES. 
Not later than March 31, 2023, the Secretary of De-
fense, acting through the Commanding General of the 
Army Space and Missile Defense Command, shall submit 
to the congressional defense committees a report con-
taining— 
(1) an assessment of the need for gun launched 
interceptor technologies; and 
(2) a funding profile, by year, of the total cost 
of integrating and testing such technologies that are 
under development. 
SEC. 1653. REPORT ON RADIATION HARDENED, THER-
MALLY INSENSITIVE TELESCOPES FOR SM–3 
INTERCEPTOR. 
Not later than March 31, 2023, the Secretary of De-
fense, acting through the Director of the Missile Defense
1545 
Agency, shall submit to the congressional defense commit-
tees a report containing— 
(1) an assessment of the requirement to develop 
radiation hardened, thermally insensitive sensors for 
missile defense; and 
(2) a funding profile, by year, of the total cost 
of integrating and testing such sensors that are 
under development. 
Subtitle E—Other Matters 
SEC. 1661. COOPERATIVE THREAT REDUCTION FUNDS. 
(a) FUNDING ALLOCATION.—Of the $341,598,000 
authorized to be appropriated to the Department of De-
fense for fiscal year 2023 in section 301 and made avail-
able by the funding table in division D for the Department 
of Defense Cooperative Threat Reduction Program estab-
lished under section 1321 of the Department of Defense 
Cooperative Threat Reduction Act (50 U.S.C. 3711), the 
following amounts may be obligated for the purposes spec-
ified: 
(1) For strategic offensive arms elimination, 
$6,859,000. 
(2) For chemical security and elimination, 
$14,998,000. 
(3) For global nuclear security, $18,088,000.
1546 
(4) 
For 
biological 
threat 
reduction, 
$225,000,000. 
(5) For proliferation prevention, $45,890,000. 
(6) For activities designated as Other Assess-
ments/Administration Costs, $30,763,000. 
(b) SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION FUNDS.—Funds appropriated pursuant to the 
authorization of appropriations in section 301 and made 
available by the funding table in division D for the Depart-
ment of Defense Cooperative Threat Reduction Program 
shall be available for obligation for fiscal years 2023, 
2024, and 2025. 
SEC. 1662. STUDY OF WEAPONS PROGRAMS THAT ALLOW 
THE ARMED FORCES TO ADDRESS HARD AND 
DEEPLY BURIED TARGETS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the ability of the United States to hold at 
risk hard and deeply buried targets now and in the 
future is critical; and 
(2) while the Department of Defense is under-
taking a study of nuclear and nonnuclear options to 
hold at risk this growing target set, Congress is con-
cerned about the progress of this study.
1547 
(b) STUDY.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Chairman of the Joint Chiefs of 
Staff and the Commander of the United States Strategic 
Command, and in consultation with the Administrator for 
Nuclear Security, shall submit to the congressional de-
fense committees a study on options to hold at risk hard 
and deeply buried targets. 
(c) ELEMENTS.—The study under subsection (b) 
shall include the following: 
(1) An analysis of the current and emerging 
hard and deeply buried target mission set and asso-
ciated military requirements, including— 
(A) the number and locations of the tar-
gets; and 
(B) the associated military requirements 
for the United States Strategic Command, in-
cluding the importance of threatening the tar-
gets to meeting the objectives of the United 
States. 
(2) A study of weapons programs that allow the 
Armed Forces to address hard and deeply buried 
targets, including— 
(A) any nuclear or nonnuclear weapon and 
delivery system the Secretary determines appro-
1548 
priate, including the cost, timeline for fielding, 
and likely effectiveness of any capability under 
consideration; and 
(B) an assessment of a service life exten-
sion program of the B83 nuclear gravity bomb 
as one of the options. 
(3) A proposed strategy for fielding capabilities 
and making other adjustments to the strategy and 
plans of the United States to account for the grow-
ing hard and deeply buried target set, including a 
five-year funding profile for the preferred alternative 
weapon and the secondary alternative weapon stud-
ied under paragraph (2). 
(d) BRIEFING.—Upon completion of the study under 
subsection (b), the Secretary shall provide the Committees 
on Armed Services of the House of Representatives and 
the Senate a briefing on the findings and recommenda-
tions of the study. 
SEC. 1663. UNIDENTIFIED AERIAL PHENOMENA REPORT-
ING PROCEDURES. 
(a) AUTHORIZATION
FOR
REPORTING.—Notwith-
standing the terms of any written or oral nondisclosure 
agreement, order, or other instrumentality or means, that 
could be interpreted as a legal constraint on reporting by 
a witness of an unidentified aerial phenomena, reporting
1549 
in accordance with the system established under sub-
section (b) is hereby authorized and shall be deemed to 
comply with any regulation or order issued under the au-
thority of Executive Order 13526 (50 U.S.C. 3161 note; 
relating to classified national security information) or 
chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 
2271 et seq.). 
(b) SYSTEM FOR REPORTING.— 
(1) ESTABLISHMENT.—The head of the Office, 
on behalf of the Secretary of Defense and the Direc-
tor of National Intelligence, shall establish a secure 
system for receiving reports of— 
(A) any event relating to unidentified aer-
ial phenomena; and 
(B) any Government or Government con-
tractor activity or program related to unidenti-
fied aerial phenomena. 
(2) PROTECTION OF SYSTEMS, PROGRAMS, AND 
ACTIVITY.—The system established pursuant to 
paragraph (1) shall serve as a mechanism to prevent 
unauthorized public reporting or compromise of 
properly classified military and intelligence systems, 
programs, and related activity, including all cat-
egories and levels of special access and compart-
1550 
mented access programs, current, historical, and fu-
ture. 
(3) ADMINISTRATION.—The system established 
pursuant to paragraph (1) shall be administered by 
designated and widely known, easily accessible, and 
appropriately cleared Department of Defense and in-
telligence community employees or contractors as-
signed to the Unidentified Aerial Phenomena Task 
Force or the Office. 
(4) SHARING
OF
INFORMATION.—The system 
established under paragraph (1) shall provide for the 
immediate sharing with Office personnel and sup-
porting analysts and scientists of information pre-
viously prohibited from reporting under any non-
disclosure written or oral agreement, order, or other 
instrumentality or means, except in cases where the 
cleared Government personnel administering such 
system conclude that the preponderance of informa-
tion available regarding the reporting indicates that 
the observed object and associated events and activi-
ties likely relate to a special access program or com-
partmented access program that, as of the date of 
the reporting, has been explicitly and clearly re-
ported to the congressional defense committees and
1551 
congressional intelligence committees, and is docu-
mented as meeting those criteria. 
(5) INITIAL REPORT AND PUBLICATION.—Not 
later than 180 days after the date of the enactment 
of this Act, the head of the Office, on behalf of the 
Secretary and the Director, shall— 
(A) submit to the congressional intelligence 
committees, the congressional defense commit-
tees, and congressional leadership a report de-
tailing the system established under paragraph 
(1); and 
(B) make available to the public on a 
website of the Department of Defense informa-
tion about such system, including clear public 
guidance for accessing and using such system 
and providing feedback about the expected 
timeline to process a report. 
(6) ANNUAL
REPORTS.—Section 1683 of the 
National Defense Authorization Act for Fiscal Year 
2022 (50 U.S.C. 3373) is amended— 
(A) in subsection (h)— 
(i) in paragraph (1), by inserting 
‘‘and congressional leadership’’ after ‘‘ap-
propriate congressional committees’’; and
1552 
(ii) in paragraph (2), by adding at the 
end the following new subparagraph: 
‘‘(Q) A summary of the reports received 
using the system established under title XVI of 
the National Defense Authorization Act for Fis-
cal Year 2023.’’; and 
(B) in subsection (l)— 
(i) by redesignating paragraphs (2) 
through (5) as paragraphs (3) through (6), 
respectively; and 
(ii) by inserting after paragraph (1) 
the following new paragraph (2): 
‘‘(2) 
The 
term 
‘congressional 
leadership’ 
means— 
‘‘(A) the majority leader of the Senate; 
‘‘(B) the minority leader of the Senate; 
‘‘(C) the Speaker of the House of Rep-
resentatives; and 
‘‘(D) the minority leader of the House of 
Representatives.’’. 
(c) RECORDS OF NONDISCLOSURE AGREEMENTS.— 
(1) 
IDENTIFICATION
OF
NONDISCLOSURE 
AGREEMENTS.—The Secretary of Defense, the Di-
rector of National Intelligence, the Secretary of 
Homeland Security, the heads of such other depart-
1553 
ments and agencies of the Federal Government that 
have supported investigations of the types of events 
covered by subparagraph (A) of subsection (b)(1) 
and activities and programs described subparagraph 
(B) of such subsection, and contractors of the Fed-
eral Government supporting such activities and pro-
grams shall conduct comprehensive searches of all 
records relating to nondisclosure orders or agree-
ments or other obligations relating to the types of 
events described in subsection (a) and provide copies 
of all relevant documents to the Office. 
(2) SUBMITTAL TO CONGRESS.—The head of 
the Office shall— 
(A) make the records compiled under para-
graph (1) accessible to the congressional intel-
ligence committees, the congressional defense 
committees, and congressional leadership; and 
(B) not later than September 30, 2023, 
and at least once each fiscal year thereafter 
through fiscal year 2026, provide to such com-
mittees and congressional leadership briefings 
and reports on such records. 
(d) PROTECTION FROM LIABILITY
AND PRIVATE 
RIGHT OF ACTION.—
1554 
(1) PROTECTION FROM LIABILITY.—It shall not 
be a violation of section 798 of title 18, United 
States Code, or any other provision of law, and no 
cause of action shall lie or be maintained in any 
court or other tribunal against any person, for re-
porting any information through, and in compliance 
with, the system established pursuant to subsection 
(b)(1). 
(2) PROHIBITION ON REPRISALS.—An employee 
of a Federal agency and an employee of a contractor 
for the Federal Government who has authority to 
take, direct others to take, recommend, or approve 
any personnel action, shall not, with respect to such 
authority, take or fail to take, or threaten to take 
or fail to take, a personnel action, including the rev-
ocation or suspension of security clearances, with re-
spect to any individual as a reprisal for any report-
ing as described in paragraph (1). 
(3) PRIVATE RIGHT OF ACTION.—In a case in 
which an employee described in paragraph (2) takes 
a personnel action against an individual in violation 
of such paragraph, the individual may bring a pri-
vate civil action for all appropriate remedies, includ-
ing injunctive relief and compensatory and punitive 
damages, against the Government or other employer
1555 
who took the personnel action, in the United States 
Court of Federal Claims. 
(e) REVIEW BY INSPECTORS GENERAL.—Not later 
than one year after the date of the enactment of this Act, 
the Inspector General of the Department of Defense and 
the Inspector General of the Intelligence Community shall 
each— 
(1) conduct an assessment of the compliance 
with the requirements of this section and the oper-
ation and efficacy of the system established under 
subsection (b); and 
(2) submit to the congressional intelligence 
committees, the congressional defense committees, 
and congressional leadership a report on their re-
spective findings with respect to the assessments 
they conducted under paragraph (1). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘congressional intelligence com-
mittees’’ has the meaning given such term in section 
3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
(2) 
The 
term 
‘‘congressional 
leadership’’ 
means— 
(A) the majority leader of the Senate; 
(B) the minority leader of the Senate;
1556 
(C) the Speaker of the House of Rep-
resentatives; and 
(D) the minority leader of the House of 
Representatives. 
(3) The term ‘‘intelligence community’’ has the 
meaning given such term in section 3 of the Na-
tional Security Act of 1947 (50 U.S.C. 3003). 
(4) The term ‘‘Office’’ means the office estab-
lished under section 1683(a) of the National Defense 
Authorization Act for Fiscal Year 2022 (50 U.S.C. 
3373(a)). 
(5) The term ‘‘personnel action’’ has the mean-
ing given such term in section 1104(a) of the Na-
tional Security Act of 1947 (50 U.S.C. 3234(a)). 
(6) The term ‘‘unidentified aerial phenomena’’ 
has the meaning given such term in section 1683(l) 
of the National Defense Authorization Act for Fiscal 
Year 2022 (50 U.S.C. 3373(l)).
1557 
TITLE 
XVII—MUNITIONS 
RE-
PLENISHMENT AND FUTURE 
PROCUREMENT 
SEC. 1701. MODIFICATION TO SPECIAL DEFENSE ACQUISI-
TION FUND. 
Section 114(c)(1) of title 10, United States Code, is 
amended by striking ‘‘$2,500,000,000’’ and inserting 
‘‘$3,500,000,000’’. 
SEC. 1702. DEVELOPMENT OF TECHNOLOGIES WITH RE-
SPECT TO CRITICAL, PREFERRED, AND PRE-
CISION-GUIDED CONVENTIONAL MUNITIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Under Secretary of Defense for Research 
and Engineering and the Under Secretary of Defense for 
Acquisition and Sustainment, in coordination with the 
Secretaries of the Army, Navy, and Air Force and the 
heads of the Defense Agencies, shall develop and invest 
in the following with respect to critical, preferred, and pre-
cision-guided conventional munitions: 
(1) Technologies to— 
(A) reduce the costs of such munitions; 
(B) increase the reliability and lethality of 
such munitions; and 
(C) simplify the manufacturing processes 
for such munitions.
1558 
(2) Technologies related to the diversification of 
the supply chains relevant to the production of such 
munitions. 
(3) The development of novel methods to more 
easily and affordably manufacture such munitions, 
including the capability of rapid production scaling 
to meet required demand. 
(b) TYPES OF TECHNOLOGIES.—The types of tech-
nologies developed under subsection (a) shall include— 
(1) the additive manufacturing of components, 
including energetics; 
(2) expeditionary manufacturing; 
(3) simplified supply chains, including, where 
possible, the use of open source, commercial, and 
commercial-derived technologies, including microelec-
tronics; and 
(4) such other technologies as the Under Secre-
taries determine appropriate. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Under Secretaries shall 
jointly submit to the congressional defense committees a 
report on the plan to carry out this section.
1559 
SEC. 1703. SENSE OF CONGRESS AND QUARTERLY BRIEF-
INGS ON REPLENISHMENT AND REVITALIZA-
TION OF STOCKS OF TACTICAL MISSILES 
PROVIDED TO UKRAINE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the delivery of anti-tank and air defense 
missiles and munitions to Ukraine by the United 
States and numerous allies and partners around the 
world has had a crucial impact on the ability of 
Ukraine to resist Russia’s illegal invasion; 
(2) the war in Ukraine has demonstrated the 
utility of these weapons in contemporary military 
conditions; 
(3) it is vital to continue providing Ukraine 
with such assistance, as needed, in an appropriately 
rapid and sustained manner; 
(4) the ability of the Department of Defense to 
support replenishment of these stocks is a matter of 
major importance for— 
(A) the provision of additional support, as 
needed, to Ukraine; 
(B) the defense needs of the United States; 
and
1560 
(C) the defense needs of allies and part-
ners that have provided, or are considering pro-
viding, their own stocks to assist Ukraine. 
(5) in response to the March 18, 2022, letter 
sent by the Chairman and Ranking Member of the 
Committee on Armed Services of the House of Rep-
resentatives, the Department of Defense responded 
effectively with efforts to buy down strategic risk 
and accelerate production of air defense munitions; 
(6) the effort to replace existing stocks while 
prioritizing the rapid development of a low-cost, ex-
portable evolution of a short-range air defense sys-
tem should proceed as quickly and efficiently as pos-
sible; 
(7) the Department of Defense should continue 
to develop and pursue this strategy while providing 
full transparency into its efforts to buy down stra-
tegic risk and engaging in substantial dialogue re-
garding the path forward; 
(8) the Department of Defense should use its 
authorities to work with allies and partners in a fo-
cused and sustained manner to advance the replen-
ishment of munitions stocks for allies and partners 
that have provided, or are contemplating providing, 
such equipment to Ukraine, in order to ensure they
1561 
are capable of meeting ongoing alliance and partner-
ship deterrence and security needs. 
(b) QUARTERLY BRIEFINGS.—The Secretary of De-
fense shall provide to Congress quarterly briefings, in ac-
cordance with subsection (c), on the progress of the De-
partment of Defense toward replenishing and sustaining 
the production capacity and stocks of covered systems that 
have been delivered to Ukraine as part of the effort to— 
(1) support Ukraine’s resistance against Rus-
sian aggression; and 
(2) buy down strategic risks. 
(c) ELEMENTS OF BRIEFINGS.— 
(1) BRIEFINGS ON US STOCKS.—The Secretary 
of Defense shall provide to the congressional defense 
committees quarterly briefings that include each of 
the following: 
(A) A timeline and budgetary estimate for 
developing and procuring replacement stocks of 
covered systems for the United States. 
(B) An analysis of the amount of funding 
provided to defense contractors to procure re-
placement stocks of covered systems for the 
United States. 
(C) An identification of any opportunities 
to allow vendors to compete for agreements to
1562 
produce next-generation short-range tactical 
missiles, launchers, fire controls, and any other 
supporting equipment. 
(D) An analysis of risks within the indus-
trial base that provides support for covered sys-
tems, and detailed options to mitigate those 
risks. 
(E) A discussion of options to maximize 
competition among providers of covered systems 
and components thereof, and an identification 
of any gaps in legal authority to pursue and 
achieve the objectives of maximizing competi-
tion and replenishing and sustaining the pro-
duction capacity of covered systems. 
(F) An update on the use of the authori-
ties of the Department of Defense to replenish 
and sustain the production capacity and stocks 
of covered systems referred to in subsection (b). 
(2) BRIEFINGS
ON
STOCKS
OF
ALLIES
AND 
PARTNERS.—The Secretary of Defense shall provide 
to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Foreign Rela-
tions of the Senate quarterly briefings that include 
each of the following:
1563 
(A) A timeline and budgetary estimate for 
developing and procuring replacement stocks of 
covered systems for allies and partners of the 
United States. 
(B) An update on the efforts of the De-
partment to work with allies and partners of 
the United States to advance the replenishment 
of munitions stocks for such allies and partners 
that have provided, or are contemplating pro-
viding, such stocks to Ukraine. 
(d) COVERED SYSTEM.—In this section, the term 
‘‘covered system’’ means any short-range tactical missile 
(including any SHORAD or anti-tank missile), loitering 
munition, drone, or ammunition. 
(e) TERMINATION.—The requirement to provide 
quarterly briefings under this section shall terminate on 
December 31, 2026. 
SEC. 1704. ASSESSMENT OF ACQUISITION OBJECTIVES FOR 
PATRIOT AIR AND MISSILE DEFENSE BATTAL-
IONS. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) The unlawful Russian invasion of and 
war in Ukraine has highlighted the importance
1564 
of lower tier air and missile defense capabilities 
in the European Area of Command. 
(B) The emergency supplemental appro-
priations request by the President for the situa-
tion in Ukraine for fiscal year 2022 included 
funding for a 16th Patriot air and missile de-
fense system battalion, which increases the long 
standing inventory requirement by one bat-
talion. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that given the evolving cruise- and bal-
listic-missile threat from rogue nations and near- 
peer adversaries, particularly in regional scenarios, 
the Secretary of the Army should reassess the cur-
rent battalion and interceptor acquisition objectives 
for the Patriot air and missile defense system to de-
termine if 16 battalions and 3,376 Patriot advanced 
capability-3 missile segment enhancement missiles 
are still valid. 
(b) ASSESSMENT.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of the 
Army shall assess and validate the battalion and inter-
ceptor acquisition objectives, as of the date of the enact-
ment of this Act, for the Patriot air and missile defense
1565 
system and Patriot advanced capability-3 missile segment 
enhancement missiles. 
(c) REPORT.—Not later than 30 days after the date 
on which the Secretary completes the assessment under 
subsection (b), the Secretary shall submit to the congres-
sional defense committees a report on the assessment, in-
cluding whether the acquisition objectives described in 
such subsection are valid or should be modified. 
(d) AUTHORITY.—Subject to the availability of ap-
propriations for such purpose, the Secretary of the Army 
may procure up to four additional Patriot air and missile 
defense battalions to achieve a total of up to 20 such bat-
talions. 
SEC. 1705. FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER ANALYSIS OF DEPARTMENT 
OF DEFENSE CAPABILITY AND CAPACITY TO 
REPLENISH MISSILE AND MUNITION INVEN-
TORIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the ongoing war in Ukraine has highlighted 
the importance of understanding the defense indus-
trial base gaps and limitations of replenishing inven-
tories of critical, preferred, and precision-guided 
weapon systems; and
1566 
(2) the ability of the Department of Defense to 
replenish critical munitions in the event of a conflict 
with a strategic competitor lasting not less than six 
months is of critical importance to the national secu-
rity interests of the United States. 
(b) FFRDC STUDY.— 
(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 an appropriate federally funded research and 
development center for the conduct of a detailed 
analysis of the capability of the Department of De-
fense replenish inventory of the weapons described in 
paragraph (3) to address long-range strike capabili-
ties, including against naval surface and subsurface, 
as well as land-based forces, air superiority, interdic-
tion, air and missile defense, and hard and deeply 
buried target mission areas. Such an agreement 
shall provide that an analysis conducted pursuant to 
the agreement shall be completed within 180 days. 
(2) MATTERS FOR CONSIDERATION.—An anal-
ysis conducted pursuant to an agreement under 
paragraph (1) shall include a consideration of each 
of the following with respect to the weapons de-
scribed in paragraph (3):
1567 
(A) Any gaps in current or near-term pro-
duction capability through 2025 or capacity due 
to the loss, impending loss, or obsolescence of 
manufacturers or suppliers of items, raw mate-
rials, or software, along with recommendations 
to address the highest priority gaps. 
(B) The capability to significantly increase 
current levels of production beyond steady-state 
demand requirements, including an assessment 
of sub-tier supplier capacity, capability, and 
rates of production. 
(C) The predicted production capability 
and capacity during the time period beginning 
in 2025 and ending in 2035, including the ca-
pability and any recommendations to signifi-
cantly increase production during that time pe-
riod. 
(D) The reliance of the United States on 
materials and parts that are produced or 
sourced in foreign countries, particularly in the 
case of such reliance on a sole-source producer 
or supplier, an identification of countries of ori-
gin of such materials and parts, and associated 
recommendations 
to 
address 
any 
priority 
vulnerabilities.
1568 
(E) The capacity of the organic industrial 
base, including both Government-operated and 
contractor-operated facilities, to support surge 
production, and an identification of the weap-
ons that each such facilities is equipped, or 
could be equipped, to produce. 
(3) WEAPONS DESCRIBED.—The weapons de-
scribed in this paragraph are each of the following: 
(A) Evolved sea sparrow missile. 
(B) MK 48 heavyweight torpedo. 
(C) Standard missile variants (SM-6, SM- 
3 block IB and SM-3 block IIA). 
(D) Patriot guided missiles. 
(E) Terminal high altitude area defense 
interceptors. 
(F) Guided and ballistic missiles fired from 
the multiple launch rocket system (MLRS) or 
the high mobility artillery rocket system 
(HIMARS). 
(G) Javelin missile. 
(H) Stinger missile. 
(I) Air intercept missile (AIM)-9X-Side-
winder. 
(J) AIM-120D - Advanced medium range 
air-to-air missile (AMRAAM).
1569 
(K) Air to ground (AGM)-114 - hellfire 
missile. 
(L) Small diameter bomb II. 
(M) Joint direct attack munition. 
(N) Advanced penetrating bombs. 
(O) Enhanced fragmentation bombs. 
(P) Low collateral damage bombs. 
(Q) Tomahawk land attack missile. 
(R) Maritime strike tomahawk. 
(S) Long range anti-ship missile. 
(T) Naval strike missile. 
(U) Joint air-to-surface standoff missile- 
extended range. 
(V) Harpoon anti-ship missile. 
(W) Any other weapon that the Secretary 
of Defense or the federally funded research and 
development center determine should be in-
cluded in the analysis. 
(4) REPORT.— 
(A) IN
GENERAL.—Not later than 180 
days after entering into an agreement under 
subsection (a), the Secretary shall submit to the 
congressional defense committees a report con-
taining the unaltered results of the analysis 
completed pursuant to the agreement.
1570 
(B) FORM.—The report required under 
subparagraph (A) shall be submitted in unclas-
sified form, but may include a classified annex. 
SEC. 1706. OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS 
REQUIREMENT, OUT-YEAR INVENTORY NUM-
BERS, AND CRITICAL MUNITIONS RESERVE. 
(a) ANNUAL REPORTING REQUIREMENTS.—Section 
222c of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘the chief of staff of each 
armed force (other than the Coast Guard)’’ and 
inserting ‘‘the Under Secretary of Defense for 
Acquisition and Sustainment’’; 
(B) by striking ‘‘such armed force’’ and in-
serting ‘‘each armed force (other than the 
Coast Guard)’’; and 
(C) by inserting ‘‘for each critical muni-
tions program’’ after ‘‘the following’’; 
(2) by striking subsection (b); 
(3) by redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively; 
(4) by amending subsection (c), as so redesig-
nated, to read as follows: 
‘‘(c) IMPLEMENTATION GUIDANCE USED.—A report 
required to be submitted under subsection (a) for a fiscal
1571 
year shall include a description and explanation of the mu-
nitions requirements process implementation guidance de-
veloped by the Under Secretary of Defense for Acquisition 
and Sustainment and used by each armed force for the 
munitions requirements process for such armed force for 
that fiscal year. Such description and explanation shall in-
clude each of the following: 
‘‘(1) A list of configurations fielded as of the 
date of the submittal of the report. 
‘‘(2) The percentage of the total munitions in-
ventory that is fielded, by configuration. 
‘‘(3) The average shelf life and age of the muni-
tions in the inventory and the percentage of the mu-
nitions in the inventory that will exceed shelf life 
during the ten-year period following the date of the 
submittal of the report. 
‘‘(4) The number of years required to meet the 
out-year unconstrained total munitions requirement 
at the rate requested for the fiscal year covered by 
the report. 
‘‘(5) The average rate of procurement during 
the three-year period preceding the date of the sub-
mittal of the report, and the number of years re-
quired to meet the out-year unconstrained total mu-
nitions requirement at such three-year average rate.
1572 
‘‘(6) The additional amount of funding that 
would be required, for each fiscal year, to meet the 
out-year unconstrained total munitions requirement 
for each munition by the end of the period covered 
by the most recent future-years defense program 
submitted to Congress pursuant to section 221 of 
this title. 
‘‘(7) Such other information as the Under Sec-
retary determines is appropriate.’’; 
(5) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) CRITICAL MUNITIONS RESERVE.—(1) For each 
critical munitions program, the Under Secretary of De-
fense for Acquisition and Sustainment shall establish and 
maintain a critical munitions reserve, through which the 
Under Secretary shall procure longest lead sub-compo-
nents, concurrent with year production, to provide the ca-
pability to quickly access the amount of critical munitions 
inventory required for one or more years in order to accel-
erate the delivery of such munitions. 
‘‘(2) A critical munitions reserve under paragraph (1) 
may take the form of a rotable pool to facilitate the timely 
use of critical munitions material while producing suffi-
cient quantities of such material to maintain an ongoing 
reserve of such material.
1574 
‘‘(C) has a projected inventory that is fore-
casted to remain insufficient at the end of the 
period covered by the future-years defense pro-
gram most recently submitted to Congress pur-
suant to section 221 of this title.’’. 
(b) REPORT ON CRITICAL MUNITIONS RESERVE.— 
Not later than 90 days after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition 
and Sustainment shall submit to the congressional defense 
committees a report on the progress of the Under Sec-
retary in establishing the critical munitions reserves re-
quired by subsection (d) of section 222c of title 10, United 
States Code, as added by subsection (a)(5). 
SEC. 1707. IDENTIFICATION OF SUBCONTRACTORS FOR 
CRITICAL MUNITIONS CONTRACTS. 
(a) IDENTIFICATION
OF
SUBCONTRACTORS.—Not 
later than 210 days after the date of the enactment of 
this Act, the Under Secretary of Defense for Acquisition 
and Sustainment shall carry out a pilot program to estab-
lish a process for identifying subcontractors (at any tier) 
that, on the date on which the process described in sub-
section (a) is implemented— 
(1) are performing one or more critical muni-
tions contracts; and
1575 
(2)(A) provide products to a prime contractor 
or a higher-tier subcontractor for such prime con-
tractor under such a contract; or 
(B) are responsible for the storage or handling 
of controlled unclassified information under such a 
contract. 
(b) USE
OF FRAMEWORK.—The Under Secretary 
shall, to the extent practicable, use the framework devel-
oped under section 4819 of title 10, United States Code, 
to carry out the pilot program established under this sec-
tion. 
(c) IMPLEMENTATION PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Under 
Secretary shall submit to the congressional defense com-
mittees an implementation plan for the pilot program re-
quired by this section. Such plan shall include the fol-
lowing: 
(1) Information on the practices that will be 
used to apply processes established under the pilot 
program, including an identification of any practices 
used by the Missile Defense Agency or the Strategic 
Capabilities Office that identify subcontractors (at 
any tier) for covered contracts.
1576 
(2) A list of programs of the Department of 
Defense to which the Under Secretary will apply the 
process established under this section. 
(d) RECOMMENDATIONS.—Not later than 90 days 
after the implementation of the pilot program required by 
this section, the Under Secretary shall submit to the con-
gressional defense committees recommendations on the 
feasibility of expanding, beginning on or after November 
1, 2023, the pilot program established under this section 
to Department of Defense program under which a DO- 
rated order or a DX-rated order may be placed. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered contract’’ means a crit-
ical munitions contract for which a subcontractor (at 
any tier)— 
(A) provides products to a prime con-
tractor or a higher-tier subcontractor for such 
prime contractor; or 
(B) is responsible for the storage or han-
dling of controlled unclassified information. 
(2) The term ‘‘critical munition’’ has the mean-
ing given such term in section 1705 of this Act. 
(3) The term ‘‘critical munitions contract’’ 
means a contract between the Department of De-
1577 
fense and a prime contractor for the procurement of 
critical munitions. 
(4) The term ‘‘DO-rated order’’ means an order 
with a priority rating of ‘‘critical to national de-
fense’’ in the Defense Priorities and Allocation Sys-
tem pursuant to part 700 of title 15, Code of Fed-
eral Regulations (or any successor regulation). 
(5) The term ‘‘DX-rated order’’ means an order 
with a priority rating of ‘‘highest national defense 
urgency’’ in the Defense Priorities and Allocation 
System pursuant to part 700 of title 15, Code of 
Federal Regulations (or any successor regulation). 
SEC. 1708. STUDY ON STOCKPILES AND PRODUCTION OF 
CRITICAL GUIDED MUNITIONS. 
(a) STUDY.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall complete a study to determine how rapidly stockpiles 
of the United States of critical guided munitions would 
become depleted in the event of the involvement of the 
United States in a large-scale conflict. 
(b) MATTERS.—The study under subsection (a) shall 
include, at a minimum, the following: 
(1) Modeling of the monthly munitions expendi-
ture of the United States in the scenario of a large- 
scale conflict (lasting for a period of at least 180
1578 
days) in Europe during fiscal year 2025, at various 
levels of conflict intensity, including conflicts involv-
ing 25, 50, and 75 percent of the force structure of 
the land, naval, and air forces of the active Armed 
Forces. 
(2) Modeling of the monthly munitions expendi-
ture of the United States in the scenario of a large- 
scale conflict (lasting for a period of at least 180 
days) in East Asia during fiscal year 2025, at var-
ious levels of conflict intensity, including conflicts in-
volving 25, 50, and 75 percent of the force structure 
of the land, naval, and air forces of the active 
Armed Forces. 
(3) An analysis of how rapidly stockpiles of the 
United States of critical guided munitions would be-
come depleted in each of the scenarios referred to in 
paragraphs (1) and (2) for, at a minimum, the fol-
lowing munitions: 
(A) Air Intercept Missile-260. 
(B) Joint Direct Attack Munition. 
(C) Long Range Anti-Ship Missile. 
(D) Naval Strike Missile. 
(E) Standard Missile-2. 
(F) Standard Missile-6. 
(G) Harpoon Anti-ship Missile.
1579 
(H) MK-48 torpedo. 
(I) Each variant of the following: 
(i) Air Intercept Missile-9. 
(ii) Air Intercept Missile-120. 
(iii) Army Tactical Missile System. 
(iv) Guided Multiple Launch Rocket 
System. 
(v) Javelin. 
(vi) Joint Air-to-Surface Standoff 
Missile. 
(vii) Patriot Missile. 
(viii) Precision Strike Missile. 
(ix) Stinger. 
(x) Tomahawk Cruise Missile. 
(4) An analysis of the time and resources that 
would be necessary to restart production lines for 
the critical guided munitions specified in paragraph 
(3) that, as of the period during which the study is 
conducted, are not in production by the United 
States. 
(5) An analysis of the time and resources that 
would be necessary to increase the monthly produc-
tion of critical guided munitions to meet the expend-
iture rates projected pursuant to the modeling under 
paragraphs (1) and (2).
1580 
(c) REPORT AND BRIEFING.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the completion of the study under 
subsection (a), the Secretary of Defense shall submit 
to the congressional defense committees a report, 
and provide to the congressional defense committees 
a briefing, on the study. Such report shall contain 
the following: 
(A) A summary of the findings of the 
study. 
(B) Recommendations to expedite the pro-
duction of the munitions specified in subsection 
(b)(3). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. 
(d) CRITICAL GUIDED MUNITION.—In this section, 
the term ‘‘critical guided munition’’ means— 
(1) any munition specified in subsection (b)(3); 
and 
(2) any other munition designated as such by 
the Secretary of Defense.
1581 
SEC. 1709. UKRAINE CRITICAL MUNITIONS ACQUISITION 
FUND. 
(a) ESTABLISHMENT.—There shall be established in 
the Treasury of the United States a revolving fund to be 
known as the ‘‘Ukraine Critical Munitions Acquisition 
Fund’’ (in this section referred to as the ‘‘Fund’’). 
(b) PURPOSE.—Subject to the availability of appro-
priations, amounts in the Fund shall be made available 
by the Secretary of Defense— 
(1) to ensure that adequate stocks of critical 
munitions are available for allies and partners of the 
United States during the war in Ukraine; and 
(2) to finance the acquisition of critical muni-
tions in advance of the transfer of such munitions 
to foreign countries during the war in Ukraine. 
(c) ADDITIONAL AUTHORITY.—Subject to the avail-
ability of appropriations, the Secretary may also use 
amounts made available to the Fund— 
(1) to keep on continuous order munitions that 
the Secretary deems as critical due to a reduction in 
current stocks as a result of the drawdown of stocks 
provided to the government of Ukraine for transfer 
to Ukraine; or 
(2) with the concurrence of the Secretary of 
State, to procure munitions identified as having a 
high use rate during the war in Ukraine.
1582 
(d) DEPOSITS.— 
(1) IN GENERAL.—The Fund shall consist of 
each of the following: 
(A) Collections from sales made under let-
ters of offer (or transfers made under the For-
eign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.)) of munitions acquired using amounts 
made available from the Fund pursuant to this 
section, representing the value of such items 
calculated, as applicable, in accordance with— 
(i) subparagraph (B) or (C) of section 
21(a)(1) of the Arms Export Control Act 
(22 U.S.C. 2761(a)(1); 
(ii) section 22 of the Arms Export 
Control Act (22 U.S.C. 2762); or 
(iii) section 644(m) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2403). 
(B) Such amounts as may be appropriated 
pursuant to the authorization under this section 
or otherwise made available for the purposes of 
the Fund. 
(C) Not more than $500,000,000 may be 
transferred to the Fund for any fiscal year, in 
accordance with subsection (e), from amounts 
authorized to be appropriated by this Act for
1583 
the Department in such amounts as the Sec-
retary determines necessary to carry out the 
purposes of this section, which shall remain 
available until expended. The transfer authority 
provided by this paragraph is in addition to any 
other transfer authority available to the Sec-
retary. 
(2) CONTRIBUTIONS FROM FOREIGN GOVERN-
MENTS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary of Defense may accept 
contributions of amounts to the Fund from any 
foreign government or international organiza-
tion. Any amounts so accepted shall be credited 
to the Ukraine Critical Munitions Acquisition 
Fund and shall be available for use as author-
ized under subsection (b). 
(B) LIMITATION.—The Secretary may not 
accept a contribution under this paragraph if 
the acceptance of the contribution would com-
promise, or appear to compromise, the integrity 
of any program of the Department of Defense. 
(C) NOTIFICATION.—If the Secretary ac-
cepts any contribution under this paragraph, 
the Secretary shall notify the congressional de-
1584 
fense committees, the Committee on Foreign 
Relations of the Senate, and the Committee on 
Foreign Affairs of the House of Representa-
tives. Such notice shall specify the source and 
amount of any contribution so accepted and the 
use of any amount so accepted. 
(e) NOTIFICATION.— 
(1) IN GENERAL.—No amount may be trans-
ferred pursuant to subsection (d)(1)(C) until the 
date that is 15 days after the date on which the Sec-
retary provides to the congressional defense commit-
tees, the Committee on Foreign Affairs of the House 
of Representatives, and the Committee on Foreign 
Relations of the Senate— 
(A) notice in writing of the amount and 
purpose of the proposed transfer; and 
(B) a description of how the Secretary in-
tends to use the munitions acquired under this 
section to meet national defense requirements 
as specified in subsection (f)(1)(A). 
(2) AMMUNITION PURCHASES.—No amounts in 
the Fund may be used to purchase ammunition, as 
authorized by this Act, until the date that is 15 days 
after the date on which the Secretary notifies the
1585 
congressional defense committees in writing of the 
amount and purpose of the proposed purchase. 
(3) FOREIGN TRANSFERS.—No munition pur-
chased using amounts in the Fund may be trans-
ferred to a foreign country until the date that is 15 
days after the date on which the Secretary notifies 
the congressional defense committees in writing of 
the proposed transfer. 
(f) LIMITATIONS.— 
(1) LIMITATION ON TRANSFER.—No munition 
acquired by the Secretary of Defense using amounts 
made available from the Fund pursuant to this sec-
tion may be transferred to any foreign country un-
less such transfer is authorized by the Arms Export 
Control Act (22 U.S.C. 2751 et seq.), the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or 
other applicable law, except as follows: 
(A) The Secretary of Defense, with the 
concurrence of the Secretary of State, may au-
thorize the use by the Department of Defense 
of munitions acquired under this section prior 
to transfer to a foreign country, if such use is 
necessary to meet national defense require-
ments and the Department bear the costs of re-
placement and transport, maintenance, storage,
1586 
and other such associated costs of such muni-
tions. 
(B) Except as required by subparagraph 
(A), amounts made available to the Fund may 
be used to pay for storage, maintenance, and 
other costs related to the storage, preservation 
and preparation for transfer of munitions ac-
quired under this section prior to their transfer, 
and the administrative costs of the Department 
of Defense incurred in the acquisition of such 
items, to the extent such costs are not eligible 
for reimbursement pursuant to section 43(b) of 
the Arms Export Control Act (22 U.S.C. 
2792(b)). 
(2) CERTIFICATION REQUIREMENT.— 
(A) IN
GENERAL.—No amounts in the 
Fund may be used pursuant to this section un-
less the President— 
(i) certifies to the congressional de-
fense committees, the Committee on For-
eign Affairs of the House of Representa-
tives, and the Committee on Foreign Rela-
tions of the Senate that the Special De-
fense Acquisition Fund established pursu-
ant to chapter 5 of the Arms Export Con-
1587 
trol Act (22 U.S.C. 2795 et seq.) cannot 
be used to fulfill the same functions and 
objectives for which such amounts to be 
made available from the Fund are to be 
used; and 
(ii) includes in such certification a 
justification therefor, which may be in-
cluded in a classified annex, if necessary. 
(B) 
NON-DELEGATION.—The 
President 
may not delegate any responsibility of the 
President under subparagraph (A). 
(g) TERMINATION.—The authority for the Fund 
under this section shall expire on December 31, 2024. 
SEC. 1710. QUARTERLY BRIEFINGS ON REPLENISHMENT 
AND REVITALIZATION OF STOCKS OF DEFEN-
SIVE AND OFFENSIVE WEAPONS PROVIDED 
TO UKRAINE. 
(a) QUARTERLY BRIEFINGS.—The Secretary of De-
fense shall provide to the congressional defense commit-
tees quarterly briefings, in accordance with subsection (b), 
on the progress of the Department of Defense toward re-
plenishing and sustaining the production capacity and 
stocks of covered weapons that have been delivered to 
Ukraine as part of the effort to—
1588 
(1) support Ukraine’s resistance against Rus-
sian aggression; and 
(2) buy down strategic risks. 
(b) ELEMENTS OF BRIEFINGS.— 
(1) BRIEFINGS
ON
US
WEAPONS.—The Sec-
retary of Defense shall provide to the congressional 
defense committees quarterly briefings that include 
each of the following: 
(A) A timeline and budgetary estimate for 
developing and procuring replacement stocks of 
covered weapons for the United States. 
(B) An identification of any opportunities 
to allow vendors to compete for agreements to 
produce next-generation weapons. 
(C) An analysis of risks within the indus-
trial base that provides support for covered 
weapons, and detailed options to mitigate those 
risks. 
(D) A discussion of options to maximize 
competition among providers of covered weap-
ons and components thereof, and an identifica-
tion of any gaps in legal authority to pursue 
and achieve the objectives of maximizing com-
petition and replenishing and sustaining the 
production capacity of covered weapons.
1589 
(E) An update on the use of the authori-
ties of the Department of Defense to replenish 
and sustain the production capacity and stocks 
of covered weapons referred to in subsection 
(a). 
(2) BRIEFING
ON
WEAPONS
OF
ALLIES
AND 
PARTNERS.—The Secretary of Defense shall provide 
to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Foreign Rela-
tions of the Senate a briefing on the plan to use au-
thorities for— 
(A) developing and procuring replacement 
stocks of covered weapons for allies and part-
ners of the United States; and 
(B) advancing the replenishment of weap-
ons for such allies and partners that have pro-
vided, or are contemplating providing, such 
weapons to Ukraine. 
(c) COVERED WEAPON.—In this section, the term 
‘‘covered weapon’’ means any weapon other than a covered 
system, as that term is defined in section 1703(d). 
(d) TERMINATION.—The requirement to provide 
quarterly briefings under subsection (b)(1) shall terminate 
on December 31, 2026.
1590 
DIVISION 
B—MILITARY 
CON-
STRUCTION 
AUTHORIZA-
TIONS 
SEC. 2001. SHORT TITLE. 
This division and title XLVI of division D may be 
cited as the ‘‘Military Construction Authorization Act for 
Fiscal Year 2023’’. 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS REQUIRED TO BE SPECIFIED BY 
LAW. 
(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE 
YEARS.—Except as provided in subsection (b), all author-
izations contained in titles XXI through XXVII for mili-
tary construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North At-
lantic Treaty Organization Security Investment Program 
(and authorizations of appropriations therefor) shall ex-
pire on the later of— 
(1) October 1, 2025; or 
(2) the date of the enactment of an Act author-
izing funds for military construction for fiscal year 
2026. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
authorizations for military construction projects, land ac-
quisition, family housing projects and facilities, and con-
1591 
tributions to the North Atlantic Treaty Organization Se-
curity Investment Program (and authorizations of appro-
priations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2025; or 
(2) the date of the enactment of an Act author-
izing funds for fiscal year 2026 for military con-
struction projects, land acquisition, family housing 
projects and facilities, or contributions to the North 
Atlantic Treaty Organization Security Investment 
Program. 
SEC. 2003. EFFECTIVE DATE AND AUTOMATIC EXECUTION 
OF CONFORMING CHANGES TO TABLES OF 
SECTIONS, TABLES OF CONTENTS, AND SIMI-
LAR TABULAR ENTRIES. 
(a) EFFECTIVE DATE.—Titles XXI through XXVII 
shall take effect on the later of— 
(1) October 1, 2022; or 
(2) the date of the enactment of this Act. 
(b) ELIMINATION OF NEED FOR CERTAIN SEPARATE 
CONFORMING AMENDMENTS.— 
(1) AUTOMATIC
EXECUTION
OF
CONFORMING 
CHANGES.—When an amendment made by a provi-
sion of this division to a covered defense law adds 
a section or larger organizational unit to the covered
1592 
defense law, repeals or transfers a section or larger 
organizational unit in the covered defense law, or 
amends the designation or heading of a section or 
larger organizational unit in the covered defense law, 
that amendment also shall have the effect of amend-
ing any table of sections, table of contents, or simi-
lar table of tabular entries in the covered defense 
law to alter the table to conform to the changes 
made by the amendment. 
(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to an amendment described in such paragraph 
when— 
(A) the amendment, or a separate clerical 
amendment enacted at the same time as the 
amendment, expressly amends a table of sec-
tions, table of contents, or similar table of tab-
ular entries in the covered defense law to alter 
the table to conform to the changes made by 
the amendment; or 
(B) the amendment otherwise expressly ex-
empts itself from the operation of this section. 
(3) COVERED
DEFENSE
LAW.—In this sub-
section, the term ‘‘covered defense law’’ means— 
(A) titles 10, 32, and 37 of the United 
States Code;
1593 
(B) any national defense authorization Act 
or military construction authorization Act that 
authorizes funds to be appropriated for a fiscal 
year to the Department of Defense; and 
(C) any other law designated in the text 
thereof as a covered defense law for purposes of 
application of this section. 
SEC. 2004. DIRECTING THE SECRETARY OF DEFENSE TO 
CONTINUE MILITARY HOUSING REFORMS. 
(a) IN GENERAL.—The Secretary of Defense shall 
consider— 
(1) partnerships with innovative housing pro-
duction companies to build cost-effective multi-fam-
ily housing that is energy efficient and improve en-
ergy resiliency in order to increase the supply of af-
fordable housing available to active duty members of 
the Armed Forces; or 
(2) purchasing multiple multi-family housing if 
this results in an additional lower cost. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall report to Congress on the considerations under sub-
section (a). 
(c) INNOVATIVE HOUSING PRODUCTION COMPANY 
DEFINED.—In this section, the term ‘‘innovative housing
1594 
production company’’ means a company that offers hous-
ing in an area for which the costs per unit is lower than 
the cost per unit of other housing in the area that meets 
Federal, State, and local housing standards, based on 
quality, accessibility, and durability. 
TITLE XXI—ARMY MILITARY 
CONSTRUCTION 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2103(a) and available for military con-
struction projects inside the United States as specified in 
the funding table in section 4601, the Secretary of the 
Army may acquire real property and carry out military 
construction projects for the installations or locations in-
side the United States, and in the amounts, set forth in 
the following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Colorado ............................
Fort Carson ...........................................................
$14,200,000 
Louisiana ..........................
Fort Polk ...............................................................
$32,000,000 
North Carolina .................
Fort Bragg ............................................................
$34,000,000 
New Jersey .......................
Picatinny Arsenal ..................................................
$3,654,000 
Pennsylvania .....................
Letterkenny Army Depot ......................................
$38,000,000 
Texas ................................
Corpus Christi Army Depot ..................................
$103,000,000 
...........................................
Fort Bliss ..............................................................
$15,000,000 
Washington .......................
Joint Base Lewis-McChord ...................................
$49,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
1595 
tions in section 2103(a) and available for military con-
struction projects outside the United States as specified 
in the funding table in section 4601, the Secretary of the 
Army may acquire real property and carry out military 
construction projects for the installations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
Army: Outside the United States 
State 
Installation 
Amount 
Germany ...........................
East Camp Grafenwoehr .......................................
$168,000,000 
Kwajalein .........................
Kwajalein Atoll ......................................................
$69,000,000 
SEC. 2102. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2103(a) and available for military 
family housing functions as specified in the funding table 
in section 4601, the Secretary of the Army may construct 
or acquire family housing units (including land acquisition 
and supporting facilities) at the installation, in the num-
ber of units or for the purpose, and in the amount set 
forth in the following table: 
Army: Family Housing 
Country 
Installation or Location 
Units 
Amount 
Germany .......
Baumholder ............................
Family Housing 
New Construc-
tion .................
$57,000,000 
Italy ..............
Vincenza .................................
Family Housing 
New Construc-
tion .................
$95,000,000
1596 
(b) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2103(a) and available for military family housing 
functions as specified in the funding table in section 4601, 
the Secretary of the Army may carry out architectural and 
engineering services and construction design activities 
with respect to the construction or improvement of family 
housing units in an amount not to exceed $17,339,000. 
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2022, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Army as specified in 
the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2101 may not ex-
ceed the total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601.
1597 
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT 
MCNAIR QUARTERS 4, 13, AND 15. 
Not later than one year after the date on which all 
the individuals occupying District of Columbia Fort 
McNair Quarters 4, 13, and 15, as of the date of the en-
actment of this Act, have moved out of such Quarters, 
the Secretary of the Army shall demolish such Quarters. 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2019 PROJECT. 
In the case of the authorization contained in the table 
in section 2101(b) of the Military Construction Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 132 
Stat. 2242) for Camp Tango, Korea, for construction of 
a command and control facility at the installation, the Sec-
retary of the Army may increase scope for a dedicated, 
enclosed egress pathway out of the underground facility 
to facilitate safe escape in case of fire. 
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2018 PROJECTS. 
(a) EXTENSION.—(1) Notwithstanding section 2002 
of the Military Construction Authorization Act for Fiscal 
Year 2018 (division B of Public Law 115–91; 131 Stat. 
1817), the authorization set forth in the table in para-
graph (2), as provided in section 2101(b) of that Act (131 
Stat. 1819), shall remain in effect until October 1, 2023, 
or the date of the enactment of an Act authorizing funds
1598 
for military construction for fiscal year 2024, whichever 
is later. 
(2) The table referred to in paragraph (1) is as fol-
lows: 
Army: Extension of 2018 Project Authorization 
Country 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Korea ..............
Kunsan Air Base .........
Unmanned Aerial 
Vehicle Hangar ...
$53,000,000 
(b) ARMY FAMILY HOUSING.—(1) Notwithstanding 
section 2002 of the Military Construction Authorization 
Act for Fiscal Year 2018 (division B of Public Law 115– 
91; 131 Stat. 1817), the authorization set forth in the 
table in paragraph (2), as provided in section 2102 of that 
Act (131 Stat. 1820), shall remain in effect until October 
1, 2023, or the date of the enactment of an Act author-
izing funds for military construction for fiscal year 2024, 
whichever is later. 
(2) The table referred to in paragraph (1) is as fol-
lows: 
Army: Extension of 2018 Project Authorization 
Country 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Kwajalein .......
Kwajalein Atoll ............
Family Housing Re-
placement Con-
struction ..............
$31,000,000
1599 
SEC. 2107. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2018 PROJECTS. 
(a) KUNSAN AIR BASE, KOREA.—In the case of the 
authorization contained in the table in section 2101(b) of 
the Military Construction Authorization Act for Fiscal 
Year 2018 (division B of Public Law 115–91; 131 Stat. 
1819) for Kunsan Air Base, Korea, for construction of 
an Unmanned Aerial Vehicle Hangar at the installation, 
the Secretary of the Army may— 
(1) construct the hangar at Camp Humphries, 
Korea; and 
(2) remove primary scope associated with the 
relocation of the air defense artillery battalion facili-
ties to include a ground based missile defense equip-
ment area, fighting positions, a missile resupply area 
air defense artillery facility, a ready building and 
command post, a battery command post area, a safe-
ty shelter, and a guard booth. 
(b) 
KWAJALEIN
ATOLL, 
HWAJALEIN.—Section 
2879(a)(1)(A) of the Military Construction Authorization 
Act for Fiscal Year 2018 (division B of Public Law 115– 
91; 131 Stat. 1874) is amended by striking ‘‘at least 26 
family housing units’’ and inserting ‘‘not more than 26 
family housing units’’.
1600 
TITLE XXII—NAVY MILITARY 
CONSTRUCTION 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2203(a) and available for military con-
struction projects inside the United States as specified in 
the funding table in section 4601, the Secretary of the 
Navy may acquire real property and carry out military 
construction projects for the installations or locations in-
side the United States, and in the amounts, set forth in 
the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
California ......................
Marine 
Corps 
Base 
Ground 
Combat 
Center 
Twentynine Palms.
$120,382,000 
Marine Corps Base Camp Pendleton ........................
$85,210,000 
Naval Air Station Lemoore .......................................
$201,261,000 
Naval Base Point Loma ............................................
$56,450,000 
Connecticut ...................
Naval Submarine Base New London ........................
$15,514,000 
Florida ..........................
Naval Air Station Jacksonville .................................
$86,232,000 
Naval Air Station Whiting Field ..............................
$57,789,000 
Georgia .........................
Naval Submarine Base Kings Bay ...........................
$279,171,000 
Guam ............................
Marine Corps Base Camp Blaz ................................
$330,589,000 
Hawaii ..........................
Marine Corps Base Kaneohe Bay .............................
$87,930,000 
Joint Base Pearl Harbor- Hickam ...........................
$3,637,692,000 
North Carolina .............
Marine Corps Air Station Cherry Point ...................
$38,415,000 
Marine Corps Base Camp Lejeune ...........................
$47,475,000 
Nevada ..........................
Naval Air Station Fallon ..........................................
$97,865,000 
Virginia .........................
Naval Station Norfolk ...............................................
$16,863,000 
Washington ...................
Naval Air Station Whidbey Island ............................
$37,461,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2203(a) and available for military con-
struction projects outside the United States as specified
1601 
in the funding table in section 4601, the Secretary of the 
Navy may acquire real property and carry out military 
construction projects for the installation outside the 
United States, and in the amount, set forth in the fol-
lowing table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Australia ....................
Royal Australian Air Base Darwin ..............
$258,831,000 
Japan .........................
Kadena Air Base ..........................................
$195,400,000 
SEC. 2202. FAMILY HOUSING. 
(a) 
CONSTRUCTION
AND
ACQUISITION.—Using 
amounts appropriated pursuant to the authorization of ap-
propriations in section 2203(a) and available for military 
family housing functions as specified in the funding table 
in section 4601, the Secretary of the Navy may construct 
or acquire family housing units (including land acquisition 
and supporting facilities) at the installations or locations, 
in the number of units or for the purposes, and in the 
amounts set forth in the following table: 
Navy: Family Housing 
Location 
Installation 
Units or Pur-
pose 
Amount 
Guam ............
Naval Support Activity Ander-
son.
Family housing 
new construc-
tion .................
$248,634,000 
............................
..........................
(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS.—Subject to section 2825 of title 10, United States 
Code, and using amounts appropriated pursuant to the
1602 
authorization of appropriations in section 2203(a) and 
available for military family housing functions as specified 
in the funding table in section 4601, the Secretary of the 
Navy may improve existing military family housing units 
in an amount not to exceed $74,540,000. 
(c) PLANNING AND DESIGN.—Using amounts appro-
priated pursuant to the authorization of appropriations in 
section 2203(a) and available for military family housing 
functions as specified in the funding table in section 4601, 
the Secretary of the Navy may carry out architectural and 
engineering services and construction design activities 
with respect to the construction or improvement of family 
housing units in an amount not to exceed $24,224,000. 
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2022, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Navy, as specified in 
the funding table in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2201 of this Act
1603 
may not exceed the total amount authorized to be appro-
priated under subsection (a), as specified in the funding 
table in section 4601. 
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2018 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2002 of 
the Military Construction Authorization Act for Fiscal 
Year 2018 (division B of Public Law 115–91; 131 Stat. 
1817), the authorization set forth in the table in sub-
section (a), as provided in section 2201(a) of that Act 
(131 Stat. 1822), shall remain in effect until October 1, 
2023, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2024, which-
ever is later. 
(b) TABLE.—The table referred to in subsection (a) 
is as follows: 
Navy: Extension of 2018 Project Authorization 
Country 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Guam ..............
Joint Region Marianas 
Navy-Commercial 
Tie-in Hardening
$37,180,000
1604 
SEC. 2205. TRANSFER OF CUSTOMERS FROM ELECTRICAL 
UTILITY SYSTEM OF THE NAVY AT FORMER 
NAVAL AIR STATION BARBER’S POINT, HA-
WAII, 
TO 
NEW 
ELECTRICAL 
SYSTEM 
IN 
KALAELOA, HAWAII. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations for such purpose, the Secretary of the Navy 
shall pay the reasonable costs to transfer all customers 
off of the electrical utility system of the Navy located at 
former Naval Air Station Barber’s Point, Hawaii, to the 
new electrical system in Kalaeloa, Hawaii, operated by 
Hawaii Electric. 
(b) FACILITATION OF TRANSFER.—To facilitate the 
transfer of customers described in subsection (a), the Sec-
retary of the Navy shall provide the following to the State 
of Hawaii: 
(1) A load analysis and design necessary to 
complete such transfer. 
(2) Such rights of way and easements as may 
be necessary to support the construction of replace-
ment electrical infrastructure. 
(c) DISPOSAL OF NAVY ELECTRICAL SYSTEM.—After 
all customers have been transferred as required under sub-
section (a), the Secretary of the Navy may dispose of the 
electrical system of the Navy located at former Naval Air 
Station Barber’s Point, Hawaii.
1605 
(d) AUTHORITY FOR THIRD-PARTY AGREEMENT.— 
The Secretary of the Navy may enter into a cooperative 
agreement or other appropriate instrument with a non- 
Department of Defense entity under which— 
(1) such entity shall agree to facilitate the 
transfer of customers under subsection (a); and 
(2) subject to the availability of appropriations 
for such purpose, the Secretary of the Navy shall 
agree to reimburse such entity for the reasonable 
costs of such transfer. 
TITLE XXIII—AIR FORCE 
MILITARY CONSTRUCTION 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2303(a) and available for military con-
struction projects inside the United States as specified in 
the funding table in section 4601, the Secretary of the 
Air Force may acquire real property and carry out mili-
tary construction projects for the installations or locations 
inside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alaska .................................
Clear Air Force Station ................
$68,000,000 
Alabama ..............................
Maxwell Air Force Base ................
$15,000,000
1606 
Air Force: Inside the United States—Continued 
State 
Installation or Location 
Amount 
California ............................
Travis Air Force Base ..................
$7,500,000 
Vandenberg Air Force Base ..........
$89,000,000 
Florida 
Patrick Space Force Base .............
$97,000,000 
Hawaii ................................
Kirtland Air Force Base, Maui 
Experimental Site .....................
$89,000,000 
Ohio ....................................
Wright-Patterson Air Force Base
$29,000,000 
Oklahoma ............................
Altus Air Force Base ....................
$4,750,000 
Tinker Air Force Base ..................
$43,600,000 
South Carolina ....................
Shaw Air Force Base ....................
$10,000,000 
South Dakota .....................
Ellsworth Air Force Base .............
$328,000,000 
Tennessee ...........................
Arnold Air Force Base ..................
$38,000,000 
Texas ..................................
Joint Base San Antonio-Randolph 
$29,000,000 
Utah ....................................
Hill Air Force Base ......................
$84,000,000 
Wyoming .............................
F.E. Warren Air Force Base ........
$176,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 230l(a) and available for military con-
struction projects outside the United States as specified 
in the funding table in section 4601, the Secretary of the 
Air Force may acquire real property and carry out mili-
tary construction projects for the installations or locations 
outside the United States, and in the amounts, set forth 
in the following table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Hungary ..............................
Papa Air Base ...............................
$71,000,000 
Iceland ................................
Keflavik .........................................
$94,000,000 
Italy ....................................
Aviano Air Base ............................
$46,500,000 
Japan ..................................
Kadena Air Base ...........................
$307,000,000 
Jordan ................................
Azraq Air Base .............................
$50,000,000 
Norway ...............................
Rygge ............................................
$8,200,000 
Spain ...................................
Moron Air Base .............................
$29,000,000 
SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILI-
TARY FAMILY HOUSING UNITS. 
(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING 
UNITS.—Subject to section 2825 of title 10, United States
1608 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2301 may not ex-
ceed the total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2018 PROJECTS. 
(a) EXTENSION.— 
(1) 
EXTENSION.—Notwithstanding 
section 
2002 of the Military Construction Authorization Act 
for Fiscal Year 2018 (division B of Public Law 115– 
91; 131 Stat. 1817), the authorizations set forth in 
the table in paragraph (2), as provided in section 
2301(a) of that Act (131 Stat. 1825), shall remain 
in effect until October 1, 2023, or the date of the 
enactment of an Act authorizing funds for military 
construction for fiscal year 2024, whichever is later. 
(2) TABLE.—The table referred to in paragraph 
(1) is as follows: 
Air Force: Extension of 2018 Project Authorizations 
State 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Florida ...........
Tyndall Air Force Base 
Fire Station ............
$17,000,000 
Texas ..............
Joint Base San Antonio 
BMT Classrooms/ 
Dining .................
$38,000,000 
Joint Base San Antonio 
Camp Bullis Dining 
Facility ................
$18,500,000 
Wyoming ........
F. E. Warren Air Force 
Base .........................
Consolidated Helo/ 
TRF Ops/AMU 
and Alert Fac. .....
$62,000,000
1609 
(b) OVERSEAS CONTINGENCY OPERATIONS.— 
(1) 
EXTENSION.—Notwithstanding 
section 
2002 of the Military Construction Authorization Act 
for Fiscal Year 2018 (division B of Public Law 115– 
91; 131 Stat. 1817), the authorizations set forth in 
the table in paragraph (2), as provided in section 
2903 of that Act (131 Stat. 1876), shall remain in 
effect until October 1, 2023, or the date of the en-
actment of an Act authorizing funds for military 
construction for fiscal year 2024, whichever is later. 
(2) TABLE.—The table referred to in paragraph 
(1) is as follows: 
Air Force: Extension of 2018 Project Authorizations 
Country 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Hungary .........
Kecskemet Air Base ....
ERI: Airfield Up-
grades ..................
$12,900,000 
Kecskemet Air Base ....
ERI: Construct Par-
allel Taxiway .......
$30,000,000 
Kecskemet Air Base ....
ERI: Increase POL 
Storage Capacity
$12,500,000 
Luxembourg ...
Sanem ..........................
ERI: ECAOS 
Deployable Air-
base System Stor-
age .......................
$67,400,000 
Slovakia ..........
Malacky ........................
ERI: Airfield Up-
grades ..................
$4,000,000 
Malacky ........................
ERI: Increase POL 
Storage Capacity
$20,000,000 
ERI: Airfield Upgrades 
Construct Combat 
Arms Training 
and Maintenance 
Facility ................
$22,000,000
1610 
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2021 PROJECT. 
In the case of the authorization contained in the table 
in section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2021 (division B of Public Law 
116–283; 134 Stat. 4299) for Hill Air Force Base, Utah, 
for construction of GBSD Organic Software Sustainment 
Center, the Secretary of the Air Force may construct— 
(1) up to 7,526 square meters of Surface Park-
ing Lot in lieu of constructing a 13,434 square me-
ters vehicle parking garage; and 
(2) up to 402 square meters of Storage Igloo. 
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT 
CERTAIN 
MILITARY 
CONSTRUCTION 
PROJECTS AT TYNDALL AIR FORCE BASE, 
FLORIDA. 
In the case of the authorization contained in section 
2912(a) of the Military Construction Authorization Act 
for Fiscal Year 2020 (division B of Public Law 116–92; 
133 Stat. 1913) for Tyndall Air Force Base, Florida— 
(1) for construction of Lodging Facilities 
Phases 1-2, as specified in such funding table and 
modified by section 2306(a)(7) of the Military Con-
struction Authorization Act for Fiscal Year 2021 
(division B of Public Law 116–283; 134 Stat.
1611 
4302), the Secretary of the Air Force may construct 
two emergency backup generators; 
(2) for construction of Dorm Complex Phases 
1-2, as specified in such funding table and modified 
by section 2306(a)(8) of the Military Construction 
Authorization Act for Fiscal Year 2021 (division B 
of Public Law 116–283; 134 Stat. 4302), the Sec-
retary of the Air Force may construct an emergency 
backup generator; 
(3) for construction of Site Development, Utili-
ties, and Demo Phase 2, as specified in such funding 
table and modified by section 2306(a)(6) of the Mili-
tary Construction Authorization Act for Fiscal Year 
2021 (division B of Public Law 116–283; 134 Stat. 
4302), the Secretary of the Air Force may con-
struct— 
(A) up to 6,248 lineal meters of storm 
water utilities; 
(B) up to 55,775 square meters of roads; 
(C) up to 4,334 lineal meters of gas pipe-
line; and 
(D) up to 28,958 linear meters of elec-
trical; 
(4) for construction of Tyndall AFB Gate Com-
plex, as specified in such funding table and modified
1612 
by section 2306(a)(9) of the Military Construction 
Authorization Act for Fiscal Year 2021 (division B 
of Public Law 116–283; 134 Stat. 4302), the Sec-
retary of the Air Force may construct up to 55,694 
square meters of roadway with serpentines; and 
(5) for construction of Deployment Center/ 
Flight Line Dining/AAFES, as specified in such 
funding table and modified by section 2306(a)(11) 
of the Military Construction Authorization Act for 
Fiscal Year 2021 (division B of Public Law 116– 
283; 134 Stat. 4303), the Secretary of the Air Force 
may construct up to 164 square meters of AAFES 
(Shoppette). 
TITLE 
XXIV—DEFENSE 
AGEN-
CIES 
MILITARY 
CONSTRUC-
TION 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403(a) and available for military con-
struction projects inside the United States as specified in 
the funding table in section 4601, the Secretary of De-
fense may acquire real property and carry out military 
construction projects for the installations or locations in-
1613 
side the United States, and in the amounts, set forth in 
the following table: 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
California ................
Coronado .....................................................
$75,712,000 
Florida ....................
Hurlburt Field ............................................
$9,100,000 
.................................
MacDill Air Force Base ..............................
$50,000,000 
North Carolina ........
Fort Bragg ..................................................
$34,470,000 
Texas .......................
Joint Base San Antonio .............................
$58,600,000 
Virginia ...................
Dam Neck ...................................................
$26,600,000 
Pentagon .....................................................
$18,000,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403(a) and available for military con-
struction projects outside the United States as specified 
in the funding table in section 4601, the Secretary of De-
fense may acquire real property and carry out military 
construction projects for the installation or location out-
side the United States, and in the amount, set forth in 
the following table: 
Defense Agencies: Outside the United States 
Country 
Installation or Location 
Amount 
Germany .............
Baumholder ...................................................
$149,023,000 
Japan ..................
Yokota Air Base ............................................
$72,154,000 
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CON-
SERVATION 
INVESTMENT 
PROGRAM 
PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403(a) and available for energy conserva-
1614 
tion projects as specified in the funding table in section 
4601, the Secretary of Defense may carry out energy con-
servation projects under chapter 173 of title 10, United 
States Code, for the installations or locations inside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
ERCIP Projects: Inside the United States 
State 
Installation or Location 
Amount 
Alabama .............
Redstone Arsenal ...........................................
$10,700,000 
California ............
Marine Corps Mountain Warfare Training 
Center Bridgeport .....................................
$25,560,000 
Naval Base Ventura County, PT Magu ........
$13,360,000 
Florida ..............
Naval Air Station Jacksonville ......................
$2,400,000 
Patrick Space Force Base .............................
$18,000,000 
Georgia ...............
Fort Stewart-Hunter Army Airfield ..............
$25,400,000 
Naval Submarine Base Kings Bay ................
$11,200,000 
Guam ..................
Naval Base Guam .........................................
$34,360,000 
Hawaii ................
Joint Base Pearl Harbor- Hickam ................
$25,000,000 
Kansas ................
Fort Riley ......................................................
$25,780,000 
Maryland ............
Fort George G. Meade ..................................
$23,310,000 
Texas ..................
Fort Hood .....................................................
$31,500,000 
U.S. Army Reserve Center, Conroe ..............
$9,600,000 
Virginia ...............
Naval Support Activity, Hampton Roads .....
$22,400,000 
NCE Springfield, Fort Belvoir ......................
$1,100,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in section 2403(a) and available for energy conserva-
tion projects as specified in the funding table in section 
4601, the Secretary of Defense may carry out energy con-
servation projects under chapter 173 of title 10, United 
States Code, for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
ERCIP Projects: Outside the United States 
Country 
Installation or Location 
Amount 
Djibouti ..............
Camp Lemmonier ..........................................
$24,000,000
1615 
ERCIP Projects: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Japan ..................
Kadena Air Base ...........................................
$780,000 
Kuwait ................
Camp Arifjan .................................................
$26,850,000 
Norway ...............
Rygge .............................................................
$8,200,000 
Spain ..................
Moron Air Base .............................................
$29,000,000 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DE-
FENSE AGENCIES. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2022, for military con-
struction, land acquisition, and military family housing 
functions of the Department of Defense (other than the 
military departments), as specified in the funding table 
in section 4601. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION 
PROJECTS.—Notwithstanding the cost variations author-
ized by section 2853 of title 10, United States Code, and 
any other cost variation authorized by law, the total cost 
of all projects carried out under section 2401 may not ex-
ceed the total amount authorized to be appropriated under 
subsection (a), as specified in the funding table in section 
4601. 
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2018 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of 
the Military Construction Authorization Act for Fiscal
1616 
Year 2018 (division B of Public Law 115–91; 131 Stat. 
1817), the authorization set forth in the table in sub-
section (b), as provided in section 2401(b) of that Act 
(131 Stat. 1829), shall remain in effect until October 1, 
2023, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2024, which-
ever is later. 
(b) TABLE.—The table referred to in subsection (a) 
is as follows: 
Defense Agencies: Extension of 2017 Project Authorization 
Country 
Installation 
Project 
Original Au-
thorized 
Amount 
Japan .............
Iwakuni ........................
Construct Bulk 
Storage Tanks 
PH 1 ...................
$30,800,000 
Puerto Rico ....
USCG Station; Punta 
Borinquen ................
Ramey Unit School 
Replacement ........
$61,071,000 
TITLE XXV—INTERNATIONAL 
PROGRAMS 
Subtitle A—North Atlantic Treaty 
Organization 
Security 
Invest-
ment Program 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of Defense may make contributions for 
the North Atlantic Treaty Organization Security Invest-
ment Program as provided in section 2806 of title 10, 
United States Code, in an amount not to exceed the sum
1617 
of the amount authorized to be appropriated for this pur-
pose in section 2502 and the amount collected from the 
North Atlantic Treaty Organization as a result of con-
struction previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2022, for con-
tributions by the Secretary of Defense under section 2806 
of title 10, United States Code, for the share of the United 
States of the cost of projects for the North Atlantic Treaty 
Organization Security Investment Program authorized by 
section 2501 as specified in the funding table in section 
4601. 
Subtitle B—Host Country In-Kind 
Contributions 
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION 
PROJECTS. 
Pursuant to agreement with the Republic of Korea 
for required in-kind contributions, the Secretary of De-
fense may accept military construction projects for the in-
stallations or locations in the Republic of Korea, and in 
the amounts, set forth in the following table: 
Republic of Korea Funded Construction Projects 
Component 
Installation or 
Location 
Project 
Amount 
Army ..............
Camp Humphreys 
Quartermaster Laundry/ 
Dry Cleaner Facility .....
$24,000,000 
Army ..............
Camp Humphreys 
MILVAN CONNEX Stor-
age Yard ........................
$20,000,000
1618 
Republic of Korea Funded Construction Projects—Continued 
Component 
Installation or 
Location 
Project 
Amount 
Navy ...............
Camp Mujuk .......
Replace Ordnance Storage 
Magazines ......................
$150,000,000 
Navy ...............
Fleet Activities 
Chinhae ...........
Water Treatment Plant 
Relocation ......................
$6,000,000 
Air Force ........
Gimhae Air Base 
Refueling Vehicle Shop .....
$8,800,000 
Air Force ........
Osan Air Base ....
Combined Air and Space 
Operations Intelligence 
Center ............................
$306,000,000 
Air Force ........
Osan Air Base ....
Upgrade Electrical Dis-
tribution West, Phase 3 
$235,000,000 
SEC. 2512. REPEAL OF AUTHORIZED APPROACH TO CER-
TAIN CONSTRUCTION PROJECT. 
Section 2511 of the Military Construction Authoriza-
tion Act for Fiscal Year 2022 (division B of Public Law 
117–81; 135 Stat. 2177) is amended— 
(1) by striking ‘‘(a) AUTHORITY TO ACCEPT 
PROJECTS.—’’; and 
(2) by striking subsection (b). 
TITLE XXVI—GUARD AND 
RESERVE FORCES FACILITIES 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON-
STRUCTION 
AND 
LAND 
ACQUISITION 
PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2605 and available for 
the National Guard and Reserve as specified in the fund-
ing table in section 4601, the Secretary of the Army may 
acquire real property and carry out military construction 
projects for the Army National Guard installations or lo-
1619 
cations inside the United States, and in the amounts, set 
forth in the following table: 
Army National Guard 
State 
Installation or Location 
Amount 
Delaware .............
New Castle ..........................................................................
$16,000,000 
Florida ................
Palm Coast ..........................................................................
$12,000,000 
Camp Blanding ...................................................................
$24,700,000 
Hawaii ................
Kapolei ................................................................................
$29,000,000 
Iowa ....................
West Des Moines .................................................................
$15,000,000 
Indiana ...............
Atlanta .................................................................................
$20,000,000 
Michigan .............
Camp Grayling ....................................................................
$16,000,000 
Minnesota ...........
New Ulm .............................................................................
$17,000,000 
North Carolina ...
McLeansville ........................................................................
$15,000,000 
Nevada ...............
Reno ....................................................................................
$18,000,000 
New York ...........
Troy .....................................................................................
$17,000,000 
Vermont ..............
Bennington ..........................................................................
$14,800,000 
West Virginia .....
Buckhannon ........................................................................
$14,000,000 
Wyoming ............
Sheridan ..............................................................................
$14,800,000 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 
AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the fund-
ing table in section 4601, the Secretary of the Army may 
acquire real property and carry out military construction 
projects for the Army Reserve installations or locations in-
side the United States, and in the amounts, set forth in 
the following table: 
Army Reserve 
State 
Installation or Location 
Amount 
Florida ...................
Perrine ..............................................................................
$46,000,000 
Puerto Rico ...........
Fort Buchanan .................................................................
$24,000,000
1620 
SEC. 2603. AUTHORIZED AIR NATIONAL GUARD CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the fund-
ing table in section 4601, the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the Air National Guard installations or 
locations inside the United States, and in the amounts, 
set forth in the following table: 
Air National Guard 
State 
Installation or Location 
Amount 
Alabama ................
Birmingham International Airport ..................................
$7,500,000 
Arizona ..................
Morris Air National Guard Base .....................................
$12,000,000 
Tucson International Airport ...........................................
$10,000,000 
Florida ...................
Jacksonville International Airport ...................................
$22,200,000 
Indiana ..................
Fort Wayne International Airport ...................................
$12,800,000 
Tennessee ..............
Mcghee-Tyson Airport ......................................................
$23,800,000 
SEC. 2604. AUTHORIZED AIR FORCE RESERVE CONSTRUC-
TION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the author-
ization of appropriations in section 2606 and available for 
the National Guard and Reserve as specified in the fund-
ing table in section 4601, the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations inside the United States, 
and in the amounts, set forth in the following table: 
Air Force Reserve 
State 
Installation 
Amount 
California ...............
Beale Air Force Base .......................................................
$33,000,000 
Virginia ..................
Joint Base Langley-Eustis ...............................................
$10,500,000
1621 
SEC. 2605. AUTHORIZATION OF APPROPRIATIONS, NA-
TIONAL GUARD AND RESERVE. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2022, for the 
costs of acquisition, architectural and engineering services, 
and construction of facilities for the Guard and Reserve 
Forces, and for contributions therefor, under chapter 
1803 of title 10, United States Code (including the cost 
of acquisition of land for those facilities), as specified in 
the funding table in section 4601. 
SEC. 2606. CORRECTIONS TO AUTHORITY TO CARRY OUT 
CERTAIN FISCAL YEAR 2022 PROJECTS. 
The authorization table in section 2601 of the Mili-
tary Construction Authorization Act for Fiscal Year 2022 
(division B of Public Law 117–81; 135 Stat. 2178) is 
amended— 
(1) in the item relating to Redstone Arsenal, 
Alabama, by striking ‘‘Redstone Arsenal’’ and in-
serting ‘‘Huntsville’’; 
(2) in the item relating to Jerome National 
Guard Armory, Idaho, by striking ‘‘Jerome National 
Guard Armory’’ and inserting ‘‘Jerome’’; 
(3) in the item relating to Nickell Memorial Ar-
mory Topeka, Kansas, by striking ‘‘Nickell Memorial 
Armory Topeka’’ and inserting ‘‘Topeka’’;
1622 
(4) in the item relating to Lake Charles Na-
tional Guard Readiness Center, Louisiana, by strik-
ing ‘‘Lake Charles National Guard Readiness Cen-
ter’’ and inserting ‘‘Lake Charles’’; 
(5) in the item relating to Camp Grayling, 
Michigan, by striking ‘‘Camp Grayling’’ and insert-
ing ‘‘Grayling’’; 
(6) in the item relating to Butte Military En-
trance Testing Site, Montana, by striking ‘‘Butte 
Military Entrance Testing Site’’ and inserting 
‘‘Butte’’; 
(7) in the item relating to Mead Army National 
Guard Readiness Center, Nebraska, by striking 
‘‘Mead Army National Guard Readiness Center’’ 
and inserting ‘‘Mead Training Site’’; 
(8) in the item relating to Dickinson National 
Guard Armory, North Dakota, by striking ‘‘Dickin-
son National Guard Armory’’ and inserting ‘‘Dickin-
son’’; 
(9) in the item relating to Bennington National 
Guard Armory, Vermont, by striking ‘‘Bennington 
National 
Guard 
Armory’’ 
and 
inserting 
‘‘Bennington’’; and 
(10) in the item relating to Camp Ethan Allen 
Training Site, Vermont, by striking ‘‘Camp Ethan
1623 
Allen Training Site’’ and inserting ‘‘Ethan Allen Air 
Force Base TS’’. 
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2018 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of 
the Military Construction Authorization Act for Fiscal 
Year 2018 (division B of Public Law 115–91; 131 Stat. 
1817), the authorizations set forth in the table in sub-
section (b), as provided in section 2604 of that Act (131 
Stat. 1836), shall remain in effect until October 1, 2023, 
or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2024, whichever 
is later. 
(b) TABLE.—The table referred to in subsection (a) 
is as follows: 
Air Force: Extension of 2018 Project Authorizations 
State 
Installation or 
Location 
Project 
Original Au-
thorized 
Amount 
Indiana ...........
Hulman Regional Air-
port ..........................
Construct Small 
Arms Range ........
$8,000,000 
South Dakota
Joe Foss Field .............
Aircraft Mainte-
nance Shops ........
$12,000,000 
Wisconsin .......
Dane County Regional/ 
Airport Truax Field
Construct Small 
Arms Range ........
$8,000,000
1624 
TITLE 
XXVII—BASE 
REALIGN-
MENT AND CLOSURE ACTIVI-
TIES 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR 
BASE REALIGNMENT AND CLOSURE ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF 
DEFENSE BASE CLOSURE ACCOUNT. 
Funds are hereby authorized to be appropriated for 
fiscal years beginning after September 30, 2022, for base 
realignment and closure activities, including real property 
acquisition and military construction projects, as author-
ized by the Defense Base Closure and Realignment Act 
of 1990 (part A of title XXIX of Public Law 101–510; 
10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account established by section 
2906 of such Act (as amended by section 2711 of the Mili-
tary Construction Authorization Act for Fiscal Year 2013 
(division B of Public Law 112–239; 126 Stat. 2140)), as 
specified in the funding table in section 4601. 
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLI-
TION AND REMOVAL ACTIVITIES THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE 
ACCOUNT. 
(a) IN GENERAL.—Section 2906(c)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C.
1625 
2687 note) is amended by adding at the end the following 
new subparagraph: 
‘‘(E) To carry out the demolition or re-
moval of any building or structure under the 
control of the Secretary of the Navy that is not 
designated as historic under a Federal, State, 
or local law and is located on a military instal-
lation closed or realigned under a base closure 
law (as such term is defined in section 101 of 
title 10, United States Code) at which the sam-
pling or remediation of radiologically contami-
nated materials has been the subject of sub-
stantiated allegations of fraud, without regard 
to— 
‘‘(i) whether the building or structure 
is radiologically impacted; or 
‘‘(ii) whether such demolition or re-
moval is carried out, as part of a response 
action or otherwise, under the Defense En-
vironmental Restoration Program specified 
in subparagraph (A) or CERCLA (as such 
term is defined in section 2700 of title 10, 
United States Code).’’.
1626 
(b) FUNDING.—The amendment made by this section 
may only be carried out using funds authorized to be ap-
propriated in the table in section 4601. 
TITLE 
XXVIII—MILITARY 
CON-
STRUCTION GENERAL PROVI-
SIONS 
Subtitle A—Military Construction 
Program Changes 
SEC. 2801. MODIFICATION OF ANNUAL LOCALITY ADJUST-
MENT OF DOLLAR THRESHOLDS APPLICABLE 
TO UNSPECIFIED MINOR MILITARY CON-
STRUCTION AUTHORITIES. 
Section 2805(f)(2) of title 10, United States Code, 
is amended— 
(1) by striking ‘‘or the Commonwealth’’ and in-
serting ‘‘Wake Island, the Commonwealth’’; and 
(2) by inserting ‘‘, or a former United States 
Trust Territory now in a Compact of Free Associa-
tion with the United States’’ after ‘‘Mariana Is-
lands’’.
1627 
SEC. 2802. MILITARY CONSTRUCTION PROJECTS FOR INNO-
VATION, RESEARCH, DEVELOPMENT, TEST, 
AND EVALUATION. 
(a) IN GENERAL.—Subchapter I of chapter 169 of 
title 10, United States Code, is amended by inserting after 
section 2809 the following new section: 
‘‘§ 2810. Military construction projects for innovation, 
research, development, test, and evalua-
tion 
‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The 
Secretary of Defense may carry out such military con-
struction projects for innovation, research, development, 
test, and evaluation as are authorized by law, using funds 
appropriated or otherwise made available for that purpose. 
‘‘(b) SUBMISSION OF PROJECT PROPOSALS.—As part 
of the Department of Defense Form 1391 submitted to 
the appropriate committees of Congress for a military con-
struction project covered by subsection (a), the Secretary 
of Defense shall include the following information: 
‘‘(1) The project title. 
‘‘(2) The location of the project. 
‘‘(3) A brief description of the scope of work. 
‘‘(4) The original project cost estimate and the 
current working cost estimate, if different. 
‘‘(5) Such other information as the Secretary 
considers appropriate.
1628 
‘‘(c) APPLICATION
TO MILITARY CONSTRUCTION 
PROJECTS.—This section shall apply to military construc-
tion projects covered by subsection (a) for which a Depart-
ment of Defense Form 1391 is submitted to the appro-
priate committees of Congress in connection with the 
budget of the Department of Defense for fiscal year 2023 
and thereafter.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 2809 the following 
new item: 
‘‘2810. Military construction projects for innovation, research, development, test, 
and evaluation.’’. 
SEC. 2803. FURTHER CLARIFICATION OF REQUIREMENTS 
RELATED TO AUTHORIZED COST AND SCOPE 
OF WORK VARIATIONS. 
(a) CLARIFICATIONS AND TECHNICAL CORRECTIONS 
RELATING
TO EXCEPTIONS
TO COST VARIATION
AND 
SCOPE OF WORK.—Subsection (c)(1) of section 2853 of 
title 10, United States Code, as amended by section 2802 
of the Military Construction Authorization Act for Fiscal 
Year 2022 (division B of Public Law 117–81), is further 
amended— 
(1) by striking subparagraph (A) and inserting 
the following new subparagraph (A):
1629 
‘‘(A) The Secretary concerned may waive the percent-
age or dollar cost limitation applicable to a military con-
struction project or a military family housing project 
under subsection (a) and approve an increase in the cost 
authorized for the project in excess of that limitation only 
if— 
‘‘(i) the total cost of the project is less than 
$500,000,000; 
‘‘(ii) the cost increase is an amount equal to or 
less than 50 percent of the original authorized 
amount; and 
‘‘(iii) the Secretary notifies the appropriate 
committees of Congress of such waiver and approval 
in the manner provided in this paragraph.’’; and 
(2) by striking subparagraph (D) and redesig-
nating subparagraph (E) as subparagraph (D). 
(b) TECHNICAL CORRECTION RELATED TO EXCEP-
TIONS TO LIMITATION ON SCOPE OF WORK INCREASES.— 
Subsection (d)(4) of such section, as so amended, is fur-
ther amended by striking ‘‘and approve an increase in the 
scope of work for the project that would increase the scope 
of work’’.
1630 
SEC. 2804. USE OF OPERATION AND MAINTENANCE FUNDS 
FOR 
CERTAIN 
CONSTRUCTION 
PROJECTS 
OUTSIDE THE UNITED STATES. 
(a) PERMANENT AUTHORITY.—Subsection (a) of sec-
tion 2808 of the Military Construction Authorization Act 
for Fiscal Year 2004 (division B of Public Law 108–136; 
117 Stat. 1723), as amended, including most recently by 
section 2806 of the Military Construction Authorization 
Act for Fiscal Year 2022 (division B of Public Law 117– 
81), is amended— 
(1) by striking ‘‘, inside the area of responsi-
bility of the United States Central Command or cer-
tain countries in the area of responsibility of the 
United States Africa Command,’’; 
(2) by inserting ‘‘outside the United States’’ 
after ‘‘construction project’’; and 
(3) in paragraph (2), by striking ‘‘, unless the 
military installation is located in Afghanistan, for 
which projects using this authority may be carried 
out at installations deemed as supporting a long- 
term presence’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (b), by striking ‘‘subsection 
(f)’’ and inserting ‘‘subsection (d)’’; 
(2) by striking subsection (e);
1631 
(3) by redesignating subsections (f) and (g) as 
subsections (d) and (e), respectively; 
(4) in subsection (e), as so redesignated, by 
striking ‘‘subsection (f)’’ and inserting ‘‘subsection 
(d)’’; and 
(5) by striking subsections (h) and (i). 
(c) CLERICAL AMENDMENTS.—Such section is fur-
ther amended as follows: 
(1) The section heading for such section is 
amended— 
(A) by striking ‘‘TEMPORARY, LIMITED’’; 
and 
(B) by inserting ‘‘CERTAIN’’ before ‘‘CON-
STRUCTION PROJECTS’’. 
(2) The subsection heading for subsection (a) of 
such section is amended by striking ‘‘TEMPORARY 
AUTHORITY’’ and inserting ‘‘IN GENERAL’’. 
(d) CLASSIFICATION.—The Law Revision Counsel is 
directed to classify section 2808 of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B 
of Public Law 108–136; 117 Stat. 1723), as amended by 
subsection (a), as a note following section 2804 of title 
10, United States Code.
1632 
SEC. 2805. INCREASE IN MAXIMUM APPROVED COST OF UN-
SPECIFIED MINOR MILITARY CONSTRUCTION 
PROJECTS. 
Section 2805(a)(2) of title 10, United States Code, 
is amended by striking ‘‘$6,000,000’’ and inserting 
‘‘$12,000,000’’. 
SEC. 2806. INCREASE IN UNSPECIFIED MINOR MILITARY 
CONSTRUCTION AUTHORITY FOR LABORA-
TORY REVITALIZATION PROJECTS. 
(a) LABORATORY REVITALIZATION.—Subsection (d) 
of section 2805 of title 10, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘$6,000,000’’ 
both places it appears and inserting ‘‘$12,000,000’’; 
(2) in paragraph (2), by striking ‘‘$6,000,000’’ 
and inserting ‘‘$12,000,000, incrementally across 
multiple fiscal years’’; and 
(3) by striking paragraph (5). 
(b) ADJUSTMENT OF DOLLAR LIMITATIONS FOR LO-
CATION.—Subsection (f) of such section is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting 
‘‘$12,000,000’’; and 
(2) by striking subparagraph (3).
1633 
SEC. 2807. PERMANENT APPLICATION OF DOLLAR LIMITS 
FOR 
LOCATION 
AND 
APPLICATION 
TO 
PROJECTS OUTSIDE THE UNITED STATES. 
Section 2805 of title 10, United States Code, is 
amended by striking subsection (f) and inserting the fol-
lowing new subsection (f): 
‘‘(f) ADJUSTMENT OF DOLLAR LIMITS FOR LOCA-
TION.—Each fiscal year, the Secretary concerned shall ad-
just the dollar limitations specified in this section applica-
ble to an unspecified minor military construction project 
to reflect the area construction cost index for military con-
struction projects published by the Department of Defense 
during the prior fiscal year for the location of the project, 
except that no limitation specified in this section may ex-
ceed $16,000,000 as the result of any adjustment made 
under this paragraph.’’. 
SEC. 2808. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
SPECIAL 
OPERATIONS 
FORCES 
MILITARY 
CONSTRUCTION. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2023 for the Department of Defense may 
be obligated or expended for the Commander of Special 
Operations Command for military construction in 
Baumholder, Germany. 
(b) WAIVER.—
1634 
(1) IN
GENERAL.—The Secretary of Defense 
may waive the prohibition under subsection (a) if the 
Secretary— 
(A) determines that such a waiver is in the 
national security interests of the United States; 
and 
(B) not later than 14 days after issuing 
the waiver, submits to the congressional defense 
committees a detailed justification for the waiv-
er in accordance with paragraph (2). 
(2) ELEMENTS.—A justification under para-
graph (1)(B) shall include each of the following: 
(A) The determination of the Secretary 
that none of the following countries would pro-
vide preferable host nation funding for an 
equivalent project in such country: 
(i) Romania. 
(ii) Poland. 
(iii) Latvia. 
(iv) Estonia. 
(v) Lithuania. 
(B) The determination of the Secretary 
that hosting such forces in Germany would pro-
vide greater deterrence or greater operational
1635 
utility than host nation support in Romania, 
Poland, Latvia, Estonia or Lithuania. 
(C) An explanation for how the waiver is 
in the national security interests of the United 
States. 
(D) Any other information the Secretary 
determines appropriate. 
SEC. 2809. REQUIREMENTS RELATING TO CERTAIN MILI-
TARY CONSTRUCTION PROJECTS. 
(a) SUPERVISION
OF
MILITARY
CONSTRUCTION 
PROJECTS.— 
(1) IN
GENERAL.—Section 2851 of title 10, 
United States Code, is amended— 
(A) in subsection (c)(1), by inserting ‘‘or 
appropriated’’ after ‘‘funds authorized’’ each 
place such term appears; 
(B) in subsection (c)(2)— 
(i) in subparagraph (A), by inserting 
‘‘, deadline for bid submissions,’’ after ‘‘so-
licitation date’’; 
(ii) in subparagraph (B), by inserting 
‘‘(including the address of such recipient)’’ 
after ‘‘contract recipient’’; and 
(iii) by adding at the end the fol-
lowing new subparagraphs:
1636 
‘‘(H) Any subcontracting plan required under 
paragraph (4) or (5) of section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) for the project sub-
mitted by the contract recipient to the Secretary of 
Defense. 
‘‘(I) A detailed written statement describing 
and justifying any exception applied or waiver grant-
ed under— 
‘‘(i) chapter 83 of title 41; 
‘‘(ii) section 4862 of this title; or 
‘‘(iii) section 4863 of this title.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) The information required to be published on the 
Internet website under subsection (c) shall constitute a 
record for the purposes of chapters 21, 29, 31, and 33 
of title 44.’’. 
(2) FEDERAL PROCUREMENT DATA SYSTEM.— 
The Secretary of Defense shall ensure that there is 
a clear and unique indication of any covered contract 
with subcontracting work of an estimated value of 
$250,000 or more in the Federal Procurement Data 
System established pursuant to section 1122(a)(4) 
of title 41, United States Code (or any successor 
system).
1637 
(b) INCREASED TRANSPARENCY AND PUBLIC AVAIL-
ABILITY
OF INFORMATION REGARDING SOLICITATION 
AND AWARD OF SUBCONTRACTS UNDER MILITARY CON-
STRUCTION CONTRACTS.— 
(1) AVAILABILITY
OF
CERTAIN
INFORMATION 
RELATING
TO
MILITARY
CONSTRUCTION
SUB-
CONTRACTS.—Section 2851 of title 10, United 
States Code, is amended— 
(A) by redesignating subsection (d) as sub-
section (g); 
(B) by inserting after subsection (c) (as 
amended by this section) the following new sub-
sections: 
‘‘(d) INFORMATION
AND NOTICE REQUIREMENTS 
REGARDING
SOLICITATION
AND
AWARD
OF
SUB-
CONTRACTS.— 
‘‘(1) The recipient of a contract for a construc-
tion project described in subsection (c)(1) to be car-
ried out in a State shall make publicly available on 
a website of the General Services Administration or 
the Small Business Administration, as applicable, 
any solicitation made by the contract recipient under 
the contract for a subcontract with an estimated 
value of $250,000 or more. 
‘‘(2) The Secretary of Defense shall—
1638 
‘‘(A) maintain on the Internet site required 
by subsection (c)(1) information regarding the 
solicitation date and award date (or anticipated 
date) for each subcontract described in para-
graph (1); and 
‘‘(B) submit written notice of the award of 
the original contract for a project described in 
subsection (c)(1) to be carried out in a State, 
and each subcontract described in paragraph 
(1) under the contract, to each State agency 
that enforces workers’ compensation or min-
imum wage laws in the State in which the con-
tract or subcontract will be carried out. 
‘‘(e) CONGRESSIONAL NOTIFICATION.—In the case of 
the award of a contract for a project described in sub-
section (c)(1) to be carried out in a State, and any sub-
contract described in subsection (d)(1) under the contract, 
where such award has an estimated value of $2,000,000 
or more, the Secretary of Defense shall submit written no-
tice of such award within 30 days after the award to each 
Senator of the State in which the contract or subcontract 
will be carried out and the Member of the House of Rep-
resentatives representing the congressional district in 
which the contract or subcontract will be carried out.